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https://archive.org/details/baltimorecitycodOObalt 


THE 


BALTIMORE  CITY  CODE 

CONTAINING  THE 

PUBLIC  LOCAL  LAWS  OF  MARYLAND 

' RELATING  TO 

THE  CITY  OF  BALTIMORE 

AND  THE 

OIMHS  OF  1 ifi  MD  m Hll  OF  MIIH, 

IN  FORCE  ON  THE  FIRST  DAY  OF  JULY,  1906. 


COMPILED  BY 

CHARLES  PIELERT, 

UNDER  THE  DIRECTION  OF 

W.  CABELL  BRUCE,  ESQ, 

CITY  SOLICITOR. 


1906. 


PRESS  OF 

THE  PETERS  PUBLISHING  AND  PRINTING  CO 
1306-8-10  N.  Fulton  Avenue 
Baltimore,  Md. 


COPYRIGHT  1906 

BY 

MAYOR  AND  CITY  COUNCIL 
OF  BALTIMORE. 


I’oHtu*’ ^ ^ C or  \cL nder  Goo  )9  ^ ^ 


;!B  ■ ron. 

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H STORAGE 


BOOKSTACKS  QEELGE 


The  numbers  of  the  sections  of  Article  4,  title  “City  of 
Baltimore,”  of  the  Public  Local  Laws  of  Maryland,  herein 
contained,  are  those  of  said  Article  as  re-enacted  by  Chapter 
123  of  the  Acts  of  the  General  Assembly  of  Maryland  of 
the  year  1898,  it  being*  deemed  unnecessary  to  repeat  the 
reference  to  said  Act  over  each  section  of  the  Article. 
Supplementary  sections  added  to  said  Article  by  Acts  of 
Assembly  since  the  session  of  1898  are  distinguished  by 
capital  letters  following  the  number  of  such  sections.  To 
facilitate  reference  to  all  statutes  relating  to  the  city  of 
Baltimore  which  do  not  in  express  terms  repeal,  enact  or 
modify  sections  of  said  Article  4,  and  to  effect  a systematic 
arrangement  of  such  statutes  so  that  they  will  appear  in 
connection  with  similar  legislation  in  said  Article,  all  un- 
codified laws  not  of  temporary  interest,  passed  by  the 
General  Assembly  since  and  including  the  session  of  1898, 
have  been  included  in  this  compilation.  The  sections  of 
Article  4 of  the  Public  Local  Laws  as  they  appear  herein 
codified  from  such  last  mentioned  statutes,  are  distinguished 
by  numerals  with  the  prefix  § and  a serial  suffix  in  the 
small  letters  of  the  alphabet. 

Decisions  of  the  Court  of  Appeals  of  Maryland  cited 
herein  are  of  two  kinds  or  groups.  One  group  embraces 
those  which  arose  from  the  interpretation  of  the  provisions 
of  a particular  law  or  ordinance  embraced  in  this  compila- 
tion ; the  other  includes  those  decisions  construing  provi- 
sions of  law  or  ordinance  similar  to  those  in  the  particular 
section  herein  in  connection  with  which  such  decisions  are 
cited.  Where  decisions  from  both  groups  are  cited  in  con- 
nection with  a particular  section  of  this  compilation, 
citations  from  the  first  group  are  denoted  by  an  asterisk. 


STATUTES 


PUBLIC  LOCAL  LAWS— ARTICLE  4. 


CHARTER  AND  MISCELLANEOUS  LOCAL  LAWS. 


1 


Baltimore  City  Code 


ARTICLE  IV 

OF  THE 

PUBLIC  LOCAL  LAWS  OF  MARYLAND 

CHARTER. 

Mayor  and  City  Council  of  Baltimore. 


Corporate  Name;  Power  to  Hold 
Property;  Annex. 

1.  Corporate  name;  corporate  pow- 

ers. * 

2.  Corporate  property;  may  receive 

and  dispose  of  same. 

3.  Streets  in  Annex. 

4.  Taxation  in  the  Annex;  County 

rate  of  taxation  not  to  be  in- 
creased until  after  the  year 
1900. 

4a. Terms  “landed  property,  ” “un- 
til avenues’  ’ and  block  of 
ground”  defined. 

5.  Turnpikes  in  Annex. 

General  Powers. 

6.  General  powers  of  Mayor  and 

City  Council  of  Baltimore. 

(i)  Buildings. 

Regulation,  restriction  and  in- 
spection of  building  operations, 
materials  and  sanitary  arrange- 
ments ; to  make  safe  or  remove 
dangerous  structures  or  require 
the  owners  to  make  same  safe,  at 
expense  of  owners;  to  regulate  the 
construction  of  wooden  buildings 
and  the  erection  and  repair  of  build- 
ings; Ordinance  146,  October  23, 
1891,  legalized;  to  define  limits 


within  which  steps,  porticos,  bay- 
window,  etc.,  may  be  erected;  pro- 
viso relating  to  “Burnt  District.” 

(2)  Carriages. 

Power  to*  license;  hackney  car- 
riages defined;  breadth  of  wheels- 
of  vehicles. 

(J)  Chimneys. 

Sweeping  Chimneys. 

{4)  Condemnation  of  Property.. 

Powers  of  municipality  to  con- 
demn private  property  for  public 
use  ; notice  to  owners  of  property 
so  taken  ; appeals  from  valuations  ; 
damages  and  benefits  through  con- 
demnation ; appeals  from  such  as- 
sessments ; purposes  for  which 
property  may  be  condemned. 

(5)  Fire. 

Power  of  the  Mayor  and  City 
Council  ; pensions  to  firemen  ; re- 
tiring members ; appropriations  for 
pensions ; firing  of  crackers  pro- 
hibited ; storage  of  gunpowder ; 
naval  stores  ; illuminating  oils. 

{6)  Fish. 

Sale  of  Fish. 


2 


CITY  OF  BAI.TIMORF. 


(7)  Fruits,  Meats,  Vegetables  and 
other  A rticles. 

To  license  and  regulate  sale  of. 
(5)  Harbor,  Docks  and  Wharves. 

To  preserve  navigation  and  fix 
pier  or  bulkhead  lines;  to  clean,  deep- 
en and  regulate  harbor ; to  pre- 
serve and  clean  basin  and  harbor ; 
wharves  and  wharfage;  fines;  tax 
on  lumber;  appointment  of  Harbor 
Masters;  public  wharf  taxes;  collec- 
tion of  same;  wharfage  at  city 
wharves. 

( 9)  Health. 

Powers  of  Mayor  and  City  Coun- 
cil of  Baltimore  ; construction  and 
use  of  tenement  houses. 

(7(9)  Hospitals. 

To  erect  houses  of  correction  and 
institutions  for  care  and  treatment 
of  indigent  poor. 

(77)  Inspections. 

Power  to  regulate  inspections  of 
weights  and  measures ; to  assize 
bread ; to  inspect  milk  and  food 
products  ; to  provide  penalties;  to 
provide  for  inspectors  and  analysts; 
to  provide  for  inspection  of  baker- 
ies ; candy  factories,  etc.;  fines; 
inspectors. 

HZ')  Jail. 

To  own,  regulate  and  control 
same. 

(7J)  Jones'  Falls. 

Powers  of  Mayor  and  City  Coun- 
cil to  improve  ; acquisition  of  pro- 
perty ; condemnation  ; benefits  and 
damages  to  be  assessed  ; appeals  ; 
jury  trial  if  desired  ; assessments 
to  be  collected  ; may  define  limits; 
title  to  land  acquired  ; wharves ; 
grades  of  streets ; cost  of  grading 
and  paving ; issue  of  bonds  to 
amount  of  |2, 500, 000;  to  compel 
persons  to  build,  rebuild  or  repair 
walls  ; in  event  of  failure  city  may 
build  at  expense  of  owner. 


{14)  Licenses. 

Power  relating  to  licenses. 

(75)  Markets. 

Power  of  Mayor  and  City  Coun- 
cil to  regulate  and  control ; sale 
and  lease  of  stalls ; extension  of 
markets  ; to  condemn  land  ; dis- 
train for  rents. 

(7(5)  Parks. 

To  establish,  control  and  regulate 
parks;  Resolution,  June  4,  1860, 
and  Ordinance,  June  4,  1860,  con- 
firmed ; rights  vested  in  Board  of 
Park  Commissioners;  Green  Spring 
Avenue  Road  ; deed  of  same  ; 
Board  to  have  powers  set  out  in 
this  Article ; Mayor  and  City  Coun- 
cil to  make  necessary  rules  and  reg- 
ulations for  parks. 

(77)  Police. 

Appropriation  for  disabled  and 
superannuated  members. 

{IS)  Police  Power. 

Power  to  preserve  order,  etc.; 
not  to  conflict  with  powers  of 
Board  of  Police. 

{19)  Peddlers. 

May  grant  permits  to  poor  per- 
sons to  peddle. 

{20)  Pumps,  Fountains  and 
Springs. 

To  erect  and  regulate. 

{21)  Railroads. 

Construction  of  tracks  on  streets; 
May  assess  cost  on  owners  of  front- 
ing lots  ; jury  trials  ; may  remove 
such  tracks;  fenders  on  street  cars. 

{22)  Schools. 

Power  to  establish  ; protection  of 
school  property  ; taxes  for  support 
of  schools. 

K23)  Sewers. 

Power  to  construct ; to  repair ; 
to  condemn  land  for  sewers ; to 
regulate  drainage. 


CHARTER. 


3 


{24)  Squares,  Springs  and 
Monuments. 

To  establish  and  regulate  squares, 
etc.;  to  extend  Kutaw  Square;  as- 
sessments and  appeals  ; to  collect 
assessments  ; notice  of  ordinance 
to  be  published ; notice  before  tak- 
ing action. 

{25)  Stocks,  Loans  and  Finance. 

Tax  to  pay  principal  and  interest; 
increase  of  public  debt  ; invest- 
ments of  sinking  fund  in  ground 
rents ; payment  of  taxes  on  city 
stock  ; rate  of  interest. 

{26)  Streets,  Bridges  and 
Highways. 

(a)  Opening,  Extending,  Widen- 
ing, Straightening  or  closing  up 
streets. 

To  provide  for  opening,  laying 
out,  etc.,  streets;  to  assess  damages 
and  benefits  by  reason  thereof  ; ap- 
peals from  decision  of  Commission- 
ers ; jury  trial  provided  ; collection 
of  assessments;  infancy,  etc,;  to 
acquire  fee  simple  interest  in  lands; 
rents,  revenue,  arising  thereout. 

(b)  Grade  Tines  of  streets. 

Power  to  change  grade  lines  of 

streets. 

(c)  Grading,  Paving,  Curbing, 
etc..  Streets  (Special  Ordinance.) 

Powers  as  to  grading,  re-grad- 
ing, shelling,  re-shelling,  paving 
and  re-paving,  curbing,  re-curbing 
streets,  lanes  and  alleys  ; notice  of 
ordinance  to  be  given ; hearing, 
appeals  and  practice,  as  in  street 
opening  cases. 

(d)  Same,  (General  Ordinance, 
Application  of  Owners.) 

Levy  and  collection  of  tax  for  | 
streets  graded,  paved,  curbed,  re-  ! 
paved,  regraded  and  curbed  where  I 


a majority  of  owners  of  front  feet 
thereon  apply  for  such  work  to  be 
done ; method  of  assessment  and 
collection  of  assessments. 

(E)  Levy  of  Tax  to  Pay  Unpaid 
Assessments  for  Grading,  Paving, 
etc. 

Levy  and  collection  of  tax  for 
streets  heretofore  graded,  paved,, 
re-paved,  curbed  or  re-curbed 
notice,  appeals  ; procedure  as  in 
street  appeals. 

(F)  Footways. 

Grading,  regulating,  paving  and 
repairing  footways. 

(g)  Regulating  Use  of  Streets. 
Obstructions  and  Encroachments. 

To  regulate  use  of,  and  preserver 
street  as  a highway. 

(h)  Opening  Street  Surface.. 
Regulation  of  same. 

(i)  Numbering  Houses. 
Numbering  houses,  etc.,  and’ 

naming  streets. 

(j)  Regulating  Use  of  Sidew'alk 
and  Streets  by  Signs,  Poles,  Wires, 
etc. 

To  regulate  the  use  of  sidewalks 
for  any  purpose  and  space  above 
and  below  the  same. 

(k)  Cleaning  and  Lighting  Streets.. 
Cleaning  streets;  lamps  and  light' 

ing. 

(e)  Use  of  Streets  by  Tracks,, 
Poles  and  Wires. 

Railroad  tracks,  gas  pipes,  poles- 
and  wires. 

(m)  Conduits,  Electrical  Commis- 
sion and  Rentals. 

Conduits  for  telephone,  telegraph 
and  electric  light  wires;  electrical 
commission  ; wires  to  be  placed  in 
conduits ; rentals ; proviso  as  to< 
Ordinance  No.  41,  1889. 


4 


CITY  OF  BATTIMORF. 


Cn)  Bridges  and  Turnpike  Roads, 
To  purchase,  with  County  Com- 
missioners, turnpike  roads  leading 
towards  city. 

(o)  Cathedral  Cemetery. 

Opening  streets  through  Cathe- 
dral Cemetery. 

(p)  Tight  Street  Bridge. 

Joint  maintenance  of  lights  on 
bridge, 

(27)  Surveyor. 

Duties  and  Compensation. 

(28)  Taxes. 

(a)  Annual  Levy. 

To  levy  direct  tax  annually  and 
provide  by  ordinance  for  collection 
thereof ; 

(b)  Property  Taxable. 

To  levy  and  collect  tax  on  all 
property  within  city  legally  taxable; 
property  exempted. 

(c)  Abatement  to  Encourage  Man- 
ufactures. 

Abatement  of  taxes  on  manufact- 
uring plants  and  mechanical  tools  ; 
to  be  extended  to  all  in  industry 
proposed  to  be  benefited  ; duties  of 
Appeal  Tax  Court  in  reference  to 
exemptions. 

(d)  Collection  of  Taxes. 

Powers  in  relation  to  collection 

of  taxes. 

(29)  Theatrical  and  other  Public 
A musements. 

Power  to  license  and  regulate. 
(30)  Water. 

(a)  Acquisition  of  Land  and  Water- 
courses. 

Powers  in  relation  to  water  sup- 
ply ; full  power  to  effect  introduc- 
tion of  water  into  cit}'. 

(b)  Sale  of  Water. 

May  make  contracts  for  use  of 
water. 

(c)  Acquisition  of  Property  and 
Materials  by  Agreement. 


May  agree  with  owners  for  pur- 
chase and  holding  of  necessary 
land  and  materials  for  introducing 
water. 

(d)  Or,  May  acquire  same  by  Con- 
demnation Proceedings. 

May  condemn  any  interest  in 
land  or  property  or  an3’’  materials 
needed  in  introduction  of  water  into 
city  ; provision  for  summoning  jury 
of  inquisition  and  notice  of  same. 

(e)  Selection  of  Jury. 

Mode  of  striking  jurors  from  list 
of  those  attending, 

(f)  Duty  of  Jury. 

Jurors  remaining  to  ascertain 
sum  to  be  paid. 

(g)  Oath . 

To  impartially  value  damages 
sustained. 

(h)  Inquisition. 

To  reduce  inquisition  to  writing 
and  return  same  to  Circuit  Court. 

(i)  Duty  of  Court. 

If  not  confirmed  court  may  order 
another  inquisition  ; appeals. 

(t)  Property  Condemned. 

Property  taken  to  be  described 
and  interest  to  be  stated  ; when  title 
vests  in  city. 

(k)  Selection  of  Jur\^ 

Talesmen;  completion  of  jurj*. 

(e)  Compensation  of  jurors  and 
sheriff. 

To  receive  compensation  allowed 
jurors  in  Circuit  Court ; sheriff’s 
fees. 

(m)  Water  Stock. 

Maj’or  and  City  Council  of  Balti- 
more ma\'  issue  Baltimore  Water 
Stock  to  amount  not  exceeding 
^5,000,000  ; to  assess  water  rates 
and  enforce  payment ; to  protect 
water  sj’stem  and  prevent  pollution 
or  interference  with  works. 

(n)  Water  Bonds. 


CHARTER. 


5 


Bonds  to  amount  of  |1, 000, 000 
may  be  issued  ; proceeds  to  be  used 
in  introducing  water  from  Gun- 
powder Falls. 

(o)  Water  system  in  “Annex”  and 
suburbs. 

To  acquire  pipes  and  appliances 
of  Catonsville  Water  Company  as 
provided  ; proviso  relating  to  ex- 
tension of  system  in  Baltimore 
County  ; may  acquire  equipment  of 
water  companies  with  all  their 
powers. 

(31)  Welfare  and  Other  Powers. 

The  corporation  not  restricted  to 
foregoing  or  other  enumerated 
powers;  penalties  authorized. 

Franchises. 

7.  Title  of  Mayor  and  City  Council 

of  Baltimore  thereto  inalien- 
able. 

8.  Granting  of  specific  franchises 

for  a limited  time  ; certain 
franchises  not  to  be  granted. 

Terms  and  Conditions  of  Fran- 
chises 

9.  Franchises  not  to  be  given  for 

longer  than  twenty-five  years; 
at  its  expiration  plant  or  prop- 
erty may  vest  in  city  as  pro- 
vided or  be  renewed  for  like 
term  on  re-val nation  ; city 
may  operate  plant  if  desired  ; 
city  may  compel  compliance 
with  terms  of  grant. 

10.  Board  of  Estimates  to  publish 

brief  advertisement  of  grant 
or  franchise  applied  for. 

11.  Municipal  control  of  grants  to 

be  reserved. 

12.  Similar  terms  and  conditions 

to  apply  to  renewals. 

Unused  City  Property. 

13.  City  property  not  needed  may 

be  rented  or  di.sposed  of  at 
public  sale. 


Contracts  with  the  City. 

14.  Proposals  must  be  advertised 

for  where  the  work  or  pur- 
chase of  supplies  involves 
more  than  |500. 

Board  of  Awards. 

15.  Bids  to  be  opened  by  Board  of 

Awards  ; successful  bidder  to 
execute  contract ; bids  ; certi- 
fied check  to  accompany  bid  ; 
conditions. 

MAYOR. 

16.  Inhabitants  of  Baltimore  to 

elect  Mayor  every  four  years; 
election,  when  to  be  held  ; 
qualifications  of  Mayor. 

17.  Supplementary  registration  of 

voters  prior  to  every  munici- 
pal election. 

18.  Vacancy, — President  Second 

Branch  to  be  Mayor. 

19.  Vacancy  upon  absence  or  sick- 

ness of  Mayor,  the  same. 

20.  Term  of  Mayor. 

20a.  Checks,  by  whom  to  be  signed 
and  countersigned;  bonds  and 
contracts,  by  whom  to  be  exe- 
cuted on  behalf  of  cit}\ 

21.  Powers  of  Mayor  as  chief  exec- 

utive. 

22.  His  duties. 

23.  Approval  of  ordinances  ; veto 

of  ordinances  ; if  passed  by 
three-fourths  vote  after  recon- 
sideration by  both  branches  to 
become  law  without  Mayor’s 
signature  ; akso  if  not  returned 
by  Mayor  as  stated  ; rule 
where  ordinance  embraces 
different  items  of  appropria- 
tion. 

24.  Mayor  to  confer  with  heads  of 

departments. 

25.  Mayor  shall  have  sole  power  of 

appointment  except  as  other- 


6 


CITY  OF  BATTIMORF. 


wise  provided  herein;  subject 
to  confirmation  by  Second 
Branch  ; Power  of  removal ; 
restrictions  thereto  ; terms  of 
office  ; when  to  be  appointed 
and  to  enter  office  ; oath  of 
office  ; test  book  ; vacancies 
during  recess  ; how  filled. 

26.  Only  one  office  under  city  to 

be  held ; municipal  officials 
to  be  voters  of  the  city. 

27.  Tenure  of  office  of  heads  of  de- 

partments, etc. 

28.  Power  to  appoint  subordinates. 

29.  Privileges  of  heads  of  depart- 

ments, etc. 

30.  Minority  of  members  of  bodies 

forming  heads  of  departments 
to  be  of  political  party  casting 
next  highest  vote. 

EXECUTIVE  DEPARTMENT. 

31.  Executive  power,  wherein  vest- 

ed ; officials  to  give  bond ; 
Mayor  chief  executive  ; heads 
of  departments  may  pass  rules 
and  regulations;  to  hold  meet- 
ings ; records  to  be  kept  of 
their  proceedings ; 

List  of  Departments  : — 

/ Department  of  Finance. 

II  Department  of  Law. 

III  Department  of  Public 

Safety. 

IV  Departme^it  of  Public 

Improvements. 

V Department  of  Parks 

and  Squares. 

VI  Department  of  Educa- 

tion. 

VII  Departme^it  of  Chari- 

ties and  Corrections. 

VIII  Department  of  Review 

and  Assessment. 

IX  Municipal  Officers  not 
included  in  a7iy  De- 

partment. 


Department  of  Finance. 

32.  Of  what  officials  to  consist; 

its  head  ; powers  of  board  ; 
fiscal  year. 

33.  Comptroller;  qualifications; 

term  ; salary. 

34.  Subordinates  in  Comptroller’s 

sub-department ; to  be  ap- 
proved by  Mayor ; duties  of 
Comptroller  ; vacancy  in  office 
of  ; when  and  by  whom  re- 
movable. 

35.  City  Register  ; how  appointed; 

salary  ; removable  by  both 
branches;  seal  of  city;  Deputy 
Register  ; vacancies  ; proviso. 

Board  of  Estmiates. 
Ordinance  of  Estimates. 

36.  Board  of  Estimates  to  be  head 

of  third  sub-department  of 
P'inance ; Board  to  make  out 
lists  of  moneys  to  be  appro- 
priated ; departmental  esti- 
mates ; amounts  needed  for 
the  city  departments ; esti- 
mates for  new  improvements; 
amounts  to  be  annually  ap- 
propriated to  charities,  etc., 
fixed  by  ordinance  ; Board  of 
Estimates  to  draft  an  ordi- 
nance appropriating  monies 
to  meet  estimates  so  made;  to 
be  known  as  Annual  Ordi- 
nance of  Estimates  ; Council 
cannot  enlarge  any  item  there- 
in ; nor  appropriate  further 
monies  for  ensuing  fiscal  year; 
no  temporary  loan  shall  be 
authorized. 

36a.  Board  of  Estimates  may  in- 
crease or  decrease  salaries  of 
municipal  officials. 

Cj'atits  of  Franchises. 

37.  Franchise  to  be  embodied  in 

form  of  an  ordinance  ; what 
ordiiiance  shall  contain  ; du- 
ties of  Board  in  respect  to 


CHARTER. 


7 


franchises  ; powers  of  Board 
in  relation  thereto  ; same  pro- 
visions to  apply  to  renewals 
and  extensions  ; Board  may 
grant  certain  minor  privileges 
in  the  streets,  etc.,  in  its  dis- 
cretion as  provided ; require- 
ments of  Board  in  relation  to 
such  minor  privileges. 

38.  Contingent  Fund;  expenditures 

therefrom,  to  be  reported  ; 
power  of  City  Council. 

39.  Private  claims  against  city. 

Tax  Rate  and  Annual  Levy. 

40.  Report  showing  taxable  basis 

for  ensuing  year  to  be  sub- 
mitted to  City  Council ; what 
it  shall  contain  ; ordinance 
making  annual  levy  of  taxes. 
— when  payable  ; when  in  ar- 
rears, interest  payable. 

Commisioners  of  Fmance. 

41.  Members  of  Board;  President 

and  Clerk  ; powers  of  Com- 
missioners and  duties. 

City  Collector. 

42.  City  Collector  head  of  fifth  sub- 

department of  Finance;  sal- 
ary ; duties ; assistants  and 
clerks. 

43.  Notice  of  sale  of  property  to 

be  published  ; what  notice 
shall  contain ; statement  of 
indebtedness  to  be  served  on 
delinquent  tax-payer  and  no- 
tice of  distress  to  be  given  be- 
fore advertising  property  as 
above. 

44.  Purchaser  to  pay  taxes  and 

costs  of  distress  or  execution. 

45.  If  property  not  redeemed  after 

a year  and  a day,  deed  to  be 
executed. 

§45a.  Property  sold  by  one  City 
Collector  and  sale  reported 


and  deed  executed  by  his  suc- 
cessor. 

§45b.  Property  sold  and  sale  re- 
ported by  one  City  Collector 
and  deed  executed  by  his 
successor. 

46  Investment  of  surplus  in  pub- 
lic debt. 

47.  Owner  of  lot  may  redeem 

within  specified  time  on  pay- 
ment of  certain  sums. 

§47a.  Owner  of  reversionary  inter- 
est in  leasehold  property  sold 
for  taxes  may  in  certain  cases 
be  allowed  to  redeem  same. 

48.  Ratification  of  tax  sales  by  Cir- 

cuit Court  ; sale  may  be  set 
aside  and  resale  made ; appli- 
cation of  proceeds  of  re-sale  ; 
proviso. 

49.  Notice  of  sale  by  advertise- 

ment ; its  contents. 

50.  Sale  of  chattels  ; application  of 

proceeds. 

51.  Advertised  notice  to  be  given 

of  date  when  taxes  become 
due  ; bills  to  be  sent  by  mail 
to  taxpayers  ; notice  of  taxes 
in  arrear ; what  said  notice 
shall  contain  ; interest  and 
penalty  to  be  added  ; expense 
of  collecting  taxes. 

51a.  Enforcement  and  collection 
of  taxes  begun  by  City  Col- 
lector, may  be  completed  by 
his  successor ; duties  of  suc- 
ceeding Collector. 

Collector  of  State  Taxes. 

52.  Appointment;  compensation. 

53.  Bond. 

54.  Daily  deposits  of  State  Taxes  ; 

penalty  for  failure. 

55..  State  Treasurer  may  examine 
books  weekly. 

56.  When  Governor  may  appoint 
Collector. 


CITY  OF  BATTIMORF. 


57.  Commission  of  Collector  to  be 

levied. 

58.  City  Collector  to  collect  State 

Taxes. 

58a.  Certificate  of  the  City  Collec- 
tor, or  of  the  Collector  of 
State  Taxes  as  to  the  amount 
of  taxes  due  to  be  prima  fa- 
cie evidence  of  amount  of 
taxes  due. 

Collector  of  Water  Rents  and  Li- 
censes. 

59.  Appointment  ; duties  ; when 

license  shall  become  due ; 
proviso. 

Department  of  Law. 

60.  City  Solicitor. 

61.  His  appointment;  qualifica- 

tions ; salary. 

62.  City  Solicitor  the  legal  advisor 

of  the  Mayor  and  City  Coun- 
cil of  Baltimore;  appointment 
of  assistants  ; salaries  ; when 
Deputy  City  Solicitor  shall 
act  as  City  Solicitor ; duties 
of  Assistant  City  Solicitors  ; 
examination  of  titles. 

63.  City  Solicitor  to  give  written 

opinions  on  legal  instruments 
to  which  city  is  a party. 

64.  Offices  and  office-hours  of  Law 

Department. 

65.  Employment  of  clerk,  steno- 

grapher, etc.;  duties  of  clerk; 
to  keep  a file  of  legal  opinions 
and  abstracts  of  titles. 

66.  Authority  of  City  Solicitor  re- 

specting suits  on  behalf  of 
city. 

67.  Traveling  expenses  of  City 

Solicitor  and  assistants. 

Department  of  Public  Safety. 

68.  Head  of  Department  to  consist 

of  Board  of  Public  Safety  ; 
province  of  board. 


Board  of  Fire  Commissioners. 

69.  Appointment  of  Board ; presi- 

dent ; salaries  and  powers. 

70.  May  retire  disabled  members 

of  Fire  Department ; pensions 
for  widows  and  children. 

Commissioner  of  Health. 

71.  Appointment  ; his  duties  and 

powers  ; salary  ; may  appoint 
subordinates  and  fix  their 
compensation. 

72.  To  appoint  sanitary  inspectors. 

73.  To  appoint  inspectors  and  ana- 

lysts of  bakeries,  etc. 

74.  To  appoint  milk  inspectors. 

75.  Quarantine  Hospital  Physician; 

residence ; powers  of  Com- 
missioner of  Health  in  regard 
to  quarantine  regulations. 

76.  Salary  of  Quarantine  Hospital 

Physician . 

77.  Appointment  and  duties  of 

Vaccine  Physician ; to  keep 
record  and  report  vaccina- 
tions ; other  duties  ; salary. 

78.  Vaccine  Physicians  to  act  as 

ht  alth  wardens  of  their  wards. 

Inspector  of  Buildings. 

79.  Qualifications  and  appoint- 

ment ; duties ; salary. 

80.  Duties  in  relation  to  fire  exits. 

81.  Persons  not  complying  with 

law  to  be  penalized. 

82.  To  enforce  execution  of  build- 

ing laws. 

. Commissioner  of  Street  Cleaning. 

83.  Appointment;  duties;  salary; 

to  appoint  subordinates  and 
fix  their  compensation. 

Department  of  Public  Improve- 
ments. 

84.  Board  of  Public  Improvements 

to  be  its  head;  its  sphere  and 
powers;  duties  of  Board. 


CHARTER. 


9 


85.  Board  to  give  its  opinion  in 

writing  on  all  ordinances  for 
public  improvements  where 
cost  exceeds  |2,000. 

City  Engineer. 

86.  Appointment;  duties;  qualifi- 

cations required;  .salary  and 
powers. 

86a. Authority  given  to  City  En- 
gineer in  event  of  his  sickness 
or  absence  to  delegate  his 
powers  to  a subordinate. 

Protection  of  Improved  Paveme^its. 
86b.  Notice  to  be  given  when  im- 
proved pavements  are  to  be 
laid;  contents  of  notice;  pro- 
viso. 

86c.  Such  pavements  not  to  be 
disturbed;  permit  required. 
Water  Board. 

87.  To  have  charge  of  water  sup- 

ply; Water  Engineer;  ap- 
pointment of  subordinates  in 
this  sub-department;  duties  of 
Water  Board  and  Engineer. 
87a. Water  rates;  powers  of  Water 
Board. 

Harbor  Board. 

88.  To  have  charge  of  harbor, 

wharves,  etc.;  President  to  be 
known  as  Harbor  Engineer; 
latter  to  appoint  subordinates 
subject  to  approval  of  Board, 
etc.;  duties  of  Engineer  and 
Board. 

Inspector  of  Buildings. 

89.  Further  duties;  to  superintend 

construction  of  municipal 
buildings. 

Department  of  Public  Parks  and 
Squares. 

90.  Board  of  Park  Commissioners 

to  be  its  head;  appointment; 
president;  secretary;  his  sal- 
ary and  duties;  duties  of 
Board. 


91.  Jurisdiction  of  Board. 

92.  Powers  of  Board. 

93.  Regulating  the  speed  of  vehi- 

cles and  equestrians  in  parks; 
to  regulate  admission  of  pub- 
lic conve3'ances. 

94.  Board  conservators  of  peace 

in  parks  and  squares. 

95.  Board  of  Police  Commissioners 

to  detail  regular  police  on 
request  of  Board  of  Park 
Commissioners. 

96.  Zoological  collections  to  be 

formed  ; powers  in  relation 
thereto. 

97.  Full  power  to  employ  persons 

necessary  to  preserve  parks, 
etc.,  in  its  judgment;  park 
fund ; the  requirements  of 
section  36  of  this  Article  to 
apply  to  said  Board  ; proviso 
relating  to  Board  entering 
office  in  1900. 

98.  Night  watchmen. 

Department  of  Education. 

99.  Board  of  School  Commission- 

ers ; appointment ; its  presi- 
dent ; members  of  Board ; 
qualifications  ; teachers  ; ap- 
pointment and  removal  of 
subordinates  and  teachers ; 
their  salaries  ; schoolhouses  ; 
purchase  of  text  books,  sta- 
tionery and  furniture  for 
public  schools. 

100.  To  appoint  certain  school  offi- 
cers; Superintendent  of  Pub- 
lic Instruction  and  Assistant 
Superintendents;  School  Visi- 
tors ; duties;  Supervisor  of 
School  Buildings. 

Superintendent  and  Assistant  Su- 
perintendents of  Public 
Instruction. 

101.  Their  duties;  standing  com- 
mittees ; to  visit  schools ; 
candidates  for  teaching  to  be 


10 


CITY  OF  BALTIMORE. 


examined,  and  graded  lists 
prepared  ; nominations  ; ad- 
visory duties ; Board  to  in- 
struct. 

102.  School  Visitors  to  make  re- 
ports; meetings  of. 

Department  of  Charities  and  Cor- 
rections. 

103.  Organization  of  Department ; 
Supervisors  of  City  Charities 
and  Visitors  to  the  City  Jail 
to  compose  Department. 

Supervisor  of  City  Charities. 

104.  To  be  head  of  first  sub- 
department ; appointment  of 
Board  ; annual  report. 

105.  Appropriations  for  treatment, 
care  or  support  of  indigent 
poor  by  institutions,  etc.,  to 
be  by  contract,  per  capita ; 
president ; qualifications  of 
Supervisors ; their  duties  ; 
powers  in  relation  to  appoint- 
ment and  compensation  of 
subordinates. 

106.  No  appropriation  for  mainten- 
ance outside  of  Almshouse, 
except  as  provided  herein. 

107.  The  Supervisors  shall  have 
care  of  poor  of  city ; their 
powers  in  relation  to  desti- 
tute or  neglected  children  ; 
commitments  to  institutions ; 
foundlings. 

108.  Who  may  be  admitted  into 
Almshouse. 


114.  Duties  of  Superintendent. 

115.  Purveyor  of  Provisions;  ap- 
pointment and  duties. 

116.  Bond  of  Purvej-^o^  of  Pro- 
visions. 

117.  Offenders  excepted  from  fore- 
going provisions. 

Visitors  of  the  fail. 

118.  Appointment;  duties;  to  have 
charge  of  reformatory,  crimi- 
nal and  penal  institutions. 

119.  Meetings  of  Board. 

120.  Powers  of  Board. 

§120a.  To  examine  into  mental 
condition  of  convicts. 

121.  To  supervise  care  of  prisoners 
in  City  Jail 

122.  Convicts  to  labor, 

123.  Vagrants  to  work. 

124.  Other  prisoners  to  work, 
when. 

125.  Book  of  accounts  to  be  kept. 

Warden  of  Jail. 

126.  Appointment;  his  subordin- 
ates. 

127.  His  duties;  responsibility  for 
escape  of  prisoners. 

128.  His  bond. 

129.  Oath. 

130.  Assistants  to  warden;  duties; 
appointment ; compensation. 

131.  Commitments. 

132.  Conducting  prisoners  to  court. 

133.  To  account  for  jail  fees. 

134.  Annual  Statement  of  Visitors. 

135 . No  liquor  to  be  brought  within 
jail ; penalty. 

136.  Penalty  against  warden. 

137.  Visits  to  prisoners  only  on 
special  license. 

138.  Prison  fare. 


109.  Support,  treatment  and  em- 
ployment of  paupers. 

110.  Supervisors  may  procure  nec- 
essary machinery. 

111.  Meetings  of  Supervisors. 

112.  Correction  of  disorderly  pau- 
pers. 

113.  Superintendent  of  Almshouse; 
appointment  of  ; bond  of. 


CHARTER. 


11 


Convicts. 

139.  Reduction  of  sentence  for  good 
behavior. 

140.  Separate  confinement. 

Vagrants. 

141 . List  of,  committed  Justices 
of  the  Peace  ; costs. 

142.  Costs  chargeable  to  persons 
committed  for  want  of  secu- 
rit)'  to  keep  peace;  costs,  how 
accounted  for. 

143.  Transfers  to  Almshouse. 

144.  Prisoners  affected  by  disease 
or  becoming  insane. 

Department  of  Review  and  Assess- 
ment. ! 

145.  Composition  of  Department ; 
its  head  ; duties  and  powers. 

Appeal  Tax  Court. 

146.  Members  and  their  appoint- 
ment ; term  of  office;  salaries  ; 
clerk  and  employes. 

147.  To  hear  appeals,  make  trans- 
fers and  correct  assessments. 

148.  Assessors  to  discover  and 
assess  property  ; to  make  re- 
turn thereof. 

149.  Their  compensation. 

150.  Duties  of  Court  before  increas- 
ing assessments  or  adding 
new  property;  to  notify owner^ 
interrogatories ; procedure  in 
fixing  assessment ; proviso. 

151.  List  of  holders  of  city  loans. 

152.  Court  to  examine  and  correct 
list. 

153.  Payment  of  State  tax  on  such 

Loans,  i 

154.  Court  to  make  list  when  City  i 
Register  fails  ; City  Register  j 
then  to  pay  tax;  exemptions,  j 

155.  Compensation  of  Court  for  j 

this  work.  1 


§155a.  List  of  stockholders  to  be 
furnished  by  incorporated  in- 
stitutions ; what  list  shall 
show ; assessment  of  such 
stock  ; penalty  for  failure  to 
furnish  such  list;  list  of  stock 
held  by  non-residents ; col- 
lections of  assessments  on 
such  stock;  method  of  valua- 
tion ; penalty. 

156.  Inquiry  of  Court  when  allow- 
ances for  alienations  are 
asked  for. 

157.  Interrogatories ; powers  and 
procedure  of  Court  in  such 
cases. 

158.  Persons  removing  to  city  to 
give  account  of  personal 
property. 

159.  Penalty  for  neglect ; Court  to 
assess  on  its  own  inquiry 

160.  Duty  of  Court  in  cases  of 
removal  of  personal  property 
elsewhere. 

161.  Clerk  of  Court  to  record  accu- 
rate account  of  property 
assessed. 

162.  Return  of  assessments  of  prop- 
erty to  be  transmitted  to  State 
Comptroller. 

163.  State’s  Attorney  to  inform 
Grand  Jury  of  failure  to 
transmit  return. 

I64A.  Power  of  Court  to  make 
original  valuations  and  assess- 
ments and  to  revise  valua- 
tions and  assessments  of  per- 
sonal property  and  to  revise 
valuations  and  assessments 
of  real  property  ; to  discover 
and  assess  all  unassessed 
property. 

164b.  F'ailure  of  Clerk  to  perform 
his  duties ; penalty. 

165.  Clerks  of  courts  to  furnish 
lists  of  alienations  and  sales 
to  Appeal  Tax  Court. 


12 


CITY  OF  BAFTIMORF. 


166.  Alienee  to  be  assessed. 

167.  Court  to  alter  and  correct 
assessments. 

168.  Register  of  Wills  to  return 
summary  account  of  property 
held  by  executors,  etc. 

169.  Property  discovered  to  be 
assessed. 

170.  Appeals  in  City  Court  for  re- 
view of  assessments;  peti- 
tions; summons;  when  appeals 
shall  be  taken;  hearing, when; 
Appeal  Tax  Court  to  transmit 
record  •*  practice  in  such  ap- 
peals ; jury  trial  or  trial  by 
court;  record  to  be  amended; 
assessment  to  be  increased  or 
reduced;  certificate  of  record 
to  be  conclusive  unless  appeal 
is  taken  to  Court  of  Appeals; 
no  stay  of  levy;  allowance  to 
petitioner  if  assessment  de- 
termined excessive ; when 
assessment  is  increased  by 
City  Court,  practice  ; appeal 
to  Court  of  Appeals. 

§170a.  Mayor  and  City  Council  of 
Baltimore  may  appeal  from 
decisions  of  State  Tax  Com- 
missioner. 

171.  Basis  on  which  taxes  shall  be 
assessed  and  levied;  provisos; 
Appeal  Tax  Court  to  deliver 
statement  of  taxable  property 
to  City  Collector  and  Board 
of  Estimates;  tax  roll;  duties 
of  Appeal  Tax  Court. 

Commissioners  jor  Opening 
Streets. 

172.  , Second  sub-department  of 
Review  and  Assessment;  ap- 
pointment; tenure;  salaries; 
duties;  clerk  to  Board;  salary; 
appointment  of  employes. 

173.  Clerk  to  keep  record  of  pro- 
ceedings. 


174.  City  Register  or  City  Collector 
to  receive  assignments  from 
parties  allowed  damages. 

175.  How  commissioners  shall  pro- 
ceed ; notice  ; damages  to  be 
assessed  ; benefits  to  be  as- 
sessed. 

176.  Where  part  only  of  a lot  shall 
be  taken  ; manner  of  valua- 
tion; notice  of  sale;  purchase 
money,  when  to  be  paid;  bond 
of  purchaser  ; failure  of  pur- 
chaser to  comply;  when  part 
of  lot  only  is  to  be  condemned; 
private  sale  of  sheds,  etc. 

177.  Statements  to  be  made  and 
published  of  damages  and 
benefits  assessed  by  Commis- 
sioners; notice  of  meeting  for 
revision;  to  hear  parties  inter- 
ested and  make  corrections; 
proceedings  to  be  deposited 
with  City  Register;  City  Reg- 
ister to  advertise  deposit  of 
proceedings  and  right  of  ap- 
peal. 

178.  Notice  to  be  served  on  parties 
assessed. 

179.  Appeal  to  Baltimore  City 
Court ; when  to  be  heard  ; 
proceedings  to  be  delivered 
to  said  court  ; procedure 
therein  ; jury  trial  ; duties  of 
court ; record  of  trial  of  ap- 
peals ; appeal  to  Court  of 
Appeals ; costs  ; powers  of 
court. 

180.  When  ordinance  shall  be  set 
aside  by  court,  or  repealed. 

181.  Proceedings  where  an  appeal 
shall  be  taken,  or  after  ap- 
peals are  decided. 

182.  Sale  of  assessed  property, 
when  sums  assessed  are  not 
paid. 

183.  How  sales  shall  be  made. 

184.  Deed  to  purchaser. 


CHARTER. 


13 


185.  Assessments  to  be  liens  until 
paid. 

186.  Payment  by  third  parties  of 
benefits. 

187.  Commissioners  in  special 
cases. 

188.  Fee  and  leasehold  to  be  dis- 
tinguished. 

189.  Obstructions  to  be  removed ; 
suit  for  expenses. 

190.  Per  diem  to  commissioners  to 
be  assessed. 

191.  City  Register  to  pay  expenses. 

192.  Books  and  papers  to  be  de- 
posited with  City  Register. 

193.  Deeds  of  gifts  to  city  from 
owners  of  beds  of  streets  and 
alleys  ; proviso. 

194.  Such  streets  and  alleys  to  be 
public  highways. 

195.  Petitioners  to  state  location 
and  number  of  front  feet  of 
their  property. 

Municipal  Officers  Not  Included 
In  Any  Department. 

City  Librarian. 

196.  His  appointment ; duties ; to 
arrange,  classify,  index  and 
preserve  municipal  books, 
documents,  etc.,  etc.;  salary 
and  bond. 

197.  Stationery  and  printed  matter 
required  by  departments  ; 
contracts  for  stationery;  such 
contracts  to  cover  additional 
supplies ; City  librarian  to 
furnish  stationery  to  the  de- 
partments; to  keep  an  account 
of  supplies  furnished;  report 
to  City  Council. 

198.  First  and  second  Assistant 
Librarian;  duties;  bond;  sala- 
ries. 

199.  Record  to  be  kept  of  requisi- 
tions filled;  bids  and  contracts. 


200.  When  library  shall  be  kept 
open. 

Art  Commission. 

201.  Appointment  of  Commission. 

202.  To  approve  sites,  designs, 
etc.,  of  public  improvements. 

203.  To  give  advice  on  designs  for 
public  structures  ; vacancies 
in  Commission. 

Superhitendent  of  Lamps  and 
Lighting. 

204.  Appointment;  duties;  to  have 
appointment  of  subordinates; 
compensation  of  Superinten- 
dent; salaries  of  subordinates. 

Sii^  veyor. 

205.  When  to  be  elected ; duties 
and  compensation. 

Constables. 

206.  To  be  appointed  bi-ennially; 
duties  and  compensation. 

Superintendent  of  Public 
Buildings . 

207.  Appointment;  duties;  salary; 
assistants  and  employes. 

Public  Printer. 

208.  City  Council  to  elect ; duties; 
bond. 

Department  of  Legislative 
Refere7ice. 

208a.  Composition  of  ; competent 
statistician  to  be  employed. 

208b.  Duty  of  such  executive  offi- 
cer ; to  advise  in  preparation 
of  bills  and  ordinances ; to 
keep  records  accessible  to 
general  public. 

208c.  Salary  of  executive  officer 
and  expenses  of  department. 

Legislative  Department. 

City  Council. 

209.  Branches  of  City  Council. 


14 


CITY  OF  BALTIMORE. 


210.  First  Branch;  qualifications  of 
members ; salaries. 

211.  Second  Branch;  qualifications 
members ; term  of  office  ; 
salaries. 

212.  Election  for  members  of  First 
Branch;  when  held. 

213.  Election  for  member  of  Sec- 
ond Branch;  term  of  office. 

214.  Election  of  President  of  Sec- 
ond Branch;  salary;  how  and 
on  what  grounds  President 
may  be  removed. 

215.  Election  of  members  of  City 
Council,  qualifications  of; 
vacancies  in  City  Council. 

216.  Meetings  of  City  Council ; 
duration  of  sessions;  when 
Mayor  may  convene  City 
Council. 

217.  Absent  members  ; compelling 
attendance  ; President  of  first 
branch  ; when  to  act  as 
Mayor;  each  branch  to  judge 
of  qualifications  of  its  mem- 
bers ; expulsion  of  members  ; 
rules  ; journals. 

218.  Powers  of  Mayor  and  City 
Council  to  pass  ordinances. 

219.  Printed  volumes  of  Ordinan- 
ces and  Resolutions  as  evi- 
dence. 

220.  Ordaining  phrase. 

221.  Ordinances  and  Resolutions; 
vote  necessary  to  pass  ; to 
embrace  but  one  subject; 
when  to  become  effective ; 
third  reading. 

222.  Election  of  president  of 
Second  Branch  in  case  of 
vacancy. 

MISCELLANEOUS  LOCAL 
LAWS. 

Arbitration, — Court  of. 

223.  Board  of  Trade  to  organize 
court  of,  to  decide  contro- 


versies between  its  members  ; 
controversies  to  be  submitted 
in  writing. 

224.  To  elect  a judge  to  carry  out 
powers  of  the  court ; clerk  of 
court  ; to  define  powers,  etc., 
of  said  judge  and  clerk  ; lay 
arbitrators;  to  prescribe  pro- 
cedure of  hearings  of  ; to 
regulate  costs  and  fees. 

225.  Judgment,  how  enforced  ; to 
be  entered  up  by  Clerk  of 
Superior  Court  or  Court  of 
Common  Pleas  ; verdict  and 
execution  thereon  ; wdiere 
judgment  is  for  recovery  of 
property  ; writ  of  possession 
may  issue. 

Arbitration  Committee  of  the 
Corn  and  Flour  Exchange. 

226.  Election  of  Committee  ; to 
hear  controversies  submitted 
in  writing. 

227.  Procedure  and  practice  be- 
fore said  Committee  ; award 
to  be  in  writing. 

228.  Award  by  agreement  in  writ- 
ing may  be  final  and  may  be 
enforced  by  writ  of  execution  ; 
no  jurisdiction  in  matters  af- 
fecting title  to  real  estate ; 
stay  of  judgment;  striking 
out  judgments  ; appeals. 

Assault  and  Battery. 

229.  Between  6 P.  M.  and  6 A.  M. 
penalty. 

230.  Pleadings,  necessary  aver- 
ments. 

231.  Presentments  or  indictment, 
necessary  allegations. 

Auctions. 

235.  Duties  on  sales,  how  calcu- 
lated and  paid. 

236.  No  duties  on  private  sales. 

237.  Duty  lien  on  real  estate. 


MISCEI,I<ANEOUS  EOCAE  LAWS. 


15 


238.  Purchaser  to  pay  duty. 

239.  Sales  to  highest  bidder. 

240.  Governor  to  appoint  auction- 
eers. 

241.  Sales  under  ^150,000;  recog- 
nizance ; license. 

242.  License  to  exercise  rights  of 
general  auctioneer  ; to  make 
quarterly  returns  to  Comp- 
troller. 

243.  Sales  over  $150,000;  recog- 
nizance ; license. 

244.  Auctioneer  of  books,  maps, 
prints. 

245.  x^uctioneer  of  vending  horses, 
carriages,  etc. 

246.  License  nunc  pro  tunc. 

247.  Death  of  licensee. 

248.  Recognizances,  how  taken. 

249.  When  State  Treasurer  to  issue 
license. 

250.  Penalty  for  selling  without 
appointment. 

251.  Penalty  for  selling  without 
recognizance  and  license. 

252.  Penalty  for  sales  without  au- 
thority. 

253.  Failure  to  take  out  license, 
penalty. 

254.  Annual  renewal  of  recogniz- 
ances. 

255.  New  security  upon  removal 
from  State  or  insolvency  of 
surety. 

256.  Forfeiture  of  appointment  if 
auctioneer  accepts  an  appoint- 
ment from  another  State. 

257.  Partners  to  be  named  in  writ- 
ing ; Penalty  for  failure  to 
name  partners  and  to  desig- 
nate places  of  business. 

258.  Mayor  to  designate  places  for 

sale  of  horses  and  carriages. 

259.  .Auctioneer  to  keep  registry  of 


sale  of  horses  sold  ; to  deposit 
such  registry. 

260.  Commissions  on  sales  of  books,, 
etc. 

261.  Commission  on  sales  up  to- 
$150,000. 

262.  Commission  on  sales  in  excess 
of  $150,000. 

263.  Penalty  for  excessive  charges. 

264.  Who  may  sell  under  auction- 
eers license. 

265.  Penalty  for  violation  of  pro- 
visions of  this  sub-division. 

266.  Quarterly  returns  to  Comp- 
troller ; information  to  be 
furnished. 

267.  Returns  to  be  sworn  to  and 
certified  ; who  may  sign  cer- 
tificate. 

268.  Penalty  for  failure  to  make- 
returns, 

269.  Affidavit  where  no  sales  have 
been  made. 

270.  Disqualification  by  failure  to. 
settle  for  duties. 

271.  Penalty  for  malfeasance  in 
office  of  auctioneer ; liability 
on  bond. 

272.  Treasurer  may  prosecute. 

273.  False  swearing  in  regard  to 
matters  required  to  be  veri- 
fied by  oath,  to  be  perjury. 

274.  $20,000  of  duties  paid  to  city 
to  be  applied  to  deepening 
channel  and  harbor. 

275.  Disbursement  of  said  fund. 

276.  What  shall  be  paid  to  State 
Treasurer, 

277.  When  sections  274  to  276 
shall  have  no  effect. 

278.  Sales  of  leather,  iron,  tobacco. 

Bail. 

§278a.  Court  to  fix  amount  of  bail 
taken  by  clerk. 


16 


CITY  OF  BATTIMORF. 


§278b.  Recognizor  to  give  particu- 
lars of  property  before  bail  is 
accepted, 

§278c.  Duty  of  clerk. 

§278d.  Formula  to  be  followed  in 
taking  recognizances. 

§276e.  Recognizances  to  be  lien 
on  property. 

§278f.  Names  of  recognizors  to  be 
recorded. 

§278g.  Who  may  be  accepted  as 
recognizor. 

§278h.  Offenses  not  bailable ; 
felonies  and  misdemeanors 
bailable. 

§278i.  Oath  to  be  taken  to  deter- 
mine security. 

§278j.  Recognizances  to  become 
records  of  the  Criminal  Court 
if  offence  is  to  be  tried  therein . 

§278k.  Bail  to  be  forfeited  for  non- 
appearance. 

Bills  of  Exchange  and  Promissory 
Notes. 

§279a.  When  presentable. 

§279b.  Hours  for  closing  banks  on 
Saturday  ; when  bills,  checks, 
drafts  and  notes  falling  due 
on  any  half-holiday  Saturday 
are  payable  or  presentable 
for  acceptance  or  payment ; 
when  notice  of  protest,  etc. 
may  be  given  ; rule  as  to  col- 
lection of  negotiable  paper. 

§279c.  Interest  to  be  computed  to 
next  secular  day. 

Buildings. 

280.  Aisles  of  churches,  halls  and 
places  of  amusement  not  to  be 
obstructed ; regulation  of 
exits  ; penalty  ; Grand  Juries 
to  investigate  and  police  to 
enforce  observance  of  regu- 
lations; lightingof  sweatshops 
regulated;  penalty;  fire  es- 
capes to  be  provided;  penalty. 


§280a.  Taxes  to  be  paid  on  land  be- 
fore Appeal  Tax  Court  shall 
issue  building  permit. 

Carriages  and  Horses. 

Hackney  Carriages. 

281.  Fares  for  hackney  carriages  to 
be  fixed  by  Board  of  Police 
Commissioners  ; proviso. 

282.  Number  of  carriage  to  be  dis- 
played conspicuously ; penalty 
for  violating  sections  281  and 
282. 

283.  Driver  to  inform  passengers 
of  correct  number  and  rates 
of  fare;  penalty. 

284.  Penalty  for  extortion. 

285.  Special  licenses  for  hackne}" 
carriages  not  using  public 
stands. 

286.  Said  licenses  not  to  go  upon 
public  stands  ; penalty. 

287.  Statement  to  be  furnished  by 
applicants  for  special  licenses. 

288.  Recovery  of  penalties  incur- 
red under  section  283;  appeals 
to  Baltimore  City  Court; 

289.  Jury  trial  upon  such  appeals  ; 
bond  to  stay  execution. 

290.  Appropriation  of  penalties  re- 
covered. 

Horses,  etc. , Livery  Stable  Charges. 

291.  Livery  stable  keeper  to  hold 
horse,  etc,,  until  charges  are 
paid. 

292.  May  sell  same  at  public  auc- 
tion for  such  charges. 

293.  Keeper  to  prove  his  account; 
Justice  of  the  Peace  to  issue 
warrant;  proviso. 

Coroners,  Inquests  and  Dead 
Bodies. 

294.  Appointment  of  Coroners ; 
tenure  of  office  ; salary  ; oath ; 
bond. 


MISCEIyl^ANEOUS  EOCAE  EAWS. 


17 


295.  Appointment  of  Coroner  at 
Large. 

296.  To  hold  inquests  ; certificate 
to  City  Register  for  burial  ex- 
penses ; proviso. 

297.  Report  of  inquests  ; property 
or  money  of  deceased. 

298.  Distribution  of  dead  bodies  ; 
when  body  is  claimed  ; 
penalty  for  non-compliance 
with  provisions. 

.299.  Bond  of  physician  that  body 
will  be  used  only  for  medical 
purposes. 

COURTS. 

Superior  Court,  Court  of  Common 
Pleas,  and  Baltimore 
City  Court. 

300.  New  trials  ; motions  in  arrest 
of  judgment. 

301.  “Paper  book’’  of  evidence 
not  required. 

302.  Terms  of  Court. 

303.  Return  days. 

304.  Writs,  when  returnable. 

305.  Renewal  of  writ ; writ  renew- 
able until  executed. 

306.  Proceedings. 

307.  Entry  of  appearance  after 
summons. 

308.  Pleas,  when  to  be  filed ; 
judgment  by  default,  when 

‘ entered. 

309.  Declaration  to  be  filed  or 
judgment  of  non-pros  will  be 
entered  ; plea  to  declaration. 

310.  Trial  or  judgment  after  defen- 
dant returned  summoned ; 
proviso. 

311 . Postponement  for  thirty  days  ; 
when  granted. 

Speedy  Judgment  Act. 

312.  Entry  of  judgment  in  suits  on 
contracts ; pleas  to  be  sworn 


to ; certificate  of  counsel  ; 
defendant  must  make  certain 
averments ; where  part  of 
claim  is  admitted,  judgment 
j therefor  shall  be  entered  ; 

practice  where  judgment  is 
below  court’s  jurisdiction  ; 
proviso. 

313.  Affidavit  to  plaintiff’s  claim  ; 
by  whom  made  ; bond,  bill  or 
account  to  be  filed  ; particu- 
lars of  affidavit. 

314.  Damages,  how  assessed;  judg- 
ment to  be  entered  up. 

315.  Counsel  fee  to  plaintiff  when 
he  recovers  any  of  disputed 
portion. 

315a.  Time  for  filing  pleas  exten- 
ded. 

316.  Bills  of  exception  ; when  to  be 
signed. 

317.  Revisory  power  of  court ; 
when  power  may  be  exercis- 
ed and  its  effect. 

318.  Thirty  day  rule. 

319.  Appeals  from  Justices  of  the 
Peace. 

320.  Mayor  and  City  Council  to 
have  right  of  appeal  in  con- 
demnation cases  ; procedure 
in  appeal  cases. 

321.  Supreme  Bench  to  designate 
two  judges  to  sit  in  registra- 
tion and  naturalization  cases. 

321a.  Rules  and  charges  govern- 
ing in  naturalization  cases. 

322.  Transmission  of  records  of 
proceedings  to  some  other 
common  law  court  ; duty  of 
judge  in  such  cases. 

I Circuit  Court  of  Baltimore  City. 

323.  Jury  in  Circuit  Court  cases. 

324.  Opinions  not  required  to  be 
filed. 


18 


CITY  OF  BATTIMORF. 


Circuit  Court  Number  Two  of 
Baltimore  City. 

325.  Powers  of  ; proviso. 

326.  Additional  judge. 

327.  Additional  clerk. 

327a.  In  suits  instituted  in  Circuit 
Courts  of  Baltimore,  copies  of 
pleadings  to  be  served  on  op- 
posing parties ; no  default 
until  copy  is  served  ; excep- 
tions to  rule. 

Criminal  Court  of  Baltimore. 

328.  Terms  of. 

329.  Trial  of  cases. 

330.  Jurisdiction. 

331.  Sentence  for  petty  larceny. 

332.  Committments,  when  to  be 
returned. 

333.  Return  of  capias ; endorse- 
ments thereon  and  reissues. 

334.  Fees  for  capias. 

335.  Subpoenas^  when  returnable 
by  Sheriff. 

336.  Allowance  for  service  of  sub- 
poenas. 

337.  Renewal  of  subpoenas  by  in- 
dorsement. 

338.  Penalty  for  failure  to  make 
returns  of  subpoenas. 

339.  Witnesses  before  Grand  Jury, 
how  sworn. 

340.  Costs  upon  acquittal. 

341.  Recovery  of  costs  upon  ac- 
quittal. 

342.  Appearance  fee. 

343.  Name  of  prosecutor  to  be  in- 
dorsed on  presentment. 

344.  Surrender  of  principal  by  se- 
curity in  recognizance. 

345.  Binding  out  children. 

346.  Fine  for  absent  witness. 

347.  Forfeiture  of  bail. 


348.  Enforcement  of  forfeiture. 

349.  Fee  in  removed  cases,  to 
State’s  Attorney. 

350.  Assistant  counsel  for  State. 

351.  Pa}^  of  such  assistant. 

Orphans’  Court. 

352.  Per  diem  of  Judges. 

353.  Per  diem  of  bailiffs. 

Register  of  Wills. 

354.  Bond  of. 

355.  Approval  of  bond. 

356.  Failure  to  give  bond  to  be 
deemed  disqualification  for 
office. 

Clerks  of  the  Law  Courts  of  Balti- 
more City. 

357.  Clerks’  bonds. 

358.  Bond  to  be  recorded. 

359.  Renewal  of  bond. 

360.  Effect  of  failure  to  give  bond. 

361.  Who  may  not  be  sureties  on 
bond. 

362.  Clerks  to  prepare  indexes  of 
judgments. 

363.  Duties  in  regard  to  licenses. 

364.  To  make  copies  of  worn  or 
mutilated  land  records. 

§364a.  To  make  new  indexes  of 
land  records  and  convey- 
ances. 

§364b.  To  prepare  land  indexes 
1851-1888. 

365.  Copies  of  land  records  as  evi- 
dence. 

366.  Original  records  to  be  pre- 
served. 

Clerk  of  the  Criminal  Court  of 
Baltimore. 

367.  Bond  of  clerk. 

368.  Renewal  of  bond. 


MISCEI,I,ANEOUS  I^OCAI.  I.AWS. 


19 


Clerk  of  the  Circuit  Court  of  Balti- 
more City  and  of  the  Circuit 
Court  Number  Two  of 
Baltimore  City. 

369.  Bond  of  clerk. 

Salaries  of  Clerks  of  Courts. 

370.  Clerks’  salaries  payable  out 
of  fees ; provision  when  sala- 
ries exceed  fees. 

371.  Salary  of  trust  clerk  of  the 
Circuit  Courts. 

Criers,  Bailiffs,  Watchmen  and 
Stenographers . 

372.  Criers  and  bailiffs,  how  paid. 

373.  Salaries  of  criers. 

374.  Salaries  of  bailiffs. 

375.  Night  watchmen  of  Circuit 
Courts. 

376.  Pay  of  watchmen. 

377.  Night  watchman  of  Court  of 
Common  Pleas. 

378.  His  salary. 

379.  Court  stenographers;  salaries, 

380.  Qualifications;  term  of  office; 
duties;  if  stenographer’s  notes 
necessary,  Judge  may  tax 
same  in  bill  of  costs. 

381.  Stenographer  for  Orphan’s 
Court;  when  notes  of  pro- 
ceedings in  Orphan’s  Court 
shall  betaken;  stenographer’s 
duties;  compensation. 

382.  Stenographers  may  appoint 
assistants;  proviso. 

Sheriff. 

383.  Per  diem  of  sheriff. 

384.  Officers’  fees,  collection  of  by 
execution. 

385.  What  fees  sheriff  may  collect. 

386.  Distraint  or  execution  for  fees; 
proviso. 


Witnesses,  Docket  Entries, 
Records. 

387.  Allowance  of  compensation  to 
witnesses. 

388.  Docket  entries  and  papers  as 
evidence;  production  of  same 
to  be  had  at  trial. 

Costs. 

389.  Cost  in  cases  of  tort;  proviso. 

DEAF,  DUMB  AND  BLIND. 

395.  City  to  certify  to  Governor  of 
fitness  of  applicant  to  receive 
instruction. 

396.  Duty  of  Governor  upon  re- 
ceiving certificate  ; regula- 
tions in  regard  to  applications 
and  expense  of  instruction. 

397.  Appropriation  for  instruction; 
recommendation . 

398.  Requisites  of  recommenda- 
tion. 

399.  Per  capita  cost  and  term  of 
instruction. 

400.  Governor’s  report  of  disburse- 
ments hereunder. 

DESTROYING  PROPERTY 
MALICIOUSLY. 

401.  Penalty  for  malicious  destruc- 
tion of  garments,  etc. 

EXAMINING  ENGINEERS. 

426.  Board  of  Examining  Engi- 
neers to  be  appointed  bien- 
nially by  Governor  ; oath  ; 
bond;  location  of  office  of 
Board  ; to  advertise  notice  of 
examinations. 

427.  Their  duty  to  examine  and 
give  or  refuse  certificates ; 
cost  of  certificates  ; term  of 
certificate ; proviso  limiting 
certificate  to  one  machinery 
plant;  substitutes. 

428.  Engineers  must  secure  certifi- 
cates ; certain  engineers  ex- 


20 


CITY  OF  BATTIMORF. 


cepted  ; Board  to  hear  charges 
against  engineers;  certificates 
to  be  framed  and  displayed 
by  holder  ; penalty, 

429.  When  Board  shall  meet ; to 
inspect  steam  plants  ; author- 
ity to  enter  and  inspect  plants; 
penalty  for  hindering  Board. 

430.  Salaries  of  members  of  Board; 
its  clerk ; salary  of  clerk  ; 
Board  to  keep  accounts. 

FERRIES. 

431.  Broadway  and  Locust  Point 
Ferry;  powers  of  company 
operating  same. 

432.  Haubert  street  wharf  to  be 
used  exclusively. 

433.  Other  boats  not  to  use  said 
wharf  at  foot  of  Broadway ; 
penalty  for  unauthorized  use. 

434.  Said  compaii}’-  to  erect  gates 
and  ticket  houses. 

435.  Two  ferry  boats  to  be  run  ; 
schedule  of  same. 

436.  Tariff  of  ferry  charges. 

437.  Who  shall  pass  free. 

FINES  AND  FORFEITURES. 

438.  To  whom  to  be  paid. 

439.  Houses  of  ill-fame ; fines 
from. 

440.  Dispensaries  to  receive  such 
fines  upon  filing  with  sheriff 
a report  of  patients  treated. 

441.  Unclaimed  fines  payable  to 
city. 

442.  Bond  of  sheriff  liable  for  his 
default  in  duties  herein. 

443.  No  security  for  fines ; im- 
prisonment for  non-payment 
of  fines  ; terms  of  imprison- 
ment when  fines  not  paid. 

444.  Definition  of  a criminal  offense 
within  the  meaning  of  a 


statute  or  ordinance ; how 
prosecuted ; sentence  upon 
conviction ; form  of  indict- 
ment. 

FIRE. 

Fire  Department. 

445.  City  to  appropriate  money 
for  pension  of  superannuated 
firemen,  and  for  relief  of 
widows  and  children  of  fire- 
men, 

446.  Wilful  injury  to  apparatus  to 
be  felony;  penalty, 

447.  Assaulting  firemen  in  dis- 
charge of  duty ; penalty. 

Fire  Gongs  in  Hotels. 

§447a.  Must  be  installed  and  rung 
in  case  of  danger  of  fire. 

§447b.  Size  to  be  designated  by 
Inspector  of  Buildings  ; how 
to  be  located  and  sounded. 

§447c.  Who  must  install  gongs ; 
penalty. 

§447d.  Buildings  exempted. 

448.  Appropriations  for  Veteran 
Volunteer  Firemen’s  Asso-^ 
ciation. 

Illuminating  Oils  and  Fluids. 

449.  Oil,  fire  test. 

450.  Stamp  on  barrel  of  fire  test. 

451.  Penalty  for  unlawful  manu- 
facture or  sale  of  oil  as  afore- 
said. 

452.  What  buyer  may  recover  from 
seller  when  inferior  oil  sold. 

453.  Seller’s  liability  for  accident 
by  explosion  of  inferior  oil ; 
penalty. 

454.  Seizure  and  confiscation  un- 
der section  451. 

455.  Penalty  for  false  report  of  fire 
test  by  inspector. 

456.  Foregoing  provisions  not  to 


MISCEI^I<ANEOUS  EOCAE  EAWS. 


21 


apply  to  oil  for  street  lamps 
or  for  export. 

FISH. 

457.  Prohibiting  sale  of  bass  or 
perch  under  size ; penalty. 

GAS  COMPANIES. 

458.  Where  not  to  be  formed. 

459.  Lajdng  of  mains  by  certain 
companies  restricted. 

460.  Certain  charters  for  gas  com- 
panies annulled. 

461.  Price  of  gas. 

462.  Illuminating  power  of  gas  ; to 
comply  with  future  require- 
ments of  law  as  to  purity. 

HARBOR,  DOCKS  AND 
WHARVES. 

463.  Limit  of  wharves ; Harbor 
Board  to  approve  plans  of  ex- 
tensions of  wharves. 

464.  Penalty  for  extension  without 
such  approval. 

465.  Charges  upon  foreign  vessels. 

466.  Harbor  Master  may  sue  for 
such  charges. 

Docks. 

467.  City’s  title  to  land  made  in 
improving  docks ; proviso. 

468.  Obstructing  vessels  at  docks  ; 
who  may  remove  obstructing 
vessel ; penalty  for  interfer- 
ing with  vessels  removing. 

469.  Entering  docks  when  no  place 
vacant ; penalty  ; docks  not 
to  be  obstructed  ; penalty. 

470.  Penalties  for  obstructing 
docks  when  not  loading  or 
unloading. 

471.  Manner  of  recovering  penal- 
ties. 

Wharfinger  and  Wharves. 

472.  Landing  wood  on  Pratt  street 
Wharf. 


473.  Penalty. 

474.  Collection  of  penalties. 

475.  Fines  imposed  hereunder  to 
be  paid  to  State  Treasurer. 

476.  City  to  regulate  time  during 
which  goods  may  remain  on, 
or  vessels  may  remain  at  pub- 
lic wharves,  and  make  wharf- 
age charges. 

47 7 . Maximum  wharf  charges  upon 
cord  wood;  penalty  for  charg- 
ing higher  rate. 

478.  Landing  wood  on  State 
wharves. 

479.  Wharfage  on  wood  so  landed. 

Harbor  Board. 

480.  To  control  ice  boat  subject  to 
order  of  Governor. 

481.  Board  to  appoint  ofi&cers  and 
crew  of  ice  boat. 

482.  Service  in  which  ice  boat  is  to 
be  used. 

483.  Further  services  of  ice  boat. 

484.  City  to  bear  expenses  of  ice 
boat. 

485.  Board  to  make  annual  report 

HEALTH. 

Nuisances. 

486.  Paving  streets  in  a state  of 
nuisance ; cost  of  such  pav- 
ing ; how  collected. 

487.  Defenses  of  owner  of  property 
fronting  on  such  street  against 
collection  of  cost. 

488.  Expenses  of  paving  and  cost 
of  collecting  same  to  be  a lien 
on  property  chargeable  there- 
with. 

489.  Procedure  where  such  prop- 
erty is  owned  by  a non-resi- 
dent. 

490.  Recovery  by  non-resident  of 
amount  so  collected. 


22 


CITY  OF  BATTIMORF. 


491.  Abatement  of  nuisances  on 
vacant  lots. 

492.  Altering  unhealthy  grades. 

Chemical  Laboratories. 

493.  Not  to  be  built  without  con- 
sent of  city. 

Children’s  Playgrounds. 

§493a.  Cit}^  may  contract  for  estab- 
lishment of  same. 

Hospital  for  Infectious  Diseases. 

§493b.  Regulating  location  of  a 
hospital  for  infectious  or  con- 
tagious diseases  by  ordi- 
nance. 

§493c.  Character  of  diseases  to  be 
treated  to  be  specified  in  such 
ordinance. 

§493d.  No  temporary  building  or 
hospitals  for  treatment  of  such 
diseases  to  be  erected  unless 
authorized  by  ordinance ; 
proviso. 

§493e.  Appropriation  for  Hospital 
for  Consumptives. 

Infants  in  Improper  Homes 
or  Care. 

§493f.  License  to  be  obtained  by 
those  caring  for  infants  and 
children  in  homes. 

§493g.  Requirements  for  applica- 
tion for  such  license;  record  to 
be  kept  of  each  infant  received 
into  such  homes. 

§493h.  Board  of  Health  to  inspect 
homes  and  examine  appli- 
cants for  licenses. 

§493i.  Penalty  for  failure  to  pro- 
cure license. 

§493j.  Not  to  apply  to  persons  or 
homes  recommended  by  Sup- 
ervisors of  Cit}^  Charities. 


Seats  for  Female  Employees  in 
Stores  and  Factories. 

505.  Suitable  seats  to  be  provided; 
jury  to  determine  question  of 
compliance  with  this  section. 

506.  Penalty  for  violating  preced- 
ing section. 

Tenement  and  Lodging  Houses. 

507.  To  provide  by  ordinance  for 
their  construction  and  use ; 
to  provide  for  construction  of 
cellars. 

508.  Definition  of  term  “tenement 
house”;  “lodging  house”; 
“cellar.” 

State  Board  of  Commissioners  of 
Practical  Plumbing. 

509.  Registered  plumbers  only  to 
be  employed  ; Penalty  for  em- 
ploying unregistered  plumb- 
ers. 

510.  To  work  at  plumbing  without 
registry  to  be  misdemeanor ; 
penalty. 

511.  Appointment  of  Board;  pro- 
cedure of  Board ; to  grant  cer- 
tificates. 

512.  Examination  and  fee  for  cer- 
tificate ; fee  for  renewal  of 
certificate. 

513.  Application  of  such  fees. 

514.  Term  of  office  of  Commission- 
ers ; oath  ; compensation  ; 
fees  to  pay  compensation. 

515.  Board  to  make  rules  and  reg- 
ulations ; to  report  to  Gover- 
nor biennially. 

HORSESHOEING. 

§515a.  Where  registry  is  necessary. 

Board  of  Examiners  of  Horseshoeing 

§515b.  Governor  to  appoint  Board; 
terms  of  office  of  members. 


MISCEI<I.ANEOUS  EOCAE  EAW.S. 


23 


§515c.  To  meet  and  organize;  make 
by-laws  and  rules  ; to  pre- 
scribe qualifications  and  re- 
quirements of  applicants  for 
certificates  ; to  grant  certifi- 
cates ; fee  for  certificate ; 
proceedings  of  Board  to  be 
open  to  public. 

§515d.  Persons  excepted  and  en- 
titled to  certificate  without 
examination. 

§515e.  Requirements  for  certifi- 
cates. 

§515f.  Violations  of  provisions  a 
misdemeanor  ; penalty  ; ap- 
plication of  fines. 

HOURS  OF  LABOR. 

516.  Eight  hours  a day’s  labor  for 
laborers  and  mechanics. 

HOUSES  OF  REFUGE  AND 
REFORMATION. 

517.  Sums  of  money  to  be  appro- 
priated for  support  of  minors 
committed  from  Baltimore 
city  to  institutions  named  ; j 
annual  appropriations  to  cer- 
tain institutions  ; additional 
appropriations. 

518.  Inspection  of  House  of  Good 
Shepherd. 

IMMIGRANTS. 

519.  Masters  of  vessels  to  report 
data  concerning  aliens ; pen- 
alty for  failure  to  so  report. 

520.  Owner  or  consignee  of  every 
vessel  to  give  bond  for  sup- 
port of  aliens  who  may  become 
public  charges;  penalty  for  I 
failure  to  give  bond. 

521.  Sureties  on  such  bond. 

522.  Other  security.  ! 

523.  Security  to  be  approved  by  [ 
Mayor. 


524.  Per  capita  tax  on  aliens  land- 
ed in  lieu  of  bond. 

525.  Penalty  for  landing  aliens  in 
evasion  of  regulations. 

526.  Penalties,  how  recovered. 

527.  Mayor  may  remit  penalties. 

528.  Disbursement  of  commutation 
money. 

529.  Disbursement  of  penalties  im- 
posed. 

530.  City  Register’s  per  centum. 

531.  Representatives  of  foreign 
governments  to  be  excepted 
from  these  provisions. 

INSPECTIONS,  WEIGHTS  AND 
MEASURES. 

Barrels. 

532.  Standard  barrel  for  measure- 
ment of  green  peas  or  beans. 

533.  Such  barrels  to  be  stamped  : 
penalty  for  use  of  barrels  not 
stamped . 

534.  Inspection  of  such  barrels  by 
Inspector  of  Weights  and 
Measures;  to  whom  fines  shall 
be  paid. 

Coal. 

535.  Sellers  of,  to  provide  scales  ; 
penalty  for  failure  to  provide 
scales. 

536.  Coal  to  be  weighed ; penalty 
for  failure  to  weigh. 

537.  Policemen  to  direct  coal  to 
be  weighed  in  certain  cases  ; 
penalty  for  refusal  to  comply 
with  such  direction. 

538.  Seller  to  provide  memoran- 
dum of  weight  ; proviso. 

539.  Compensation  for  weighing  ; 
by  whom  paid. 

539a.  Policeman  to  be  assigned  to 
enforce  coal  law  ; duties  and 
authority  of  such  policeman. 


24 


CITY  OF  BALTIMORE. 


540.  Exceptions. 

Gas  Meters. 

541.  Gas  companies  to  install  effi- 
cient meters. 

542.  Overcharge  prohibited. 

543.  Consumer  of  gas  may  require 
meter  to  be  tested  ; provisions 
governing  tests  of  meters. 

Gaugers  of  Casks  and  Liquors. 

544.  Who  may  be  licensed  as 
gauger  ; license  fee ; oath  of 
licensee. 

545.  Who  may  not  be  gaugers. 

546.  When  gauging  not  required  ; 
gauger  may  be  called  in. 

547.  Gauging  instruments  ; mark- 
ing casks  ; specifications  for 
casks  ; forfeiture  for  fraud. 

548.  Gaugers  to  use  Baltimore 
standard  of  wine  measure  ; 
penalty  for  error  of  gauger. 

549.  Penalty  for  altering  or  falsi- 
fying  gauger’s  marks. 

550.  Gauger’s  fees. 

551.  Penalty  for  unlicensed  gaug- 
ing, gauging  outside  city  lim- 
its and  fraudulent  gauging. 

Hay  and  Straw. 

552.  Appointment  of  inspectors. 

553.  Bond  of  inspectors. 

554.  Inspectors  to  weigh  hay. 

555.  To  furnish  certificate  of  in- 
spection . 

556.  Inspector’s  fees. 

557.  Penalty  for  neglect  or  fraud 
of  vender  ; exceptions  ; certi- 
ficate of  private  weigher. 

558.  Penalty  for  falsifying  certifi- 
cate. 

559.  Penalty  for  fraud  subsequent 
to  inspection. 

560.  Re-weighing  vehicles. 


561.  To  weigh  other  articles. 

562.  Charges  for  hay  allowed  to  re- 
main at  scales. 

563.  Adjustment  of  scales. 

564.  Inspectors  to  account  under 
oath  to  Treasurer. 

565.  Inspector  at  Canton  to  weigh 
live  stock  ; charges. 

566.  To  keep  record  of  weights 
and  monies ; to  report  to 
Comptroller  under  oath ; com- 
pensation. 

567.  May  impound  live  stock  to 
collect  fees. 

568.  Penalty  for  inspector’s  neglect 
to  weigh  live  stock. 

569.  Additional  bond  of  inspector 
weighing  live  stock. 

570.  Recovery  of  fines. 

Manure. 

571.  Requirements  for  cart-load. 

Steam  Boilers. 

572.  Appointment  of  inspectors  of ; 
inspector’s  oath  ; bond. 

573.  Inspectors’  districts. 

574.  Inspector’s  office  ; apparatus  ; 
to  give  notice  to  users  of  steam 
boilers. 

575.  Owner  to  report  location  of 
boilers  ; penalty  for  failure  to 
report. 

576.  Inspector  to  give  notice  of  in- 
spection ; penalty  for  failure 
to  assist  inspector. 

577.  To  make  inspections  annually; 
specifications  for  inspections; 
certificate  of  inspection;  to  be 
posted  in  frame  under  glass. 

578.  Quarterly  examination  of  boil- 
ers to  be  made  by  inspectors; 
when  certificates  shall  be  re- 
voked ; penalty  for  failure  to 
comply  with  requirements  of 
inspector. 


MISCEI.I<ANEOUS  EOCAE  EAWS. 


25 


579.  Re-examination  of  boiler  by 
reviewers. 

580.  Further  restrictions  ; penalty. 

581.  Examination  of  engineers  by 
inspectors. 

582.  Fees  for  inspection. 

583.  Inspectors’  records  and  ac- 
counts. 

584.  Salary  of  inspectors. 

585.  Nothing  in  this  sub-division 
to  conflict  with  authority  of 
Mayor  and  City  Council. 

586.  Steam  boiler  insurance  com- 
panies ; to  pay  a fee  for  each 
boiler  insured. 

587.  J’enalty  for  inspector’s  neg- 
lect. 

588.  Vacancies  in  force  of  inspec- 
tors. 

589.  Recovery  of  fines. 

Wood  Carts. 

590.  Measurer  of  carts  ; duties  ; to 
give  certificate  of  measure- 
ment ; fees. 

591.  Requirements  for  cord  meas- 
ure. 

592.  Penalty  for  short  measure. 

593.  Oath  of  measurer. 

594.  Office  of  measurer  ; to  mark 
carts. 

595.  Measurement  of  wood. 

596.  Penalty  for  other  measure. 

597.  Exception  of  sawed  and  split 
wood. 

598.  Further  prohibitions;  penalty. 

599.  Arbitration  of  disputes  be- 
tween buyer  and  seller. 

JONES’  FALLS. 

600.  General  provisions  in  this  art- 
icle in  relation  to  streets  and 
sewers  not  to  apply  to  Jones’ 
Falls  except  as  in  this  section 


provided  ; proviso  as  to  ap- 
peals. 

601.  Ordinance  of  January  31,  1870 
made  valid. 

JURORS. 

602.  Selection  of  750  names. 

603.  City  Collector  to  furnish  list 
from  taxpayerr. 

604.  Selection  of  Grand  Jurors ; 
foreman  of  grand  jury. 

604a.  Clerk  to  the  grand  jury. 

604b.  Clerk’s  oath  of  secrecy. 

604c.  Clerk  to  record  testimony 
and  proceedings  and  preserve 
secrecy  of  same  ; State’s  At- 
torney to  be  custodian  of 
minutes. 

604d.  Penalty  for  clerk  violating 
three  preceding  sections. 

605.  Drawing  of  400  names  from 
list  of  qualified  jurors. 

606.  Entry  of  names  in  jury  book. 

607.  lOO  additional  jurors. 

608.  Deposit  of  jury  books  ; sum- 
moning jurors  ; reserve  list. 

609.  Additional  jurors;  provision 
for. 

610.  Talesmen;  failure  of  talesmen 
to  appear ; jurymen  not  en- 
gaged may  be  summoned ; 
rule  when  whole  list  is  ex- 
hausted . 

611.  Attendance  of  jurors. 

612.  Successive  drawings  of  jurors; 
service  by  jurors  on  regular 
panels  to  be  exempt  for  two 
years  thereafter;  replenishing 
list  of  jurors. 

613.  Talesmen  from  regular  panels. 

614.  Penalty  for  fraud  in  drawing 
names. 

615.  Special  juries. 

616.  Sheriff’s  liability  for  violation 


26 


CITY  OF  BALTIMORE. 


of  provisions  of  this  article  ; 
penalty. 

617.  Two  judges  of  Supreme  Bench 
to  constitute  a quorum. 

618.  Peremptory  challenge  of  jur- 
ors by  State  in  criminal  cases. 

619.  Grand  Jury  to  visit  jail. 

620.  No  advantage  to  be  taken  of 
failure  to  observe  foregoing 
provisions  ; penalty  for  wilful 
neglect  in  drawings. 

Pay  of  Jurors. 

621.  Per  diem  of  jurors;  clerk  of 
court  to  furnish  juror  certifi- 
cate of  service  ; Cit}^  Register 
to  pay  jurors  upon  surrender 
of  certificate. 

Volunteer  Militia  Exempt  From 
Petit  Jury  Duty. 

622.  When  exempt  ; proviso. 

JUSTICES  OF  THE  PEACE  AND 
CONSTABLES. 

623.  Governor  to  appoint  Justices 
of  the  Peace. 

623a.  Magistrate  for  Juvenile 
Causes  ; his  jurisdiction  ; po- 
licemen to  attend  said  Justice. 

624.  Bond  of  Justices  of  the 
Peace. 

625.  Office  hours  of  Justices. 

626.  When  Justice  may  issue  sum- 
mons in  debt  and  damages ; 
penalty  for  improper  issue  of 
summons. 

627.  Where  writs  to  be  made  re- 
turnable. 

628.  Compensation  for  extra  ser- 
vices. 

629.  Location  of  office  of  Justice. 

630.  Governor  to  select  Justices  of 
the  Peace  to  sit  at  station 
houses  in  city  ; their  hours  of 


duty  ; attendance  of  additional 
Justice  of  the  peace- 

631  . Arrests  out  of  office  hours  ; 
collateral  for  appearance  of 
person  so  arrested. 

632.  Duty  and  authority  of  Jus- 
tices of  the  Peace ; petty  of- 
fences ; jury  trial ; commit- 
ment ; offences  Justice  cannot 
try ; bail. 

633.  Fines  ; when  fines  not  paid. 

634.  Indorsement  on  commitment 
when  jury  trial  prayed. 

635.  Governor  may  change  assign- 
ment of  Justices. 

636.  Salary  of  Justices  of  the  Peace 
at  Station  houses ; charging 
fees  prohibited. 

637.  Temporary  absence  of  Justice  ; 
Substitute  Justice,  pay  of  sub- 
stitute to  be  deducted  from 
that  of  absentee  ; proviso. 

638.  Leave  of  absence  with  pay. 

639.  Fees  in  relation  to  duties 
prohibited. 

640.  Police  to  serve  warrants. 

641.  State  writs,  where  returnable. 

642.  Duty  of  officer  making  arrest 
when  warrant  is  returnable 
before  station  house  Justice  ; 
same  where  arrest  is  made 
without  warrant,  or  warrant 
is  not  returnable  before 
station  house  Justice. 

643.  Justices  to  account  for  fines, 
etc.  and  pay  over  State’s 
portion  to  clerk  of  Court  of 
Common  Pleas. 

644.  To  account  to  City  Register 
and  pay  over  to  him  City’s 
portion  of  fines. 

645.  When  no  fines  collected,  to 
make  affidavit  at  time  for 
accounting. 


miscei<i;ankous  i^ocai.  i.aws. 


27 


646.  Accounting  and  application  of 
costs. 

647.  Justices  of  the  Peace  not  to 
take  supersedeas. 

648.  Disposition  of  docket  and 
papers  of  Justice  upon  his 
death,  resignation  or  remov- 
al. 

649.  Conviction  of  a Justice  of 
misdemeanor  to  carry  with  it 
his  removal ; constables  not 
to  deputize. 

Landlord  and  Tenant. 

650.  Distress  denied  for  less  term 
than  three  months. 

651.  Repossession  provided  for. 

652.  Proceedings  for  re-possession ; 
duty  of  Justice  ; trial ; service 
of  summons. 

653.  Adjournment  of  trial  ; judg- 
ment ; proviso. 

654.  Dispossession  and  reposess- 
ion. 

655.  Appeal  by  tenant  ; appeal 
bond. 

656.  Fees  of  Justices  of  the  Peace 
and  constables  under  this 
sub-division  ; penalty  for 
charging  excessive  fees. 

Larceny. 

§656a.  Purchase  of  certain  articles 
from  child  under  sixteen  pro- 
hibited, proviso. 

§656b.  Penalty  for  such  purchase. 

§656c.  Not  to  effect  section  371, 
Art.  27,  Public  General  Laws. 

LEGISLATIVE  DISTRICTS. 

Wards. 

§656d.  Board  of  Supervisors  of 
Elections  to  divide  city  into 
twenty-four  wards. 

§656e.  Wards  to  be  described  and 
numbered. 


§656f.  When  wards  as  so  laid  out 
are  to  become  wards  of  city. 

§656g.  Division  into  wards  to  be 
made  within  thirty  days  after 
passage  of  this  Act. 

§656h.  To  divide  wards  into  elec- 
tion precincts. 

§656i.  To  make  maps  of  new  wards 
and  precincts. 

657.  Renumbering  of  wards. 

Boundaries  of  Legislative  Dis- 
tricts. 

657a.  Wards  embraced  in  legis- 
lative districts. 

Councilmanic  Districts. 

657b.  Rearrangement  of  council- 
manic  districts  of  Baltimore. 

LICENSES. 

Billiards. 

658.  License  for  tables  ; proviso. 

659.  Penalty  for  unlicensed  tables. 

660.  Cit}'-  also  may  tax  billiard 
tables. 

Horse  Dealers. 

661.  Must  procure  license  ; license 
fee ; contents  of  license ; 
proviso. 

662.  Penalty  for  unlicensed  deal- 
ing. 

663.  Dealers  defined. 

Installation  of  Electrical  Apparatus 
and  Wiring. 

§663a.  Board  of  Examiners  and 
Supervisors ; purposes  for 
which  board  appointed  ; 
nomination  for  membership 
on  board  ; terms  of  office  of 
members  of  board  ; vacancies 
in  board  ; how  filled. 

§663b.  Members  of  Board  to  take 
oath  of  office ; members 


28 


CITY  OF  BATTIMORF. 


to  elect  board  officers  and 
adopt  rules. 

§663c.  Compensation  of  members 
of  board;  additional  compen- 
sation of  Secretary  of  board; 
proviso. 

§663d.  Meetings  of  board;  board  to 
adopt  rules  for  examination 
of  master  electricians ; to 
adopt  wiring  specifications ; 
to  give  notice  of  board  meet- 
ings to  applicants  for  licenses; 
Statement  of  licenses  issued. 

§663e.  “Master  electrician”  de- 
fined; license. 

§663f.  Who  must  secure  license ; 
examination  of  applicants ; 
conditions  and  term  of 
license  ; to  whom  license  not 
necessary  ; to  whom  license 
shall  not  issue;  appeal  from 
decision  of  board;  arbitration 
of  appeals;  license  fee;  bond 
of  applicant ; conditions  of 
bond. 

§663g.  License  as  evidence  in  courts 
of  cit}^;  period  of  license. 

§663h . License  to  be  renewed  with- 
out re-examination;  proviso; 
renewal  fee. 

§663i.  Board  may  revoke  license 
for  cause. 

§663j . Failure  of  bond  to  invalidate 
license. 

§663k.  License  to  be  displayed  in 
conspicuous  place. 

§6631.  Supervision  only  of  master 
electrician  required. 

§663ni.  Penalty  for  failure  to  com- 
ply wdth  requirements  of  this 
sub-division  of  this  article. 

§663n.  Licenses  not  assignable. 

§663o.  Disposition  of  license  fees. 

§663p.  Annual  report  of  board  to 
Governor  of  State. 


§663q.  Exceptions  in  application 
of  provisions  of  Act. 

Liquor  and  Intoxicating  Drinks. 

Sale  Forbidden  in  Certain  Places. 

664.  Mount  Vernon  factories. 

665.  Woodberry  factory. 

666.  Mount  Royal  Terrace. 

666a.  Walbrook  Public  School;  no 
license  to  issue  for  sales  in 
vicinity  of. 

§666b.  Same,  in  territory  bounded 
by  Oak,  Twenty-fourth  street, 
Guilford  avenue  and  Twenty- 
first  street. 

§666c.  In  vicinity  of  Edmondson 
avenue  and  Fifteenth  street. 

§666d.  North  of  Druid  Hill  Park. 

§666e.  In  territory  bounded  by 
Twenty-eighth  street,  Calvert 
street,  north  of  Merrymans 
Lane  and  Jones’  Falls. 

667.  Exceptions  to  regulations  for 
sale  of  liquors ; intoxicants 
defined. 

668.  Appointment  of  Board  of 
Liquor  License  Commission- 
ers by  Governor. 

669.  Clerks  to  the  Board  ; records 
of  proceedings  of  Board. 

670.  Board  to  fix  salaries  of  their 
clerks ; salaries  of  members 
of  Board. 

671.  To  whom  licenses  may  be 
granted. 

672.  Duration  of  licenses;  to  begin 
on  first  of  May  in  each  year; 
license  fees. 

673.  Petition  for  license  shall  be 
published. 

674.  What  petition  for  License 
shall  contain ; affidavit  for 
petitioner;  false  statement  in 
petition  to  be  perjury. 


MlSCELIvANEOUS  EOCAE  EAWS. 


29 


675.  Certificate  signed  by  ten 
voters  to  be  attached  to 
petition. 

676.  Board  to  hear  petitions  and 
remonstrances;  license  to  be 
revoked  when  fraudulently 
obtained,  or  licensee  con- 
victed in  Criminal  Court. 

677.  Prepa3^ment  of  license  fees. 

678.  Conditions  under  which  Board 
issues  licenses  ; rates  of 
charge  for  licenses  ; proviso 
as  to  retail  grocers’  license. 

679.  Disposition  of  money  received 
for  license  fees. 

680.  License  to  be  displayed  in 
frame  under  glass  in  licensee’s 

place  of  business. 

681.  To  whom  licensee  shall  not 
sell. 

682.  Days  and  hours  when  sales 
shall  not  be  made. 

683.  Sales  by  druggists  and  apothe- 
caries. 

684.  Penalty  for  sales  without 
license. 

685.  Penalty  for  licensee  for  vio- 
lating provisions  of  this  sub- 
division. 

686.  Complaints  against  licensee; 
duty  of  State’s  Attorney 
therein ; liability  of  Board  for 
license  improperly  granted ; 
revocation  of  such  license. 

687.  Authority  of  Board  to  summon 
witnesses ; procedure  when 
witness  fails  to  attend. 

688.  Sales  by  distillers  and  brew- 
ers ; license  of  wholesalers, 
jobbers  and  bottlers  ; how 
they  may  sell  ; license  fee  ; 
penalty  for  selling  without 
license  or  in  violation  of  this 
section;  expiration  of  license; 
disposition  of  fees  collected. 


689.  Hotel  keeper’s  license. 

690.  Holder  may  assign  license ; 
proviso  as  to  fitness  of 
assignee  and  place  of  business; 
transfer  to  be  indorsed  on 
license;  license  lost,  or  with- 
held from  transferee  ; dupli- 
cate license. 

691.  Special  permits  to  sell  ; fees 
for  same. 

Pawnbrokers. 

692.  To  keep  accurate  accounts; 
what  accounts  shall  show; 
property  to  be  subject  to  in- 
spection b}^  proper  officer  and 
by  Marshal  of  Police;  penalty 
for  disregard  of  these  provi- 
sions. 

693.  Pawnbrokers’  license;  license 
fee;  bond;  penalty  for  failure 
to  secure  license  or  give  bond. 

Merchandise  Brokers. 

694.  License;  license  fee. 

Real  Estate  Brokers. 

695.  License;  names  of  all  members 
of  firm  to  be  inserted  in 
license;  license  fee. 

696.  Penalty  for  acting  as  real 
estate  broker  without  license; 
what  shall  be  deemed  viola- 
tion of  this  section. 

697.  Devolution  of  license  upon 
death  or  removal  of  licensee; 
license  may  be  assigned. 

698.  Transfer  of  license. 

699.  Separate  license  for  each 
office  required. 

700.  Attorneys-at-law  require  no 
license. 

Stevedores. 

§700a.  Master  stevedores  to  obtain 
license;  penalty  for  failure  to 
obtain  license. 


30 


CITY  OF  BATTIMORF. 


Duty  of  Sheriff  and  Clerk 
of  Court. 

701.  Sheriff  to  make  alphabetical 
list  of  those  whose  business 
requires  a license;  to  adver- 
tise expiration  of  licenses: 
his  fee;  effect  of  failure  of 
Sheriff  to  advertise. 

702.  Clerk  of  the  Court  to  write 
location  on  face  of  license; 
restrictions  upon  licenses. 

Mariners  and  Charitable  Marine 
Society  of  Baltimore. 

703.  Intestate  mariners  without 
heirs;  disposition  of  property 
of. 

Markets. 

704.  Purchase  in  markets  to  sell 
again,  unlawful,  penalty  for 
such  purchase;  proviso  as  to 
merchant  or  shopkeeper  sell- 
ing in  his  store. 

705.  Summary  punishment  of 
offenders  against  provisions 
of  preceding  section. 

706.  Requirements  for  weight  of 
butter. 

707.  Growers  and  producers  exempt 
from  market  fees. 

708.  Penalty  for  market  officer 
collecting  illegal  fees. 

709.  Mayor  and  City  Council  may 
purchase  land  for  markets ; 
comdemnation  proceedings. 

710.  Notice  in  condemnation  to 
infant,  lunatic  or  feme  covert. 

711.  Notice  to  non-residents. 

712.  Striking  off  condemnation 
jurors. 

713.  Jurors  to  take  oath  to  value 
impartially. 

714.  Duty  of  jur}^  in  assessing 
damages. 


715.  Jury  to  reduce  inquisition  to- 
w’ritingand  sign  same  ; court 
to  confirm  inquisition. 

716.  New  inquisition. 

717.  What  inquisition  shall  con- 
tain. 

718.  Additional  jurors  when  those 
summoned  fail  to  appear. 

719.  Per  diem  of  jurors. 

Mortgages. 

720.  Where  mortgage  contains  as- 
sent to  degree  of  sale ; sale 
under  such  mortgage. 

721.  Procedure  in  such  sale. 

722.  Validity  of  such  sales. 

723.  Trustee’s  report  of  sale. 

724.  Allegations  against  sale. 

725.  Voiding  sales  when  allega- 
tions sustained. 

726.  Docket  entries  and  recording 
decrees;  Clerk’s  fees. 

727.  Docket  entry  of  assignment 
of  decree  to  have  same  effect 
as  assignment  or  conveyance 
of  mortgage  interests. 

728.  Effect  of  satisfaction  of  decree ; 
order  or  direction  of  satisfac- 
tion. 

729.  New  trustees  ; proceeds  of 
sale;  distribution  of  proceeds. 

730.  Sales  under  General  Daw ; 
notice  of  such  sales. 

731.  Duty  of  Court  in  case  of 
default  before  decree  ; state- 
ment of  claim  verified  by  oath 
required. 

§731a.  Deficiency  in  proceeds  of 
sale  ; decree  in  personam  to 
be  entered. 

732.  Application  of  sections  722- 
729  to  section  731. 


MlSCEI^IvANEOUS  EOCAE  EAWS. 


31 


Notaries  Public. 

733.  Number  of  Notaries  Public 
Governor  may  appoint. 

733a.  Additional  Notaries  Public 
may  be  appointed. 

§733A,a.  Appointment  of  20  ad- 
ditional Notaries  Public  auth- 
orized. 

734.  Eligibility  of  appointees. 

Oysters. 

735.  Licensed  measurers;  license 
fee ; oath  of  measurer ; 
measurer’s  fees;  penalty  for 
violations  of  this  section. 

Parks  and  Squares. 

736.  Zoological  collection  to  be 
formed  by  Board  of  Park 
Commissioners. 

737.  To  receive  subscriptions  and 
issue  stock  therefor  to  pro- 
vide for  said  collection. 

738.  Subscribers  to  receive  free 
entrance  tickets. 

739.  Issue  of  bonds  to  provide  for 
new  park  in  southwestern 
part  of  city  ; issue  of  bonds  to 
be  approved  by  voters  ; inter- 
est on  bonds  ; annual  tax  to 
pay  interest. 

§7?9a.  Limiting  height  of  buildings 
in  vicinity  of  Washington 
Monument. 

Park  Improvement  Loan. 

§739b.  Authority  to  issue  stock  for 
extention  of  Baltimore’s  park 
system  ; issue  to  be  submitted 
to  the  vote  of  its  citizens. 

§7i9c.  Power  to  acquire  property 
by  gift,  purchase,  etc.;  con- 
demnation proceedings  there- 
for ; notice  to  owners  ; right 
of  appeal  by  interested  par- 
ties. 


§739d.  Municipality  exempted  from 
restrictions  of  Ch.  353,  Acts 
1902. 

§739e.  Payment  of  interest  on  loan 
authorized. 

§739f.  Proceeds  of  loan  to  be 
expended  equally  in  four 
quarters  of  city. 

Police  Commissioners. 

Organization  of  Force. 

740.  Appointment  of  Board  ; term 
of  office  ; salary;  successors; 
bond ; oath  ; oath  to  be  re- 
corded. 

741.  Officers  of  Board  ; their  votes 
to  be  recorded  ; minute  book; 
vacancies  in  Board ; how 
filled. 

742.  Secretary  to  Board  ; his  duties; 
bond  ; salary. 

743.  Assistant  secretary  ; salary. 

744.  Duties  of  the  Board ; to  be 
conservators  of  the  peace  ; to 
provide  police  at  fires,  etc.; 
to  enforce  laws  and  ordinan- 
ces ; duty  when  breach  of 
peace  is  apprehended  ; juris- 
diction in  making  arrests ; 
may  summon  witnesses  and 
administer  oath. 

745.  Board  to  enroll,  arm,  equip 
and  regulate  police  force  ; of 
what  officers  and  men  force 
shall  consist  ; pay  of  mem- 
bers of  force  ; proviso  as  to 
provisions  of  Act  1900,  ch.  16 
remaining  in  force. 

745a.  Appointment  of  Police  ex- 
aminers; salary  of  examiners; 
their  oath. 

745b.  Election  of  officers  of  Board  ; 
secretary  to  board  ; his  salary. 

745c.  Office  of  Board ; supplies  for 
Board. 


32 


CITY  OF  BALTIMORE. 


745d.  Board  to  make  rules  and 
regulations  which  shall  have 
force  of  law ; examiners  to 
report  names  of  candidates 
for  appointment  to  Police 
Force  to  Board  of  Police 
Commissioners,  by  graded 
lists ; competitive  examina- 
tion for  candidates  ; character 
of  such  examination  ; lists  to 
be  open  to  inspection  of 
public. 

745e.  Statement  of  applicant  for 
position  ; character  of  appli- 
cant to  be  certified  to ; dis- 
qualifications. 

745f.  Appointments,  promotions, 
removals,  etc.;  no  appoint- 
ment or  promotion  to  be  made 
unless  such  name  is  on 
graded  list. 

746.  Clerk  to  marshal ; his  salary 
and  bond. 

747.  Board  to  make  annual  esti- 
mate of  expenses  ; Mayor  and 
City  Council  to  levy  tax  to 
meet  same ; to  be  known  as 
police  tax ; Board  to  make 
requisitions  on  Comptroller  ; 
Board  may  issue  certificates 
of  indebtedness  whenever 
Mayor  and  City  Council  fail 
to  provide  funds  for  depart- 
ment, or  when  inadequate 
provision  made;  proviso  limit- 
ting  such  issue. 

748.  Duty  of  Sheriff  when  called 
on  by  the  Board ; posse  com- 
itatus ; Board  may  call  out 
militia ; Board  may  assume 
supreme  control  of  conserva- 
tors of  the  peace  ; penalty  for 
disobedience  of  its  orders. 

749.  Board  to  fill  vacancies ; to 
make  rules  and  regulations ; 
relief  of  members  of  force 
and  their  families  in  case  of 


injury  in  line  of  duty  ; may 
require  policemen  to  give 
bond ; may  suspend  or  fine 
policemen ; may  suspend  rules. 

750.  No  extra  compensation  to 
police  ; police  fund  ; penalty 
for  misuse  of  money  received. 

751.  Board  to  keep  full  record  of 
their  proceedings  ; records  to 
be  open  to  inspection. 

752.  Treasurer  of  Board;  his  bond; 
to  make  semi-annual  account; 
to  file  copy  of  account  in  office 
of  Secretary  of  State. 

753.  When  Board  may  close 
saloons  ; policemen  to  report 
to  Grand  Jury  when  sur 
order  to  close  is  disobeyed. 

754.  Board  to  take  rights  of  former 
police  force  ; to  use  property 
of  city  belonging  to  the  police 
department. 

755.  Police  to  report  property 
seized  or  found  to  Board ; 
penalty  for  failure  to  so 
report. 

756.  Board  empowered  to  retire 
policemen  ; retirement  pay  ; 
when  Board  may  suspend 
payment. 

757.  Release  of  persons  confined 
only  on  proper  authority. 

758.  Park  police. 

759.  Effect  of  provisions  of  this 
sub-division  on  powers  and 
duties  of  Mayor  and  City 
Council. 

§759a.  Police  not  to  perform  other 
than  police  duties. 

760.  Immediate  examination  after 
arrest,  of  all  persons. 

761 . Arrest  of  drunk  and  disorderly 
persons ; penalty  for  posses- 
sion of  concealed  weapons 
when  so  arrested  ; proviso  as 
to  peace  officers. 


MISCELI.ANKOUS  EOCAE  EAWS. 


33 


762.  Penalty  for  carrying  concealed 
weapons. 

763.  Leave  of  absence  with  pay  for 
policemen. 

764.  Additional  probation  officers. 

Matrons  at  Station  Houses. 

765.  Appointment  of  matrons, 
superintendent  of  matrons 
and  substitute  matrons. 

766.  Recommendations  required  ; 
terms  of  service ; conditions 
of  service. 

767.  Duties  of  matrons  and  super- 
intendent of  matrons. 

768.  Salaries  of  matrons  and  sup- 
erintendent of  matrons. 

Militia. 

769.  Command  of,  when  called  out 
by  Board  or  Sheriff. 

Patrol  Wagons. 

770.  Board  to  maintain  patrol 
wagons. 

Physicians  to  the  Police  Force. 

771.  Appointment  of  physicians; 
qualifications  of  chief  physi- 
cian. 

772.  Duties  of  physicians  to  Police 
Force. 

773.  Salaries  of  chief  ph}’sicians 
and  assistants. 

Races. 

774.  Commissioners  may  detail 
police  at  Jockey  Club  race 
track. 

Registration  of  Voters. 

775.  Police  at  registration  offices. 

Special  Fund. 

776.  What  monies  shall  constitute 
fund. 

776a.  Trustees  of  fund  ; treasurer; 
bond  of  treasurer;  annual 


report  on  fund  to  Mayor  and 
City  Council. 

776b.  Fund  and  salaries  payable 
therefrom  to  be  exempt  from 
execution  ; penalty  for  fraud 
in  regard  to  fund. 

776c.  Additional  monies  constitu- 
ting fund  ; deficiency  in  fund; 
how  provided  for ; Board  as. 
trustees  of  fund  may  receive 
bequests. 

§776c,a.  Additional  revenues  for 
said  fund,  from  permit  fees 
for  public  dances,  soirees, 
masked  balls,  boxing  or 
athletic  contests,  etc.;  per- 
mit fees  ; penalty  for  failure 
to  secure  permit ; regular 
dancing  schools  excepted  ; 
annual  license  for  such 
schools. 

776d.  Board  to  pay  allowance  ta 
widow  of  member. 

776e.  Period  during  which  salaries 
granted  under  certain  Acts 
shall  be  paid. 

776e.  Requirements  for  certificate 
of  disability. 

777.  Pensions  to  retired  policemen; 
proviso  as  to  service  ; penalty 
for  immoral  living. 

777a.  Conditions  under  which 
police  matrons  are  made  bene- 
ficiaries of  said  fund. 

777b.  Secretary  and  Assistant  Sec- 
retary of  Board  also  to  parti- 
cipate in  benefits  of  said  fund. 

§777B,a.  Appropriation  for  relief 
of  members  of  force  and  for 
relief  of  widows  and  children. 

778.  Authority  of  Board  extended 
to  police  patrol  boat. 

779.  Board  to  provide  for  new 
station  houses. 


34 


CITY  OF  BATTIMORF. 


780.  Pension  to  James  M.  Moore. 

Long  Bridge. 

781.  Jurisdiction  of  Board  over 
Long  Bridge. 

Telegraph  to  House  of  Correction 

782.  Mayor  and  City  Council  to 
maintain. 

Thieves  and  Pickpockets. 

783.  Arrest  of,  at  depots  and  pub- 
lic places  ; penalt}’^ ; convic- 
tion of  common  thieves  ; 
discretion  of  Justice  of  Peace 
restricted. 

784.  Arrest  of,  on  property  or 
premises  of  railroads,  etc.; 
bail,  trial,  etc.;  police  and 
employes  of  railroads  to  make 
arrests  ; proof  ; penalty. 

Personating  Policemen, 

785.  Misdemeanor  to  impersonate 
policeman  ; or  display  badge, 
etc.;  penalty. 

New  Station  Houses. 

786.  Board  to  acquire  ground  for, 
in  Annex. 

787.  Where  title  to  such  ground  to 
vest. 

788.  Ground  to  be  paid  for  from 
Special  fund. 

Pratt  Free  Library. 

789.  Appointment  of  visitor  to; 
duties  of  visitor. 

§789a.  Library  to  receive  bequests 

790.  Property,  funds  and  franchises 
of  Library  exempt  from  taxes. 


RAILROADS. 

Safety  Gates. 

791.  Safety  gates  at  street  erossings 
required  ; operation  of  gates. 

792.  Penalty  for  violation  of  pro- 
visions relating  to  gates. 

§792a.  Railroads  must  issue  cou- 
pon tickets. 

§792b.  Tickets  for  passage  through 
Baltimore  must  permit  stop- 
over there. 

§792c.  Duration  of  stop  at  princi- 
pal station  in  Baltimore. 

§792d.  Penalty  for  violation  of 
provisions  relating  to  tickets 
and  stops. 

Hours  of  Labor. 

793.  Limited  to  twelve  in  each  day. 

794.  Attorney  General  to  proceed 
against  charters  of  corpora- 
tions violating  these  pro- 
visions. 

795.  Money  penalty. 

Street  Railway  Fares. 

796.  Rates  of  fare  ; transfers. 

Park  Tax. 

797.  Nine  per  cent,  tax  on  gross 
receipts  ; when  to  be  paid. 

798.  Board  of  Park  Commissioners 
may  examine  accounts  of  rail- 
way companies  ; penalty  for 
obstructing  such  examination. 

799.  Penalty  for  default  as  to  park 
tax. 

800.  Penalty  for  false  certification 
as  to  amount  due  as  park  tax. 

§800a.  Provisions  for  modification 
of  park  tax  in  the  event  of  the 


MiSCEIvIvANEOUS  EOCAE  EAWS. 


35 


acquisition  by  the  city  of  cer- 
tain easements  now  owned  by 
United  Railways  and  Electric 
Company  in  streets  in  the 
Annex,  in  event  of  said  rail- 
wa}'  company  applying  for 
franchises  in  said  streets;  fran- 
chises granted  hereunder  by 
Board  of  Estimates  may  be  in 
perpetuity  where  original 
franchises  were  also  perpetual. 

§800b.  Upon  acquisition  of  the  ease- 
ments owned  by  said  railway 
company  the  Board  of  Esti- 
mates may  grant  said  Railway 
company  street  railway  fran- 
chises in  said  streets  for  a sum 
not  less  than  the  cost  to  the 
city  of  said  easements. 

Prohibiting  Tracks  on  Certain 
Streets. 

801.  Streets  or  parts  thereof  on 
which  tracks  are  prohibited  ; 
proviso  as  to  crossing  such 
streets. 

§801  a.  Prohibiting  tracks  on  portion 
of  Lombard  street ; proviso  as 
to  crossing  said  street. 

RECORDS. 

802.  Duty  of  Clerk  of  Circuit 
Court  to  prepare  new  index  ; 
plan  of  index  to  be  approved 
by  Supreme  Bench. 

803.  New  index  to  be  made  upon 
plan  as  adopted. 

804.  Renewals  of  worn-out  records. 

805.  Cost  of  new  index  and  records, 
how  paid. 

SABBATH. 

806.  Sales  of  ice  on  Sabbath  pro- 
hibited. 

807.  Penalty  for  sales  on  Sabbath. 


SCHOOLS. 

Intestates’  Estates. 

808.  Orphans’  Court  may  claim 
such  estates. 

809.  Administrator  of  such  estate 
to  give  notice  by  advertise- 
ment. 

810.  Release  to  administrator. 

811.  Terms  of  release. 

812.  Restoration  when  legal  repre- 
sentatives appear. 

813.  Not  to  effect  Charitable  Marine 
Society. 

Johns  Hopkins  University. 

814.  Its  power  to  establish  branches 
and  hold  property. 

815.  May  confer  degrees. 

McDonough  Educational  Fund  an<l 

Institute  and  Other  Institutions. 

816.  City  may  issue  stock  for  one 
million  dollars ; to  provide 
for  same  by  ordinance  to  be 
approved  by  legal  voters  ; ma- 
turity of  such  certificates  of 
stock ; interest. 

Text  Book  Upon  Civil  Govern- 
ment. 

§816a.  Board  of  School  Commis- 
sioners to  furnish  same. 

SEWERS. 

817.  Penalty  for  obstructing  sewers. 

818.  Power  of  Mayor  and  City 
Council  to  construct ; proce- 
dure ; damages ; appeals ; 
benefits. 

819.  Benefits  to  be  a lien  on  prop- 
erty benefited. 

820.  Permit  required  for  private 
sewers. 


36 


CITY  OF  BATTIMORF. 


821.  Notice  to  be  advertised  before  i 
passing  ordinance  for  con-  | 
struction,  etc.  of  sewers. 

822.  Notice  also  before  acting  under 
ordinance. 

823 . Provision  for  payment  of  city  ’ s 
portion  of  cost. 

824.  Five  million  loan  for  streets, 
sewers,  parks  and  schools. 

New  Sewerage  System. 

§824a.  Sewerage  Commission  ; mu- 
nicipal officers  not  eligible  to 
appointment  on  same  ; com- 
pensation of  members  ; to 
have  custody  of  maps,  plates, 
etc. ; its  meetings  to  be  public. 

§824b.  Duties  of  commission  ; pre- 
liminary investigations  ; to 
adopt  a sewerage  system ; to 
construct  sewers,  buildings, 
plants,  etc.;  Governor  to  exe- 
cute deed  or  deeds  ; to  incor- 
porate all  existing  public 
sewers  and  drains  in  said  sys-  | 
tern  ; to  appoint  chief  engi- 
neer ; to  frame  and  enforce 
rules,  etc.;  to  make  contracts; 
to  obtain  machinery,  tools, 
etc. 

§824c.  Municipality’s  right  to  ac- 
quire lands  and  property  nec- 
essary to  said  system  ; con- 
demnation proceedings  there- 
fore; right  of  appeal  therefrom 
by  owners. 

§824d.  Removal  of  obstructions  to 
sewerage  system  ; cost  of  ad- 
justing private  drains  and 
sewers  to  be  borne  by  Mayor 
and  City  Council. 

§824e.  Work  costing  over  a certain 
sum  to  be  done  by  contract  ; 
tests  of  eligibilit}'  for  positions 
under  Sewerage  Commision. 

§824f.  City  to  issue  bonds  to  pro- 
vide money ; “New  Sewerage 


System  Fund’’;  annual  appro- 
priations in  Ordinance  of  Es- 
timates ; city  to  lay  tax  to  re- 
deem stock. 

§824g.  Owners  to  connect  house 
drains  with  system  as  com- 
pleted; owners  to  keep  drain- 
age connections  free. 

§824h.  City  Librarian  to  preserve 
records,  etc.,  of  Sewerage 
Commission. 

SHERIFF’S  FEES. 

825.  What  fees  allowed. 

STOCKS,  LOANS  AND  FINANCE. 

826.  To  indorse  bonds  of  Baltimore 
and  Eastern  Shore  Railroad 
Company;  proviso  as  to 
amount. 

E lectrical  Com  m issio  n . 

§826 A.  Million  dollar  loan  to  carry 
out  extensions  provided  for  in 
certain  ordinances. 

Municipal  Lighting  Pla7it. 

§826b.  City  to  issue  bonds  for  ; to 
submit  ordinance  to  people. 

STREETS,  BRIDGES  AND 
HIGHWAYS. 

Opening  Streets. 

827.  Decree  of  Court  for  payment 
into  court  of  damages  awarded 
to  persons  not  sui  juris ; such 
payment  to  release  city  from 
further  liability. 

828 . N otice  by  advertisement  before 
ordinance  shall  be  passed  un- 
der section  6 of  this  Article  ; 
map  of  proposed  improve- 
ments to  be  prepared. 

829.  Notice  of  object  of  ordinance 
to  be  advertised. 

830.  Who  shall  be  treated  as  owner 
of  property. 


MISCELI.ANEOUS  EOCAE  EAWS. 


37 


831.  Opening  according  to  division 
among  joint  owners. 

832.  All  streets  to  be  public  high- 
ways when  opened. 

833.  Assessment  of  cost  of  cleaning 
private  wharves  and  streets. 

Grades  of  Streets. 

§833a.  Establishing  street  and  alley 
grades. 

§833b.  City  Surveyor’s  compensa- 
tion for  same. 

834.  Alteration  of  grade  on  cer- 
tificate of  Commissioner  of 
Health. 

835.  Status  of  turnpikes  in  City 
limits. 

836.  Conditions  of  acceptance  of 
bed  of  Eutaw  Place  extended. 

837.  Tracks  on  streets  crossing 
said  street  not  prohibited. 

North  Avenue. 

838.  North  Avenue  to  be  a public 
street. 

York  Road. 

§838a.  Prohibiting  cobble  stone 
and  macadam  paving  thereon. 

Bridges  and  Highways. 

839.  Uncompleted  county  bridges 
in  annex  to  be  completed  by 
city  ; Long  Bridge  is  to  be 
kept  in  repair  by  city. 

840.  Opening,  etc.,  of  streets,  etc, 
in  Baltimore,  to  conform  to 
plan  of  Topographical  Survey 
Commission  ; said  Commis- 
sion to  make  rules,  etc. 

841.  Title  of  Mayor  and  City 
Council  to  streets  in  annex. 


Annex  Improvement  Loan  and 
Commission. 

§841a.  City  to  issue  stock  to  im- 
prove Annex  ; ordinance  auth- 
orizing same  to  be  approved 
by  legal  voters. 

§841b.  Annex  Improvement  Com- 
mission ; compensation  of 
members  ; secretar}^  ; his  sal- 
ary ; power  to  employ  assist- 
ants. 

§841c.  Other  powers  of  Commis- 
sion. 

§841d.  To  secure  maps,  etc.,  for 
its  guidance. 

§841  e.  Commission  to  act  as  agent 
for  municipality  in  acquiring 
property  necessary ; authority 
of  Mayor  and  City  Council  to 
condemn  property. 

§841f.  Abutting  property  owners 
liable  for  cost  of  sidewalks. 

§841g.  Authority  of  Commission 
to  contract  and  employ  help. 

§841  h.  Mayor  and  City  Council  to 
provide  for  sewerage  and 
drainage  in  Annex. 

§841i.  Commission  to  turn  over 
portions  of  work  as  completed. 

§841  j.  Commissioners  for  opening 
streets  may  act  in  their  capa- 
city. 

‘ ‘ Paving  Co'tnmission  and 

$5,000,000  Paving  Loayi  ” 

§841k.  Paving  Commission  to  be 
appointed  by  Mayor  ; Mayor 
to  be  member  thereof,  ex- 
otficio ; its  term  of  office ; 
when  appointments  to  Com- 
mission may  be  made  by 
Mayor  without  confirmation ; 
qulifications  and  removals  ; 
vacancies,  how  to  be  filled ; 


38 


CITY  OF  BATTIMORF. 


Commission  to  serve  without 
compensation,  except  chair- 
man ; organization  of  Com- 
mission ; salary  of  chairman  ; 
dis  duties  ; secretary  ; salary 
and  duties  of  secretary  ; meet- 
ings of  Commission. 

§841 1.  Commission  to  grade,  pave, 
etc.,  streets,  etc.,  of  City; 
to  adopt  plan  for  this  pur- 
pose ; to  have  all  necessary 
powers  ; powers  conferred 
upon  Commission  enumer- 
ated ; preliminary  work ; to 
plan  street  improvements  to 
do  the  work  of  grading  and 
making  necessary  pavements, 
etc.;  proviso  as  to  plans  of 
Sewerage  Commission  ; to 
utilize  existing  public  im- 
provements where  expedient; 
to  employ  necessary  experts, 
agents,  assistants  and  labor; 
to  require  indemnity  bonds ; 
City  Engineer  to  be  chief 
engineer ; to  make  rules  and 
regulations , contracts  ; to 
obtain  machinery  and  tools. 

§841  m.  Acquisition  of  property 
to  further  improvements;  pro- 
cedure in  case  condemnation 
proceedings  are  resorted  to. 

§841n.  Individuals  and  corpora- 
tions required  to  adapt  their 
buildings,  structures,  works, 
conduits,  mains,  drains,  etc., 
to  the  plan  of  improvements 
contemplated  under  this  Act; 
penalty  for  refusal. 

§841o.  Contracts  to  be  awarded  in 
accordance  with  sections  14 
and  15  of  Charter  ; labor  of 
residents  to  be  preferred 
where  practicable;  when  day 
labor  may  be  employed;  merit 
system  in  selection  of  em- 
ployes; may  reject  all  bids. 


§841p.  Stock  issue  not  exceeding 
five  million  dollars  author- 
ized ; not  more  than  one 
million  to  be  issued  annually; 
sinking  fund;  appropriations; 
manner  of  disbursing  appro- 
priations made  for  the  work 
of  Commission;  issue  of  stock 
to  be  approved  by  legal  voters; 
sinking  fund  to  be  created. 

§841q.  Assessment  of  cost  of  im- 
provements contemplated  by 
Act;  cost  of  cross  streets;  how 
assessments  are  to  be  paid; 
lien  of  assessments;  collection 
of  assessments;  notice  and 
hearing  in  fixing  assessments; 
appeals;  Mayor  and  City 
Council  of  Baltimore  to  pass 
necessary  ordinances  to  effec- 
tuate objects  of  this  section; 
application  of  money  derived 
from  assessments. 

§841  r.  Street  railway  companies  to 
pave  space  between  tracks 
and  two  feet  on  either  side 
thereof  of  streets  occupied  by 
their  tracks  and  this  Act  not 
to  modify  their  existing  legal 
obligations. 

§841s.  Duties  and  powers  of  cer- 
tain heads  of  departments  to 
continue  as  at  present  and 
streets  when  completed  are  to 
be  turned  over  to  care  of 
proper  officials;  provisions  for 
closing  work  of  the  Commis- 
sion . 

§841t.  Repeal  of  Act  1900,  ch.  523. 

§841u.  Mayor  and  City  Council 
authorized  to  enter  into  an 
agreement  for  the  disposal  of 
street  sweepings,  dirt,  ashes, 
garbage,  etc. 

SURVEYOR. 

842.  Plat  of  city  to  be  evidence. 


MISCETvIyANEOUS  EOCAIv  EAWS. 


39 


TAXES. 

Limitations. 

843.  All  taxes  to  be  collected  within 
four  3^ ears. 

TENANT  FOR  YEARS  OR  LESS 
OR  AT  WILL. 

844.  Notice  to  “tenant  from  3^ear 
to  3^ear.” 

845.  Notice  to  tenant  for  less  than 
a year. 

846.  Notice  to  tenant  at  will  or 
otherwise. 

847.  Tenant’s  notice  to  landlord. 

848.  Notices  to  be  in  writing;  ser- 
vice of  notice. 

849.  What  notice  shall  contain. 

850.  Rights  of  landlord  under 
notice. 

851.  Special  notice  by  agreement. 

852.  Jurisdiction  of  Justices  of 
the  Peace. 

853.  Service  of  summons. 

854.  Interrogatories  to  tenant. 

855.  Answers  of  tenant ; when  to 
be  made  ; effect  of  failure  to 
answer ; further  time  for 
answering. 

856.  Service  of  interrogatories. 

857.  Damages  against  tenant  when 
judgment  in  favor  of  landlord. 

858.  Damages  when  judgment  for 
tenant. 

859.  Tenant  holding  over  after  I 

notice  to  quit  to  pa}-^  double  j 
rent.  j 

860.  Appeals  to  City  Court;  appeal  | 

bond.  I 

861.  City  Court  has  jurisdiction 

only  on  appeal.  | 


862.  No  reversal  for  error  of  form. 

863.  Appeals  to  be  tried  at  first 
term. 

864.  Rights  of  representatives  of 

lessor  and  lessee. 

VAGRANTS.  PAUPERS,  BEG- 
GARS, VAGABONDS  AND 
DISORDERLY  PERSONS. 

865.  Warrant  for  arrest  of  such  to 
issue  upon  information. 

866.  Pauper  defined;  habitual  beg- 
gar; vagrant. 

867.  Police  may  on  request  arrest 
without  a warrant. 

868.  Place  to  which  pauper,  beg- 
gar, etc.,  to  be  committed  ; 
proviso  as  to  aged  or  infirm. 

869.  Place  of  commitment  in  dis- 
cretion of  judge. 

870.  Officers  of  places  of  commit- 
ment shall  detain  such  persons 
for  term  committed. 

871.  Emplo3'ment  to  be  provided 
for  persons  committed. 

872.  Period  of  detention  for  first, 
second  and  subsequent 
offenses. 

873.  Supervisors  of  Citv  Charities 
to  make  rules  and  regulations 
for  corrective  institutions. 

874.  Notice  to  parents  of  arrest  of 
vagrant  minors. 

875.  Minors  may  be  apprenticed. 

876.  Minors  defined. 

877.  Concurrent  jurisdiction  of 
Orphans’  Court  over  minors. 

878.  Criminal  Court  may  tr}'  vag- 
rants and  beggars  ; jury  trial 
if  demanded. 


40 


CITY  OF  BALTIMORE. 


879.  Jury  trial  of  cases  brought  , 
before  Justice  of  the  Peace  or 
Orphans’  Court. 

880.  Fees  for  issuing  and  serving 
warrants  and  commitments; 
costs  against  informer  on 
acquittal. 

VAGRANT,  DEPENDENT  AND 
VICIOUS  CHILDREN. 

881.  Minors  in  saloons,  dance- 
halls,  etc.;  penalty  for  propri- 
etor admitting  such  minors. 

882.  When  parent  or  custodian  of 
children  deemed  incapable  of 
their  care. 

883.  Vagrant,  dependent,  vicious 
children  defined  ; arrest  and 
commitment  of  such  children; 
proviso  as  to  children  selling 
newspapers. 

884.  Penalty  for  persons  pretend- 
ing to  be  parents. 

Boy’s  Home. 

885.  Objects  of  Boy’s  Home  So- 
ciety. 

St.  Martha’s  Episcopal  House. 

§885a.  Mayor  and  City  Council  to 
make  annual  appropriation 
for. 

886.  Certain  institutions  named  to 
have  powers  conferred  by 
General  Law  on  juvenile 
institutions. 

886a.  Supreme  Bench  to  appoint 
probation  officers;  their  sala- 
ries; to  be  deemed  officers  of 
the  various  courts ; to  have 
authority  of  conservators  of 
the  peace. 


886b.  Duties  of  probation  officers; 
to  visit  juvenile  institutions. 

WAITRESSES  IN  PLACES  OF 
PUBLIC  AMUSEMENT. 

900.  Their  employment  or  presence 
in,  prohibited. 

901.  Penalt}q  forfeiture  of  license 
and  fine  or  imprisonment. 

WATER. 

Lake  Roland,  Reservoirs  and  Dams. 

902.  Penalty  for  pollution  of  res- 
ervoirs, etc. 

903.  Penalty  against  erection  of 
any  agency  of  pollution. 

904.  Penalty  for  injury  to  water 
system. 

905.  Recovery  of  penalties  im- 
posed. 

906.  Collection  of  fines  not  to  affect 
right  of  action  for  damages. 

PROVISOES  LIMITING  THE  OP- 
ERATION AND  EFFECT  OF 
THIS  ARTICLE. 

Section  2.  Not  to  affect  or  impair 
vested  rights ; Proviso  as  to 
rights  repealable  or  revocable 
before  this  Act  ; effect  of 
Charter  on  pending  suits  and 
actions. 

Section  3.  Effect  of  Act  upon  ex- 
isting law  ; Acts  of  1898  un- 
impaired by  this  Act ; extra 
territorial  effect  of  Act  de- 
fined. 

Section  4.  Effect  of  Act  on  tenure 
of  office. 


CHARTER. 


MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE. 

Corporate  Name,  Power  to  Hold  Property,  Annex. 

P.  L.  L.,  (1^^60)  Art.  4,  sec.  1.  P.  L.  L.,  (1888)  Art.  4,  sec.  1. 

1.  The  inhabitants  of  the  City  of  Baltimore  are  a 
corporation,  by  the  name  of  the  ‘ ‘Mayor  and  City  Council  corporate^ 
of  Baltimore,  ’ ' and  by  that  name  shall  have  perpetual  suc- 
cession, may  sue  and  be  sued,  may  purchase  and  hold  real, 
personal  and  mixed  property  and  dispose  of  the  same  for 

the  benefit  of  said  city,  as  herein  provided,  and  may  have 
and  use  a common  seal,  which  may  be  altered  at  pleasure.  * 

Ma}'or  & C.  C.  of  Balto.  v.  State,  15  Md.  376.  State  Graves,  19  Md. 

351.  Horn  v.  Mayor  & C.  C.  of  Balto.,  30  Md.  218.  Pumphrey  v. 

Mayor,  &c.,  of  Balto.,  47  Md.  145.  Ireton  v.  Mayor,  &c.,  of  Balto.,  61 
Md.  432.  Dugan  v.  Mayor,  &c.,  of  Balto.,  70  Md.  1.  Balto.  City  v. 
Merryman,  86  Md.  591.  Balto.  City  v.  Gorter,  93  Md.  6.  Davidson  v. 

Balto.  City,  96  Md.  511.  Balto.  City  v.  Beck,  96  Md.  190. 

P.  D.  L.,  (I860)  Art.  4,  sec.  2.  P.  L.  D.,  (1888)  Art.  4,  sec.  1. 

1888,  ch.  III. 

2.  All  the  property  and  franchises  of  every  kind  be- 
longing to,  or  in  possession  of  the  Mayor  and  City  Council  corporate 
of  Baltimore  are  vested  in  said  corporation.  The  said  cor- 
poration  may  receive  in  trust,  and  may  control  for  the 
purposes  of  such  trust  all  moneys  and  assets  which  may 

have  been  or  shall  be  bestowed  upon  it  by  will,  deed  or 
any  other  form  of  gift  or  conveyance  in  trust  for  any  gen- 
eral corporate  purpose,  or  in  aid  of  the  indigent  poor,  or 
for  the  general  purposes  of  education  or  for  charitable 
purposes  of  any  description  within  the  said  city,  and  the 


*Note. — As  to  powers  of  the  municipal  corporation  generally,  see, 
M.  & C.  C.  of  Balto.  V.  Howard,  20  Md.  335.  Mayor,  &c.,  of  Balto. 
V.  Poultney,  25  Md.  107.  Mayor,  &c.,  of  Balto.  v.  Groshon,  30  Md.  436. 
Hagerstown  v.  Sehner,  37  Md.  180.  Groff  v.  Mayor,  44  Md.  67.  Mayor, 
&c.,  of  Balto.  V.  Reitz.  50  Md.  574.  Heiskell  v.  Mayor,  65  Md.  148. 
State  V.  Rowe,  72  Md.  548.  Lake  Rol.  Elv.  R.  R.  Co.  v.  Balto.,  77  Md. 
352.  Revell  v,  Annapolis,  81  Md.  1.  M.  & C.  C.  of  Balto.  v.  Keeley 
Inst.,  81  Md.  106.  Mealey  v.  Hagerstown,  92  Md.  741.  Packard  v. 
Hayes,  94  Md.  233.  Murdoch  v.  Strange,  99  Md.  104.  Cambridge  v. 
Water  Co.,  99  Md.  502. 

See  note  to  sec.  1,  Art.  1 (Statutes)  City  Code  (1879.) 


42 


MAYOR  AND  CITY  COUNCIL. 


said  corporation  may  dispose  of,  in  the  manner  and  upon 
^andTispo^se  torms  in  this  Article  provided,  any  property  belonging 

of  same.  it. 

Exrs.  of  McDonough  v.  Murdoch,  15  Howard  413.  Darlington  v. 
Mayor  & C.  C.  of  Balto.,  51  Md.  1.  Gregg  v.  Mayor  & C.  C.  of  Balto., 
56  Md.  256.  Barnuni  v.  Mayor  & C.  C.  of  Balto.,  62  Md.  275.  David- 
son V.  Balto.  City,  96  Md.  511.  Cf.,  Johnson  v.  Frisbie,  29  Md.  76. 
Kilpatrick  v.  Mayor,  81  Md.  179. 

P.  L.  L.,  (1888)  Art.  4,  sec.  4.  1888,  ch.  98. 

3.  All  the  provisions  of  the  Constitution  of  the  State 
and  of  this  Article  shall  be  applicable  to  the  portions  of 
Baltimore  County,  which,  under  the  terms  and  provisions 
of  the  Act  of  1888,  Chapter  98,  have  been  annexed  to  the 
City  of  Baltimore.  All  streets,  avenues  or  alleys  lying  in 
any  portion  of  Baltimore  County,  which,  under  the  provi- 
sions of  said  Act  of  1888,  Chapter  98,  became  a part  of 
Baltimore  City,  and  which  shall  have  been  legally  con- 
demned as  streets  under  the  provisions  of  the  Acts  of 
Assembly  of  Maryland  relating  to  streets  in  Baltimore 

Annei”  ^ County,  shall  be  held  to  be  validly  constituted  streets  of 
Baltimore  City  in  all  respects  as  if  the  same  had  been  leg- 
ally condemned  as  such  by  the  Mayor  and  City  Council  of 
Baltimore  ; and  all  proceedings  for  the  laying  off,  opening, 
grading  and  construction  of  streets,  avenues  or  alleys, 
which  shall  have  been  begun  under  Article  3,  of  the  Public 
Local  Laws,  title  “Baltimore  County,^’  sub-title  “Streets, 
shall  be  proceeded  with  and  completed  under  said  Article 
and  sub-title.  * 

Daly  V.  Morgan,  69  Md.  460.  Chilton  v.  Brooks,  71  Md.  452.  Mur- 
giondo  V.  Hoover,  72  Md.  12. 

1888,  ch.  98.  P.  L.  L.,  (1888)  Art.  4,  sec.  5. 

4.  Until  the  year  nineteen  hundred,  the  rate  of  taxation 
for  City  purposes  upon  all  landed  property  situated  within 
the  said  territory  annexed  to  Baltimore  City  by  the  Act  of 
1888,  Chapter  98,  and  upon  all  personal  property  liable  to 


*NoTK. — As  to  effect  of  Annexation  Act  on  rights  of  turnpike  compa- 
nies in  bed  of  streets  in  annexed  territory  and  powers  of  the  Mayor  and 
City  Council  of  Baltimore  in  relation  to  streets  occupied  by  such  com- 
panies, see^ 


.MAYOR  AND  CITY  COUNCIL. 


43 


taxation  in  said  territory,  whether  owned  by  persons,  cor-^Tn^ex.'° 
porations  or  otherwise,  and  upon  which  taxes  would  be 
paid  to  Baltimore  County,  if  said  territory  had  not  been 
annexed  to  the  said  City,  shall  at  no  time  exceed  the  tax 
rate  of  Baltimore  County  for  the  year  eighteen  hundred 
and  eighty-seven ; and  until  the  year  nineteen  hundred 
there  shall  not  be,  for  the  purpose  of  City  taxation,  any 
increase  in  the  present  assessment  of  such  property  as  it  is 
now  assessed  ; and  all  property  in  the  said  territory  which 
is  not  now  assessed,  but  which  may  be  within  the  same  period 
liable  to  assessment,  shall  be  assessed  at  the  same  rate  as 
similar  property  is  now  assessed  in  said  territory ; and 
during  the  said  period,  up  to  the  year  nineteen  hundred, 
the  City  of  Baltimore  shall  expend  within  said  territory 
an  amount  at  least  equal  to  the  amount  of  revenue  derived 
from  taxation  on  the  basis  herein  set  forth  from  the  said 
territory,  in  affording  to  the  residents  within  said  territory 
the  rights  and  privileges  accorded  to  and  enjoyed  by  the 
residents  within  the  other  wards  of  said  city  ; but  nothing 
in  this  section  shall  be  so  construed  as  to  require  the  ex- 
penditure by  said  City  of  any  greater  sum.  From  and 
after  the  year  nineteen  hundred,  the  property,  real  and 
personal,  in  the  said  territory  so  annexed  shall  be  liable  to  taxation  not 
taxation  and  assessment  in  the  same  manner  and  form  as  ed  until  after 
similar  property  within  the  other  wards  of  said  City  may 
be  liable  ; provided,  however,  that  after  the  year  nineteen 
hundred,  the  Baltimore  County  rate  of  taxation  for  the 
year  eighteen  hundred  and  eighty-seven  shall  not  be  in- 
creased for  City  purposes  on  any  landed  property  within 
said  territory  until  avenues,  streets  or  alleys  shall  have  been 
opened  and  constructed  through  the  same,  nor  until  there 
shall  be  upon  every  block  of  ground  so  to  be  formed,  at 
least  six  dwelling  or  store  houses  ready  for  occupation. 


Baltimore  & Jerusalem  Turnpike  Co.,  v.  Mayor  &C.  C.  of  Balto.,  Daily 
Record,  April  24,  1890.  Roberts  v.  Loyola  Perm.  Bldg.  Asso.,  74  Md.  1. 
Murphy  V.  McEney,  77  Md.  80.  Mayor  & C.  C.  of  Balto.,  v.  Turnpike 
Co.,  80  Md.  541.  Ulman  v.  Charles  St.  Ave.  Co.,  83  Md.  138.  Park 
Tax  Ca.se,  84  Md.  1.  Baltimore  City  tj.  Broumel,  86  Md.  155.  U.  Rys 
Co.  V.  Hayes,  92  Md.  490.  Upshur  v.  Baltimore,  94,  Md.  754.  Balto. 
City  V.  Balto.  Co.  Water  & Elec.  Co.,  95  Md.  241. 


44 


MAYOR  AND  CITY  COUNCIL. 


Daly  V.  Morgan,  69  Md.  460.  Sindall  v.  Mayor  & C.  C.  of  Balto.,  93 
Md.  526.  U.  Rys.  & Elec.  Co.  v.  Balto.  City,  93  Md.  630.  Balto.  Belt 
R.  R.  Co.  V.  Baltimore,  93  Md.  638.  Goebel’s  Case,  93  Md.  749. 
Kuenzel’s  Case,  93  Md.  750.  Gittings  v.  Baltimore,  95  Md.  420.  Balti- 
more City  V.  Poole,  97  Md.  71,  72.  Joestings  v.  Balto.  City,  97  Md.  590. 
Cf.^  Groff  V.  Mayor,  44  Md.  67.  Baltimore  v.  Rosenthal,  102  Md.  298. 
Hiss  M.  & C.  C.  of  Balto.,  Daily  Record,  July  10,  1906,  to  be  re- 
ported in  103  Md. 


1902,  ch.  130. 

4A.  And  it  is  hereby  enacted,  that  the  terms  “landed 
property,  ’ ' ‘ until  avenues,  streets  or  alleys  shall  have  been 
opened  and  constructed,  ’ ’ and  ‘ ‘block  of  ground,  ’ ^ as  used 
Terms ’’landed  in  the  preceding  section,  shall  be  construed  as  follows: 
^Sftifave-  “landed  property’’  shall  be  construed  to  mean  real  estate, 
“bSi  of  ^ whether  in  fee  simple  or  leasehold,  and  whether  improved 
ground  ” de-  unimproved  ; “until  avenues,  streets  or  alleys  shall  have 
been  opened  and  constructed,  ’ ’ shall  be  construed  to  mean, 
until  avenues,  streets  or  alleys  shall  have  been  opened, 
graded,  kerbed  and  otherwise  improved  from  kerb  to  kerb 
by  pavement,  macadam,  gravel,  or  other  substantial 
material ; the  words  ‘ ‘avenues,  ’ ’ ‘ ‘streets,  ’ ’ and  ‘ ‘alleys,  ’ ’ 
being  herein  used  interchangeably;  “block  of  ground” 
shall  be  construed  to  mean  an  area  of  ground  not  exceed- 
ing two  hundred  thousand  superficial  square  feet,  formed 
and  bounded  on  all  sides  by  intersecting  avenues,  streets 
or  alleys,  opened,  graded,  kerbed  and  otherwise  improved 
from  kerb  to  kerb  by  pavement,  macadam,  gravel  or  other 
substantial  material  as  above  provided  ; provided,  however, 
that  nothing  in  this  section  shall  be  construed  to  affect  the 
tax  levy  for  the  year  nineteen  hundred  and  two. 

United  Railways,  etc.  Co.  v.  Baltimore  City,  93  Md.  630.  Joestings  v. 
Baltimore  City,  97  Md.  591.  Storck  v.  Baltimore  City,  101  Md.  476. 
M.  & C.  C.  of  Balto.  z/.  Rosenthal,  102  Md.  298.  Hiss  z/.  M.  & C.  C.  of 
Balto.,  103,  Md , Dail}^  Record,  July  10,  1906. 


*NoTE: — Landed  Property . Property  in  a section  of  the  City  com- 
pletely built  up  and  enjoying  advantages  of  property  in  the  old  City 
limits  is  not  “landed  property’’  within  the  meaning  of  the  Foutz  Act, 
and  must  be  taxed  as  property  within  the  old  City  limits. 

Hiss  V.  Ma}'or  and  City  Council  of  Baltimore,  Daily  Record,  Febru- 
ary 8,  1906. 


GENERAI,  POWERS. 


45 


P.  Iv.  L.,  (1888)  Art.  4,  sec.  6.  1888,  ch.  98.  1890,  ch.  468. 

5.  The  annexation  to  the  City  of  Baltimore  of  the  terri- 
tory described  in  the  Act  of  1888,  Chapter  98,  shall  not 
affect  the  right  of  any  turnpike  or  toll-road  company  here- 
tofore chartered  by  this  State  from  collecting  tolls  upon  ^ 
such  parts  of  their  said  roads  as  lie  within  said  territory, 
nor  shall  any  provision  in  the  charter  of  said  companies 
which  prohibits  the  erection  of  a toll  gate  within  one  mile 
of  Baltimore  City,  operate  to  require  the  removal  of  any 
toll-gates  now  located  within  said  territory.  But  the 
Mayor  and  City  Council  of  Baltimore  shall  have  the  power 
to  purchase  or  condemn  from  said  companies  such  portions 
of  their  several  turnpike  roads  as  lie  within  the  City,  or  to 
arrange  with  the  said  companies  for  the  removal  of  their 
turnpike  gates  beyond  the  City  limits,  and  to  appropriate 
such  sums  of  money  as  may  be  necessary  to  carry  out 
these  objects. 

M.  & C.  C.  of  Baltimore  v.  Turnpike  Co.,  80  Md.  541.  Ulman  27. 
Charles  St.  Ave.  Co.,  83  Md.  138. 

GENERAL  POWERS. 

6.  The  Mayor  and  City  Council  of  Baltimore  shall  have 
full  power  and  authority: 

Baltimore  City  v.  Gorter,  93  Md.,  1. 


(1)  BUILDINGS. 

P.  L.  L.,  (1860)  Art.  4.  secs.  29,  823,  864,  943.  P.  L.  T.  (1888)  Art.  4, 
secs.  121-124.  1892,  ch.  10.  1904,  ch.  616.  1906,  ch.  797. 

To  direct  in  what  part  of  Baltimore  City,  buildings  of 
wood  shall  not  be  erected.  To  regulate  and  establish  Sf^rop! 
the  size  of  bricks  that  are  to  be  used  in  the  houses  to  be  teril?s”ln(f 
built  in  the  City  of  Baltimore.  To  provide  for  the  entry  into 
and  the  examination  of  all  dwellings,  lots,  yards,  enclosures 
and  buildings,  cars,  boats  and  vehicles  of  every  descrip- 
tion; to  ascertain  their  condition  for  health,  cleanliness  and 
safety.  To  regulate  the  building  and  maintenance  of  party 
walls,  partition  fences,  parapet  and  fire  walls,  smoke  flues, 
fire  places,  hot  air  flues,  boilers,  kettles,  smokestacks  and 


46 


GENERAI.  POWERS. 


stove-pipes.  To  provide  for  and  regulate  the  safe  con- 
struction, inspection  and  repairs  of  all  private  and  public 
buildings  within  the  City;  and  to  compel  the  consumption 
of  smoke,  and  make  such  regulations  as  may  be  deemed 
necessary  to  prevent  the  same  from  becoming  deleterious 
or  offensive  to  health.  To  take  down  and  remove,  or  make 
^r^ove^din-"^  secure  any  and  all  buildings,  walls,  structures  or 

fu™s“or¥e™''’ s^P^^structures^  at  the  expense  of  the  owners  thereof, 
Sej^to^make  that  are  or  may  become  dangerous,  or  to  require  the 
owners  or  their  agents  to  take  down  and  remove  them  or  put 
owners.  them  in  a safe  and  sound  condition  at  their  own  expense; 

to  make  any  and  all  costs  and  expenses  incurred  in  and 
about  the  taking  down  and  removal,  or  making  safe  and 
secure,  of  all  buildings,  walls,  structures,  or  super- 
structures as  aforesaid,  a lien  upon  the  interests  of  the 
owners  in  the  land  or  improvements,  or  both  and  to  provide 
for  the  enforcement  of  such  liens  by  sale  of  the  property, 
To  regulate  the  whether  real  or  personal.  To  regulate,  restrain  or  prohibit 
of  wooden°”  the  erection  of  wooden  or  frame  buildings  within  the 
andlhe^eW  present  limits  of  the  City,  and  to  remove  the  same  at  the 
pah- of  bSid- owners’  expense  when  erected  or  suffered  to  remain  con- 
trary  to  law  or  ordinance.  To  regulate  the  height, 
construction  and  inspection  of  all  new  buildings  hereafter 
erected  in  said  City;  and  the  alteration  and  repairs  of  any 
buildings  already  erected  or  hereafter  to  be  erected  in  said 
City,  and  the  ordinance  regulating  the  construction  and 
inspection  of  buildings  in  said  City  passed  by  the  City 
ord.  146,  of  Council  and  approved  by  the  Mayor,  October  23rd  1891,  is 
1891  legahz-  authorized  and  legalized  in  the  same  manner  as  if 

full  authority  had  been  given  by  the  General  Assembly  for 
the  passage  of  the  same  prior  to  its  enactment.  To  regu- 
^wlthhf which  late  the  limits  within  which  it  shall  be  lawful  to  erect  any 
foTba?-w'in-  steps,  porticos,  bay-windows,  bow- windows,  show-windows, 
maTbe^erect- awnings,  signs,  columns,  piers,  or  other  projections  or 
relating  structural  ornaments  of  any  character  for  the  houses  front- 

met”^  ing  on  any  of  the  streets,  lanes  or  alleys  of  said  City ; 

provided,  however,  that  within  that  part  of  Baltimore  City 
actually  consumed  by  the  Great  Fire  of  February  7 and  8, 
1904,  it  shall  be  unlawful  to  erect  upon  the  streets,  lanes  and 
alleys  of  the  City,  between  the  grade  of  the  sidewalk  and  a 


CARRIAGES. 


47 


point  ten  feet  above  such  grade,  any  such  awnings,  steps, 
porticos,  bay-windows,  bow-windows,  show-windows,  signs, 
except  signs  placed  against  buildings  and  not  extending 
more  than  two  inches  therefrom,  column,  pier  or  other 
projection,  or  structural  ornament  of  any  character. 

Ma)^or  V.  Radecke,  49  Md.  217.  Garrett  v.  Janes,  65  Md.  260. 

Townsend,  Grace  & Co.  v.  Epstein,  93  Md.  537.  Bostock  v.  vSains,  95 
Md.  400.  Storck  v.  Mayor,  etc.,  Baltimore,  101  Md.  476.* 

(2)  CARRIAGES. 

P.  Iv.  L.  (I860)  Art.  4,  Secs.  138,  139.  863  ; 1880,  Ch  69.  P.  L.  E. 

(1888)  Art.  4,.  Secs.  132-134. 

To  license  and  regulate  all  carriages  and  other  ve-  Power  to 
hides  owned  or  used  for  the  purpose  of  business  or  pleas- 
ure, and  also  all  hackney  coaches,  carriages,  carts,  drays, 
omnibuses,  wagons  and  other  vehicles,  kept  for  hire  or 
hired  in  said  City , and  also  to  license  and  regulate  the  em- 
ployment of  all  hackmen,  draymen,  wagoners,  carters, 
porters  and  watermen,  plying  for  hire  within  the  limits, 
and  to  pass  all  necessary  and  proper  regulations  respecting 
the  same;  provided,  however,  that  all  revenue  arising  from 
said  licenses  shall  be  applied  to  the  paving  or  repaving  of  the  Hackney  car- 
public  highways  of  the  City.  Every  carriage,  coach  or 
other  vehicle  moved  by  horses  or  other  animal  power,  which 
shall  be  used  for  the  conveyance  of  persons  within  the  City 
of  Baltimore  for  hire  or  compensation,  shall  be  deemed  a Breadth  of 
hackney  carriage.  To  regulate  the  breadth  of  the  wheels 
of  wagons,  carts  and  drays  to  be  used  for  hauling  burdens 
on  the  streets  of  said  City,  but  such  regulations  shall  not 
affect  persons  hauling  produce  to  said  City. 

Vansant  Harlem  Stage  Co.,  59  Md.  330.  State  Rowe,  72  Md. 

552.  Mason  <i/.  Cumberland,  92  Md.  451. 

*Note  ; In  the  Storck  case,  above  cited,  the  Act  1904,  ch.  616,  was 
declared  inoperative  as  to  that  part  of  the  city  outside  of  the  “Burnt 
District’’.  The  first  proviso  in  section  6 of  the  City  Charter,  title 
General  Powers,  sub-title  Buildings,  as  re-enacted  by  said  Act,  was 
declared  void  for  uncertainty,  and  the  second  proviso  thereof  void  as 
being  arbitrary  and  unreasonable.  The  object  of  the  Act  1906,  ch.  797, 
was  to  modify  the  paragraph  relating  to  buildings  so  as  to  conform  to 
the  decision  of  the  Court  of  Appeals  in  the  Storck  case. 

For  further  cases  relating  to  building  matters  covered  by  the  para- 
graph of  section  6 in  relation  to  buildings,  see, — 

Barry  v.  Edlavitch,  49  Md.  217.  Dorsey  v.  Habersack,  84  Md.  117. 

Serio  v.  Murphy,  99  Md.  545. 


48 


GENERAL  POWERS. 


Sweeping 

Chimneys. 


Powers  of  Mu- 
nicipality to 
condemn  pri- 
vate property 
for  public  use. 


Notice  to  own- 
ers of  proper- 
ty so  taken. 


Appeals  from 
valuations. 


Damages  and 
benefits 
through  con- 
demnation. 


(3)  CHIMNEYS. 

P.  L.  E.  (1860)  Art.  4,  Sec.  150.  P.  L.  L.  (1888)  Art.  4,  Sec.  148. 

To  license  and  regulate  the  sweeping  of  chimneys  and 
fix  the  rates  thereof,  and  to  regulate  the  sweeping  of  any 
chimney  by  the  neglect  of  which  the  City  may  be  endang- 
ered, and  to  ascertain  and  regulate  the  width  of  those  to 
be  built  in  the  City. 

(4)  CONDEMNATION  OF  PROPERTY. 

1892,  Ch.  307  ; P.  L.  L.  (1888)  Art.  4,  Sec.  148  A.  1906,  Ch.  397. 

1906,  Ch;  402. 

To  acquire,  by  purchase  or  condemnation,  any  land  or 
any  interest  therein,  which  it  may  require  for  school-houses, 
engine-houses,  court-houses,  markets,  streets,  bridges  and 
their  approaches,  the  establishment  or  enlargement  of 
parks,  squares,  gardens  or  other  public  places,  or  for  any 
other  public  or  municipal  purpose,  and  may  provide  such 
methods  of  condemnation  of  any  land  or  property,  or  inter- 
est therein,  situated  wholly  or  partly  within  the  City  of 
Baltimore,  as  it  may  deem  proper ; under  such  procedure 
: as  it  may  adopt,  it  shall  provide  for  reasonable  notice  to 
the  owner  or  owners,  and  for  appeals  to  the  Baltimore 
City  Court,  by  any  person  interested,  including  the  Mayor 
and  City  Council  of  Baltimore,  from  the  decision  of  any 
commissioners  or  other  persons  appointed  to  value  any  such 
land  or  property,  or  interest  therein.  Nothing  herein  con- 
tained shall  be  construed  as  depriving  the  City  of  any  power 
of  condemnation  for  any  purpose  already  vested  in  it. 

The  Mayor  and  City  Council  of  Baltimore  shall  have  full 
power  and  authority  to  provide  by  ordinance  for  ascertain- 
ing whether  any,  and  what  amount  of  benefits  will  accrue  to 
the  owner  or  possessor  of  any  ground  or  improvements 
within  the  City  of  Baltimore,  by  reason  of  the  establish- 
ment or  enlargement  of  any  parks,  squares,  gardens  or 
other  public  places,  for  which  said  owner  or  possessor 
ought  to  pay  compensation,  and  to  provide  by  ordinance 
for  assessing  or  levying  the  amount  of  such  benefits  on  the 
property  of  persons  so  benefited ; provided  that  provision 
is  made  therein  for  reasonable  notice  to  the  person  or 
persons  against  whom  such  benefits  are  to  be  assessed,  and 


CONDEMNATION  OF  PROPERTY. 


49 


provided  that  provision  be  made  for  appeals  to  the  Baltimore 
City  Court  by  any  person  or  persons  interested,  including 
the  Mayor  and  City  Council  of  Baltimore  from  the  decision  of 
any  Board,  Commissioners,  or  other  persons  appointed  or 
authorized  to  assess  such  benefits. 

Condemnation  of  Property  for  Esplanades  and  the  Like.  - 
To  acquire  by  purchase  or  condemnation  any  land  or 
property  in  Baltimore  City,  or  any  interest  therein,  which  purposes  for 
it  may  require  for  establishing  esplanades,  boulevards,  park  pe^^may'  be 
ways,  park  grounds,  and  public  reservations  in,  around  and  condemned, 
leading  to  public  buildings,  and  for  the  purpose  of  re-sell- 
ing such  land  with  reservations  in  the  deeds  of  such  resale 
as  to  the  future  use  of  said  lands  so  as  to  protect  public 
buildings  and  their  environs  and  to  preserve  the  view,  ap- 
pearance, light,  air  and  usefulness  of  public  grounds, 
occupied  by  public  buildings  and  esplanades  and  park  ways 
leading  thereto,  and  may  provide  such  methods  of  condem- 
nation of  any  such  land  or  property  or  interest  therein 
situated  within  the  City  of  Baltimore  as  it  may  deem  pro- 
per ; provided,  however,  that  all  the  provisions  as  to 
reasonable  notice  and  appeals  contained  in  the  next  pre- 
ceding paragraph  of  this  section  shall  likewise  be  appli- 
cable to  this  paragraph  of  this  section. 

O’Brien  v.  Baltimore  Belt  R.  R.  Co.,  74  Md.  375.  Gluck  v.  Mayor, 
etc.,  Balto.,  81  Md.  315. 


*NOTE.  — Wharves  and  Docks:  Condemnation  of  wharfage  and  dock- 

age rights.  Valuation  of  franchise  right  of  wharfage,  right  of  appellants 
to  dock  its  own  vessels  at  its  wharf  and  the  right  of  access  to  such  wharf 
over  navigable  water.  Held  that  it  is  impossible  to  segregate  these 
elements  for  purposes  of  valuation  separately  in  the  condemnation  of 
same  for  public  improvements. 

Mayor  & C.  C.  of  Balto.  v.  Balto.  &Phila.  Steamboat  Co.,  Daily 
Record,  February  1,  1906. 

Condemnation  of  Property:  In  this  connection,  see  also  Baltimore  v. 

Rice,  73  Md.  307  ; Van  Witzen  v.  Gutman,  79  Md.  411  ; Shanfelter  v. 
Mayor,  etc.,  80  Md.  483. 

For  recent  cases  relative  to  parties  entitled  to  compensation  when 
land  is  condemned  for  municipal  purposes,  see, 

Mayor,  etc.  Hagerstown  v.  Groh,  101  Md.  560.  Baltimore  City  v. 
Latrobe,  101  Md.  625. 


50 


GENERAL  POWERS. 


(5)  FIRE. 

P.  L.  L.  (1860)  Art.  4,  Secs.  29,  30,  236-238,  249.  1878,  ch.  120. 

1884,  ch.  312.  1886,  ch.  463.  1888,  ch.  393.  P.  L.  L.  (1888) 

Art.  4,secs.  312-315C,  324,  328.  1894,  ch.  190. 

Power  of  the  To  establish  and  regulate  fire  wards  and  fire  companies, 
City  Council.  and  all  matters  pertaining  to  the  prevention  and  extin- 
guishment of  fires.  To  appropriate  a sum  of  money  an- 
nually for  the  relief  of  disabled  and  superannuated  firemen, 
for  the  relief  of  the  widows  and  children  of  firemen  who 
have  been  killed  in  the  discharge  of  duty,  and  to  provide 
^^firemen!°  by  general  ordinance  for  giving  pensions  to  employees  of 
the  Baltimore  Fire  Department  who  may  become  unable  to 
perform  further  service,  by  reason  of  age,  or  other  physi- 
cal or  mental  disabilities.  To  retire  from  office  in  the  Fire 
Retiring  mem-  Department  any  permanent  or  called  member  thereof  who 
has  become  permanently  disabled  while  in  the  actual  per- 
formance of  duty,  or  has  performed  faithful  service  in  the 
department  for  a period  of  not  less  than  twenty  consecu- 
tive years,  and  placing  the  member  so  retired  upon  a pen- 
sion roll,  the  amount  of  annual  pension  to  each  pensioner 
to  be  an  amount  equal  to  one-half  the  yearly  amount 
then  being  received  by  him,  for  service  in  said  department 
at  the  time  of  such  retirement,  per  annum,  payable  in 
monthly  installments.  To  appropriate  annually  such  sums 
of  money  as  shall  be  sufficient  to  pension  all  such  members 
of  the  Fire  Department  as  shall  be  upon  the  pension  roll. 
To  regulate  the  evil  and  pernicious  practice  of  firing  or  dis- 
^ crafkirs  pro-  charging  crackers  within  the  limits  of  said  City,  either  by 
hibited.  prohibiting  sale  of  the  crackers  or  otherwise.  To  erect 
and  provide  magazines  for  the  storage  of  gunpowder 
storage  of  Gun- brought  to  the  City  and  to  compel  the  storage  of  same 
powder.  therein,  and  to  regulate  the  price  of  said  storage.  To  reg- 
ulate the  storage  of  naval  stores  and  other  combustible 
Naval  Stores,  matter  in  such  quantities  or  in  such  places  in  the  City  as 
may  be  deemed  dangerous.  To  provide  for  the  inspection 
of  oils  or  fluids  made  from  petroleum  or  its  products,  to  be 
°froS  petroie-  used  for  illuminating  purposes,  offered  for  sale  in  the  City 
of  Baltimore,  and  for  the  appointment  of . inspectors  for 
that  purpose,  and  to  impose  such  fines  and  penalties  as  it 
may  deem  necessary  and  proper  in  the  premises.  To  fix 


HARBOR,  DOCKS  AND  WHARVES. 


51 


by  ordinance  the  standard  or  flashing  point  of  oils,  or  fluids 
made  from  petroleum  or  its  products,  used  for  illuminating 
purposes,  and  off  ered  for  sale  in  said  City,  and  to  provide 
for  the  inspection  of  the  same,  and  for  the  appointment  of 
inspectors  for  that  purpose. 

(6)  FISH. 

To  regulate  the  sale  or  disposition  of  fish  within  the  limits 
of  the  City  of  Baltimore  ; to  impose  fines  or  penalties  for 
the  violation  of  any  regulation  it  may  establish. 

(7)  FRUITS,  MEATS,  VEGETABLES  AND  OTHER 
ARTICLES. 

P.  Iv.  Iv.  (1888)  Art.  4,  sec.  646A.  1890,  ch.  100. 

To  license  and  regulate  the  sale  of  fresh  fruits,  meats,  to  license  and 
vegetables  and  all  other  perishable  articles  in  the  City  of 
Baltimore. 

(8)  HARBOR,  DOCKS  AND  WHARVES. 

P.  E.  L.,  (1860)  Art.  4,  secs.  263,  264,  265,  266,  271,  272,  793,  794,  796, 

944,  945.  1880,  ch.  418.  1884,  cli.  230.  1884,  ch.  309.  1888,  ch.  261. 

P.  E.  E.,  (1888)  Art.  4,  secs.  343,  344,  346-350,  355-357,  367-368. 

To  provide  for  the  preservation  of  the  navigation  of  the 
Patapsco  river  and  tributaries,  including  the  establish- 
ment of  lines  outside  the  limits  of  said  City  and  within preserve 
four  miles  thereof,  beyond  which  no  pier,  bulkhead  or  of^uikhlld 
wharf  may  be  built  or  extended,  ‘ and  for  cleaning  and 
deepening  the  harbor,  docks  and  basin,  and  for  regulating 
the  stationing,  anchoring  and  mooring  of  vessels,^  and 
to  make  such  rules  and  regulations  from  time  to  time  re- 
specting same ; to  make  surveys  or  charts  of  the  basin, 
harbor  and  river  Patapsco,  and  to  ascertain  the  depth  and 
course  of  the  channel  of  same,  and  if  necessary,  affix  buoys 
or  water  marks  for  facilitating  and  rendering  more  safe  the 
navigation  thereof.  To  prohibit  any  person  or  persons 
from  throwing  into  the  Patapsco  river  or  any  of  the 
branches  thereof,  any  earth,  sand  or  dirt,  or  laying  out  on 
the  beach  or  shore  of  said  river,  below  common  high-water 
mark,  any  earth,  sand  or  dirt,  unless  such  earth,  sand  or 
dirt  be  first  well  secured  by  stone  walls,  dove  tailed  log 
pens,  or  otherwise,  so  that  no  part  thereof  may  wash  into 

’ Classen  v.  Chesapeake,  81  Md.  258. 

^ M.  & C.  C.  of  Balto.  V.  St.  A^nes  Hospital,  48  Md.  419. 


52 


GKNERAI.  POWERS. 


To  preserve  and  Hver  OP  the  braiiches  thereof.  ‘ To  cause  the  basin 
alfd  hafbin  harboF,  and  such  parts  thereof  as  it  may  deem  proper, 
to  be  cleansed,  scoured,  cleared  and  ballasted,  and  all  ob- 
structions in  and  upon  the  same,  whether  from  vessels 
sunken  or  any  other  cause,  to  be  removed,  and  may  levy 
reasonable  port  fees  on  every  vessel  entering  or  clearing 
from  said  port.  To  make  such  regulations  as  it  may  deem 
^wh7rSS^  proper  respecting  wharves  and  wharfage,  and  the  keeping 
of  wharves  in  repair,  so  as  to  prevent  their  injuring  the 
harbor  and  basin,  and  for  preventing  vessels  from  casting 
filth  or  ballast  into  the  same,  and  to  prevent  filth,  earth 
or  soil  from  being  thrown  from  the  wharves  or  land  into 
said  basin  or  harbor,  so  as  to  fill  up  the  same  or  obstruct 
Fines.  fhe  navigation  thereof.  To  impose  such  fines  for  the 
breach  of  any  ordinance  or  ordinances  passed  in  conformity 
therewith,  not  exceeding  one  hundred  and  fifty  dollars. 
To  assess,  levy  and  collect  on  every  thousand  feet  of  lum- 
ber floating  into  or  arriving  at  the  Port  of  Baltimore  and 
Tax  on  lumber,  ^^shed  therein,  a sum  not  exceeding  thirty  cents  per  thou- 
sand feet,  board  measure  (except  all  lumber  floating  into 
or  arriving  at  said  port  for  the  purpose  of  being  sawed  in 
said  City  or  its  vicinity,  and  all  timber  to  be  used  for  masts, 
spars  and  wharfing  timber),  to  be  appropriated  and  ap- 
plied by  the  Mayor  and  City  Council  of  Baltimore  for  carry- 
ing into  effect  the  rules  and  regulations  which  it  may  from 
Appointment  time  to  time  make  respecting  said  harbor  and  port.  To 
provide  for  the  appointment  of  as  many  Harbor  Masters, 
or  other  officers  or  agents  as  may  be  necessary  to  execute 
the  foregoing  powers.  To  collect  or  impose  a tax,  duty, 
^texesr couec- toll  or  wharfago  upon  any  goods,  wares  or  merchandise,  or 
tion  of  same,  articlos,  f or  passing  the  same  over  any  of  the  public 

wharves  within  the  City  of  Baltimore,  and  the  said  corpo- 
ration may  regulate  the  time  during  which  any  goods, 
wares,  merchandise  or  other  articles  may  remain  on  said 
public  wharves,  or  the  time  which  the  vessels,  boats  or 
scows  taking  in  or  discharging  such  goods,  wares  or  mer- 
chandise shall  remain  at  said  wharves.  To  regulate,  estab- 
lish and  collect  such  rate  of  wharfage  as  it  may  think  reason- 
able from  all  vessels  resorting  to,  lying  at,  depositing  or 

’ Garritee  v.  M.  & C.  C.  of  Balto.,  53  Md.  422. 


HEALTH. 


53 


transporting  goods  or  articles  on  any  wharf  belonging  to 
the  City,  or  any  public  wharf  in  said  City,  other  than 
wharves  belonging  to  or  rented  by  the  State,  and  that  part 
of  Pratt  Street  wharf  reserved  for  the  use  of  the  State. ' 

1 Harrison  v.  Sterett,  4 H.  & McH.  540.  Giraucls’  Lessee  v.  Hughes, 

1 G.  & J.  249.  Dugan  v.  Mayor,  5 G.  & J.  357.  Bernard  v.  Torrence,  5 
G.  & J.  394.  Wilson  v.  Inloes,  11  G.  & J.  351.  Casey’s  Lessee  v.  Inloes, 

1 Gill  430.  Mayor,  etc.  v.  White,  2 Gill  444.  The  wharf  case,  3 Bland 
361.  Baltimore  v.  McKim,  3 Bland  453.  Hammond’s  Lessee  v.  Inloes, 

4 Md.  138.  Patterson  v.  Gelston.  23  Md.  443.  Broadway,  etc.  Co.  v. 

Hankey,  31  Md.  346.  Page  v.  Mayor,  34  Md.  558.  Garrittee  z^.  Mayor, 

53  Md.  422.  McMurray  v.  Mayor,  54  Md.  103. 

(9)  HEALTH. 

P.  L.  L.  (I860)  Art.  4,  Sec.  797.  1886,  ch.  396.  1890,  ch.  509. 

P.  L.  L.  (1888)  Art.  4,  Secs.  378  and  400. 

To  preserve  the  health  of  the  City.  To  prevent  and  re- 
move nuisances.  To  prevent  the  introduction  of  contag-  c!?*of  Baiu- 
ious  diseases  within  the  City,  and  within  three  miles  of  the 
same  upon  land,  and  within  fifteen  miles  thereof  upon  the 
navigable  waters  leading  thereto.  To  regulate  the  places 
of  manufacturing  soap  and  candles,  the  erecting  of  slaugh- 
ter houses  and  distilleries,  and  where  every  other  offensive 
trade  may  be  carried  on.  To  regulate  the  construction,  and^^s'e'o” 
care,  use  and  management  of  tenement  houses,  lodging  h?us?s^.“ 
houses  and  cellars  in  the  City  of  Baltimore,  for  the  better 
protection  of  the  lives  and  health  of  the  inmates  dwelling 
therein.  * 

Harrison  n).  Mayor,  &c.,  1 Gill  264.  Mayor  Brannan,  14  Md.  221 . 

N.  C.  Ry.  Co.  V.  Baltimore,  21  Md.  105.  Altvater  Baltimore,  31  Md. 

466.  Mayor,  &c.,  v.  Radecke,  49  Md.  217.  Boehm  n).  Mayor,  &c.,  61 
Md.  259.  State  nj.  Mott,  61  Md.  297.  Deem.s  Mayor  & C.  C.  of 
Balto.,  80  Md.  170.  Cochrane  Frostburg,  81  Md.  54.  Hagerstown  n). 

Witmer,  86  Md.  293.  Balto.  Fairfield  Improvement  Company,  87 

Md.  352. 


^Decisions  Defining  the  Powers  of  a Municipal  Corporation  in  Relation 
to  Public  Health,  Safety  and  Similar  Police  Powers. 

HEALTH  ORDINANCES. 

Power  of  Municipal  Corporation  to  pass  same.  It  is  not  for  Courts  of 
Justice  to  say  that  a given  enactment  passed  by  the  Legislature  in  virtue 
of  the  police  power,  and  having  a direct  relation  to  it  is  void  for  unrea- 
sonableness; but  whenever  power  has  been  delegated  by  the  Legislature 


54 


GENERAIv  POWERS. 


(10)  HOSPITALS. 

P.  h.  Iv.,  (1860)  Art.  4,  sec.  31.  P.  L.  E.,  (1888)  Art.  4,  sec.  409. 
of  correction  To  erect  or  establish  houses  of  correction,  almshouses, 

tions  for  care  reformatories,  hospitals  or  pest-houses,  within  or  without 
ment  of  indi-  the  City,  if  necessary,  and  make  all  regulations  for  the 
gent  poor,  government  of  the  same. 

Baltimore  City  Fairfield  Imp.  Co.,  87  Md.  352. 


(11)  INSPECTIONS, 

P.  E.  E.,  (1860)  Art.  4,  secs.  28,  942,  943.  P.  E.  E.,  (1888)  Art.  4,  secs. 

Power  to  regu-  425-427.  1894,  ch.  53.  1896,  ch.  273. 

late  inspec- 

weShtfs  and  ^0  establish  and  regulate  inspections  within  the  City, 
measures,  make  the  standard  of  weights  and  measures  the  same 

to  a municipal  corporation  to  adopt  and  promulgate  ordinances  for  the 
protection  of  the  public  health,  morals  or  safety,  the  reasonableness  of 
the  measures  enacted  by  the  municipality  is  a feature  to  which  the  courts 
look  to  see  whether  the  measure  is  within  the  power  granted. 

State  V.  Hyman,  98  Md.  618. 

INFECTIOUS  AND  CONTAGIOUS  DISEASES. 

Small  Pox.  Expenses  of  Disinfection. 

See.,  Harrison  Mayor,  1 Gill  264 
NUISANCES. 

Nuisances  Generally. 

There  is  no  prescriptive  right  to  maintain  a public  nuisance. 

P.  W.  & B.  R.  R.  Co.  State,  20  Md.  157.  N.  C.  Ry.  Co.  Balti- 
more, 21  Md.  105. 

As  to  duty  of  City  to  prevent  public  nuisances,  see, 

Mayor  nj.  Brannan,  14  Md.  221 . 

A private  individual  cannot  maintain  an  action  for  damages  resulting 
from  a public  nuisance  unless  he  suffers  some  special  injury.  The  remedy 
is  by  indictment. 

Harrison  Sterrett,  4,  H.  & McH.  550. 

A municipal  corporation,  without  any  general  laws,  either  of  the  City 
or  of  the  State,  within  which  a given  structure  can  be  shown  to  be  a 
nuisance,  cannot  by  a mere  declaration  that  it  is  one,  subject  it  to 
removal  b}^  any  person  supposed  to  be  aggrieved,  or  even  by  the  city 
itself. 

New  Windsor  x.  Stocksdale,  95  Md.  215. 

The  municipality  cannot,  by  merely  declaring  a structure  over  a 
dedicated  alley  not  yet  occupied  by  it,  a nuisance,  remove  the  same,  but 
the  fact  that  it  was  a nuisance  should  have  been  first  established  before 
a court  of  competent  jurisdiction. 

Frostburg  v.  Hitchins,  99  Md.  617. 


INSPECTION. 


55 


in  the  C;ty  of  Baltimore  as  in  the  rest  of  the  State,  and 
enforce  the  same  by  inspection.  To  regulate  and  fix 
assizing  of  bread.  To  provide  by  ordinance  for  the  proper 
inspection  of  milk  or  any  and  all  other  food  products 
offered  for  sale  in  the  City  of  Baltimore  or  intended  for 
consumption  therein;  to  make  and  from  time  to  time  to 
alter  such  regulations  in  regard  to  the  sale  of  milk  or  any 
or  all  other  food  products  as  to  it  may  seem  necessary  to 
protect  the  public  health;  and  to  provide  by  fine  of  not 
more  than  one  hundred  dollars  for  each  offense  for  the 
punishment  of  violations  against  such  regulations  and 
ordinances;  to  provide  for  such  number  of  inspectors  oi’^°„JpeSors^°^ 
analysts  as  it  may  deem  necessary,  and  to  fix  their  duties  analysts, 
and  compensation,  and  from  time  to  time  change  the 

Pai'ticular  Nuisances. 

Bawdy  House.  A bawdy  house  is  a public  nuisance  which  may  be  en- 
joined if  a continuing  nuisance  and  in  addition  a suit  for  damages  will 
lie  for  the  depreciation  of  property  resulting  from  its  maintenance. 

Hamilton  v.  Whitridge,  11  Md.  143. 

Bridge.  When  a defective  bridge  may  be  a nuisance, — 

See,  P.,  W.  & B.  R.  R.  Co.  State,  20  Md.  157. 

Buildings.  A dilapidated  building  or  wall,  menacing  the  users  of  the 
street  is  a nuisance. 

Murray  nj.  McShane,  52  Md,  217. 

Cattle  running  at  Large.  See, 

Cochrane  ‘u.  Frostburg,  81  Md.  54. 

Cess- pools  in  Towns.  See, 

Sprigg  V.  Garrett  Park,  89  Md.  410. 

Coasting  in  Streets  or  on  Sidewalks.  When  a nuisance  which  City  is 
bound  to  prevent;  see, 

Altvater  v.  Mayor,  31  Md.  466.  Taylor  v.  Cumberland  64,  Md.  68. 

Dogs  Running  at  Large.  Validity  of  ordinances  providing  for  kill- 
ing of  same  sustained. 

City  of  Hagerstown  v.  Witmer,  86  Md.  293. 

Drains.  Overflow  from  drains  flooding  lands,  see. 

Guest  V.  Commissioners  of  Church  Hill,  90  Md.  689. 

Elevated  Structures . Not  necessarily  a public  nuisance,  see, 

Garrett  v.  Lake  Roland  Elv.  R.  R.  Co.,  79  Md.  286. 

Fertilizer  Factory.  When  a nuisance.  Prescriptive  right  where 
plaintiff  “came  to  the  nuisance,”  discussed. 

Susquehanna  Fertilizer  Co.,  v.  Malone,  73  Md.  268. 


56 


GENERAI.  POWERS. 


number,  duties  and  compensation  of  said  inspectors  and 
^in%°ecUon°of  ^nalysts.  To  provide  by  ordinance  for  the  proper  inspection 
candy  Sctor-  bakcries,  bake  shops,  candy  factories,  confectioneries, 
ies,  &c.  or  other  places  for  the  manufacture  of  bread,  cakes,  con- 
fectionery and  similar  food  products,  for  the  purpose, 
more  especially,  of  ascertaining  their  sanitary  condition 
and  cleanliness,  and  for  the  purpose  of  ascertaining  the 
purity,  healthfulness  and  wholesomeness  of  the  flour, 
sugar,  butter,  lard  and  other  ingredients  used  in  making 
such  bread,  cakes,  confectionery  and  other  articles  of  food 
offered  for  sale  in  the  City  of  Baltimore,  or  intended  for 
consumption  therein;  to  make  and  from  time  to  time  alter 
such  regulations  or  ordinances  in  regard  to  the  sale  of  said 
food  products  as  to  it  may  seem  necessary  to  protect  the 

Ice  on  Footways,  Duty  and  liability  of  municipality  arising  therefrom 
discussed. 

Baltimore  v.  Mariiott,  9 Md.  174. 

Lime  Kilns.  A particular  use  of  property  declared  a nuisance  by  an 
ordinance  of  a municipal  corporation,  did  not  make  such  use  a nuisance, 
unless  it  be  so  in  fact,  according  to  the  common  law  or  statutory  defini- 
tion of  a nuisance. 

State  V.  Mott,  61  Md.  259. 

Livery  Stable,  Declared  not  to  be  a nuisance  per  se,  but  may  become 
so  by  its  construction  or  use. 

Commissioners  of  Easton  v.  Covey,  74  Md.  262.  Metropolitan  Savings 
Bank  v.  Manion,  87  Md.  68.  Gallegher  v.  Flury,  99  Md.  187. 

A stable  for  horses  is  not  a nuisance  per  se,  and  the  erection  of  one 
will  not  be  enjoined  merely  because  it  may  become  one  from  the  way  it 
may  be  managed. 

King  V.  Hamill,  97  Md.  107. 

Markets.  Duty  of  City  to  prevent  nuisances  in  markets.  Hole  in 
market  place. 

Mayor  v.  Brannan,  14  Md.  227. 

Navigable  Waters.  Obstruction  of  navigable  waters  of  Patapsco  by 
deposits  of  mud  and  sediments. 

Garrittee  z/.  M.  & C.  C.  of  Baltimore,  53  Md.  422. 

Noxious  Gases  from  Fertilizer  Factories,  see, 

Fertilizer  Co.  v.  Spangler,  86  Md.  562. 

Obstructions  in  Public  Streets,  constitute  a public  nuisance  and  the 
remedy  is  by  indictment. 

Fort  V.  Graves,  29  Md.  188.  Houck  v.  Wachter,  34  Md.  265. 

Offetisive  Trades,  Rules  for  determining  when  they  constitute  a 
nuisance. 

Horner  v.  State,  49  Md.  211 . 


jail. 


57 


public  health,  and  to  provide  by  fine  of  not  less  than^j^^^g 
twenty  dollars  nor  more  than  one  hundred  dollars  for  each 
offense  for  the  punishment  of  violations  against  such 
regulations  and  ordinances;  to  provide  for  such  number  of 
inspectors  and  analysts  as  it  may  deem  necessary,  and  to  inspectors, 
fix  their  duties,  qualifications  and  compensation.** 

state  V.  Broadbelt,  89  Md.  565. 

(12)  JAIL. 

1868,  ch.  3.  P.  L.  L..  (1888)  Art,  4,  sec.  536. 

To  own  regu- 

To  own,  regulate  and  control  the  Jail  of  Baltimore  City.  s?me.°“' 

As  to  whether  noises,  smell  and  the  like  physical  discomfortsarising 
from  the  prosecution  of  a commendable  and  necessary  trade  or  business 
will  be  treated  as  constituting  a nuisance,  see, 

Gibbons  v.  Becker,  Daily  Record,  February  21,  1893.  Cf.,  Berge  v. 

Baltimore,  Cemeter}^  Co.,  Daily  Record,  October  26,  1889. 

Pest  Houses.  Leprosy,  when  a nuisance,  see, 

Baltimore  City  v.  Fairfield  Imp.  Co.  87  Mcf.  352. 

Privies.  When  a nuisance,  see, 

Boehm  v.  Baliiniore,  61  Md.  259. 

Shade  Tr'ees.  Not  removable  by  a municipal  corporation  unless  they 
constitute  a nuisance. 

Frostburg  v.  Wineland,  98  Md.  239. 

Slaughter  Houses.  Blood,  offal  and  refuse  from  slaughter  houses  let 
into  a mill  race  rendering  water  offensive  and  impure  constitute  a public 
nuisance. 

Woodyear  v.  Henry  Schaefer,  57  Md.  1. 

Smoke,  Noxious  Vapor,  etc.  Smoke,  noxious  v^apor,  noise  and  vibra- 
tion productive  of  active  physical  discomfort  and  rendering  one’s  habi- 
tation unfit  and  unsafe  is  a nuisance,  though  the  business  may  be  lawful. 

Dittman  v.  Repp,  50  Mfl.  516. 

Smoke,  Noise,  Vibration.  Smoke,  steam  and  cinders  from  a chimney; 
when  a nuisance,  see, 

Lurssen  v.  Lloyd,  76  Md.  360.  Euler  v.  Sullivan,  75  Md.  616. 

Steam  Boiler.  Not  a nuisance  per  se.  An  ordinance  committing  to  an 
official  the  power  to  declare  a steam  boiler  a nuisance  and  to  demand  its 
removal  without  a provision  to  determine  whether  it  is  a nuisance  in 
fact,  is  void. 

Baltimore  v.  Radecke,  49  Md.  217. 

Toll  Gate.  A toll  gate  upon  a highway  unauthorized  is  a public 
nuisance.’ 

Schall  V.  Nusbaum,  56  Md.  512. 

*'’‘Note.  As  to  power  to  regulate  inspections  of  milk,  see. 

Deems  v.  Mayor  & C.  C.  of  Balto.,  80  Md.  164. 


58 


GENERAL  POWERS. 


(13)  JONES’  FALLS. 

1864,  ch.  163.  1870,  ch.  115.  1870,  ch.  113.  P.  L.  L.,  (1888)  Art.  4, 

secs.  574-578,  581,  582. 

Powers  of  M & make  such  improvements  in  connection  with  Jones’ 

c.  c.  to  im-  Falls  as  in  its  judgment  are  desirable,  and  for  this  purpose 
to  change  the  course,  lines  and  boundaries  of  said  stream, 
in  whole  or  part;  to  widen  and  deepen  the  same;  to  lay  out 
and  construct  on  the  sides  and  adjacent  to  said  stream, 
streets,  avenues  and  wharves;  to  construct  all  such  sewers 
and  drains  in  said  City  as  shall  be  deemed  requisite  in  con- 
nection with  said  improvement ; and  generally  to  do  all 
such  things,  and  exercise  all  such  powers,  as,  in  its  judg- 
ment, shall  be  necessary  to  be  done  and  exercised  for  the 
accomplishment  of  any  plans  for  the  improvement  of  Jones’ 
Falls  which  have  been  or  may  be  adopted  by  it.’  To 
have  power  at  any  time  to  acquire  all  property  of  every 
kind  and  description  which  may  be  necessary  or  advisable, 
in  its  judgment,  to  acquire,  for  the  accomplishment  of  the 
purposes  mentioned,  and  shall  moreover  have  full  power 
Acquisition  of  to  provide  for  the  ascertainment  of  the  value  of  all  pro- 
perty  and  rights  of  property  which  it  is  thus  authorized  to  ac- 
quire, and  to  ascertain  whether  any  and  what  amount,  in 
value,  of  damages  will  be  caused  by  the  construction  of  the 
aforesaid  works  of  improvement  in  connection  with  Jones’ 
Falls,  or  any  of  them,  to  the  owner  or  possessor  of  any 
property,  or  rights  of  property,  within  the  said  City,  for 
which  the  owner  or  possessor  ought  to  be  compensated, 
and  to  ascertain  what  amount  of  benefits  will  be  caused  by 
^ the  construction  of  the  aforesaid  works  of  improvement, 

or  any  of  them,  to  the  owner  or  possessor  of  any  property, 
or  rights  of  property,  for  which  said  owner  or  possessor 
ought  to  pay  a compensation,  and  to  provide  for  assessing 
or  levying,  either  generally  on  the  whole  assessable  pro- 
perty of  the  City,  or  especially  on  the  property  of  persons 
benefited,  the  whole  or  any  part  of  the  damages  and 
Benefits  and  ^xpenses  which  it  shall  be  ascertained  will  be  incurred  in 
be“s^sSse^  constructing  such  works  in  connection  with  the  improve- 
ment of  Jones’  Falls,  as  it  has  determined  or  shall  deter- 

1 Merrick  v.  Mayor,  43.  Mcl.  219.  Mayor,  etc.,  v.  Musgrave,  48 
Md.  272. 


JONES’  FAEES. 


59 


mine  to  make.  To  provide  for  granting  appeals  to  Appeals. 
Baltimore  City  Court  from  the  decision  of  any  Commis- 
sioners, or  other  persons  appointed  by  virtue  of  any 
ordinance,  to  ascertain  the  value  of  the  property  which 
the  City  may  wish  to  acquire  for  the  purposes  aforesaid, 
or  the  damages  which  will  be  caused,  or  the  benefits  which 
will  accrue,  by  the  construction  of  the  aforesaid  works  of 
improvement,  and  to  secure  to  every  owner  or  possessor 
of  any  property,  or  right  of  property,  which  it  may  thus 
purpose  to  acquire,  or  which  may  thus  be  decided  to  be 
damaged  or  benefited,  the  right  on  application  within  a 
time  to  be  prescribed  by  ordinance,  to  have  decided  by  a 
jury  trial,  the  true  value  of  the  property  proposed  to  be  ^ 
acquired  for  the  purposes  aforesaid,  and  whether  any  and 
what  damage  will  be  caused,  or  any  and  what  benefits 
will  accrue  to  the  owner  or  possessor  of  the  property  so 
assessed  for  damages  or  benefits  respectively,  and  to  Assessments  to 
provide  for  collecting  and  paying  over  the  amount  of  com-  collected, 
pensation  adjudged  to  each  person  entitled,  or  invest  it  in 
the  stock  of  the  said  City,  for  the  use  of  the  person  so 
adjudged  to  be  entitled  to  the  same,  and  to  provide  for 
collection,  by  the  sale  of  the  property  assessed,  or  other- 
wise, of  all  sums  assessed  as  benefits  aforesaid,  and 
generally  to  enact  and  pass  all  ordinances,  from  time  to 
time,  which  shall  be  deemed  necessary  and  proper  to 
exercise  the  powers  and  effect  the  objects  for  the  exercise 
and  accomplishment  of  which  this  paragraph  of  this  section  May  define 
is  passed.’  To  define  and  locate  the  limits  of  Jones’ 

Falls  within  the  City  of  Baltimore,  and  to  acquire  by 

purchase  or  condemnation,  under  proceedings  for  which 

provision  is  made  in  this  Article,  the  absolute  and  exclu-  Title  to  land'ac- 

sive  right  and  title  to  all  the  land  and  rights  of  property 

embraced  within  the  said  limits,  and  in  the  ground  covered 

by  all  streets  or  avenues  which  it  may  lay  out  and  condemn 

on  the  sides  of  the  stream,  and  it  shall  have  an  estate  in 

fee  simple  in  the  same.  It  shall  have  power  and  is  autho-  Wharves. 

rized  to  construct  wharves  or  quays  along  the  margin  of 

said  stream,  or  use  the  said  streets  or  avenues  for  wharf 

or  quay  purposes,  and  collect  tolls  or  wharfage  from  all 

^ Gregg  V.  Mayor,  56  Md.  256. 


60 


GENERAL  POWERS. 


Cost  of  grading- 
and  paving. 


Issue  of  Bonds 
to  amount  ot 
$2,500,000. 


To  compel  per- 
sons to  build, 
rebuild  or  re 
pair  walls. 


vessels  or  boats  using  the  same.  To  make  such  changes 
in  the  grades  of  the  streets  in  the  City  of  Baltimore  as 
shall,  in  its  judgment,  be  necessary  for  the  proper  con- 
struction of  works  connected  with  the  improvement  of 
Jones’  Falls,  which  it  may  determine  to  construct,  and  it 
shall  not  be  necessary,  in  order  to  make  such  changes  in 
the  grades  of  streets,  to  obtain  the  consent  of  any  of  the 
proprietors  of  the  ground  fronting  on  said  streets,  or  affected 
by  such  changes.^  To  make  such  provisions  as  it  shall 
deem  best  for  defraying  the  cost  of  grading  and  paving  of 
any  streets  or  avenues  which  it  may  lay  out  and  condemn 
along  the  margin  or  side  of  Jones’  Falls.  To  issue  bonds 
to  an  amount  not  exceeding  two  million  five  hundred 
thousand  dollars,  from  time  to  time,  as  the  same  may  be 
required  in  the  course  of  the  construction  of  the  works 
connected  with  the  improvement  of  Jones’  Falls,  for  the 
construction  of  which  provision  is  made  by  the  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore,  entitled,  “An 
ordinance  to  provide  for  the  improvement  of  Jones’  Falls 
within  the  limits  of  the  City  of  Baltimore,  and  to  open 
avenues  and  construct  sewers  on  the  borders  thereof,  ’ ’ the 
said  bonds  to  be  issued  in  sums  of  not  less  than  one 
hundred  dollars  each,  redeemable  in  thirty  years,  and 
bearing  interest  at  6 per  cent,  per  annum,  payable  quar- 
terly, transferable  as  other  City  bonds,  as  provided  in 
sections  one  and  two  of  an  ordinance  of  the  Mayor  and 
City  Council  of  Baltimore,  entitled,  “An  ordinance  to 
authorize  the  issuing  of  bonds  of  the  City  of  Baltimore, 
for  the  purpose  of  providing  means  for  the  improvement 
of  Jones’  Falls,”  approved  January  31,  1870;  provided, 
that  said  bonds  shall  not  be  issued  unless  the  last  mentioned 
ordinance  shall  be  approved  by  the  votes  of  a majority  of 
the  legal  voters  of  the  said  City,  cast  at  the  time  and 
places  provided  for  in  the  last  mentioned  ordinance.  To 
compel  any  individuals,  companies  or  bodies  politic,  owning 
property  binding  on  Jones’  Falls,  within  the  limits  of  the 
City,  to  wall  up  such  property,  so  far  as  the  same  may 
bind  on  the  falls,  with  a good  and  sufficient  stone  wall,  to 
such  height  as  in  its  judgment  the  public  good  may 

^ Gregg  V.  Mayor,  56  Md.  256. 


LICENSES—  MARKETS. 


61 


require,  and  to  have  the  same  backed  up  or  filled  in  with 
earth,  so  as  to  secure  the  same  and  the  adjacent  property 
from  danger  of  being  inundated  with  water;  and  whenever 
it  may  deem  necessary,  to  compel  individuals,  companies 
or  bodies  politic,  to  rebuild  or  repair,  in  a good  and  sufficient 
manner,  any  stone  wall  owned  by  them  and  binding  on 
Jones’  Falls  within  the  limits  of  the  City  of  Baltimore;  and 
should  any  individuals,  companies  or  bodies  politic  neglect 
or  refuse  to  wall  up  Jones’  Falls,  rebuild  or  repair  any 
such  wall  within  the  limits  of  the  City  of  Baltimore,  when  ^"urrclty^mly 
required  so  to  do,  the  said  City  may  cause  the  same  to  be  pen^e^f  own- 
done,  and  it  is  authorized  and  empowered  to  recover  the 
cost  of  such  wall,  rebuilding  or  repairing,  by  suit  at  law, 
from  the  party  who  may  have  refused  or  neglected  to 
build,  rebuild  or  repair  such  wall;  and  the  cost  of  such 
wall  shall  be  a lien  on  the  property  so  walled  up  or  re- 
paired. ' ** 

‘ M.  & C.  C.  of  Baltimore  v.  Lefferman,  4 Gill  425. 

See  Norwood  v.  Baker,  172  U.  S.  83. 

(14)  LICENSES. 

P.  L.  L.,  (1860)  Art.  4,  sec.  27.  1878,  ch.  414. 

1888,  ch.  495.  P.  L.  L.,  (1888)  Art.  4,  secs.  654,  657,  658,  664. 

To  license,  tax  and  regulate  all  businesses,  trades, 
avocations  or  professions.  To  license,  regulate,  tax  or  ^ ”0  ikense?^ 
suppress  hawkers,  peddlers,  brokers,  pawnbrokers,  intel- 
ligence offices,  street  exhibitions  or  fortune-tellers. 

State  V.  Applegarth,  81  Md.  293.  Salfner  v.  State,  84  Md.  301. 

*Cambridge  v.  Water  Co.,  99  Md.  501. 

(15)  MARKETS. 

P.  L.  L.,  (1860)  Art.  4,  secs.  631,  635,  638,  639,  640,  651. 

P.  L.  L.,  (1888)  Art.  4 secs.  671,  675,  678,  679,  680,  691. 

To  erect,  regulate,  control  and  maintain  markets  and 
stalls  within  the  City  of  Baltimore,  and  to  regulate  and  Councu  to 

regulate  and 

control  the  sale  of  all  goods,  wares,  merchandise  and  other  <^ontro\. 

**Notk  : In  Lefferman’s  case  above  cited,  it  was  held  that  Act  1.S21, 

ch.  252  on  same  subject  was  unconstitutional,  because  it  imposed  the 
whole  expense  of  a public  improvement  on  the  individual  immedi- 
ately benefited. 


62 


GBNERAI.  POWERS. 


Sale  and  lease 
of  stalls. 


Extension  of 
markets. 


To  condemn 
land. 


Distrain  for 
Rents. 


articles  therein.  * To  lease,  sell  or  dispose  of  any  stalls 
or  stands  in  any  market,  in  such  manner  and  upon  such 
terms  as  it  may  think  proper.^  To  contract  for,  pur- 
chase, lease  and  hold  to  it  and  its  successors,  in  fee  simple, 
or  for  a term  of  years,  renewable  from  time  to  time  for- 
ever, any  lands,  tenements,  and  their  appurtenances  in  the 
vicinity  of  any  market  for  the  purpose  of  extending  same. 
To  condemn  any  land  or  other  property  or  any  interest  in 
land  or  other  property  for  market  purposes  in  the  mode 
provided  in  this  Article.  To  levy  and  collect  all  costs, 
damages  and  expenses  incurred  by  the  condemnation  pro- 
ceedings aforesaid.  The  clerks  of  the  markets  shall  have 
full  power  and  authority  to  seize  by  distress  any  meats, 
vegetables  or  other  articles  upon  any  stall  or  stand  in  the 
market-houses  of  the  City  of  Baltimore,  if  the  person  or 
persons  owning  such  stall  or  stand  shall  not  pay  the  rent 
due  thereon,  and  they  shall  also  collect  all  fines  and  forfeit- 
ures imposed  by  this  Article  or  ordinances  relating  to  mar- 
kets, and  account  for  the  same  to  the  Mayor  and  City 
Council  of  Baltimore.  To  levy  and  collect  all  the  costs, 
damages  and  expenses  awarded  in  any  condemnation  pro- 
ceedings provided  for  in  this  Article,  for  the  extension  or 
construction  of  any  market  or  markets  in  the  City  of 
Baltimore.** 

1 state  V.  Rowe,  72  Md.  548. 

2 Mayor  v.  Brannan,  14  Md.  227.  Hatch  v.  Prendergast,  15  Md. 
251.  Musgrave  v.  Staylor,  36  Md.  124.  Rose  v.  Mayor,  51  Md.  256. 
Border  State  Savings  Bank  v.  Wilcox,  63  Md.  525.  Green  v.  Western 
Nat.  Bank,  86  Md.  290.  Pfefferling  v.  Balto.  City,  88  Md.  475. 
Cambridge  v.  Water  Co.,  99  Md.  503.  See  Baltimore  City  Code  (1879) 
page  622,  note. 


**NoTE  : Market  Stalls.  The  right  to  lease  the  stalls  and  stands  in 

any  market  in  any  manner,  and  for  any  term  they  may  think  proper  is 
an  exercise  of  municipal  powers  not  in  express  terms,  nor  by  fair  or 
reasonable  intendment,  conferred  upon  the  Mayor  and  City  Council  of 
Baltimore  by  sections  671  and  678  of  Article  4,  Code  Public  Eocal  Laws 
(now  sec.  6,  title  “General  Powers,”  sub-title  “Markets,”  of  the  City 
Charter). 

M.  & C.  C.  of  Balto.  V.  Grieves,  Daily  Record,  September  14,  1892. 


PARKS. 


63 


(16)  PARKS. 

1862,  ch.  29.  P.  L.  P.,  (1888)  Art.  4,  sec.  705.  1896,  ch.  366. 

To  establish,  maintain,  control  and  regulate  parks  or 
squares  in  the  City  of  Baltimore,  for  the  recreation  and 
benefit  of  its  citizens.  The  resolution  of  the  Mayor  and 
City  Council  of  Baltimore,  appointing  a commission  in  re- 
lation to  the  proposed  public  parks,  approved  June  4,  1860,  ^5une4°i86o, 
and  the  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more,  to  provide  for  a public  park  or  parks,  approved  June  confirmed. 
21,  1860,  are  confirmed  ; and  all  acts  done,  or  which  may 
hereafter  be  done,  by  the  said  Mayor  and  City  Council  of 
Baltimore,  or  the  officers  of  said  City,  or  the  Park  Commis- 
sion acting  under  the  provisions  of  the  said  resolution  and 
ordinance,  shall  have  the  same  effect  as  if  the  said  Mayor 
and  City  Council  of  Baltimore,  prior  to  the  passage  of  said 
resolution  and  ordinance,  had  been  expressly  empowered, 
by  Act  of  the  General  Assembly,  to  enact  a resolution  and 
ordinance  in  the  precise  terms  of  said  resolution  and 
ordinance,  and  to  provide  for  carrying  the  same  into  effect. 

All  the  rights,  privileges  and  authority  heretofore  granted 
by  ordinance,  to  the  Park  Commission,  are  hereby  trans- 
ferred to  the  Board  of  Park  Commissioners  as  constituted 
in  this  Article.  The  Board  of  Park  Commissioners  be  and  Rights  vested 
hereby  is  authorized  and  empowered,  upon  and  immediately  p"?k  c^m-^ 
after  the  execution  and  delivery,  by  the  owners  thereof,  “'®sioners. 
of  the  deed  hereinafter  referred  to,  to  the  Mayor  and  City 
Council  of  Baltimore,  to  assume  exclusive  jurisdiction  and 
control  over  the  public  highway  known  as  Green  Spring  Green  spring 
Avenue  Road,  extending  from  the  north  entrance  of  Druid 
Hill  Park,  through  parts  of  Baltimore  City  and  parts  of 
Baltimore  County,  to  the  Western  Run  bridge  in  Baltimore 
County,  with  full  power  in  said  Board  of  Park  Commis- 
sioners to  regulate  the  use  of  the  said  Green  Spring  Avenue 
Road  as  a highway,  and  to  prescribe  the  hours  when  and 
the  manner  in  which  manure  carts,  hay  wagons  and  all  or 
any  other  description  of  vehicles  may  use  the  same,  and  to 
prescribe  fines  and  penalties  for  the  violation  of  such  reg- 
ulations, in  the  same  manner  as  it  prescribes  fines  and 
penalties  for  violations  of  the  public  park  regulations. 


64 


GENERAL  POWERS. 


Deed  of  same. 


Board  to  have 
powers  set 
out  in  this 
Article. 


M.  & C.  C.  to 
make  neces- 
sary rules 
and  regula- 
tions for 
parks. 


Appropriation 
for  disabled 
and  super- 
annuated 
members. 


Power  to  pre- 
serve order, 
etc. 


The  owners  of  said  Green  Spring  Avenue  Road  are  hereby 
authorized  to  grant,  and  the  Mayor  and  City  Council  of 
Baltimore  are  hereby  authorized  to  accept  from  said  owners, 
a good  and  sufficient  deed  for  the  bed  of  said  road,  subject 
to  the  rights  of  the  adjacent  property-holders  to  use  the 
same  as  a highway.  From  and  immediately  after  the  ac- 
ceptance by  the  Mayor  and  City  Council  of  Baltimore,  of 
the  deeds  mentioned  above,  all  obligation  and  duty  upon 
the  part  of  either  the  owners  of  said  Green  Spring  Avenue 
Road  or  of  the  public  authorities  of  Baltimore  County,  to 
keep  or  maintain  said  road  in  repair,  shall  cease,  and  from 
and  immediately  after  said  time,  the  sole  obligation  to  keep 
and  maintain  said  road  in  repair,  shall  rest  upon  the  Mayor 
and  City  Council  of  Baltimore.  The  Board  of  Park  Com- 
missioners, as  herein  provided  for,  shall  have  all  the  rights, 
powers  and  authority  as  are  specifically  set  forth  in  this 
paragraph  of  this  section  and  elsewhere  in  this  Article, 
and  all  rights,  powers  and  authority  are  hereby  granted  to 
the  Mayor  and  City  Council  of  Baltimore  to  make  such 
other  and  further  rules  and  regulations  as  it  may  deem 
proper  for  the  maintenance  of  all  parks  and  squares  within 
the  City  of  Baltimore  not  inconsistent  with  this  Article. 

Mayor  & C.  C.  of  Baltimore  Reitz,  50  Md.  574.  Upshur  Balti- 
more City,  94  Md.  778.  See  notes,  Baltimore  City  Code,  (1879)  pp.  677- 
678  and  683. 

(17)  POLICE. 

To  appropriate  a sum  of  money  annually  for  the  relief 
of  disabled  and  superannuated  members  of  the  police 
force  of  Baltimore  City,  and  for  the  relief  of  widows  and 
children  of  policemen  who  may  be  killed  in  the  discharge 
of  duty. 

(18)  POLICE  POWER. 

P.  U.  L.,  (1860)  Art.  4,  sec.  32.  P.  L.  U.,  (1888)  Art.  4,  sec.  721. 

To  pass  ordinances  for  preserving  order,  and  securing 
property  and  persons  from  violence,  danger  and  destruc- 
tion, protecting  the  public  and  City  property,  rights  and 
privileges  from  waste  or  encroachment,  and  for  promoting 
the  great  interest  and  insuring  the  good  government  of  the 
City.  To  have  and  exercise  within  the  limits  of  the  City 


PEDDLERS — PUMPS,  FOUNTAINS  AND  SPRINGS. 


65 


of  Baltimore  all  the  power  commonly  known  as  the  Police 
Power  to  the  same  extent  as  the  State  has  or  could  exer- 
cise said  power  within  said  limits.  But  no  ordinance  here- 
tofore passed,  or  that  shall  hereafter  be  passed  by  the 
Mayor  and  City  Council  of  Baltimore,  shall  hereafter  con- 
flict or  interfere  with  the  powers  or  exercise  of  the  powers 
of  the  Board  of  Police  of  the  City  of  Baltimore,  heretofore 
created,  nor  shall  the  said  City,  or  any  officer  or  agent  of 
the  City,  or  of  the  Mayor  thereof,  in  any  manner  impede, 
obstruct,  hinder  or  interfere  with  the  said  Board  of  Police, 
or  any  officer,  agent  or  servant  thereof  or  thereunder. 

*Mayor  ex  rel.  nj.  Police  Board,  15  Md.  455.  Shafer  Mumma,  17 
Md.  331.  *Boelim  v.  Baltimore,  61  Md.  259.  *State  Mott,  61  Md. 
297.  Singer  ‘v.  State,  72  Md.  467.  *State  Rowe,  72  Md.  551. 
Trageser  n;.  Gray,  73  Md.  250.  *Lake  Roland,  etc.  R.  R.  Co.  nj.  Balto., 
77  Md  352.  *Deems  Mayor  & C.  C.  of  Baltimore,  80  Md.  173.  *M. 

& C.  C.  of  Balto.  Turnpike  Co.,  80  Md.  536,  545.  Cochrane Frost- 
burg,  81  Md.  54,  65.  "^Mayer  Hagerstown,  86  Md.  293.  *Bear  Creek 
Co.  V.  Balto.  City,  87  Md.  94.  Balto.  City Cowen,  88  Md.  447.  Poole 
<1^.  Falls  Road,  etc.  Co.,  88  Md.  533.  *Uphur  Balto.,  94  Md.  751, 

*Bostock  <1^.  Sams,  95  Md.  414,  415.  Frostburg  Hitchins,  99  Md.  627. 


(19)  PEDDLERS. 

1878,  ch.  414.  P.  L.  L.,  (1888)  Art.  4,  sec.  657.  1892,  ch.  90. 

The  Mayor  may  grant  permits,  upon  the  payment  of 
the  sum  of  seven  dollars  to  the  Comptroller,  to  such  num-  pe^dief 
ber  of  poor  persons  as  to  him  may  seem  proper,  to  peddle 
within  the  limits  of  the  City  of  Baltimore,  notions,  and 
small  wares  without  a license  ; provided,  that  the  stock  in 
trade  of  such  peddler  shall  not  exceed  twenty-ffve  dollars 
in  value,  and  the  said  Mayor  at  any  time  may  revoke  any 
such  permit. 

Banks  McCosker,  82  Md.  519. 


(20)  PUMPS,  FOUNTAINS  AND  SPRINGS. 

P.  L.  L..  (1860)  Art.  4,  sec.  823.  P.  L.  L.,  (1888)  Art.  4,  sec.  936. 

To  erect  and  regulate  pumps,  fountains  and  Springs, 
in  the  streets,  lanes  and  alleys  of  the  City  of  Baltimore. 


66 


GENERAL  POWERS. 


(21)  RAILROADS. 

P.  L.  L.,  (1860)  Art.  4,  sec.  856.  P.  L.  L.,  (1888)  Art.  4,  sec  762. 
1894,  ch.  210. 

On  application  or  assent,  in  writing,  of  the  owners  of 
of  tracks  on  the  major  part  in  extent  of  the  front  feet  of  the  lots  front- 
streets.  street,  or  part  of  street,  to  pass, 

subject  to  the  provisions  and  requirements  of  sections  37 
and  85  of  this  Article,  such  ordinances  as  shall  be  neces- 
sary for  the  construction  of  any  track  or  railway  of  a steam 
railroad  on  and  along  such  street ; to  permit  and  cause 
such  alteration  in  the  grade  of  such  street  as  may  be  nec- 
essary for  the  more  convenient  and  useful  construction  of 
May  assess  cost  such  railway  ; and  may  levy  and  assess  on  all  lots  fronting 
frontTng?ots.  on  such  Street,  or  part  of  street,  or  on  the  owners  of  such 
lots,  their  just  proportion  of  the  expense  of  such  construc- 
tion, and  enforce  payment  thereof ; provided,  notice  be 
given  to  such  owners  before  said  assessment  is  made,  with 
the  right  to  a hearing  as  to  the  propriety  of  the  same,  and 
the  further  right  of  a jury  trial  by  appeal  to  the  Baltimore 
City  Court,  and  the  proprietor  of  any  lot  in  front  of  which 
any  such  railway  shall  be  so  constructed,  and  the  just  pro- 
portion of  which  shall  be  paid  by  him,  shall  be  entitled,  at 
his  own  expense,  to  have  a convenient  siding  or  turn-out 
made,  to  enable  him  to  have  the  beneficial  use  of  such  rail- 
way. The  City  may,  whenever  the  public  interests  re- 
quire, revoke  the  privilege  granted  to  such  railroad  to  use 
said  street  or  part  of  a street,  upon  the  payment  to  such  rail- 
road of  the  actual  cost  of  construction  of  said  railway 
tracks,  and  upon  such  revocation  and  payment  aforesaid, 
the  said  railroad  shall  remove  all  its  tracks  from  said  street. 
To  require  street  passenger  railways  to  provide  proper 
fenders  to  their  cars  for  the  protection  of  human  life  and 
to  lessen  the  danger  thereto  arising  from  collisions  with 
such  cars,  and  to  enforce  said  requirements  by  such  fines 
and  penalties  as  may  be  prescribed  by  ordinance.  To  reg- 
ulate the  use  of  the  streets  by  street  railways.** 

**Note. — As  to  summoning  juries  and  other  matters  relating  to  in- 
quisitions in  condemnation  proceedings  instituted  by  railroad  compan- 
ies, see^ 

Belt  R.  R.  Co.  <v.  Turner,  Daily  Record,  March  27,  1890. 


Jury  trials. 


May  remove 
such  tracks. 


Fenders  on 
street  cars. 


To  regulate 
street  rail- 
ways. 


SCHOOLS. 


67 


N.  C.  R.  R.  Co.  ‘v.  Mayor,  21  Md.  93.  N.  C.  Ry.  Co.  %>.  M.  & C.  C. 
of  Balto.,  46  Md.  425.  Hodges  Balto.  P.  Ry.  Co.,  58  Md.  603.  N. 

Balto.  R.  R.  Co.,  ‘v.  N.  Avenue  R.  R.  Co.,  75  Md.  233.  N.  Balto.  Pass. 

R.R.  Co.  ‘T’.  Baltimore,  75  Md.  247.  Lake  Rol.  Kl.  R.  R.  Co.  v.  Balti- 
more, 77  Md.  352,  384.  Lake  Roland,  etc.  Co.  Webster,  81  Md.  529. 

Park  Tax  Case,  84  Md.  1.  Poole  <v.  Falls  Road  Ry.  Co.,  88  Md.  536, 

538.  United  Rys.  & Elec.  Co.  v.  Hayes,  92  Md.  490. 

(22)  SCHOOLS. 

1872,  ch.  377.  1884,  ch.  2.  P.  L.  L.,  (1888)  Art.  4,  secs.  776,  778,  779. 

To  establish  in  the  City  of  Baltimore,  in  conformity  ^ ^ ^ 

p /»  IT  Power  to  estab- 

with  the  provisions  of  this  Article,  a system  of- free  public  ush. 
schools,  which  shall  include  a school  or  schools  for  manual 
or  industrial  training.  To  pass  all  ordinances  for  the  pro-  ^ ^ 

tection  of  school  houses  and  property,  and  to  punish  any 
person  that  may  disturb  the  sessions  of  the  public  schools. 

To  levy  and  collect,  upon  the  assessable  property  in  the 
City  of  Baltimore  as  other  taxes  are  levied  and  collected.  Taxes  for  sup- 
such  amount  of  taxes  as  may  be  necessary  to  defray  all 
expenses  incurred  for  educational  purposes,  t 

School  Commissioners  v.  Board  of  Education,  26  Md.  505.  St.  Mary’s 
Industrial  School  v.  Brown,  45  Md.  310.  M.  & C.  C.  of  Balto.,  v. 

Weatherby,  52  Md.  442.  Hooper  z/.  New,  85  Md.  565.  Clark  v.  Md. 

Institute,  87  Md.  643.  Baltimore  City  z/.  Lyman,  92  Md.  591. 


As  to  general  law  limitation  to  right  of  railroads  to  pass  through  the 
City  of  Baltimore. 

W.  M.  Tidewater  R.  R.  Co.  Leonard,  Daily  Record,  June  15,1903. 

A street  railway  has  no  paramount  right  to  own  its  own  tracks  and  a 
grant  of  the  right  to  lay  such  tracks  is  subject  to  the  paramount  right  of 
the  city  to  interfere  with  the  same. 

City  & Snrburban  Ry.  Co.  ^v.  Brush  Elec.  Co.,  Daily  Record,  De- 
cember, 20,  1895. 

In  connections  with  powers  under  this  sub-title,  see  also, 

O’Brien  Balto.  Belt  R.  R.,  74  Md.  374.  dies.  & Pot.  Tel.  Co. 
McKenzie,  74  Md.  48.  Koch  <p.  N.  Ave.  R.  R.  Co.,  75  Md,  222.  Balto. 
City  <p.  Balto.  Trust  & Guar.  Co.,  166  U.  S.  673.  Green  v.  City  & Su- 
burban Ry.  Co.,  78  Md.  294.  Garrett  Lake  Rol.  El.  R.  R.  Co.,  79 
Md.  277.  Birch  Lake  Rol.  El.  R.  R.  Co.,  83  Md.  369.  Lake  Rol. 
El.  R.  R.  Co.  't'.  Hibernian  Society,  83  Md.  420.  Hooper  v.  Balto.  City 
Pass.  Ry.  Co.,  85  Md.  509.  Baltimore  ‘v.  Cowen,  88  Md.  454.  Central 
Ry.  Co.  <1;.  P.  W.  & B.  R.  R.,  95  Md.  439. 

fNoTE. — Compare  with  provisions  of  Code  P.  G.  L.,  Art.  77,  sections 
116-119. 


68 


GENERAL  POWERS. 


(23)  SEWERS. 

P.  E.  E.,  (1860)  Art.  4,  sec.  835.  1868,  ch.  181. 

P.  L.  L.,  (1888)  Art.  4,  secs.  792  and  794.  1906,  ch.  144. 


Power  to  con- 
struct. 


To  repair. 


To  condemn 
land  for  sew- 
ers. 


Regulate 

drainage. 


To  provide  for  construction,  opening,  enlarging  or 
straightening,  subject  to  the  provisions  herein  contained  as 
to  the  Board  of  Public  Improvements  and  Board  of  Esti- 
mates, any  sewer  or  drain,  public  or  private,  through  any 
private  property.  To  pave  and  keep  in  repair,  subj  ect  to  the 
provisions  herein  contained  as  to  the  Board  of  Public  Im- 
provements and  Board  of  Estimates,  all  necessary  sewers 
and  drains  and  to  pass  all  regulations  necessary  for  the 
preservation  of  the  same,  and  to  authorize  any  person 
appointed  by  it  or  by  the  Commissioner  of  Health  or  by 
the  City  Engineer,  as  hereinafter  provided,  for  that  pur- 
pose, to  enter  upon  the  lands,  grounds  or  possessions  of 
any  person  or  body  politic,  through  which  the  common 
sewers  or  private  sewers  or  drains  run  or  may  run,  to  ex- 
amine, inspect,  regulate,  make  or  repair  the  same,  such 
person,  when  not  otherwise  appointed  by  it  to  be  appointed 
by  the  Commissioner  of  Health,  if  the  sewer  or  drain  be  a 
private  sewer  or  drain,  though  connected  with  a public 
sewer,  so  far  as  said  private  sewer  or  drain  shall  be  upon 
private  property,  and  to  be  appointed  by  the  City  Engi- 
neer for  all  other  sewers  or  drains ; and  in  the  case  of 
private  sewers  or  drains,  the  regulations,  making  or  re- 
pairing of  the  same  to  be  at  the  expense  of  the  owners  of 
the  property,  real  or  leasehold,  served  by  said  sewers  or 
drains,  and  with  power  also  to  make  any  and  all  costs  and 
expenses  incurred  in  or  about  the  regulation,  making  or 
repairing  of  private  sewers  or  drains  a lien  upon  the  inter- 
ests of  the  owners  in  the  real  or  leasehold  property  served 
by  said  sewers  or  drains,  with  power  also  to  provide  for 
the  enforcement  of  such  liens  by  sale  of  the  property 
whether  real  or  leasehold  ; to  condemn  any  land  or  interest 
in  land  in  the  mode  provided  in  this  Article  for  the  use  of 
the  Mayor  and  City  Council  of  Baltimore  in  the  construc- 
tion of  any  sewers  or  sewerage  system  ; to  inspect  and 
regulate  house  drainage  and  sewerage  connections,  and  to 
prescribe  the  kind  and  quality  of  material  to  be  used  for 


SEWERS — SQUARES,  SPRINGS  AND  MONUMENTS. 


69 


such  purposes.  But  all  work  done  in  making,  repairing  or 
altering  within  private  property,  that  is,  not  in  any  public 
street,  public  lane,  public  alley  or  public  property,  any 
private  sewer  or  drain  or  waste  or  ventilating  pipe  con- 
necting with  a sewer,  either  public  or  private,  shall  be 
done  under  the  supervision  of  the  Inspector  of  Plumbing 
of  said  City  under  the  direction  of  the  Commissioner  of 
Health  and  under  a permit  from  the  Commissioner  of 
Health  or  his  authorized  assistant,  to  be  issued  only  to  any 
person  duly  qualified  to  do  such  work  under  said  Article  4 
of  the  Public  Local  Laws  of  Maryland,  said  permit  to  be 
issued  in  accordance  with  any  ordinances  now  existing  or 
which  may  hereafter  be  passed  by  the  Mayor  and  City 
Council  of  Baltimore  not  in  conflict  herewith,  or  in  accord- 
ance with  any  rules  which  may  be  adopted  by  said  Com- 
missioner of  Health  not  in  conflict  herewith  or  with  such 
ordinances.  No  other  permit  from  any  other  officer  what- 
ever shall  be  required  for  said  work  and  no  charge  shall  be 
made  by  the  Commissioner  of  Health  for  said  permit  or 
for  inspecting  the  work  done  thereunder.  No  charge  shall 
be  made  by  the  City  Engineer  or  any  other  officer  for  in- 
specting any  work  in  the  public  streets,  public  lanes  or 
public  alleys  of  said  City  done  in  connection  with  private 
sewers  or  house  drains. 

Kirby' Z'.  Citizens  Ry.  Co.,  48  Md.  168,  Kranz  v.  Mayor,  64  Md,  491. 
Hitchins  v.  Fro.stburg,  68  Md.  108.  Chesapeake  & Potomac  Tel.  Co.  v. 
McKenzie,  74  Md.  48.  Baltimore  City  v.  Schnitker,  84  Md.  43.  Balti- 
more City  V.  Cowen,  88  Md.  447.  Cahill  v.  Baltimore  City,  93  Md.  233. 

See  also,  Short  v B.  P.  C.  Ry.  Co,  50  Md.  73.  P.,  W.  & B.  R.  R.  Co. 

V.  Davis,  68  Md.  281.  Frostburg  v.  Duffy,  70  Md.  47.  Hitchins  v. 
Fro.stburg,  70  Md.  57.  Lion  v.  B.  C.  P.  Ry.  Co.,  90  Md.  266.  Guest 
Commissioners  Church  Hill,  90  Md,  689. 

(24)  SQUARES,  SPRINGS  AND  MONUMENTS. 

1892,  ch.  349. 

P.  L-  L.  (1888)  Art.  4,  Secs.  799D,  799E,  799F. 

To  establish,  regulate  and  control  all  squares,  springs 
and  monuments  erected  or  constructed  within  the  City  of  ^ 
Baltimore,  and  to  provide  for  the  maintenance  of  same. 
To  provide  by  ordinance  for  the  purchase  or  condemnation 
oUall  that  land  lying  in  the  City  of  Baltimore  between  the 


o establi.sh 
and  regulate 
squares,  etc. 


GENERAL  POWERS. 

lines  of  Dolphin  street  on  the  north,  Biddle  street  on  the 
south,  Jordan  Alley  on  the  east,  and  Morris  Alley  on  the 
west,  or  so  much  thereof  as  may  be  necessary,  upon  a proper 
survey,  to  extend  the  line  of  parking  known  as  Eutaw 
Square  from  Dolphin  street  to  Biddle  street,  and  the  drive- 
ways on  each  side  thereof  ; and  to  provide  for  the  assess- 
ing and  levying  on  the  whole  assessable  property  of  the 
said  City,  or  on  the  property  of  persons  thereby  benefited, 
the  whole  or  any  part  of  the  damages  and  expenses  which 
may  be  incurred  in  acquiring  said  land,  and  in  locating  and 
laying  out  the  said  line  of  square  ; and  to  provide  for  the 
granting  of  appeals  to  the  Baltimore  City  Court,  from  the 
decisions  of  the  Commissioners  for  Opening  Streets  or  any 
Commissioners,  or  other  persons,  appointed  by  authority 
of  any  ordinance  to  ascertain  the  damages  which  will  be 
and  Appeals,  or  the  benefits  which  will  accrue  to  the  owners 

or  possessors  of  ground,  or  improvements  in  acquiring  said 
land,  and  in  locating,  laying  out  and  extending  said  square 
from  Dolphin  Street  to  Biddle  Street,  and  for  securing  to 
every  such  owner  and  possessor  the  right,  on  application 
within  a reasonable  time,  to  have  decided  by  a Jury  trial, 
whether  any  damage  has  been  caused,  or  any  benefit  has 
To  collect  as-  accrued  to  them  and  to  what  amount ; and  to  provide  for  col- 
sessments.  letting  and  paying  over  the  amount  of  compensation  adj  udg- 
ed  to  each  person  entitled,  or  investing  it  in  stock  of  said 
City,  for  the  use  of  any  such  persons  who,  because  of  their 
infancy,  absence  from  the  City,  or  any  other  cause,  may  be 
prevented  from  receiving  it,  before  any  part  of  the  land  lying 
within  the  said  lines  shall  be  taken.  Before  the  said  City 
shall  pass  any  ordinance  under  the  above  provisions,  at 
least  sixty  days’  notice  shall  be  given  of  any  application 
Notice  of  ordi-  for  the  passage  of  such  ordinance,  in  at  least  two  daily 
SubUshed.^  papers  in  said  city ; and  before  the  Commissioners  for 
Opening  Streets  or  any  Commissioner  or  Commissioners 
appointed  by  any  ordinance  under  the  above  provisions  shall 
proceed  to  the  performance  of  his  or  their  duty,  he  or  they 
shall  give  notice  in  at  least  two  of  the  daily  newspapers 
in  the  City  of  Baltimore,  of  the  object  of  the  ordinance 
^takfng^lctfon  Under  which  he  or  they  propose  to  act,  at  least  thirty  days 
before  the  time  of  their  first  meeting  to  execute  the  same. 


70 


To  extend 
Eutaw 
Square. 


STOCKS,  LOANS  AND  FINANCKS. 


71 


(25)  STOCKS,  LOANS  AND  FINANCE. 

P.  L.  L.  (1860)  Art.  4,  Sec.  867.  1861,  ch.  75.  1876,  ch.  167.  1880, 

ch.  94.  P.  Iv.  h.  (1888)  Art.  4,  Secs.  801,  804. 

To  levy  upon  the  assessable  property  within  the  City,  and 
collect  by  tax  any  sum  which  may  be  necessary  to  pay  and  ^Tri^c?S  and 
discharge  the  principal  and  interest  of  any  loan  which  may 
heretofore  have  been  obtained,  or  which  may  hereafter  be 
obtained  by  said  City  according  to  law.  It  shall  create  a To  create  Sink- 
sinking  fund  to  meet  the  liabilities  thus  incurred,  and  may 
also  levy  upon  the  assessable  property  of  the  City  of  Balti- 
more, from  time  to  time,  such  sums  as  may  be  necessary 
to  provide  therefor,  and  for  the  payment  of  the  principal 
and  interest  of  the  liabilities  to  be  incurred  under  this  sec- 
tion, and  may  pass  all  ordinances  necessary  to  carry  out  the 
purpose  of  the  same.  Whenever  the  Commissioners  of 
Finance  shall  be  authorized  by  the  City  to  invest  moneys 
belonging  to  the  sinking  fund  of  said  City,  in  an- 
nuities or  ground  rents,  reserved  out  of  the  lands  leased  investments  of 
to  the  City  and  payable  by  the  said  City,  the  said  Com- 
missioners  may  purchase  such  rents  or  annuities  and  re-  Rents”"^ 
versions  of  such  lands  ; and  the  conveyances  thereof  taken 
may  be  made  to  the  Mayor  and  City  Council  of  Baltimore, 
in  trust  for  the  benefit  and  purpose  of  the  said  sinking 
fund ; and  in  every  such  case,  such  conveyances  shall  not 
work  a merger  of  the  lease  or  term,  but,  until  otherwise 
provided  by  law,  the  rent  shall  continue  to  be  payable  to 
the  City  as  if  such  purchase  had  not  been  made,  but  shall 
be  received  and  applied  by  the  Commissioners  of  Finance  as 
the  income  of  other  investments  of  the  sinking  fund  may 
be  applied.  Whenever  and  as  often  as  it  may  be  necessary 
hereafter  to  issue  certificates  of  indebtedness  or  City  stock 
or  bonds  of  the  City  of  Baltimore,  either  for  loans  of  the  on  city 
said  City,  already  created  and  authorized  by  law,  but  not 
yet  negotiated  and  issued,  or  for  loans  which  may  be  here- 
after created  and  authorized  to  be  issued  as  aforesaid,  pro- 
vision may  be  made,  in  the  discretion  of  the  City  for  the 
payment  of  any  taxes  which  the  holders  of  said  certificates 
or  bonds  may  be  legally  liable ; provided,  however,  that 
the  rate  of  interest  payable  on  said  loan  shall  not  exceed 


72 


GENERAL  POWERS. 


the  rate  of  five  per  cent,  per  annum ; and  provided,  fur- 
ther, that  nothing  herein  contained  shall  prevent  the  said 
City  from  negotiating  said  loans,  or  any  part  thereof,  al- 
ready authorized  by  law,  but  not  yet  actually  issued,  or 
which  may  be  hereafter  created  and  authorized  by  law,  at 
Rate  of  Interest^  lower  rate  of  interest  than  five  per  cent,  per  annum, 
whenever  it  may  appear  to  the  said  City  practicable  and 
advisable  to  do  so. 

Baltimore  Gill,  31  Md.  375. 


(26)  STREETS,  BRIDGES  AND  HIGHWAYS 

(a)  Opening,  Extending,  Widening,  Straightening  or 
closing  up  Streets. 

1817,  ch.  148.  1832,  ch.  57.  1833,  ch.  182.  1838,  ch.  226.  P.  L.  L., 

To  rovidefor  (1888)  Art.  4,  secs, 

opening,  lay-  806,  806 )'2.  1894,  ch.  312. 

ing  out,  etc., 

streets.  rp^  provide  for  laying  out,  opening,  extending,  widen- 

ing, straightening  or  closing  up,  in  whole  or  in  part,  any 
street,  square,  lane  or  alley  within  the  bounds  of  said  City, 
which  in  its  opinion  the  public  welfare  or  convenience  may 
require.  To  provide  for  ascertaining  whether  any,  and 
what  amount  in  value,  of  damage  will  be  caused  thereby, 
and  what  amount  of  benefit  will  thereby  accrue  to  the 
owner  or  possessor  of  any  ground  or  improvements  within 
or  adjacent  to  said  City,  for  which  said  owner  or  possessor 
ought  to  be  compensated,  or  ought  to  pay  a compensation, 
and  to  provide  for  assessing  or  levying,  either  generally 
on  the  whole  assessable  property  of  said  City,  or  specially 
To  assess  dam-  on  the  property  of  persons  benefited,  the  whole  or  any  part 
^rea’-of  the  damages  and  expenses  which  it  shall  ascertain  will 
son  thereof.  iucurred  in  locating,  opening,  extending,  widening, 
straightening  or  closing  up  the  whole  or  any  part  of  any 
street,  square,  lane  or  alley  in  said  City.  To  provide  for 
^deSfon  o7  granting  appeals  to  the  Baltimore  City  Court,  from  the 
Commission-  (jg^isious  of  the  Commissiouers  for  Opening  Streets  or  any 
Commissioner  or  Commissioners,  or  other  persons  appointed 
by  virtue  of  any  ordinance,  to  ascertain  the  damage  which 
will  be  caused  or  the  benefit  which  will  accrue  to  the 
owners  or  possessors  of  ground  or  improvements  by  locating, 


STREETS,  BRIDGES  AND  HIGHWAYS. 


73 


opening,  extending,  widening,  straightening  or  closing  up, 

in  whole  or  in  part,  any  street,  square,  lane  or  alley  within 

the  said  City,  and  for  securing  to  every  such  owner  or 

possessor  the  right,  on  application  within  a reasonable 

time,  to  have  decided  by  a jury  trial  whether  any  damage 

has  been  caused,  or  any  benefit  has  accrued  to  them,  and 

to  what  amount.  To  provide  for  collecting  and  paying 

over  the  amount  of  compensation  adjudged  to  each  person 

entitled,  or  investing  it  in  stock  of  the  said  City,  for  the 

use  of  any  such  person  who,  because  of  infancy,  absence  infancy,  etc. 

from  the  City  or  any  other  cause,  may  be  prevented  from 

receiving  it,  before  any  street,  square,  lane  or  alley,  in 

whole  or  in  part,  shall  be  so  opened,  extended,  widened, 

straightened  or  closed  up,  and  to  enact  and  pass  all 

ordinances,  from  time  to  time,  which  shall  be  deemed 

necessary  and  proper  to  exercise  the  powers  and  effect  the 

objects  above  specified.  To  acquire  the  fee  simple  interest 

in  any  land  for  the  purpose  of  opening,  extending,  widen-  ^sSi'eTnS?- 

ing  or  straightening,  in  whole  or  in  part,  any  street, 

- square,  lane  or  alley  in  Baltimore  City.  To  provide  by  [nSme^Iout. 
ordinance  for  the  collection  of  rent  or  revenue,  which  may 
or  can  be  derived  or  collected  from  the  occupiers,  tenants, 
or  by  whatever  term  they  may  be  called,  for  the  use  and 
occupation  by  them,  of  all  building  or  buildings,  or  other 
property  which  the  City  pays  for,  to  the  owners  thereof, 
in  all  cases  of  street  openings,  straightenings,  closings  or 
widenings,  or  in  any  case  of  condemnation  for  any  purpose 
whatever,  said  rent  to  be  paid  by  said  tenants  or  occupiers 
of  said  building  or  buildings,  or  other  property,  to  the  City 
authorities,  from  the  date  of  payment  for  the  same  by  the 
City  to  the  owners  thereof,  or  from  the  date  of  the  tender 
of  such  payment,  if  for  any  cause  said  owners  refuse  or 
cannot  lawfully  accept  the  same,  until  said  building  or 
buildings  are  removed,  and  until  said  property  shall  be 
required  by  the  City  for  its  purposes,  under  the  condemna- 
tion proceedings. 

Alexander  z/.  Mayor,  &c.,  5 Gill  383.  Methodist  Prot.  Ch.,  z^.  Mayor, 

&c.,  6 Gill  391.  Richardson  v.  Mayor,  8 Gill  433.  White  v.  Pdannigan, 

1 Md.  542.  Moale  v.  Mayor,  &c.,  5 Md.  321,  Steuart  v.  Mayor,  &c., 

7 Md.  500.  Mayor  v.  Porter,  18  Md.  284.  State  v.  Graves,  19  Md  351. 


74 


GENERAIv  POWERS. 


Steuart  v.  State,  20  Md.  97.  Douglass  v.  Boonsboro  Turnp.  Co.,  22  Md. 
219.  Mayor,  &c.  v.  Bouldin,  23  Md.  328.  Mayor,  &c.  v.  Clunet,  23 
Md.  449.  Hawley  v.  Mayor,  &c.,  33  Md.  280.  Page  v.  Mayor,  &c.,  34 
Md.  558.  Hazelhurst  v.  Ma}"or,  37  Md.  199.  Mayor  v.  Grand  Lodge, 
44  Md.  436.  Norris  v.  Mayor,  &c.,  44  Md.  598.  McCormick  v.  Mayor, 
&c.  45  Md.  527.  Dashiell  v.  Mayor,  45  Md.  616,  625,  626.  Northern 
Central  R.  R.  Co.  v.  Mayor,  &c.,  46  Md.  425.  Brooks  v.  Mayor,  &c., 
48  Md.  265.  Majw,  &c.  v.  St.  Agnes  Hospital  of  Balto.,  48  Md.  419. 

Mayor,  &c.  v.  Reitz,  50  Md.  574.  Hall  v.  Mayor,  &c.,  56  Md.  194. 

Mayor,  &c.  v.  Black,  56  Md.  333.  State  ex  rel.  Henderson  v.  Taylor,  59 
Md.  341.  Mayor,  &c.  v.  Hook,  62  Md.  371.  Central  Savings  Bank  z^. 
Mayor,  &c.,  71.  Md.  515.  Zion  Church  v.  Mayor,  71  Md.  524.  Frieden- 

wald  V.  Baltimore,  74  Md.  123.  Van  Witzen  v.  Gutman,  79  Md.  412. 

Balto.  V.  Ulman,  79  Md.  486.  M.  & C.  C.  of  Balto.  v.  Smith,  80  Md. 
466.  M.  & C.  C.  of  Balto.  v.  Frick,  82  Md.  86.  Baltimore  v.  Coates,  85 
Md.  531.  Balto.  City  v.  Broumel,  86  Md.  159.  Baltimore  City  v. 
Cowen,  88  Md,  450.  Benibe  v.  Anne  Arundel  Co.,  94  Md.  226.  Riggs 
z/.  Winterode,  100  Md.  447..** 

(b)  Grade  Lines  of  Streets. 

1874,  ch.  218.  P.  L.  L.,  (1888)  Art.  4,  sec.  809.  1888,  ch.  285. 

Power  to  To  provide  by  general  or  special  ordinance  for  the 

f£es  of establishment,  and  change  from  time  to  time,  of  the  grade 
streets.  jineg  of  any  street,  lane  or  alley,  or  part  thereof,  located 
or  laid  out  upon  the  plan  of  said  City. 

*Dashiell  v.  Mayor,  &c.,  45  Md.  616.  Cumberland  v.  Willson,  50 
Md.  147,  148.  *Kelley  v.  Mayor,  &c.,  65  Md.  175,  *0’Brien  v.  Balto. 
Belt  R.  R.,  74  Md.  373.  *Baltimore  City  v.  Cowen,  88  Md.  447,  458. 
*Guest  V.  Church  Hill,  90  Md.  693. 

(c)  Grading,  Paving,  Curbing,  Etc.,  Streets 

(Special  Ordinance.) 

1874,  ch.  218.  P.  L.  L.,  (1888)  Art.  4,  sec.  810.  1892,  ch.  219. 

To  provide  by  ordinance  for  grading,  shelling,  gravel- 
gTadinff,  ?e-  ing,  paving  and  curbing,  or  for  the  regrading,  reshelling, 
fhliiinl’  re-  regraveling,  repaving  and  recurbing  of  any  street,  lane  or 
Sg  alT/re-^'"’  alley  in  said  City,  or  part  thereof,  now  condemned,  ceded, 
FnJ”re-^cu“rb-’  opened  as  a public  highway,  or  which  may  hereafter  be 
laSesa^n/’  Condemned,  ceded,  opened,  widened,  straightened  or 

alleys.  

**Note;  The  City  is  not  compelled  to  accept  any  dedicated  street. 
Until  accepted  such  streets  remain  private  property. 

Brad}”^  v.  Balto.  Belt  R.  R.,  Daily  Record,  November  26,  1894. 


STRKKTS — GRADING,  PAVING,  ETC. 


75 


altered  according*  to  the  laws  and  ordinances  regulating  the 
same,  and  also  for  assessing  the  cost  of  any  such  work,  in 
whole  or  in  part,  upon  the  property  binding  upon  such 
street,  lane  or  alley,  or  part  thereof,  according  to  such  rule 
or  basis  as  it  may  determine,  and  for  collecting  said  assess- 
ments as  other  City  taxes  are  collected  or  in  such  manner 
as  it  may  prescribe,  either  before  or  after  the  work  shall 
have  been  done,  provided  that  before  the  passage  by  either 
Branch  of  the  City  Council  of  any  ordinance  requiring  the 
whole  or  any  portion  of  the  costs  to  be  assessed  upon  the 
property  ten  days’  notice  shall  be  given  in  at  least  two  of  the 
daily  newspapers  in  said  City,  and  an  opportunity  shall  be  ^nSce  to 
afforded  to  all  persons  interested  therein  to  appear  and  be 
heard  before  some  appropriate  committee  of  the  Council, 
and  it  may  also  provide  for  appeals  to  the  Baltimore  City 
Court  from  the  decisions  of  the  Commissioners  for  Open- 
ing Streets  or  any  Commissioner  or  Commissioners,  or 
other  person  or  persons  appointed  to  determine  the  amount 

The  doctrine  of  adverse  possession  applies  to  the  case  of  property 
dedicated  to  public  use  for  a highway  wdthin  the  territorial  limits  of  a 
municipal  corporation.  A municipal  corporation  may  be  held  to  be  es- 
topped from  setting  up  a claim  to  a public  highway. 

Bing  V.  Mayor  & C.  C.  of  Baltimore,  Daily  Record,  April  3,  1889. 

In  relation  to  opening,  widening,  straightening,  etc.,  streets,  see, 

Binney’s  Case,  2 Bland,  129.  Graff  v.  Mayor  & C.  C.  of  Baltimore, 

10  Md.  544.  Merrick  v.  Mayor,  43  Md.  219.  Black  v.  Mayor,  &c.  50 
Md.  235.  Tinges  z/.  Mayor,  &c.  51  Md.  600.  Hiss  z/.  Balto.  & Hampden 
Pass.  Railway  Co.,  52  Md.  242.  McMurray  v.  Mayor,  &c.,  54  Md.  103. 

Hodges  V.  Balto.  Union  Pass.  Railway  Co.,  58  Md.  603.  Co.  Conimrs. 
of  Balto.  Co.,  V.  Md.  Hospital,  62  Md.  127.  Mayor,  &c.  v.  White,  62  Md. 

362.  Glenn  v.  Mayor,  67  Md.  390.  Hitchins  v.  Frostburg,  68  Md.  100. 

P.,  W.  &B.  R.  R.  V.  Shipley,  72  Md.  93.  Pitts  v.  Baltimore,  73  Md.  326. 
Friedenwald  v.  Shipley,  74  Md.  220.  Heaver  v.  Uanahan,  74Md.498« 

Burk  V.  Mayor  & C.  C.  of  Balto.,  77  Md.  471.  Gluck  v,  Baltimore,  81 
Md.  315.  Baltimore  City  v.  Fear,  82  Md.  246.  Baldwin  v.  Trimble,  85 
Md.  397.  Flersheim  z/.  Mayor,  85  Md.  493.  Valentine  v.  Hagerstown, 

86  Md.  488.  Clendenin  v.  Md.  Construction  Co.,  86  Md.  80.  Baltimore 
City  V.  N.  C.  Ry.  Co.,  88  Md.  427.  Ogle  v.  Cumberland,  90  Md.  62. 

Gardiner  v.  Baltimore  City,  96  Md.  361.  Jenkins  z/.  Riggs,  100  Md.  438. 

**Note:  For  further  decisions  relating  to  grading,  paving  and  curb- 

ing, see, — 

Clements  v.  Mayor,  &c.  of  Baltimore,  16  Md.  208.  Mayor,  &c.  v. 
Harwood,  32  Md.  471.  Peddicordz/.  Balto.,  Catonsville,  &c.,  Co.,  34  Md. 


76 


GKNKRAI,  POWERS. 


of  assessment  to  be  made  upon  any  property  under  any 
^plSs^and’  ordinance  ; and  in  the  trial  of  such  appeal  the  practice 

JtS'et  conform  as  near  as  may  be  to  the  practice  in  the 

ingf  cases,  trials  of  Street  appeals,  including  the  right  of  appeal  to  the 
Court  of  Appeals. 

Mayor,  &c.  Z'.  Moore,  6 H.  & J.  375.  Mayor,  &c.  v.  Hughes,  1 G.  & 
J.  480.  Kschbach  v.  Pitts,  6 Md.  71.  Mayor,  &c.  v.  Greenmount 
Cemetery,  7 Md.  517.  Henderson  v.  Mayor,  8 Md.  352.  Mayor,  &c. 
z/.  Porter,  18  Md.  284.  N.  C.  Ry.  Co.  z/.  Baltimore,  21  Md.  105.  Mayor, 
&c.  z/.  Horn,  26  Md.  194.  Balto.-  & Pot.  R.  R.  Co.  v.  Reany,  42  Md.  118. 
Dashiell  v.  Mayor,  45  Md.  616.  Burns  v.  Maj'or,  48  Md.  198.  Mayor, 
&c.  V.  Scharf,  54  Md.  499.  Mayor,  &c.  v.  Johns  Hopkins,  56  Md.  1. 
Gould  V.  Mayor,  58  Md.  46.  Gould  v.  M.  & C.  C.  of  Baltimore,  59  Md. 
378.  Moale  v.  Mayor,  &c. , 61  Md.  224.  Mayor,  &c.  v.  Hanson,  61  Md. 
462.  Mayor,  &c.  z\  Johnson,  62  Md.225.  Mayor,  &c.  v.  Hook,  62  Md. 
371.  Alberger  v.  Mayor,  64  Md.  1.  Kelley  v.  Mayor,  65  Md.  171. 
Baltimore  v.  Raymo,  68  Md.  569.  Ulman  v.  Mayor,  72  Md.  591,  609. 
Baltimore  v.  Ulman,  165  U.  719.  O’Brien  v.  Balto.  Belt  R.  R.,  74 
Md.  273.  Baltimore  v.  Ulman,  79  Md.  469.  Balto.  v.  Cowen,  88  Md. 
457.  Guest  v.  Church  Hill,  90  Md.  693.  Balto.  City,  z'.  Stewart,  92  Md. 
535,  551.  Cahill  v.  Baltimore  City,  93  Md.  233.  Kent  County  z/.  Godwin, 
98  Md.  84.  Frostburg  v.  Wineland.  98  Md.  243.** 

(d)  Grading,  Paving,  Curbing,  Etc.,  Streets. 

(General  Ordinance,  Application  of  Owners.) 

1874,  ch.  218.  P.  Iv.  Iv.,  (1888)  Art.  4,  sec.  811. 

Eevyandcoi-  To  providc  by  general  ordinance,  subject  to  provisions 
for  st?e?ts  and  requirements  of  section  85  of  this  Article,  for  the 
ed,  re-paved,  grading,  graveling,  shelling,  paving  or  curbing,  or  tor 
curbed,°^^^  the  regrading,  regraveling,  reshelling,  repaving  or  recurb- 
kyo7 ownersing  of  any  street,  lane  or  alley,  or  part  thereof,  in  said 
app\?”for^^  City,  without  the  passage  of  a special  ordinance  in  the 

such  work  to  — — — 

be  done.  453  Cumberland  z'.  Willson,  50  Md.  138.  Hitchins  v.  Frostburg,  68 
Md.  100.  C.  & P.  Tel.  Co.  z/.  McKenzie,  74  Md.  48.  M.  & C.  C.  of 
Balto. Z'.  Turnpike  Co.,  80  Md.  536.  Smyrk  v.  Sharp,  82  Md.  97. 
Hagerstown  v.  Startzman,  93  Md.  609.  DeUawder  v.  Balto.  County,  94 
Md.  1.  Offutt  V.  Montgomery  Co.,  94  Md.  115. 

The  ten  days’  notice  of  the  passage  of  an  ordinance  authorizing 
paving  prescribed  by  Act  1892,  ch.  219  (now  sec.  6 of  Charter)  must  be 
given  or  a Court  of  Equity  will  intervene. 

Bond  V.  Malster,  Daily  Record,  July  6,  1899. 

As  to  degree  of  care  City  must  exercise  in  keeping  the  streets  in 
repair,  see^ 


Baltimore  City  v.  Lobe,  90  Md.  314. 


streets — TAX  FOR  GRADING  AND  PAVING. 


77 


particular  case,  whenever  the  owners  of  a majority  of  the 

front  feet  of  property  binding  on  such  street,  lane  or  alley, 

or  part  thereof,  shall  apply  for  the  same,  upon  terms  and  ^lessmen^^lnd 

under  conditions  to  be  prescribed  in  the  same  general  aSessme”tI 

ordinance,  and  for  the  assessment  in  any  such  case  of  the 

cost  of  such  work,  in  whole  or  in  part,  pro  rata,  upon  all 

the  property  binding  upon  such  street,  lane  or  alley,  or 

part  thereof,  and  for  the  collection  of  such  assessment  as 

other  City  taxes  are  collected. 

Henderson  v.  Mayor,  8 Md.  352.  Holland  v.  Mayor,  11  Md.  186. 

Bouldin  v.  Maj^or,  15  Md.  18.  Mayor,  &c.  v.  Bschbach,  18  Md.  276. 

Mayor  e'.  Porter,  18  Md.  284.  Howard  First  Ind.  Church,  18  Md.  451. 

Mayor,  &c.  v.  Bouldin,  23  Md.  328.  Mayor,  &c.  v.  Horn,  26  Md.  195. 

Lester  v.  Mayor,  29  Md.  419.  Dashiell  v,  Maj^or,  45  Md.  624.  Burns 
V.  Mayor,  48  Md.  200.  Wolff  z/.  M.  & C.  C.  of  Baltimore,  49  Md.  446. 

Mayor,  &c.  v.  Johns  Hopkins  Hospital,  56  Md.  1.  Moale  v.  Baltimore, 

61  Md.  237.  Mayor,  &c.  v.  Boyd,  64  Md.  10. 

(e)  Levy  of  Tax  to  Pay  Unpaid  Assessments  for 
Grading,  Paving,  etc. 

1892,  ch.  284.  P.  L.  L.,  (1888)  Art.  4,  sec  811  A. 

In  any  and  all  cases  where  any  street,  lane  or  alley,  or  i^evy  and  coi- 
any  part  thereof,  in  the  City,  has  been  graded,  paved  or 
curbed,  or  regraded,  repaved  or  recurbed,  under  any  grlde°d,%lv- 
ordinance  which  provided  for  assessing  the  whole  or  any  c^ibed^^  re- 
portion of  the  cost  of  such  improvement  upon  the  property 
binding  upon  such  street,  lane  or  alley,  or  part  thereof, 
and  such  assessments,  or  any  part  thereof,  remain  unpaid, 
it  shall  be  lawful  for  the  City  to  provide  by  ordinance  for 
the  levy  and  collection  in  such  manner  as  it  may  deem 
proper,  of  a tax  upon  all  the  property  binding  on  any 
street,  lane  or  alley,  or  part  thereof,  which  may  have  been 
so  improved,  to  the  extent  that  such  property  shall  have 
been  specially  benefited  by  such  improvement,  provided, 
that  no  property  upon  which  the  assessment  originally 
made  for  its  share  of  the  cost  of  such  improvement  shall 
have  been  paid,  shall  be  again  assessed,  and  that  reason- 
able notice  and  an  opportunity  to  be  heard  shall  be  given  Notice, appeals, 
to  all  persons  interested  before  the  final  ascertainment  of 
the  amount  of  tax  to  be  paid  by  any  such  property,  and 


78 


GKNERA.L  POWERS. 


the  said  City  shall  provide  for  appeals  to  the  Baltimore 
City  Court  by  any  person  or  persons  interested,  including 
the  City  itself  from  the  decision  of  the  Commissioners  for 
Opening  Streets,  or  any  Commissioner  or  Commissioners 
or  other  persons  appointed  to  determine  the  amount  or 
amounts  of  such  special  taxes  or  assessments  ; and  in  the 
procedureasin  of  such  appeals  the  practice  shall  conform  as  near  as 
Ss!  practice  in  the  trial  of  street  appeals,  includ- 

ing the  right  of  appeal  to  the  Court  of  Appeals. 

*Baltimore  z>.  Ulman,  79  Md.  480.  *Ulman  v.  Baltimore,  165  U.  S.  719. 
Balto.  V.  Stewart,  92  Md.  535. 

(f)  Footways. 

P.  L.  h.,  (I860)  Art.  4,  sec.  852.  P.  L.  L.,  (1888)  Art.  4,  sec.  816. 

To  pass  all  ordinances  necessary  for  grading,  regu- 
lating, paying  and  repairing  the  footways  in  the  streets, 
lanes  and  alleys  of  the  City,  and  impose  a tax  on  any  lot 
Grading  regu-  any  pavod  street,  lane  or  alley,  for  the  purpose 

ing”and?e-  grading,  regulating,  paving  or  repairing  footways  in 
thereof,  or  compel  by  fine  or  otherwise  the  owner  or 
proprietor  of  any  lot  to  pave  or  repair  the  footways  in 
front  thereof,  agreeable  to  the  ordinances  to  be  passed  by 
it  ** 

(g)  Regulating  use  of  Streets. 

OBSTRUCTIONS  AND  ENCROACHMENTS. 

To  regulate  the  use  of  streets,  highways,  roads,  public 
places  and  sidewalks  by  foot  passengers,  animals,  vehicles, 
^ orfnd^pre-*^  motors  and  locomotives,  and  prevent  encroachment 
servestreet  as  thereon  and  obstruction  of  the  same.t 

a highway. 

C.  & P.  Tel,  Co.  V.  Baltimore  City,  89  Md.  705.  Hagerstown  z/.  Klotz, 
93  Md.  440.  Townsend,  Grace  & Co.  v.  Epstein,  93  Md.  537.  Baltimore 
City  V.  Beck,  96  Md.  190.  B.  &0.  R.  R.  Co.  v.  Balto.  City,  98  Md.  536- 
Knight  V.  Balto.  Citj^,  97  Md.  649.  Balto.  City  v.  'W^’alker,  98  Md.  640. 
Brauer  v.  Refrigerator  Co.,  99  Md.  376. 

**Note.— State  V.  Kent  County,  83  Md.  379. 

tNoTE.  As  to  widening  of  sidewalks  by  City,  see,  Klein  v.  U.  Rys. 
&Elec.  Co.,  Daily  Record,  January  4,  1906. 

For  decisions  arising  out  of  the  exercise  and  construction  of  powers 
under  paragraph  (g),  see. 


REGULATING  USE  OF  SIDEWALKS. 


79 


(h)  Opening  of  Street  Surface. 

To  regulate  the  opening  of  street  surface,  for  the 
purposes  authorized  by  law  or  ordinance.** 


(i)  Numbering  Houses. 

To  regulate  the  numbering  of  houses,  lots,  streets 
and  avenues,  and  the  naming  of  streets,  avenues  and 
public  places. 

(j)  Regulating  Use  of  Sidewalks  and  Streets  By 
Signs,  Poles,  Wires,  Etc. 

To  regulate  the  use  of  sidewalks  for  use  of  telegraph 
posts,  trolley  poles,  electric  light  poles,  telegraph  wires, 
electric  light  wires,  and  for  any  and  all  other*  purposes. 


Mayor  & C.  C.  of  Balto.  v.  Marriott,  9 Md.  160.  Roman  v.  Strauss* 
10  Md.  89.  Ma}W,  &c.,  Balto.  v.  Pennington,  15  Md.  12.  Altvater  v. 
Mayor,  31  Md.  462.  Houck  v.  Wachter,  34  Md.  265.  Peddicord’s  Case, 
34  Md  463.  Mayor,  &c.  v.  Holmes,  39  Md.  243.  Flynn  z'.  Canton  Co., 
40  Md.  312.  Mayor,  &c.,  Balto.  v.  O’Donnell,  53  Md.  110.  Turner  v. 
Holman,'  54  Md.  148.  Gore  v.  Brubaker,  55  Md.  87.  Canal  Co.  v.  County 
Commrs.,  57  Md.  201.  Textor  z/.  B.  &0.  R.  R.  Co.,  59 Md.  63.  Sinclair 
V.  Baltimore,  59  Md.  598.  Crook  v.  Pitcher,  61  Md.  510. 

Thomas  v.  Ford,  63  Md.  346.  Taylor  v.  Cumberland,  64  Md.  68. 
Garrett  v.  Janes,  65  Md.  260.  Kennedy  v.  Cumberland,  65  Md.  514. 
C.  & P.  Tel.  Co.  V.  Mckenzie,  74  Md.  49,  50.  Koch  v.  N.  Ave.  Ry.  Co., 
75  Md.  229.  N.  Balto.  R.  R.  Co.  z/.  N.  Ave.  R.  R.  Co.,  75  Md.  233.  N. 
Balto.  R.  R.  Co.  V.  Baltimore,  75  Md.  247.  Twilley  v.  Perkins,  77  Md. 
262.  Lake  Rol.  El.  R.  R.  Co.  v.  Balto.,  77  Md.  372-381.  Green  v.  City 
& Sub.  Ry.  Co.,  78  Md.  307.  Condon  v.  Sprigg,  78  Md.  337.  Garrett 
V.  Lake  Rol.  Elv.  R.  R.  Co.,  79  Md.  211 . Postal  Telg,  Cable  Co.  v. 
Baltimore,  79  Md.  512.  Cochrane  v.  Frostburg,  81  Md.  54.  Ulman  v. 
Charles  St.  Ave.  Co.,  83  Md.  145.  Baldwin  v.  Trimble,  85  Md.  396. 
Gunther  v.  Dranbauer,  86  Md.  1.  Reidel  v.  P.,  W.  & B.  R.  R.  Co.,  87 
Md.  158.  Worcester  Co.  v.  Ryckman,  91  Md.  37.  Mason  v.  Cumber- 
land, 92  Md.  462.  Keen  v.  Havre  de  Grace,  93  Md.  34.  Magaha  v. 
Hagerstown,  95  Md.  69.  New  Windsor  v.  Stocksdale,  95  Md.  215. 

**In  relation  to  opening  street  surface,  see,  State  v.  Latrobe,  81  Md. 
233.  Edison  Co.  v.  Hooper,  85  Md.  111.  C.  & P.  Telephone  Co.  v. 
Balto.  City,  89  Md.  689.  Balto.  City  v.  Balto.  Co.  W.  & E.  Co.,  95 
Md.  239. 


Regulation  of 
same. 


Numbering 
houses,  etc., 
and  naming 
streets. 


To  regulate  the 
use  of  side- 
walk for  any 
purpose  and 
space  above 
and  below 
same. 


80 


GENERAL  POWERS. 


Cleaning 

streets. 


Lamps  and 
Lighting. 


Railroad 
tracks,  gas 
pipes,  poles 
and  wires. 


and  to  prohibit  the  erection  of  any  posts,  poles  or  wires, 
and  to  compel  the  removal  of  any  posts,  poles  or  wires  in, 
over  or  above  any  street,  sidewalk  or  highway.  * 

dies.  & Pot.  Tel.  Co.  z/.  MCKenzie,  74  Md.  47.  Postal  Telg.  Cable 
Co.  V.  Baltimore,  79  Md.  512.  Balto.  City  v.  Walker,  98  Md.  637. 
Brauer  v.  Refrigerating  Co.,  99  Md.  512. 

(k)  Cleaning  and  Lighting  Streets. 

P.  L.  L.  (1860)  Art.  4,  sec.  862.  P.  L.  L.  (1888)  Art.  4,  sec.  819. 

To  clean  the  streets  and  remove  the  dirt  and  filth 
therefrom,  and  to  prohibit  and  punish  by  ordinance,  the 
placing  of  any  dirt,  filth  or  other  matter  therein,  and  to 
protect  any  pavement  by  prohibiting  the  travel  thereon. 
To  erect  lamps  in  any  of  the  streets,  lanes  or  alleys  of 
said  City,  and  cause  the  same  to  be  lighted  at  the  expense 
of  the  City. 

Baltimore  City  v.  Beck,  96  Md.  183.  See,  also,  Am.  Lighting  Co.  v. 

McCuen,  92  Md.  705. 

(l)  Use  of  Streets  by  Tracks,  Poles  and  Wires. 

P.  L.  L.,  (1888)  Art.  4,  sec.  819a.  1890,  ch.  370. 

To  regulate  the  use  of  streets,  lanes  or  alleys  in  said 
City,  by  railway  or  other  tracks,  gas  or  other  pipes,  tele- 
graph, telephone,  electric  light  or  other  wires  and  poles, 

Ches.  & Pot.  Tel.  Co.  v.  McKenzie,  74  Md.  47-48.  Koch  v.  North 
Ave.  Ry.  Co.,  75  Md.  222-229.  N.  Balto.  Pass.  Ry.  Co.  v.  N.  Ave.  Ry. 
Co.,  75  Md.  233.  N.  Balto.  Pass.  Ry.  Co.  v.  Mayor,  &c.,  Balto.,  75  Md. 
247.  Lake  Rol.  R.  R.  Co.  v.  Baltimore,  77  Md.  380-381.  Garrett  v. 
Lake  Rol.  El.  R.  R.  Co.,  79  Md.  286.  Postal.  Tel.  Cable  Co.  2>-.  Balto., 
79  Md;  511.  Edison  Co.  v.  Hooper,  85  Md.  111.  Hooper  v.  Balto.  City 
Pass.  Ry.  Co.,  85  Md.  509.  Poole  v.  Falls  Rd.  Ry.  Co.,  88  Md.  533. 
C.  & P.  Tel.  Co.  z'.  Balto.  City,  89  Md.  705.  C.  & P.  Tel.  Co.  v.  Balto. 
City,  90  Md.  638.  Baltimore  z^.  C.  & P.  Tel.  Co.,  92  Md.  692.  Balto. 
27.  Balto.  Co.  W.  & Elc.  Co.,  95  Md.  239.  Purnell  v.  McLane,  98  Md. 
594.  Simon’s  Sons  v.  Md.  Tel.  & Telg.  Co.,  99  Md.  173. 

*Notk  : — The  Act,  1906,  chapter  152  and  the  Act  1904,  chapter  616, 
re-enacting  section  8 of  the  Charter,  by  their  terms  necessarily  modify 
the  general  power  of  the  Mayorand  Cit}^  Council  of  Baltimore  in  relation 
to  signs,  sign  posts,  awnings,  awning  posts  and  horse  troughs  where 
construction  or  erection  of  same  obstructs  sidewalk.  Sub-division  “J” 
of  section  6,  supra,  has  been  modified  accordingly. 


STREETS — CONDUITS,  ELECTRICAE  COMMISSION  AND  RENTALS. 


81 


in,  under,  over  or  upon  the  same,  and  to  require  all  such 
wires  to  be  placed  under  ground  after  such  reasonable 
notice  as  it  may  prescribe.** 

(m)  Conduits,  Electrical  Commission  and  Rentals 
OF  Conduits. 

1892,  Ch.  200.  P.  L-  L.  (1888)  Art.  4,  Sec.  819  B. 

To  provide  a series  of  conduits  under  the  streets, 
lanes  and  alleys  of  said  City,  or  any  part  or  parts  thereof,  Conduits  for 
for  the  use  of  telephone,  telegraph,  electric  light  and 
other  wires,  either  by  constructing  said  conduits  itself  or  and  electric 
authorizing  their  construction  by  such  person  or  corpora- 
tion, upon  such  terms  as  may  be  agreed  upon.  To  appoint 
an  Electrical  Commission,  with  such  powers  and  duties  as  Electrical 
it  may  deem  proper  or  appropriate  for  carrying  out  the 
aforesaid  provisions  of  this  section  relating  to  conduits. 

To  require  all  such  wires,  or  any  part  or  parts  thereof, 
and  the  poles  carrying  the  same,  to  be  removed  from  the 
surface  of  the  streets,  lanes  or  alleys  of  said  City,  or  any 
part  or  parts  thereof,  and  to  require  such  wires  to  be 
placed  in  such  conduits,  all  under  such  penalty  as  it  may 
prescribe.  To  prescribe  and  establish  reasonable  rentals 
to  be  paid  by  any  company  or  person  using  any  of  said 
conduits,  by  whomsoever  the  same  may  be  constructed, 
for  the  use  thereof,  and  to  provide  for  the  collection  of 
such  rentals,  in  addition  to  the  ordinary  processes  by  such 
summary  methods  as  it  may  deem  appropriate  ; provided.  Rentals, 
however,  that  nothing  contained  in  this  Article  shall  be 

**Note  : — Rule  laid  down  as  to  extent  of  City’s  right  to  regulate 
erection  of  poles  in  the  streets.  City  & Suburban  Railway  Company, 

V.  Brush  Electric  Co.,  Daily  Record,  December  20.  1895. 

When  action  at  law  is  only  remedy  for  injuries  to  abutting  property 
by  the  erection  of  a pole.  Polenk  v.  Md.  Telephone  Company,  Daily 
Record.  June  13,  1901. 

For  further  decisions  relating  to  use  of  streets  by  tracks,  poles  and 
wires,  see, 

N.  C.  Ry.  Co.  V.  M.  & C.  C.  of  Balto.,  46  Md.  423.  Kirbv  v.  Citizens 
Ry.  Co  , 48  Md  168.  Hiss  v,  Balto  &H.  Ry.  Co,  52  Md.  242.  Hodges 
V.  B.  C.  P.  Ry.  Co.,  58  Md.  603.  Canton  Co.  v.  B.  & O.  R.  R.  Co.,  79 
Md.  432.  State  ex  rel  v.  Latrobe,  81  Md,  222.  Birch  v.  Lake  Rol.  El. 

R.  R.  Co.,  83  Md.  369.  United  Rys.  Co.  v.  Hayes,  92  Md.  490.  Lona- 
coning  v.  Consol.  Coal  Co.  95  Md.  635.  B.  & O.  R.  R.  Co.  v.  Baltimore, 

98  Md.  536.  Consol.  Gas  Co.  v.  Balto.  Co.  98  Md.  696. 


82 


GENERAL  POWERS. 


deemed  or  taken  to  modify  or  change,  in  any  manner,  the 
provisions  of  Ordinance  Number  Forty-one,  of  the  Mayor 
and  City  Council  of  Baltimore,  approved  May  9,  1889,  or 
the  rights  and  privileges  granted  thereby  to  the  companies 
therein  named  or  either  of  them. 

Hooper  v.  City  Pass.  Ry.  Co.,  85  Md.  110.  C.  & P.  Tel.  Co.  v.  Balti- 
more, 89  Md.  689.  C.  & P.  Tel.  Co.  Baltimore,  90  Md.  638.  C.  & P. 
Tel.  Co.  V.  Baltimore,  92  Md.  692.  Purnell  z/.  McLane,  98  Md.  590. 
6y.,  Edison  Co.  v.  Hooper,  85  Md.  110.  Simon’s  Sons  v.  Md.  Tel.  Co., 
99  Md.  173. 

(n)  Bridges  and  Turnpike  Roads. 

1824,  ch.  105.  P.  L L.,  (1860)  Art.  4,  sec.  857. 

P.  L.  L.,  (1887)  Art.  4,  sec.  818. 

To  purchase,  with  the  County  Commissioners  of 
^w^ith'county  any  adjoining  or  neighboring  counties  of  said  City,  all 
ers,  turnpike  bridges  and  turnpike  roads,  or  any  portions  thereof, 
totlr^cRy.^  leading  toward  said  City,  at  such  times  and  upon  such 
terms  as  it  and  said  County  Commissioners  on  the  one 
part,  and  the  owner  of  such  bridges  and  highways  on  the 
other,  may  mutually  agree,  and  when  so  purchased  all  or 
any  of  them  shall  thereafter  be  free  public  highways,  and 
as  such  under  the  care  and  management  of  said  City  and 
said  County  Commissioners,  as  they  may  respectively 
provide  and  stipulate  as  between  them. 

Hooper  v.  President,  B.  & Y.  Turnpike  Road,  34  Md.  521.  Balto.  &. 
Havre  de  Grace  Turnpike  Co.  v.  Union  Ry.  Co.,  35  Md.  224.  Peddi- 
cord  V.  B.  C.  & E.  M.  R.  R.  Co.,  34  Md.  463.  *M.  & C.  C.  of  Baltimore 

V.  Turnpike  Co.,  80  Md.  541.  See  Frush  v.  Mayor,  City  Court,  Oct.  15, 
1874,  decision  of  Brown,  C.  J. 

(o)  Cathedral  Cemetery. 

1886,  ch.  280.  P.  L.  L.,  (1888)  Art.  4,  sec.  822. 

Opening  exercise,  in  reference  to  opening  streets  and  alleys 

mrou^h  ca-  through  Cathedral  Cemetery  or  burial  ground  in  said  City, 
thedrai  cem-  the  Hghts  and  powers  which  it  has,  or  may  hereafter 
be  conferred  upon  it,  in  reference  to  opening  streets,  lanes 
or  alleys  in  said  City. 

Cathedral  v.  Manning,  72  Md.  133. 


TAXES — ANNUAL  LEVY  AND  PROPERTY  TAXABLE. 


83 


(p)  Light  Street  Bridge. 

1886,  ch.  24.  P.  L.  L.  (1888)  Art.  4,  sec.  823. 

With  the  County  Commissioners  of  Anne  Arundel 
County,  to  cause  to  be  erected  and  maintained  at  their 
joint  expense  lamps  along  and  on  Light  Street  Bridge,  not 
more  than  seventy-five  yards  apart ; provided,  that  there 
shall  be  at  least  one  lamp  at  each  end  of  the  draw  of  said 
bridge,  and  the  said  lamps  shall  be  attended  to,  cleaned, 
lighted  at  night  and  extinguished  in  the  morning  by  the 
keeper  of  said  bridge. 

Pumphrey  v.  Mayor,  47  Md.  145.  Mayor,  &c.,  v.  Stoll,  52  Md.  435. 

See  note  pages  364-365  City  Code  (1879). 

(27)  SURVEYOR. 

P.  L.  Iv.,  (1860)  Art.  4.  sec.  865.  P.  L.  L.,  (1888)  Art.  4,  sec.  825. 

To  prescribe  by  ordinance  the  duties  and  compensation  duties  and 
of  the  City  Surveyor. 

(28)  TAXES. 

(a)  Annual  Levy. 

1874  ch.  180.  P.  L.  L.,  (1888)  Art.  4,  sec.  827. 

To  levy  annually  upon  the  assessable  property  of  the 
City,  by  direct  tax,  with  full  power  to  provide  by  ordinance 
for  collection  of  the  same,  such  sum  of  money  as  may  be  b5"^o?dinan^ce 
necessary,  in  its  judgment,  for  the  purpose  of  defraying 
the  expenses  of  said  City  over  and  exclusive  of  all  expenses, 
charges  and  sums  of  money  which  it  is,  or  shall  be  required 
by  law  to  collect  for  other  purposes  subject  to  the  provi- 
sions and  limitations  herein  contained. 

St.  Mary’s  Industial  School  v.  Brown,  45  Md.  329-333.  Hopkins  v. 

Van  Wyck,  80  Md.  17.  Casualty  Ins.  Co.’s  Case,  82  Md.  561-564.  Cf., 

Insurance  Co.  v.  Mayor,  &c.,  23  Md.  296.  Watts  v.  Port  Deposit,  46 
Md.  500-505.  Mayor,  &c.,  v.  Johnson,  62  Md.  225.  Hebb  v.  Moore, 

66  Md.  167.  B.  C.  & A.  R.  R.  Co.  v.  Wicomico  Co.,  93  Md.  124.  Water 
Co.  V.  Westminster,  98  Md.  551. 


(b)  Property  Taxable. 

1865  ch.  119.  P.  L.  L.,  (1888)  Art.  4,  sec.  828. 

To  levy  and  collect  taxes  upon  every  description  of  ^°ectTax”on^aii 
property  found  within  the  corporate  limits  of  said  City,  wUhi^city 
which  it  is  now  authorized  by  law  to  levy  taxes  upon,  for  the 


84 


GENERAL  POWERS. 


Property  ex- 
empted. 


purpose  of  defraying  the  expenses  of  the  municipal 
government,  whether  the  owners  thereof  reside  within  or 
without  the  limits  of  said  corporation;  provided  that  no 
stocks,  bonds,  mortgages,  certificates  or  other  evidences  of 
indebtedness  of  any  bank  or  other  corporation  situate 
within  the  limits  of  said  City,  which  are  owned  or  held  by 
persons  residing  without  said  limits,  shall  be  subject  to 
taxation  for  the  purpose  above  set  forth  ; and  provided 
further  that  no  authority  is  given  by  this  section  to  impose 
taxes  on  any  property  which  is  now  or  may  hereafter  be 
exempted  from  taxation  by  any  general  or  special  Act  of 
the  General  Assembly  of  Maryland,  nor  upon  any  property 
which  may  be  stored  or  deposited  in  the  City  of  Baltimore 
for  temporary  purposes.** 

M.  & C.  C.  of  Balto.  V.  B.  & O.  R.  R.  Co.  6 Gill  294.  Latrobe  v. 
Mayor,  19  Md.  13.  Mayor  v.  Sterling,  29  Md.  48.  The  Appeal  Tax 
Court  Cases  in  50  Md.  Gunther  z;.  Baltimore,  45  Md.  457.  Union,  &c, 
Co.  V.  Mayor,  71  Md.  405.  Hopkins  v.  Baker,  78  Md.  363.  Postal  Tel. 
Cable  Co.  v.  Balto.,  79  Md.  502.  Park  Tax  Case,  84  Md.  1.  Textor  v. 
Shipley,  86  Md.  442.  Corry  v.  Baltimore,  96  Md.  322.  Balto.  City  v. 
Johnson,  96  Md.  738.  Dry  Dock  Co.  v.  Baltimore,  97  Md.  103.  Con- 
solidated Gas  Co.,  V.  Baltimore  101  Md.  541. 


**NoTE:— For  additional  decisions  bearing  upon  the  construction  of 
this  section,  see. 

Mayor,  &c.,  v.  Chase,  2 G.  & J.  376.  Dallam  et  al.  v.  Oliver’s  Exrs., 
3 Gill  445.  Mayor  v.  State,  15  Md  376.  Mayor,  &c.  v.  Grand  Lodge, 
60  Md.  280.  Mayor,  &c.  v.  Canton  Co.,  63  Md.  218.  Bonaparte  v.  State, 
63  Md.  446.  Mayor,  &c..  Balto.  v.  Hussey.  67  Md.  112.  Degner  v. 
Mayor,  &c.,  74  Md.  144.  Wells  v.  Hyattsville,  77  Md.  133.  County 
Commr’s  v.  Winand,  77  Md.  522.  U.  S.  Elec.  Light  Co.  v.  State,  79 
Md.  63.  Simpson  v.  Hopkins,  82  Md.  478.  Myers  z/.  Baltimore  County, 
83  Md.  386.  Fredk.  County  v.  Fredk.  City,  88  Md.  658.  Salisbury  v. 
Jackson,  89  Md.  521.  Kinehart  v.  Howard,  90  Md.  1.  Monticello  v. 
Baltimore  City,  90  Md.  426.  Balto.  City  v.  Safe  Deposit  & Trust  Co., 
97  Md.  659.  Balto.  City  v.  Allegheny  Co.,  99  Md.  1.  Cambridge  v. 
Water  Co.  99  Md.  501. 

Note  : — For  other  cases  relating  to  taxes  and  taxation,  see  under 
sections  4,  4A,  36,  40,  42  to  58  inclusive,  145  to  171  inclusive,  and  843  of 
the  Charter. 

Taxation  of  Easements  by  Appeal  Tax  Court : In  Article  81,  sections 
2,  4,  138  and  141,  the  Legislature  did  not  intend  that  such  an  easement 
as  the  Baltimore  and  Fredericktown  Turnpike  Company  possesses  in  its 
road-bed  in  Baltimore  City  should  be  assessable  by  the  Appeal  Tax  Court. 

Balto.  & Fredk.  Turnpike  Co.  v.  Mayor  & C.  C.  of 
Baltimore,  Daily  Record,  May  7,  1903. 


TAXES — ABATEMENTS  TO  ENCOURAGE  MANUFACTURES. 


85 


(c)  Abatements  to  Encourage  Manufactures. 

1880,  ch.  187. 

P.  L.  U.,  (1888)  Art.  4,  sec.  829. 

To  provide  by  general  ordinance,  whenever  it  shall 
seem  expedient  for  the  encouragement  of  the  growth  and 
development  of  manufactures  and  manufacturing  industry 
in  the  said  City,  for  the  abatement  of  any  or  all  taxes  ing  plants 

^ j.  mechan- 

levied  by  authority  of  the  said  Mayor  and  City  Council  ot  icai  tools. 
Baltimore,  or  by  ordinance  thereof,  for  any  of  the  corpo- 
rate uses  thereof,  upon  any  mechanical  tools  or  implements, 
whether  worked  by  hand  or  by  steam,  or  other  motive 
power,  machinery,  manufacturing  apparatus  or  engines 
owned  by  any  individual,  firm  or  corporation  in  said  City, 
and  properly  subject  to  valuation  and  taxation  therein, 
which  said  tools,  implements,  machinery,  apparatus  or  en- 
gines shall  be  actually  employed  and  used  in  the  business 
of  manufacturing  in  said  City,  and  it  shall  be  the  duty  of 
the  Appeal  Tax  Court  to  make  such  abatements  of  taxes 
levied  as  aforesaid  as  may  be  authorized  and  directed  by 
said  City  by  ordinance  as  aforesaid  ; provided  that  such 
abatement  shall  be  extended  to  all  persons,  firms  or  corpo- 
rations engaged  in  the  branches  of  manufacturing 
try  proposed  to  be  benefited  by  any  ordinance  passed  under  "j.": 
the  provisions  of  this  paragraph  of  this  section  ; provided 
further,  that  application  for  such  abatement  as  aforesaid 
shall  be  made  or  verified  to  the  satisfaction  of  said  Court 
by  the  oath  of  the  party  applying  for  the  same,  or  other 
satisfactory  evidence,  before  the  annual  revision  and  cor- 
rection of  the  tax  lists  in  each  year,  which  said  Appeal 
Tax  Court  is  by  law  required  to  make,  shall  be  completed 
and  returned  by  said  Court  to  the  City  Collector  and  Board 
of  Estimates,  and  not  afterwards  ; and  said  Court  shall 
further  keep  a record  of  all  abatements  made  by  it  afore- 
said,  and  report  in  writing  the  aggregate  amount  thereof  eruptions, 
during  the  year  to  the  said  Mayor  and  City  Council  of 
Baltimore  on  or  before  the  fifteenth  day  of  October  in 
each  year. 

Consol.  Gas  Co.  v.  Mayor  & C.  C.  of  Balto.,  62  Md.  588.  6/.,  Wells 

V.  Hyattsville,  77  Md.  125.  Electric  Eight  Co.  v.  Frederick  City,  84 
Md.  599. 


86 


GENERAL  POWERS. 


(d)  Collection  of  Taxes. 

xb40,  ch.  63.  1874,  ch.  39.  P.  L.  L.,  (1860)  Art.  4,  sec.  873.  P.  L.  L., 

(1888)  Art.  4,  secs.  830,  831. 

To  extend  the  limits  of  direct  taxation  within  the  said 
City,  from  time  to  time,  as  it  shall  deem  expedient.  To 
Powers  in  rela-  have  power  to  provide  by  ordinance  or  otherwise  for  the 
tion  S taS'  prompt  collection  of  taxes  due  the  City,  and  have  power  to 
sell  real  estate,  as  well  as  personal  property,  for  the  pay- 
ment of  taxes.** 

Mayor,  &c.  v.  Howard,  6 H.  &.  J.  383.  Dugan  v.  Mayor,  1 G.  & J. 
499.  Mayor,  &c.  v.  Chase,  2 G.  & J.  376.  Dallam  et  al  v.  Oliver’s 
Exrs.,  3 Gill  445,  Eschbach  v.  Pitts,  6 Md.  71.  Latrobe  v.  Mayor,  19 
Md.  13.  Appeal  Ti  r Court  z/.  W.  M.  R.  R.  Co.,  50  Md.  274.  Appeal 
Tax  Court  v.  Pattersv.  50  Md.  354.  Baltimore  v.  Hussey,  67  Md.  112. 
Union,  &c.  Co.  v.  Mayor,  71  Md.  238.  Degner  v.  Mayor,  74  Md.  144. 
Parlett  v.  Dugan,  85  Md.  407.  Textor  v.  Shipley,  86  Md.  442. 


(29)  THEATRICAL  AND  OTHER  PUBLIC  AMUSE- 
MENTS, 

P.  L.  L.  (1860)  Art.  4.  Sec.  906.  P.  L.  L.  (1888)  Art.  4,  Sec.  665. 

Power  to  li- 

rSuiate^  To  provide  for  licensing,  regulating  and  restraining 

theatrical  or  other  public  amusements  within  the  City  of 
Baltimore.  • 


(30)  WATER. 


(a)  Acquisition  of  Land  and  Watercourses. 


Powers  in  rela- 
tion to  water 
supply. 


1853,  Ch.  376.  P.  L.  L.  (1860)  Art.  4,  Sec.  928. 

P.  L.  L.  (1888)  Art.  4,  Sec.  915. 

To  establish,  operate,  maintain  and  control  a system 
of  water  supply  for  Baltimore  City,  and  to  pass  all  ordi- 
nances necessary  in  the  premises.  From  time  to  time  to 
contract  for,  purchase,  lease,  and  hold,  in  fee  simple,  or 
for  a term  of  years,  any  land,  real  estate,  spring,  brook. 


^*NoTK  : In  relation  to  collection  of  taxes  generally,  see^ 

Tuck  V.  Calvert,  33  Md.  209.  Dashiell  v.  Mayor,  45  Md.  615.  Wheeler 
V.  Addison,  54  Md.  41.  County  Commissioners  v.  Union  Mining  Co., 
61  Md  545.  Hebb  v.  Moore,  66  Md.  167.  Condon  v.  Maynard,  71  Md. 
601.  Faust Z'.  Building  Ass’n.,  84  Md.  186.  Fowble  Z'.  Kemp,  92  Md.  628. 


WATER — ACQUISITION  OF  PROPERTY  AND  MATERIAES. 


87 


water,  watercourse,  and  also  the  right  to  use  and  occupy, 
forever  or  for  a term  of  years,  any  land,  real  estate,  spring, 
brook,  water  or  watercourse  which  it  may  conceive  expe- 
dient and  necessary  for  the  purpose  of  conveying  water  in- 
to the  said  City  for  the  use  of  the  said  City  and  for  the 
health  and  convenience  of  the  inhabitants  thereof,  and  also 
the  right  to  enter  and  pass  through,  from  time  to  time,  as 
occasion  may  require,  and  to  use  and  occupy  the  said  lands, 
through  which  it  may  deem  necessary  to  convey  the  said 
water ; and  it  is  hereby  invested  with  all  the  rights  and 
powers  necessary  for  the  introduction  of  water  into  said  ^effe?tTntrS 
•City,  and  to  enact  and  pass  all  ordinances,  from  time  to  ^"terTnto 
time,  which  shall  be  deemed  necessary  and  proper  to  exer- 
cise  the  powers  and  effect  the  objects  above  specified. 

Mayor,  &c.  v.  Appold,  42  Md.  442.  Mayor,  &c.  v.  Warren  Mfg.  Co., 

59  Md  96.  Baltimore  City  v.  Merryman,  86  Md.  591.  Cf.^  Baltimore 
V.  Ritchie,  51  Md.  232.  Consolidated  Gas  Co.  v.  Balto.  County,  98  Md. 

695.  Callaway  v.  Baltimore  City,  99  Md.  316. 


(b)  Sale  of  Water. 

1882,  ch.  225.  P.  L.  L.,(1888)  Art.  4,  sec.  916. 

To  contract  with  individuals,  firms  or  corporations  for  contract 

the  use  of  the  water  of  said  City,  on  such  terms  and  for  use  of 

such  time  as  it  may  deem  proper  and  expedient. 

Baltimore  City  v.  Day,  89  Md.  555. 


(c)  Acquisition  of  Property  and  Materials  by  Agree- 
ment. 

P.  L.  L.,  (1860)  Art.  4,  sec.  929.  P.  L.  L.,  (1888)  Art.  4,  sec.  917. 

The  Mayor  and  City  Council  of  Baltimore,  or  any  agent 
authorized  by  it,  may  agree  with  the  owner  of  any  land, 
real  estate,  spring,  brook,  water  or  watercourse,  as  afore- 
said,  earth,  timber,  stone  or  other  materials  which  it  may  necessary 
conceive  expedient  or  necessary  to  purchase  and  hold,  for  [%du?/ng 
the  purpose  of  introducing  water  into  the  City  of  Balti- 
more. 

Baltimore  City  v.  Day,  89  Md.  551. 


88 


GENERAL  POWERS. 


May  condemn 
any  interest 
in  land  or 
property  or 
any  materials 
needed  in  in- 
troduction ci 
water  into 
City. 


Provisions  for 
summoning- 
jury  of  inqui- 
sition and 
notice  of 
same. 


(d)  Or,  May  Acquire  Same  by  Condemnation  Pro- 
ceedings. 

1853,  Ch.  376.  P.  U.  U.  (1860)  Art.  4,  Sec.  930. 

P.  L.  L.  (1888)  Art.  4,  Sec.  918. 

If  they  cannot  agree,  or  if  there  be  any  incapacity  or 
disability  to  contract  with  the  owner  of  such  land  or  real 
estate,  spring,  brook,  water  or  watercourse  as  aforesaid, 
earth,  timber,  stone,  or  other  materials,  or  with  the  owner 
of  such  lands  through  which  the  said  City  may  find  it  nec- 
essary to  have  a right  of  entry  and  passage,  for  the  pur- 
pose of  conveying  the  said  water  into  the  said  City,  or  if 
such  owner  should  be  absent,  out  of  the  State,  or  unknown, 
it  shall  be  lawful,  on  application  of  the  City,  for  any  Jus- 
tice of  the  Peace  of  the  county  in  which  said  lands,  earth 
or  other  property  or  materials  as  aforesaid  are  situate,  to 
issue  his  warrant  to  the  Sheriff,  of  said  county,  command- 
ing him  to  summon  from  the  said  county  a jury  of  twenty 
freeholders,  inhabitants  of  said  county,  not  related  to  the 
owner  or  persons  interested,  as  aforesaid,  in  the  said  real 
estate,  or  other  property,  to  meet  on  the  premises  which 
are  to  be  valued,  on  some  certain  day  to  be  named  in  said 
warrant,  of  which  said  warrant  and  the  day  therein  named 
for  the  meeting  of  the  jury,  twenty  days’  notice  shall  be 
given  previous  to  such  day  by  the  City  to  every  owner  or 
person  interested,  as  aforesaid,  or  if  any  owner  be  an  in- 
fant or  lunatic,  or  feme  covert,  to  his  or  her  guardian  or 
her  husband,  or  in  either  case  left  at  his  or  her  place  of 
abode,  or  if  out  of  the  State  or  unknown,  such  notice  shall 
be  published  not  less  than  eight  weeks  successively  in  some 
one  or  more  of  the  daily  newspapers  of  Baltimore  City,  and 
in  some  one  or  more  of  the  newspapers  of  the  county  in 
which  said  property  may  be  located,  if  any  newspapers  be 
published  in  such  county. 

Graff  V.  Mayor,  10  Md.  544.  Kane  v.  Mayor,  15  Md.  240.  Taylor  v. 
Mayor,  45  Md.  576.  Mayor,  &c.  v.  Warren  Mfg.  Co.,  59  Md.  96.  Balto. 
City  V.  Merryman,  86  Md.  591.  C/.,  Baltimore  v.  Ritchie,  51  Md.  233. 

Helfrich  v.  Catonsville  W.  Co.,  74  Md.  269. 


WATER — INQUISITION . 


89 


(e)  Selection  of  Jury. 

P.  L.  L.,  (1860)  Art.  4,  sec.  931.  P.  L.  L.,  (1888)  Art.  4,  sec.  919. 

From  the  list  of  jurors  so  returned  and  attending,  the 
person,  the  condemnation  of  whose  property  may  be  de- 
sired,  may  strike  four,  and  the  said  City  may  strike  four, 
so  that  the  number  of  jurors  be  reduced  to  twelve,  and  in  those  attend - 
case  either  party  shall  neglect  or  refuse  to  strike  off  the 
names  of  jurors,  then  it  shall  be  the  duty  of  the  Sheriff  or 
his  deputy,  who  shall  attend  as  hereinbefore  directed,  to 
strike  off  jurors  for  the  party  so  refusing  or  neglecting,  so 
that  the  number  of  jurors  be  reduced  to  twelve  as  aforesaid. 

(f)  Duty  of  Jury. 

P.  L.  L.  (1860)  Art.  4,  vSec.  932.  P.  L.  L.  (1888)  Art.  4,  Sec.  920. 

The  jurors  so  remaining  shall  inquire  into,  assess  and 
ascertain  the  sum  of  money  to  be  paid  by  the  said  City  for^Yng^^a^e^' 
land,  spring,  brook,  water  rights  or  other  property  which  beYS“ 
it  may  deem  necessary  to  purchase  and  hold  or  use  for  the 
purpose  aforesaid. 


(g)  Oath. 

P.  L.  L.  (1860)  Art.  4,  Sec.  933.  P.  L.  L.  (1888)  Art.  4,  Sec.  921. 

Before  the  said  jury  act  as  such  the  said  Sheriff  ot  his 
deputy  shall  administer  to  each  of  them  an  oath  that  he 
will  justly  and  impartially  value  the  damages  which  the 
owners  or  parties  holding  an  interest  therein  will  sustain 
by  the  use  and  occupation  of  said  property  by  the  City. 

(h)  Inquisition. 

P.  L.  L.  (1860)  Art.  4,  Sec.  934,  P.  L.  L.  (1888)  Art.  4,  Sec.  922. 

The  said  jury  shall  reduce  their  inquisition  to  writing 
and  shall  sign  and  seal  the  same,  and  it  shall  then  be  re-  ^ qulsufonYo 
turned  by  said  Sheriff  to  the  Clerk  of  the  Circuit  Court  for  retum^same 
said  County,  and  be  filed  by  such  clerk  in  his  office,  and 
shall  be  confirmed  by  said  court  at  its  next  session,  if  no 
sufficient  cause  to  the  contrary  be  shown  ; and  when  con- 
firmed shall  be  recorded  by  the  said  clerk  at  the  expense 
of  the  city. 


90 


GENERAL  POWERS. 


Appeals. 


(i)  Duty  of  Court. 

P.  L.  L.  (1860)  Art.  4,  Sec  935.  1876,  Ch.  19.  P.  L.  L.  (1888)  Art.  4, 
Sec.  923. 

If  not  confirm-  Confirmed,  the  said  court  may  direct  another  in- 

orde?anoSie^  Quisition  in  the  manner  above  described.  From  any  de- 
inquisition.  cision  on  matter  of  law  made  by  said  court  on  a hearing 
for  confirmation,  an  appeal  may  be  taken  to  the  Court  of 
Appeals ; provided,  that  such  appeal  be  taken  within  ten 
days  after  such  decision  shall  be  made,  and  the  Court  of 
Appeals  may  award  costs  to  either  party  in  its  discretion. 

Taylor  v.  Mayor,  45  Md.  576. 

(j)  Property  Condemned. 

P.  L.  L.  (1860)  Art.  4,  Sec.  936.  P.  L.  L.  (1888)  Art.  4,  Sec.  924. 
Property  taken  The  inquisitioR  shall  describe  the  property  taken  or 
ed  and  inter- the  bounds  of  the  land  condemned,  and  the  quantity  or 
stated.  duration  of  the  interest  in  the  same,  valued  to  the  City  ; 

and  such  valuation,  when  paid  or  tendered  to  the  owner  of 
said  property,  or  his  legal  representative,  shall  entitle  the 
City  to  the  use,  estate  and  interest  in  the  same  thus 
^wsVin^city.  valued,  as  fully  as  if  it  had  been  conveyed  by  the  owner 
of  the  same  ; and  the  valuation,  if  not  received  when  ten- 
dered, may  at  any  time  thereafter  be  received  from  the 
City,  without  interest,  by  the  said  owner  or  his  legal  rep- 
resentative. 

Ma}^or,  etc.  v.  Warren  Mfg.  Co.,  59  Md.  96. 

(k)  Selection  of  Jury. 

P.  L.  L.,  (1860)  Art.  4,  sec.  937.  P.  L.  L.,  (1888)  Art.  4,  sec.  925. 

If  the  twenty  jurors  summoned  as  aforesaid  shall  not 
appear  at  the  time  and  place  as  aforesaid  the  Sheriff  or 
his  deputy,  as  the  case  may  be,  shall  forthwith  summon 
other  freeholders  of  the  county,  from  the  bystanders  or 
others  qualified  as  aforesaid,  to  make  up  the  said  jury  to 
the  number  of  twelve. 


Talesmen ; 
completion 
of  jury. 


(l)  Compensation  of  Jurors  and  Sheriff. 

P.  L.  L.,  (I860)  Art.  4,  sec.  938.  P.  L.  L.,  (1888)  Art.  4,  sec.  926. 

To  receive  com-  The  jurors  so  summoned  and  attending  shall  be  allowed 
fo^wld1uro?i’ the  same  compensation  as  is  allowed  to  the  jurors  in  the 
comfi  Circuit  Court  for  the  County,  and  the  sheriff  shall  be 


WATER — WATER  STOCK. 


91 


allowed  similar  fees  as  are  allowed  by  law  for  the  sum- 
moning jurors  to  attend  Circuit  Court  for  the  county,  and 
also  a per  diem  of  two  dollars  for  every  day  he  or  his 
deputy  shall  be-  in  attendence  upon  an  inquisition;  and 
such  expenses  shall  be  paid  by  the  City,  except  in  cases  of 
objection  to  the  confirmation  of  inquisitions  before  the 
Circuit  Court,  when  the  costs  in  said  Court  may  be  awarded 
in  the  discretion  of  the  Court. 

(m)  Water  Stock. 

1870,  ch.  24.  P.  E.  L.,  (1888)  Art.  4,  sec.  927. 

For  the  purpose  of  defraying  all  the  expenses  and  ^ c.  of 
costs  of  lands,  waters  and  water  rights  as  have  been  taken 
for  the  purposes  aforesaid,  and  of  constructing  all  works  st°ck 
necessary  to  the  accomplishment  of  said  purposes,  and  all  exceeSinT*" 
expenses  incident  thereto,  the  said  City  shall  have  author-  $5,ooo.ooo. 
ity,  in  the  name  of  the  City,  to  issue  certificates  of  debt, 
to  be  denominated  on  the  face  Baltimore  Water  Stock  to 
an  amount  not  exceeding  five  million  dollars  bearing 
interest  not  exceeding  six  per  cent,  per  annum,  and  to 
provide  by  ordinance  for  the  redemption  of  the  same  at  a 
certain  time,  under  such  provisions  as  the  City  may  deem 
expedient  and  proper.  The  said  City  is  authorized  and 
empowered  to  assess  rates  for  the  supply  and  use  of  water 
at  any  point  in  Baltimore  City  or  County,  and  also  to  ^raTe?TnTen- 
enforce  payment  for  the  use  of  water,  and  other  expenses 
incurred  in  the  introduction  of  water  from  the  water 
mains,  according  to  the  rates  established  by  the  said  City, 
said  payments  to  be  enforced  by  the  same  process  that 
City  or  state  taxes  are  collected,  or  that  may  be  collected 
by  process  before  a Justice  of  the  Peace,  or  in  any  of  the 
Courts  of  the  City  of  Baltimore  having  jurisdiction  in  such 
cases.  The  said  City  is  authorized  and  empowered  to 
appoint  watchmen  or  such  police  force  as  may  be  necessary 
for  the  protection  of  its  water  works  in  the  City  and  County  ^ wateSJstem 
of  Baltimore,  and  to  impose  fines  and  penalties  for  inter-  pSnution!  or 
ference  with  or  injury  to  the  works  or  their  appendages,  wuh 
To  prevent  the  water  from  being  obstructed  or  contami- 
nated, and  to  prohibit  all  meddling  or  tampering  with  the 


92 


GENERAL  POWERS 


water  works  and  their  appurtenances;  said  fines  and 
penalities  shall  be  enforced  and  collected  as  other  fines 
and  penalties  are  enforced  and  collected  by  law.  * 


Bonds  to 
amount  of 
$1,000,000 
may  be 
issued. 


(n)  Water  Bonds. 

1886,  ch.  121.  P.  L.  L.,  (1888)  Art.  4,  sec.  928. 

To  issue  bonds  or  certificates  of  indebtedness  to  an 
amount  not  exceeding  one  million  dollars,  from  time  to 
time,  as  the  same  may  be  required,  payable  at  such  time 
and  bearing  such  rate  of  interest  not  exceeding  five  per 
cent,  per  annum  as  the  said  City  shall  provide  by  ordinance, 

. the  proceeds  of  the  said  bonds  or  certificates  of  indebted- 
ness  to  be  applied  to  the  purpose  of  constructing  and 
powder  Falls,  completing  Lake  Clifton,  as  proposed  to  be  constructed  on 
the  line  of  the  work  of  the  introduction  of  the  water  of 
the  Gunpowder  Falls  to  the  City  of  Baltimore,  and  for  the 
acquisition  of  the  necessary  land  in  Baltimore  County, 
whereon  to  locate  one  or  more  reservoirs,  and  for  the 
construction  of  said  reservoir  or  reservoirs,  and  for 
obtaining  such  pumping  machinery  as  may  be  necessary 
in  connection  therewith,  and  for  procuring  and  laying  of 
iron  pipes  or  mains  for  the  purpose  of  distributing  said 
water  to  the  inhabitants  of  said  City;  provided,  however, 
that  the  said  bonds  or  certificates  of  indebtedness  shall* 
not  be  issued  until  the  ordinance  which  the  City  is  autho- 
rized to  enact  for  such  issue  shall  be  approved  by  a 
majority  of  the  legal  voters  of  Baltimore  City,  at  the  time 
and  place  to  be  appointed  by  said  ordinance  in  the  pro- 
visions for  submitting  the  same  to  the  legal  voters  of 
said  City,  as  required  by  section  7 of  Article  XI  of  the 
Constitution  of  the  State. 


*NotE. — In  reference  to  the  above  mentioned  water  stock,  see  case  of 
Duke  Bond  v.  Mayor,  etc.  of  Baltimore,  pending  in  the  Court  of  Appeals, 
October  term,  1906. 

See  Code  1879,  notes,  pages  1156  & 1157. 


Note  : Approved  by  people  October  election,  1886. 


WATER  SYSTEM  IN  ANNEX  AND  SUBURBS. 


93 


(o)  Water  System  in  Annex  and  Suburbs. 

P.  L.  L.,  (1860)  Art.  4,  sec.  940.  P.  h.  U.,  (1888)  Art.  4,  sec.  930. 

1888,  cli.  98,  sec.  25. 

Before  the  City  shall  lay  any  water  pipes  along  any  pfpeTifd  ap- 
street,  road,  lane  or  avenue  in  the  territory  annexed  to  the  cLto"nswne 
City  of  Baltimore  under  the  provisions  of  the  Act  of  1888,  af  pro- 

Chapter  98,  upon  which  the  Catonsville  Water  Company 
has  laid  its  pipes  and  other  water  appliances,  the  said  City 
shall,  if  said  company  desires  to  surrender  said  pipes  and 
water  appliances  in  such  street,  road,  lane  or  avenue,  to 
the  City,  pay  to  the  said  company  the  fair  value  of  its 
water  pipes  and  other  water  appliances  constructed  in  said 
street,  lane,  road  or  avenue,  and  such  actual  damages  to 
the  said  company  as  shall  be  caused  by  the  acquisition  of 
said  pipes  and  appliances  by  the  City  ; and  the  amount  so 
to  be  paid,  if  the  said  company  and  the  said  City  cannot 
agree  in  reference,  thereto,  shall  be  ascertained  by  a major- 
ity of  a board  of  three  arbitrators,  one  to  be  appointed  by  the 
City,  and  one  by  .^aid  company,  and  the  two  arbitrators 
thus  appointed  shall  appoint  the  third  arbitrator ; and  if 
they  cannot  agree  upon  such  third  arbitrator  the  latter 
shall  be  appointed  by  the  Governor  of  the  State  ; provided, 
whenever  the  Mayor  and  City  Council  of  Baltimore  shall 
extend  its  water  mains  for  the  purpose  of  supplying  water 
therein  into  the  territory  of  Baltimore  County  previously  ^"ing®to?iten- 
occupied  by  some  other  water  company  then  supplying 
water  to  residents  of  such  locality,  said  Mayor  and  City 
Council  of  Baltimore,  before  it  shall  supply  water  to  users 
in  said  territory,  shall  purchase  or  condemn  the  water 
pipes  and  rights  of  said  local  water  company.  To  purchase 
all  the  property,  rights,  estates  and  privileges  of  any 
chartered  company  authorized  to  introduce,  or  which  may 
hereafter  be  authorized  to  introduce,  water  into  said  City, 
upon  such  terms  as  may  be  agreed  upon  by  the  City,  and 
such  corporation  or  corporations,  in  the  manner  prescribed 
in  their  respective  charters,  or  in  the  absence  of  such  pro- 
visions, as  shall  be  agreed  upon  by  the  said  City  and  such 
corporation  or  corporations ; and  such  corporation  is  au-  ^Jqulpmelu  of 
thorized  to  execute  a conveyance  to  the  City  of  all  the  pa^tliJs'^wiih 
franchises  and  property  of  said  corporation  ; and  all  such  poweSy 


94 


FRANCHISES. 


rights,  privileges  and  franchises  shall  be  vested  in  the 
Mayor  and  City  Council  of  Baltimore,  to  be  held,  exercised 
and  enjoyed  by  the  said  City  as  fully  in  every  respect  as 
might  or  could  have  been  done  by  any  such  corporation  or 
corporations  under  their  respective  charters. 

Balto.  City  v.  Balto.  Co.  Water  & Electric  Co.,  95  Md.  242. 

(31)  Welfare  and  Other  Powers. 
tion  not  re-  The  foregoing  or  other  enumeration  of  powers  in  this 
foregoing  or  Article  shall  not  be  held  to  limit  the  power  of  the  Mayor 
enumerated  and  City  Council  of  Baltimore,  in  addition  thereto  to  pass 
powers.  ordinances  not  inconsistent  with  the  provisions  of  this 

Article  or  the  laws  of  the  State  as  may  be  proper  in  exe- 
cuting any  of  the  powers,  either  express  or  implied,  enum- 
erated in  this  section  and  elsewhere  in  this  Article,  as 
well  as  such  ordinances  as  it  may  deem  expedient  in  main- 
taining the  peace,  good  government,  health  and  welfare  of 
enaities  Baltimore  ; and  it  may  provide  for  the  enforce- 

authorized.  ment  of  all  such  ordinances  by  such  penalties  and  imprison- 
ments as  may  be  prescribed  by  ordinance  ; but  no  fine  shall 
exceed  five  hundred  dollars,  nor  imprisonment  exceed 
twelve  months  for  any  offence. 

Bostock  V.  Sams,  95  Md.  415.  Cf.^  Commrs.  of  Easton  v.  Covey,  74  Md. 

262.  Deems  v.  Mayor  & C.  C.  of  Balto.,  80  Md.  164. 


FRANCHISES. 

B?d-  The  title  of  the  Mayor  and  City  Council  of  Baltimore, 
in  and  to  its  water  front,  wharf  property,  land  under  water, 
public  landings,  wharves  and  docks,  highways,  avenues, 
streets,  lanes,  alleys  and  parks,  is  hereby  declared  to  be 
inalienable. 

Townsend,  Grace  & Co.  v.  Epstein,  93  Md.  537.  Purnell  v.  McLane, 
98  Md.  591.  Brauer  v.  Refrigerating  Co.,  99  Md.  380.  Cf.,  Westmins- 
ter Water  Co.  v.  Westminster,  98  Md.  551. 

1904,  ch.  616.  1906,  ch.  152. 

8.  The  Mayor  and  City  Council  of  Baltimore  may  grant 
fran- f or  a limited  time  and  subject  to  the  limitations  and  condi- 
fkiiSdTime.  tions  contained  in  this  Article,  specific  franchises  or  rights 
in  or  relating  to  any  of  the  public  property  or  places  men- 
tioned in  the  preceding  section  ; provided  that  such  grant 


TERMS  AND  CONDITIONS  OF  GRANTS  AND  FRANCHISES.  95 

is  in  compliance  with  the  requirements  of  this  Article,  and 
that  the  terms  and  conditions  of  the  grant  shall  have  first 
been  authorized  and  set  forth  in  an  ordinance  duly  passed 
by  the  City.  Every  such  grant  shall  specifically  set  forth, 
define  the  nature,  extent  and  duration  of  the  franchise  or 
right  thereby  granted,  and  no  franchise  or  right  shall  pass 
by  implication  under  any  such  grant ; and,  notwithstanding 
any  such  grant  the  Mayor  and  City  Council  of  Baltimore 
shall  at  all  times  have  and  retain  the  power  and  right  to 
reasonably  regulate  in  the  public  interest  the  exercise  of 
the  franchise  or  right  so  granted  ; and  the  said  Mayor  and 
City  Council  of  Baltimore  shall  not  have  the  power  by  grant 
or  ordinance  to  divest  itself  of  the  right  or  power  to  so  regu- 
late the  exercise  of  such  franchise  or  right.  But  no  fran- 
chise shall  be  granted  for  the  erection  on  any  of  the  streets, 
lanes,  or  alleys  of  the  said  city  of  any  awning  poles,  posts, 
hitching  posts,  barber  poles,  railings,  stepping  stones,  ‘^YhfJes^noTto 
sign  posts,  horse  troughs,  clocks,  stands  of  any  character, 
or  cellar  doors  or  coal  holes,  unless  the  same  be  flush  with 
the  pavement ; nor  shall  any  franchise  be  granted  for  an 
open  area,  unless  the  same  is  used  as  a means  of  entrance 
to  buildings  used  primarily  for  purposes  of  residence,  and 
only  in  such  case  when  the  same  does  not  extend  more  than 
three  and  one-half  feet  from  the  building  line.* 

Townsend,  Grace  & Co.  v.  Epstein,  93  Md.  537.  Purnell  v.  McLane, 

98  Md.  589.  Simon’s  Sons  v.  Md.  Telephone  Co.,  99  Md.  141.  Brauer 
V.  Refrigerating  Co.,  99  Md.  380.  Storck  v.  Baltimore  City,  101  Md.  476. 

Terms  and  Conditions  of  Grants  and  Franchises.  Franchises  not 

to  be  given 

9.  No  franchise  or  right  in  relation  to  any  highway,  period  fhan 
avenue,  street,  lane  or  alley,  either  on,  above  or  below  the 


*Note. — In  relation  generally  to  franchises  granted  by  the  munic- 
ipality, see : 

Baltimore  v.  Clunet,  24  Md.,  469.  N.  Balto.  Pass.  R.  R.  Co.  v.  N. 
Ave.  Ry.  Co.,  74  Md.  243.  N.  Balto.  Pass.  R.  R.  Co.  v.  Baltimore,  74 
Md.  250.  Bonaparte  v,  Take  Rol.  Elv.  R.  R.  Co.,  75  Md.  340.  Lake 
Rol.  Elv.  R.  R.  Co.,  V.  'Balto..  77  Md.  372-379.  ex  rel.  v.  Latrobe, 

81  Md.  222.  Park  Tax  Case,  84  Md.  1.  Hooper  v.  Balto  City  Pass  Ry. 
Co.,  85  Md.  509.  Bear  Creek  Co.  v.  Baltimore  City,  87  Md.  84.  Balti- 
more City  V.  N.  C.  Ry.  Co.,  88  Md.  691.  dies.  & Pot.  Telephone  Co. 
V.  Baltimore  City,  89  Md.  689.  Mealey  v.  Mayor  of  Hagerstown,  92 
Md.  752.  Balto  County  Water  Co.  v.  Baltimore,  95  Md.  242.  Consoli- 
dated Gas  Co.  V.  Schreiber,  99  Md.  403. 


96 


FRANCHISES. 


surface  of  the  same,  shall  be  granted  by  the  Mayor  and 
City  Council  of  Baltimore  to  any  person  or  corporation 
for  a longer  period  than  twenty-five  years,  but  such  grant 
may,  at  the  option  of  the  City,  provide  for  giving  to  the 
grantee  the  right,  on  fair  re-valuation,  including  in  such 
re- valuation  the  value  derived  from  the  said  franchise  or 
right,  to  renewals  not  exceeding  in  the  aggregate  twenty- 
five  years.  Such  grant  may  provide  that  upon  the  termi- 
nation of  the  said  franchise  or  right  granted  by  the  City, 
the  plant,  as  well  as  the  property  of  the  grantee  situated 
in,  above  or  under  the  highways,  avenues,  streets,  lanes 
or  alleys  aforesaid,  with  its  appurtenances,  shall  thereupon 
be  and  become  the  property  of  the  City,  without  further 
or  other  compensation  to  the  grantee  ; or  such  grant  may 
provide  that  upon  such  determination,  there  shall  be  a fair 
Atitsexpira-  valuation  of  the  plant  and  property,  which  shall  be  and 
become  the  property  of  the  City  at  its  election,  on  paying 
Sty  II  pVo-  the  grantee  said  valuation.  If,  by  virtue  of  the  grant,  the 
plant  and  property  are  to  become  the  property  of  the  City, 
without  money  payment  therefor,  the  City  shall  have  the 
option,  either  to  take  and  operate  the  said  property  on  its 
own  account,  or  to  renew  the  said  grant  for  not  exceeding 
twenty-five  years  on  a re-valuation,  or  sell  the  same  to  the 
highest  bidder  at  public  sale.  If  the  original  grant  shall 
prescribe  that  the  Mayor  and  City  Council  of  Baltimore 
shall  at  its  election  make  payment  for  such  plant  and 
property,  such  payment  shall  be  at  a fair  valuation  of  the 
same  as  property,  excluding  any  value  derived  from  the 
franchise  or  right  and  if  the  City  shall  make  payment  for 
^ ate  piYnt  if such  plant  and  property,  it  may,  in  that  event,  operate  the 
desired.  plant  and  property  on  its  own  account  for  five  years,  after 
which  it  may  determine  either  to  continue  such  operation 
on  its  own  account  or  to  lease  the  said  plant  and  property 
and  the  said  franchise  or  right  to  use  the  highways,  ave- 
nues, streets,  lanes  and  alleys  or  other  public  property  in 
connection  therewith,  for  limited  periods,  under  such  rules 
and  regulations  as  it  may  prescribe,  or  to  sell  the  plant  and 
City  may  com-  property  to  the  highest  bidder  at  public  sale.  Every  grant 
of  any  such  franchise  or  right  shall  make  provision,  by 
giant.°^  way  of  forfeiture  or  otherwise,  of  the  grant  for  the  purpose 


TERMS  AND  CONDITIONS  OF  GRANTS  AND  FRANCHISES. 


97 


of  compelling  compliance  with  the  terms  of  the  grant, 
and  to  secure  efficiency  of  public  service  at  reasonable 
rates,  and  the  maintenance  of  the  property  in  good  condi- 
tion, throughout  the  full  term  of  the  grant.  The  grant 
shall  also  specify  the  mode  of  determining  the  valuations 
and  re-valuations  which  may  be  provided  for  therein. 

Purnell  v.  McLane,  98  Md.  589.  Brauer  Refrigerating  Co.,  99  Md, 
380.  Consolidated  Gas  Co.  v.  Schreiber,  99  Md.  403.  Cf.,  Mealy 
Mayor  of  Hagerstown,  92  Md.  741. 


1900,  ch.  109. 

10.  Before  any  grant  of  the  franchises  or  right  to  use 
any  highway,  avenue,  street,  lane  or  alley,  or  other  pub- 
lic property,  either  on,  above  or  below  the  surface  of  the 
same  shall  be  made,  the  proposed  specific  grant,  except  as 
provided  in  the  proviso  to  section  37  of  this  Article,  em-  ^ mates  to  pub- 
bodied  in  the  form  of  a brief  advertisement,  prepared  by  vertisement 
the  Board  of  Estimates,  at  the  expense  of  the  applicant,  franchise  ap- 
shall  be  published  by  the  Comptroller  for  at  least  three 
days  in  one  daily  newspaper  published  in  Baltimore  City  to 
be  designated  by  the  Board  of  Estimates,  and  all  the  pro- 
visions of  section  37  of  this  Article  shall  be  complied  with. 

Purnell  v.  McEane,  98  Md.  591.  Brauerz^,  Refrigerating  Co.,  99  Md.  380. 


11.  When  the  grant  of  a franchise  or  right  is  made  in 
compliance  with  the  aforegoing  sections,  the  Mayor  and 
City  Council  of  Baltimore  shall  not  part  with,  but  shall  ex-  Municipal  con- 
pressly  reserve  the  right  and  duty,  at  all  times,  to  exer-  Ke 
cise,  in  the  interest  of  the  public,  full  municipal  superin- 
tendence,  regulation  and  control,  in  respect  to  all  matters 
connected  with  said  grant  and  not  inconsistent  with  the 
terms  thereof. 

Purnell  n).  McEane,  98  Md.  591.  Brauer  v.  Refrigerating  Co.,  99 
Md.  380.  Cf.,  N.  C.  Ry.  Co.  v.  Baltimore,  21  Md.  104. 


12.  Sections  8,  9,  10  and  11  of  this  article  shall  apply  Similar  terms 

’ and  con- 

to  any  renewal  or  extension  of  the  grant  or  leasing  of  the  f^j^ions  to  ap- 

^ ® ply  to  renew- 

property  to  the  same  grantee  or  to  others.  ^is. 


98 


UNUSED  CITY  PROPERTY — CONTRACTS  WITH  THE  CITY. 


UNUSED  CITY  PROPERTY. 

13.  Nothing  contained  in  this  Article  shall  prevent 
not^neS?d  Mayor  and  City  Council  of  Baltimore  from  disposing  of 
S'^Jr^dispos-  building  or  parcel  of  land  no  longer  needed  for  public 

use  ; provided,  that  such  disposition  shall  be  approved  by 
the  Finance  Commissioners  by  their  uniting  in  the  convey- 
ance thereof,  and  shall  be  made  at  public  sale,  and  be  pro- 
vided for  by  ordinance ; nor  to  the  renting  for  fixed  and 
limited  terms  of  any  of  its  property  not  needed  for  public 
purposes,  on  approval  of  the  Commissioners  of  Finance.** 

CONTRACTS  WITH  THE  CITY. 

14.  Hereafter  in  contracting  for  any  public  work  or 
the  purchase  of  any  supplies  or  materials  involving  an  ex- 
penditure of  five  hundred  dollars  or  more  for  the  City,  or 
by  any  of  the  City  departments,  sub-departments  or  muni- 

proposais  must  cipal  officors  not  embraced  in  a department,  or  special  corn- 
er where  the  missions  or  boards,  unless  otherwise  provided  for  in  this 
chase  of  sup-  Article,  proposals  for  the  same  shall  be  first  advertised 
more  than  for,  in  two  or  more  daily  newspapers  published  in  Balti- 
more  City,  for  not  less  than  ten  nor  more  than  twenty 
days,  and  the  contract  for  doing  said  work  of  furnishing 
said  supplies  or  materials,  shall  be  awarded  by  the  Board 
provided  for  in  the  next  section  of  this  Article,  and  in  the 
mode  and  manner  as  therein  prescribed,  t 

American  Lighting  Co.  v.  McCuen,  92  Md.  702.  Packard  v.  Haj  es, 
94  Md.  233.  Smith  v.  Hayes,  98  Md.  485.  Building  Supply  Co.  v. 
Baltimore  City,  100  Md.  192.  Flack  v.  M.  & C.  C.  of  Balto.,  Daily 
Record,  July  6,  1906  (103  Md.) 

**Note.  — For  decisions  in  relation  to  disposition  of  its  lands  and 
property  by  the  municipality,  see, 

Rittenhouse  v.  Mayor.  25  Md.  336.  Newbold  v.  Glenn,  67  Md.  489. 
Kilpatrick  v.  M.  & C.  C.  of  Balto.,  81  Md.  195.  Davidson  v.  Balto. 
City,  96  Md.  509. 

tNoTE. — As  to  cases  arising  out  of  contracts  with  city  prior  to  the 
enactment  of  the  New  City  Charter,  see  the  following : 

Baltimore  z/.  Bschbach,  18  Md.  276.  Mayor,  etc.,  v.  Reynolds,  20  Md. 
1.  Mayor  v.  B.  & O.  R.  R.  Co.,  21  Md.  52.  Rittenhouse  v.  M.  &C.C.  of 
Balto.,  25  Md.  336.  Mayor  v.  Musgrave,  48  Md.  272.  Mayor,  &c.  v. 
Weatherby.  52  Md.  442.  Kelly  v.  Mayor,  53  Md.  134.  Morgan  M.  & 
C.  C.  of  Balto.,  58  Md.  509.  Baltimore  v.  Raymo,  68  Md.  569.  Wilson 
V.  Balto.  City,  83  Md.  203.  See  further.  Mealey  v.  M.  & C.  C.  of 
Hagerstown,  92  Md.  741  See  also,  cases  under  Section  15,  post. 


BOARD  OF  AWARDS. 


99 


BOARD  OF  AWARDS. 

16.  All  bids  made  to  the  Mayor  and  City  Council  of 
Baltimore  for  supplies  or  Work  for  any  purpose  whatever,  Bidstobeopen- 
unless  otherwise  provided  in  this  Article,  shall  be  opened  Jf  AwSdi^ 
by  a Board,  or  a majority  of  them,  consisting  of  the  Mayor, 
who  shall  be  president  of  the  same  ; the  Comptroller,  City 
Register,  City  Solicitor,  and  the  President  of  the  Second 
Branch,  which  Board,  or  majority  of  them,  shall,  after 
opening  said  bids,  award  the  contract  to  the  lowest  re- 
sponsible bidder.  The  successful  bidder  shall  promptly  ex- 
ecute a formal  contract  to  be  approved  as  to  its  form, 
terms  and  conditions  by  the  City  Solicitor,  and  he  shall  also  cute  contract, 
execute  and  deliver  to  the  Mayor  a good  and  sufficient 
bond  to  be  approved  by  the  Mayor  in  double  the  amount  of 
the  contract  price.  To  all  such  bids  there  shall  be  attached 
a certified  check  of  the  bidder  and  the  bidder  who  has  had 
the  contract  awarded  to  him,  and  who  fails  to  promptly  and 
properly  execute  the  required  contract  and  bond  shall  forfeit  ^ tolccompSy 
said  check.  The  said  check  shall  be  taken  and  considered  as 
liquidated  damages,  and  not  a penalty,  for  failure  of  said 
bidder  to  execute  said  contract  and  bond.  Upon  the  ex- 
ecution of  said  contract  and  bond  by  the  successful  bidder, 
the  said  check  shall  be  returned  to  him.  The  amount  of 
said  check  shall  be  five  hundred  dollars,  unless  otherwise 
provided  by  ordinance,  or  an  order  or  regulation  of  the 
department  for  whose  use  the  bids  are  made  and  contract 
entered  into.  The  checks  of  the  unsuccessful  bidders  shall 
be  returned  to  them  after  opening  the  bids  and  awarding  conditions, 
the  contract  to  the  successful  bidder.  * 

American  Lighting  Co.  v.  McCuen,  92  Md.  705.  Packard  v.  Hayes, 

94  Md.  233.  .Smith  v.  Hayes,  98  Md.  485.  Callaway  v.  Baltimore,  99 
Md.  315.  Building  Supply  Co.  v.  Baltimore  City,  100  Md.  192.  Flack 
V.  Mayor,  etc.,  Baltimore,  Daily  Record,  July  6,  1906  (103  Md ) 


*Note. — As  to  decisions  relating  to  bids  and  awards  in  cases  arising 
prior  to  the  enactment  of  the  New  City  Charter,  see  : 

Baltimore  v.  Eschbach,  18  Md.  276.  Mayor  v.  Musgrave,  48  Md.  272. 
Kelly  V.  Mayor,  53  Md.  134.  Baltimore  v.  Keyser,  72  Md.  110.  Madi- 
son V.  Harbor  Board,  76  Md.  395.  Wilson  v.  M.  & C.  C.  of  Baltimore, 
83  Md.  203.  Bear  Creek  Co.  v.  Baltimore,  87  Md.  84;  Cf.,  Mealey  v. 
Hagerstown,  92  Md.  752. 


100 


MAYOR. 


Inhabitants  of 
Baltimore  to 
elect  Mayor 
every  four 
years. 


Election  when 
to  be  held, 


Qualifications 
of  Mayor. 


Supplemen- 
tary registra- 
tion of  voters 
prior  to  every 
municipal 
election. 


Vacancy-Pres- 
ident Second 
Branch  to  be 
Mayor. 


MAYOR. 

P.  Iv.  L.,  (1888)  Art.  4,  Sec.  7. 

16.  The  inhabitants  of  the  City  of  Baltimore  qualified 
to  vote  for  members  of  the  House  of  Delegates  shall,  on 
the  Tuesday  next  after  the  first  Monday  in  May,  eighteen 
hundred  and  ninety-nine,  and  on  the  same  day  and  month 
in  every  fourth  year  thereafter,  elect  by  ballot  a person  of 
known  integrity,  experience  and  sound  judgment,  over 
twenty-five  years  of  age,  a citizen  of  the  United  States, 
and  five  years  a resident  of  said  City  next  preceding  the 
election,  and  assessed  with  property  in  said  City  to  the 
amount  of  two  thousand  dollars,  and  who  has  paid  taxes 
thereon  for  two  years  preceding  his  election,  to  be  Mayor 
of  the  City  of  Baltimore ; but  the  Mayor  chosen  at  the 
first  election  under  this  section  shall  not  enter  upon  the 
discharge  of  the  duties’  of  the  office  until  the  expiration  of 
the  term  for  which  the  present  Mayor  was  elected  ; unless 
the  said  office  of  Mayor  shall  become  vacant  by  death, 
resignation,  removal  from  the  State  or  other  disqualification 
of  the  present  Mayor. 

Vanneman  v.  Pusey,  93  Md.  686. 

17.  Prior  to  every  municipal  election,  as  provided  for 
in  this  Article,  there  shall  be,  on  the  first  and  second 
Mondays  of  April,  a supplementary  registration  of  voters 
of  Baltimore  City,  which  registration  shall  be  under  the 
supervision  of  the  Supervisors  of  Election,  and  conducted 
in  conformity  with  the  provisions  of  the  law  then  in  force 
relating  to  the  registration  of  voters.  On  each  day  of  said 
registration  the  registers  shall  revise  the  list  of  registered 
voters  made  at  their  last  regular  sitting,  by  adding  the 
names  of  those  persons  who  are  entitled  to  registration  at 
that  time,  and  striking  from  said  registration  lists  the 
names  of  those  persons  who  have  died  or  become  disquali- 
fied since  the  said  last  sitting,  and  the  registration  lists 
used  at  the  preceding  November  election,  after  being 
revised  as  herein  directed,  shall  be  used  at  the  municipal 
election  in  May. 

18.  In  case  of  vacancy  in  the  office  of  Mayor  by  death, 
resignation  or  permanent  disqualification,  the  President 


MAYOR . 


101 


of  the  Second  Branch  of  the  City  Council  shall  be  Mayor  for 
the  residue  of  the  term  for  which  said  Mayor  was  elected. 

19.  In  case  of  sickness  or  necessary  absence  of  the 

Mayor,  the  President  of  the  Second  Branch  of  the  City  Sr  siS- 

Council  shall  be  ex  officio  Mayor  of  the  City  during  the 
continuance  of  said  sickness  or  necessary  absence. 

20.  The  term  of  Mayor  shall  commence  on  the  Tuesday 

next  after  the  third  Monday  of  May  succeeding  his  election,  Term  of  Mayor, 
and  continue  for  four  years,  and  until  his  successor  shall 
be  elected  and  qualified,  and  he  shall  receive  a salary  of 
six  thousand  dollars  per  annum,  payable  monthly.  He  may 
appoint  such  persons  to  aid  him  in  the  discharge  of  his 
duties  as  may  be  prescribed  by  ordinance. 

1906,  ch.  420. 

20a.  Hereafter,  all  checks  of  the  Mayor  and  City  checks ; by 
Council  of  Baltimore  shall  be  signed  by  the  City  Register  SgnLdSid^ 
and  countersigned  by  either  the  Mayor  or  the  City  Comp-  ^ountersign- 
troller  and  all  bonds  executed  in  favor  of  the  Mayor  and 
City  Council  of  Baltimore  shall  be  approved  either  by  the 
Mayor  or  by  the  City  Comptroller,  and  all  contracts  relative 
to  the  respective  departments  of  the  City  Government,  sub-  by°”' 
departments,  municipal  officers  not  embraced  in  a depart-  S'ec'^ted  on 
ment,  special  commissions  or  boards,  shall  be  executed  on  cfty?^^ 
behalf  of  the  Mayor  and  City  Council  of  Baltimore  by 
either  the  Mayor  or  the  respective  heads  of  said  depart- 
ments, sub-departments,  municipal  officers  not  embraced 
in  a department,  special  commissions  or  boards,  or  the 
chairman  or  President  as  the  case  may  be,  of  said  special 
commissions  or  boards. 


P.  h.  h.,  (I860)  Art.  4,  Sec.  8.  P.  L.  L.,  (1888)  Art.  4,  Sec.  11. 

21.  The  Mayor,  by  virtue  of  his  office,  shall  have  all  His  powers  as 
the  jurisdiction  and  power,  as  a conservator  of  the  peace, 
of  a Justice  of  the  Peace,  and  may  call  upon  any  officer  of 
the  City  entrusted  with  the  receipt  or  expenditure  of  public 
money,  for  a statement  of  his  account  as  often  as  he  may 
think  necessary,  and  may  at  any  time  by  expert  accountants 


102 


MAYOR. 


and  bookkeepers  examine  the  books  and  accounts  of  any 
department,  sub-department,  municipal  board,  officer, 
assistant,  clerk,  subordinate  or  employe. 

Mayor,  &c.  v.  Dechert,  32  Md.  369. 


P.  L.  D..  (1860)  Art.  4,  Sec.  9.  P.  L.  L.,  (1888)  Art.  4,  Sec.  12. 

22.  The  Mayor  shall  see  that  the  ordinances  and  reso- 
lutions are  duly  and  faithfully  executed,  and  shall  report 
to  the  City  Council  as  soon  as  practicable  after  the  first 
day  of  January  in  each  year,  the  general  state  of  the  City, 
with  an  accurate  account  of  the  money  received  and 
expended,  to  be  published  for  the  information  of  the 
citizens.  He  shall  have  general  supervision  over  all 
departments,  sub-departments,  municipal  officers,  not 
embraced  in  a department  and  special  commissioners  or 
boards. 

Baltimore  v.  Radecke,  49  Md.  217.  Cumberland  v.  Wilson,  50  Md.  138. 


P.  L.  L.,  (1860)  Art.  4,  Secs.  10,  11.  P.  D.  D.,  (1888)  Art.  4,  Secs.  13,  14. 


Approval  of 
ordinaces. 


Veto  of  ordi- 
nances 
passed  by 
three-fourths 
vote  after  re- 
considertion 
by  both 
branches  to 
become  law 
without 
Mayor's  sig- 
hature. 


23.  All  ordinances  or  resolutions  duly  passed  by  the 
City  Council,  after  being  properly  certified  by  the  Presi- 
dents of  the  First  and  Second  Branches  of  the  City  Council 
as  having  been  so  passed,  shall  be  delivered  by  the  Clerk 
of  the  Branch  in  which  the  same  originated,  to  the  Mayor 
for  his  approval,  and  there  shall  be  noted  on  said  ordinaces 
or  resolutions  the  date  of  said  delivery;  and,  when  approved 
by  him,  they  shall  become  ordinances  or  resolutions  of  the 
Mayor  and  City  Council  of  Baltimore.  If  the  Mayor  shall 
not  approve  of  any  ordinance  or  resolution  so  passed  by 
the  City  Council  he  shall  return  the  same  with  his  objections 
in  wanting  to  the  Branch  in  which  the  said  ordinance 
or  resolution  originated,  within  five  days  of  actual  regular 
sittings  of  said  Branch,  excluding  special  sittings  called 
by  the  Mayor,  occurring  after  such  delivery  of  said  ordinance 
or  resolution  to  him,  which  objections,  upon  receipt  of 
the  same  by  said  Branch,  shall  be  forthwith  read  to  such 
Branch  and  entered  at  large  on  its  Journal ; and  such 
Branch  shall,  after  five  days  and  within  ten  days  after 
such  ordinance  or  resolution  shall  have  been  returned  to  it 
by  the  Mayor,  proceed  to  reconsider  and  vote  upon  the 


MAYOR. 


103 


same.  If  such  ordinance  or  resolution  shall,  after  recon- 
sideration, be  again  passed  by  three-fourths  of  all  the 
members  elected  to  said  Branch  it  shall  be  forthwith  sent, 
with  the  objections  of  the  Mayor,  to  the  other  Branch,  and 
after  five  days  and  within  ten  days,  after  it  is  so  sent,  it  shall 
likewise  be  reconsidered  and  voted  upon  also  by  said  other 
Branch,  and  if  passed  by  a vote  of  three-fourths  of  all  the 
members  elected  to  said  other  Branch  it  shall  be  and  become, 
to  all  intents  and  purposes,  an  ordinance  or  resolution  of 
the  Mayor  and  City  Council  of  Baltimore.  In  such  cases, 
after  said  reconsideration,  the  votes  on  the  question  of  the 
passage  of  such  ordinance  or  resolution  over  the  veto  of 
the  Mayor  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  passage 
of  said  ordinance  or  resolution  over  the  veto  of  the  Mayor 
shall  be  entered  on  the  respective  Journals  of  each  Branch 
of  the  City  Council.  If  any  ordinance  or  resolution  duly  so,  if  not  re- 
passed by  the  City  Council  shall  not  be  returned  by  the  SSoJasitat- 
Mayor  to  the  Branch  of  the  City  Council  in  which  the  same 
originated  within  five  days  of  its  actual  regular  sittings, 
excluding  special  sittings  called  by  the  Mayor,  after  it 
shall  have  been  delivered  to  him,  the  same  shall  become 
an  ordinance  or  resolution  of  the  Mayor  and  City  Council 
of  Baltimore  in  the  same  manner  as  if  the  Mayor  had 
approved  it,  unless  the  City  Council  by  an  adjournment 
sine  die,  or  for  a period  exceeding  one  month,  shall  prevent 
its  return.  In  case  an  ordinance  or  resolution  duly  passed 
by  the  City  Council  shall  embrace  different  items  of  appro-  R^ie  where  or- 
priation  the  Mayor  may  approve  the  provisions  thereof  Jj-ace^  dfffeV- 
relating  to  one  or  more  items  of  appropriation  and  disap-  approp“fa-°^ 
prove  the  others,  and  in  such  case  those  he  shall  approve 
shall  become  effective  and  those  which  he  shall  not  approve 
shall  be  reconsidered  in  manner  and  form  as  hereinbefore 
prescribed  in  this  section,  by  both  Branches  of  the  City 
Council,  and  shall  become  effective  if  again  passed  over 
the  veto  of  the  Mayor  by  the  vote  as  above  prescribed  for 
the  passage  over  the  veto  of  the  Mayor  of  entire  ordinances 
or  resolutions.  The  mode  and  manner  of  procedure  of  both 
Branches  of  the  City  Council  and  of  the  Mayor  in  the 
matter  of  the  veto  of  one  or  more  distinct  items  of  appro- 


104 


MAYOR. 


Mayor  to  con- 
fer with 
heads  of  de- 
partments. 


Mayor  shall 
have  sole 
power  of  ap- 
pointment 
except  as 
otherwise 
provided 
herein. 


Subject  to  con- 
firmation by 
Second 
Branch. 


Power  of  re- 
moval. 
Restrictions 
thereto. 


priation  in  any  ordinance  or  resolution  shall  be  the  same 
as  the  mode  and  manner  of  procedure  prescribed  in  this 
section  for  the  passage  of  an  entire  ordinance  or  resolution 
over  the  veto  of  the  Mayor. 

*Baltimore  Cityz'.Gorter,  93  Md.  1.  Hooper  z/.Creager, 84  Md. 

197.  Heiskellz'.  Mayor,  65  Md.  149.  Also,  Murdoch  v.  Strange,  99  Md.  89. 

24.  The  Mayor  shall  summon  all  the  heads  of  depart- 
ments to  a conference  on  municipal  matters  at  least  once 
in  each  fiscal  year,  and  oftener,  if  he  thinks  the  public 
interests  will  be  promoted  thereby,  and  every  head  of 
department  shall  report  to  him,  orally  or  in  writing,  as  he 
may  prefer,  once  in  every  month. 

P.  Iv.  Iv. , (1860)  Art.  4 Sec.  26.  1880,  ch.  101 . P.  H.  L. , (1888)  Art.4,  Sec . 31 . 

25.  The  Mayor  shall  have  the  sole  power  of  appoint- 
ment of  all  heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a department  and  all 
special  commissioners  or  boards,  except  as  otherwise 
provided  in  this  Article,  subject  to  confirmation  by  a 
majority  vote  of  all  the  members  elected  to  the  Second 
Branch  of  the  City  Council ; provided  said  Second  Branch 
shall  take  action  on  such  nomination  within  the  first 
three  regular  succeeding  sittings  of  said  Branch  after  said 
nominations  are  sent  to  it  by  the  Mayor.  If  the  Branch 
fails  to  take  such  action  within  said  time,  then  the  person 
or  persons  so  nominated  shall  be  to  all  intents  and  purposes 
such  officer  or  officers  as  if  they  had  been  confirmed  by 
said  Second  Branch.  If  said  Second  Branch  shall,  by  the 
required  vote  and  in  the  prescribed  time,  refuse  to  confirm 
such  nominations,  the  Mayor  shall,  within  the  next  three 
regular  succeeding  sittings  of  said  Branch,  send  to  it  other 
name  or  names  for  such  office  or  offices,  and  the  duties  of 
said  Second  Branch  and  the  Mayor  shall  continue  to  be 
as  above  prescribed  until  a confirmation  is  had  or  a failure 
to  act  for  three  regular  succeeding  sittings  by  the  said 
Second  Branch  occurs.  The  Mayor  shall  have  the  power 
to  remove  at  pleasure,  during  the  first  six  months  of  their 
respective  terms,  the  heads  of  all  departments  or 
members  thereof,  heads  of  sub-departments  or  members 
thereof,  municipal  officers  not  embraced  in  a department 


APPOINTMENTS  TO  OFFICE. 


105 


and  special  commissions  or  boards,  or  members  thereof, 
appointed  by  him,  but  after  six  months  the  Mayor  shall 
only  remove  said  officials  for  cause,  after  charges  preferred 
against  them,  notice  given  and  trial  had  before  the  Mayor.  |S5°to  ?nter 
The  terms  of  all  municipal  officials  appointed  by  the  Mayor  offices, 
shall  be  four  years,  unless  otherwise  provided  for  in 
this  Article.  All  municipal  officials  who  are  appointed  by 
the  Mayor  shall  be  appointed  in  the  month  of  September 
succeeding  his  election,  and  enter  into  their  respective 
offices  on  the  first  Monday  in  October,  immediately  following 
their  respective  appointments,  or  as  soon  thereafter  as  their 
appointments  have  been  confirmed,  as  above  provided,  if 
appointed  or  confirmed  subsequent  thereto;  but  the  Mayor 
first  chosen  under  this  Article  shall  appoint  said  officials 
in  the  month  of  February  succeeding  his  election,  subject 
to  confirmation  by  the  Second  Branch  of  the  City  Council, 
and  they  shall  enter  upon  their  duties  on  the  succeeding 
first  of  March,  and  shall  hold  office  until  their  successors 
under  the  provisions  of  this  Article,  are  appointed  and 
qualified  unless  sooner  removed  under  the  provisions  of 
this  Article.  All  municipal  officials,  boards  and  com- incumbents  a 
missioners  in  office  under  the  Mayor  and  City  Council  e^ctmeSt® 
of  Baltimore,  upon  the  date  of  the  passage  of  this 
Article,  unless  otherwise  provided  in  this  Article,  shall  hold 
their  respective  offices  under  existing  laws  and  ordinances, 
the  same  as  if  this  Article  had  not  been  passed,  until  their 
successors  are  appointed,  as  provided  in  this  section,  in 
February  nineteen  hundred  ; they  shall  be  subject  to  remov- 
al, as  provided  in  said  laws  and  ordinances,  and  all  vacancies 
occurring  in  said  offices  shall  be  filled  as  now  provided  for 
in  said  existing  laws  and  ordinances;  said  municipal  officials, 
boards  and  commissioners  shall  perform  the  duties  respect- 
ively now  prescribed  by  existing  laws  and  ordinances 
which  are  not  inconsistent  with  the  provisions  of  this 
Article,  and  they  shall  also  perform  such  additional  duties 
as  may  be  required  to  be  performed  by  such  officers  in  this 
Article.  The  Mayor  first  elected  under  the  provisions  of 
this  Article,  shall  organize  the  municipal  government  of 
Baltimore  City,  as  provided  for  in  said  Article,  and  appoint 
the  heads  of  departments,  sub-departments,  municipal 


106 


MAYOR . 


Oath  of  office; 
test  book. 


Vacancies  dur- 
ing recess. 
How  filled. 


officers,  boards  and  commissions  provided  for  therein,  in 
the  month  of  February,  nineteen  hundred.  All  persons 
appointed  by  the  Mayor,  as  well  as  those  municipal  officials 
elected  by  the  people  or  by  the  joint  convention  of  the  City 
Council,  shall,  before  entering  upon  the  discharge  of  their 
respective  duties,  qualify  by  taking  before  the  Mayor  an 
oath  to  faithfully  perform  the  duties  of  their  respective 
offices,  and  that  they  will  support  the  Laws  and  Constitu- 
tions of  the  United  States  and  of  the  State  of  Maryland. 
A test  book  shall  be  kept  by  the  Mayor,  which  shall  be 
signed  at  the  time  of  taking  the  oath  aforesaid  by  said 
officials,  and  after  the  qualifications  aforesaid,  the  Mayor 
shall  issue  to  the  said  officials  a commission  signed  by  him- 
self with  the  corporate  seal  attached.  All  vacancies  occur- 
ring in  any  of  the  offices  which  the  Mayor  is  empowered  to 
fill,  during  the  recess  of  the  Second  Branch,  unless  other- 
wise provided  in  this  Article,  shall  be  filled  by  the  Mayor 
until  the  next  regular  meeting  of  the  Second  Branch,  at 
which  meeting  the  Mayor  shall  present  the  name  of  a per- 
son for  confirmation  to  fill  said  vacancy,  and  the  mode  and 
manner  of  procedure  in  such  a case  shall  be  the  same  as 
provided  for  in  this  section  for  other  appointments  by 
the  Mayor  and  confirmation  by  the  Second  Branch.** 

**On  construction  of  section  25,  see  Robinson  v.  Baltimore  City,  93 
Md.  212;  McClellan  v.  Marine,  98  Md.  54  ; Baltimore  City  v.  Rj^man, 
92  Md.  591. 

As  to  oath  of  office  and  its  le^al  significance.  s‘ee  Thomas  v.  Owens, 
4 Md.  189;  Harwood  v.  Marshall,  9 Md.  83;  Jump  v.  Spence,  28  Md.  1; 
Archer  v.  State,  74  Md.  447;  Creager  v.  Hooper,  83  Md.  501;  Davidson 
V.  Brice,  91  Md.  691. 

As  to  term  of  and  title  to  office,  see  Thomas  v.  Owens,  4 Md.  189,  15 
Md.  465  ; Jump  v.  Spence,  28  Md.  1 ; Robb  v.  Carter,  65  Md.  334  ; 
Archer  v.  State,  74  Md.  453;  County  Commissioners  z/.  School  Conimrs. , 
77  Md.  283;  Miles  v.  Stevenson,  80  Md.  366;  Creager  z/.  Hooper,  83  Md. 
490;  Ash  v,  McVey,  85  Md.  130;  Wells  v,  Monroe,  86  Md.  445;  Duer  v. 
Daniell,  91  Md.  660;  Keyser  v.  Upshur,  92  Md.  778;  Hagerstown  v. 
Williams,  96  Md.  237. 

As  to  power  of  appointment  and  removal,  see  Townsend  v.  Kurtz,  83 
Md.  340;  Hooper  v.  Creager,  84  Md.  241;  Hooper  v.  New,  85  Md.  565; 
Hooper  v.  Farnen,  85  Md.  587;  Field  v.  Malster,  88  Md.  691;  School 
Commrs.  v.  Goldsborough,  9u  Md.  193;  Street  Commrs.  v.  Williams,  96 
Md.  237. 


HEADS  OF  departments. 


107 


1880,  ch.  101.  P.  L.  L.,  (1888)  Art.  4,  Sec.  31. 

26.  No  person  shall  at  any  time  hold  more  than  one 
office  yielding  pecuniary  compensation  under  the  Mayor 

and  City  Council  of  Baltimore.  All  municipal  officials,  ^unfclpai 
except  females,  shall  be  registered  voters  of  the  City  of  °SerKf  the^ 
Baltimore. 

Baltimore  City  v.  Lyman,  92  Md.  591. 

27.  All  heads  of  departments,  heads  of  sub-depart-  Tenure  of  office 
ments,  municipal  officers  not  embraced  in  a department,  or  depl?tme°nts. 
special  commissions  or  boards,  provided  for  in  this  Article, 

shall  hold  ther  offices  until  their  successors  are  appointed 
or  elected  and  qualified. 

28.  The  heads  of  departments,  heads  of  sub-depart- ^ point  subor- 
ments,  municipal  officers  not  embraced  in  a department, 

and  all  special  commissions  or  boards  shall  have  the  sole 
power  of  appointment  and  removal  at  pleasure  of  all 
deputies,  assistants,  clerks  and  subordinate  employees 
employed  by  them,  unless  otherwise  provided  in  this  Article. 

Baltimore  City  v.  Lyman,  92  Md.  611  ; American  Lighting  Co.  v. 

McCuen,  92  Md.  705.  As  to  appointment  of  subordinates  prior  to  new 
charter,  see  Hooper  v.  New,  85  Md.  565. 

29.  All  heads  of  departments,  shall  have  the  privilege  privileges  of 
of  the  floor  in  the  First  Branch  of  the  City  Council  at  its  pa^r^ents, 
sittings,  and  shall  be  entitled  to  participate  in  the  discus- 
sion of  matters  relating  to  their  respective  departments, 

but  shall  have  no  vote.  When  the  head  of  a department 
is  a Board,  or  composed  of  more  than  one  person,  the 
President  thereof  shall  be  entitled  to  the  privilege  provided 
for  in  this  section. 

30.  The  Mayor,  in  appointing  all  heads  of  departments.  Minority  of 
sub-departments,  boards  and  commissions  or  members  of  SXs^^fonn- 
any  such,  composed  of  more  than  one  person,  shall  appoint  de^aumentf 
a minority  of  the  members  of  each  of  such  bodies  of  persons  cai"p?ny°^'^'' 
from  a different  political  party  from  those  forming  the  SJheftvote. 
majority  of  said  departments,  sub-departments,  boards  and 
commissions  or  members  of  any  such,  and  in  ascertaining 

the  political  party  from  which  such  minority  representatives 
shall  be  taken,  he  shall  select  from  that  party  which  cast 
the  next  highest  vote  at  the  preceding  election. 


108 


EXECUTIVE  DEPARTMENT. 


Executive 
power, 
wherein  vest- 
ed. 


Officials  to 
bond. 


Mayor  chief 
executive. 


Heads  of  De- 
partments 
may  pass 
rules  and 
regulations. 


To  hold  meet- 
ings. 


Records  to  be 
kept  of  their 
proceedings. 


EXECUTIVE  DEPARTMENT. 

31.  The  executive  power  of  the  Mayor  and  City  Council 
of  Baltimore  shall  be  vested  in  the  Mayor,  the  departments, 
sub-departments,  municipal  officers  not  embraced  in  a 
department  herein  provided  for,  and  such  special  commis- 
sioners or  boards  as  may  hereafter  be  provided  for  by 
laws,  or  ordinances  not  inconsistent  with  this  Article.  All 
municipal  officials,  unless  otherwise  provided  for  by  laws 
or  ordinances,  shall  give  bond  to  the  City  for  the  faithful 
discharge  of  their  duties,  to  be  approved  by  the  Mayor, 
and  in  such  penalties  as  may  be  prescribed  by  laws  or 
ordinances.  The  Mayor  shall  be  the  chief  executive  officer 
of  the  City,  and  in  addition  to  the  following  administrative 
departments,  sub-departments,  and  municipal  officers  not 
embraced  in  a department,  there  shall  be  such  assistants, 
clerks  and  employees  to  said  departments,  sub-departments 
and  municipal  officers  as  may  be  prescribed  by  ordinances 
not  inconsistent  with  this  Article  not  herein  otherwise 
provided  for.  The  several  heads  of  departments,  heads  of 
sub-departments,  municipal  officers  not  embraced  in  a 
department,  and  special  commissions  or  boards,  shall  have 
the  power  to  pass  such  rules  and  regulations,  not  incon- 
sistent with  the  laws  or  ordinances,  for  the  government  of 
their  respective  departments  as  they  may  deem  right  and 
proper.  All  heads  of  departments  composed  of  Boards 
shall  hold  at  least  one  meeting  every  month  for  the  purpose 
of  consultation  and  advice,  and  in  order  to  become  familiar 
with  the  business  and  the  mode  of  conducting  the  same, . 
of  the  sub-departments  of  their  respective  departments. 
A record  of  all  the  proceedings  and  official  acts  of  heads 
of  departments  and  sub-departments,  municipal  officials 
and  commissioners  shall  be  kept  in  a well-bound  book,  and 
a certified  copy  of  said  record  or  any  part  thereof  under 
the  corporate  seal  of  the  City  shall  be  admissible  in  evidence 
in  any  Court  of  this  State  as  proof  of  such  record  or  part 
thereof.** ^ 

**Note  : — As  to  bonds  of  municipal  officials,  see  Heclit  v.  Coale,  93 
Md.  692.  Vansant  v.  State,  96  Md.  110.  Murdoch  v.  Strange,  99  Md.  89. 

As  to  breach,  penalty  and  damages  recoverable  generally  in  relation 
to  bonds,  see  Mutual  Life  Insurance  Compan)'  v.  Hantske,  Daily  Record, 
December  15,  1900. 


LIST  OF  EXECUTIVE  DEPARTMENTS 


109 


The  said  executive  departments  shall  be  as  follows  : 


(I)  Department  of  Finance, 


With  the  following  Sub-Departments  ; 

1.  Comptroller. 

2.  City  Register. 

3.  Board  of  Estimates. 

4.  Commissioners  of  Finance. 

5.  City  Collector. 

6.  Collector  of  Water  Rents  and  Licenses. 

I.  Depart- 
ment of  Fi- 
nance. 

(II)  Department  of  Law, 

Composed  of 

City  Solicitor. 

II.  Depart- 
ment of  Law. 

(Ill)  Department  of  Public  Safety, 

With  the  following  Sub-Departments  : 

1.  Board  of  Fire  Commissioners. 

2.  Commissioner  of  Health. 

3.  Inspector  of  Buildings. 

4.  Commissioner  of  Street  Cleaning. 

III.  Depart- 
ment of 
Safety., 

(IV)  Department  of  Public  Improvements. 

With  the  following  Sub-Departments  : 

1.  City  Engineer. 

2.  Water  Board. 

3.  Harbor  Board. 

4.  Inspector  of  Buildings. 

IV.  Of  Public 
Improve- 
ments. 

(V)  Department  of  Parks  and  Squares. 

Composed  of 

Board  of  Park  Commissioners. 

V.  Of  Parks 
and  Squares. 

(VI)  Department  of  Education, 

Composed  of 

Board  of  School  Commissioners. 

VI.  Of  Educa- 
tion. 

(VII)  Department  of  Charities  and  Corrections, 
With  the  following  Sub-Departments  : 

1.  Supervisors  of  City  Charities. 

2.  Visitors  to  the  Jail. 


110 


EXECUTIVE  DEPARTMENT. 


VIII.  Of  Re- 
view and 
Assessment. 


IX.  Munici- 
pal Officers 
not  included 
in  any  de- 
partment. 


Of  what  offi- 
cials to  con- 
sist. 


Its  head. 


Powers  of 
Board. 


Fiscal  Year. 


Comptroller; 
qualifica- 
tions; term; 
salary. 


(VIII)  Department  of  Review  and  Assessment^ 

With  the  following  sub-departments  ; 

1.  Appeal  Tax  Court. 

2.  Commissioners  for  Opening  Streets. 

(IX)  Division  Embracing  Municipal  Officers,  not  In- 
cluded in  any  Department : 

1.  City  Librarian. 

2.  Art  Commission. 

3.  Superintendent  of  Lamps  and  Lighting. 

4.  Surveyor. 

5.  Constables. 

6.  Superintendent  of  Public  Buildings. 

7.  Public  Printer. 

Baltimore  City  v.  Lyman,  92  Md.  600. 

DEPARTMENT  OF  FINANCE. 

32.  There  shall  be  a Department  of  Finance  of  the 
Mayor  and  City  Council  of  Baltimore  which  shall  consist 
of  the  Comptroller,  City  Register,  Board  of  Estimates, 
Commissioners  of  Finance,  City  Collector  and  Collector  of 
Water  Rents  and  Licenses.  The  head  of  said  Department 
shall  consist  of  a Board  of  Finance  composed  of  the  Comp- 
troller, City  Register,  President  of  the  Board  of  Estimates, 
President  of  the  Commissioners  of  Finance,  City  Collector 
and  Collector  of  Water  Rents  and  Licenses.  This  Board 
shall  be  for  consultation  and  advice,  and  it  shall  have  no 
power  to  direct  or  control  the  duties  or  the  work  of  any 
sub-department.  It  shall  perform  such  other  duties  as 
may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article.  The  Comptroller  shall  be  the  President  of  said 
Board.  The  fiscal  year  of  the  Mayor  and  City  Council  of 
Baltimore  shall  begin  on  the  first  day  of  January  and  end 
on  the  thirty-first  day  of  December  in  every  year. 

1906,  ch.  459. 

33.  The  Comptroller  shall  be  elected  by  the  inhabi- 
tants of  the  City  of  Baltimore  qualified  to  vote  for  Mayor 
on  the  Tuesday  next  after  the  first  Monday  in  May,  in  the 
year  eighteen  hundred  and  ninety-nine,  and  on  the  same 
day  and  month  in  every  fourth  year  thereafter.  He  shall 


COMPTROLLER. 


Ill 


be  a person  possessing  the  same  qualifications  as  herein 
prescribed  for  Mayor.  The  term  of  the  Comptroller  shall 
commence  on  the  Tuesday  next  after  the  third  Monday  in 
May  in  the  year  eighteen  hundred  and  ninety-nine,  and 
continue  for  four  years,  and  until  his  successor  is  elected 
and  qualified,  and  he  shall  receive  a salary  of  four  thousand 
dollars  per  annum,  payable  monthly. 

Baltimore  City  v.  Lyman,  92  Md.  610. 


34.  The  Comptroller  shall  be  the  head  of  the  first  sub- 
department of  Finance,  and  he  shall  appoint  a Deputy  ^'■Jj°comptroi- 
Comptroller  and  such  clerks  as  may  be  provided  for  by 
ordinance,  including  one  to  be  known  as  the  Audit  Clerk, 
and  another  for  the  collection  of  harbor  and  wharf  rents,, 
to  be  known  as  Harbor  Master,  with  such  assistants  to 
him  as  may  be  provided  for  by  ordinance,  and  another  for 
the  collection  of  fees  for  the  inspection  of  weights  and 
measures,  to  be  known  as  the  Inspector  of  Weights  and 
Measures,  with  such  assistants  to  him  as  may  be  provided 
for  by  ordinance,  and  another  to  be  known  as  Market 
Master,  with  such  assistants  to  him  as  may  be  provided 
by  ordinance.  The  salary  of  such  Deputy,  assistants  and 
clerks  shall  be  fixed  by  ordinances.  All  of  such  appointees 
shall  be  subject  to  the  written  approval  of  the  Mayor. 

The  Comptroller  shall  have  general  supervision  over  the 
financial  matters  of  the  City,  and  shall  have  oversight  of 
all  sub-departments  in  this  department.  No  claim,  ac- 
count or  demand  against  the  City  of  any  kind  whatsoever 
shall  be  paid  unless  first  audited  and  approved  by  the 
Comptroller.  All  moneys  collected  for  the  use  of  the  City 
by  any  municipal  official,  unless  otherwise  provided  in  this 
Article,  shall  be  turned  over  to  the  Comptroller  and  by 
him  deposited  with  the  City  Register.  He  shall  perform 
such  other  duties  as  may  be  prescribed  by  ordinances,  not  ^comptroller . 
inconsistent  with  this  Article.  In  case  of  temporary  ab- 
sence or  disqualification  of  the  Comptroller,  or  a vacancy 
occurring  in  said  office  from  any  cause,  the  Deputy  Comp-  of.” 
troller  shall,  during  such  absence  or  disqualification  or  va- 
cancy from  any  cause,  act  as  Comptroller.  The  Second 
Branch  of  the  City  Council  by  a majority  vote  of  all  the 


112 


CITY  register 


When  and  by 
whom  re- 
movable. 


City  Register ; 
how  appoint- 
ed : salary  ; 
removable  by 
both 

Branches. 


Seal  of  City. 


Deputy  Regis- 
ter. 


Vacancies. 


members  elected  to  said  Branch,  may  remove  the  Comp- 
troller from  office  for  incompetency,  wilful  neglect  of  duty 
or  misdemeanor  in  office,  upon  charges  preferred  by  the 
Mayor,  and  after  notice  of  such  charges  is  given  to  the 
Comptroller  and  an  opportunity  afforded  him  to  be  heard 
by  said  Branch. 

35.  The  City  Register  shall  be  the  head  of  the  second 
sub-department  of  Finance,  and  he  shall  be  the  register  of 
the  public  debt,  and  also  the  custodian  of  all  moneys  be- 
longing to  the  Mayor  and  City  Council  of  Baltimore.  He 
shall  be  appointed  by  a joint  convention  of  the  two  Branches 
of  the  City  Council  on  the  Tuesday  next  after  the  fourth 
Monday  of  May,  in  the  year  eighteen  hundred  and  ninety- 
nine,  and  on  the  same  day  and  month  in  every  fourth  year 
thereafter.  His  salary  shall  be  three  thousand  and  three 
hundred  dollars  per  annum  payable  monthly,  in  addition  to 
three  hundred  dollars  for  services  rendered  the  State,  as 
provided  for  in  section  108  of  Article  81,  Code  of  Public 
General  Laws.  He  shall  be  removable  at  the  pleasure  of 
the  convention  of  the  said  two  Branches.  The  City  Regis- 
ter shall  take  under  his  charge  and  keeping  the  corporate 
seal  of  the  City,  and  use  it  in  all  cases  which  are  now  or 
may  be  hereafter  required  by  Federal  or  State  laws,  ordi- 
nances, or  the  uses  and  customs  of  nations,  and  shall  charge 
a fee  of  two  dollars  for  each  impression  of  the  seal  except 
such  as  shall  be  affixed  to  or  impressed  upon  documents 
for  the  Mayor  and  City  Council  or  used  in  connection  with 
the  affairs  of  the  City.  He  shall  pay  to  the  Comptroller, 
for  the  use  of  the  Mayor  and  City  Council  of  Baltimore,  all 
fees  so  received  by  him.  He  shall  have  power  to  appoint 
a Deputy  Register,  with  a salary  of  eighteen  hundred  dol- 
lars per  annum,  payable  monthly,  and  such  other  clerical 
assistants  as  may  be  prescribed  by  ordinance  not  inconsis- 
tent with  this  Article.  In  case  of  a vacancy  occurring  in 
the  office  of  City  Register  by  removal  or  otherwise,  the 
joint  convention  of  the  two  Branches  of  the  City  Council 
shall  forthwith  fill  said  vacancy.  He  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinance  not  incon- 
sistent with  this  Article  ; provided,  the  present  incumbent 


ORDINANCE  OF  ESTIMATES 


113 


of  the  office  of  the  City  Register  shall  hold  his  office  until 
the  expiration  of  his  term,  as  now  provided  under  existing 
laws  and  ordinances,  and  should  a vacancy  occur  in  said 
office,  a successor  shall  be  appointed  by  a joint  convention 
of  the  City  Council  for  the  balance  of  said  term. 

state  V.  Mayor,  etc.,  52  Md,  398.  Robb  v.  Carter,  65  Md.  321. 

*Baltimore  City  z'.  Lj^man,  92,  Md.  610. 

Board  of  Estimates. 

ORDINANCE  OF  ESTIMATES. 

1904,  ch.  677. 

36.  The  Board  of  Estimates  shall  be  the  head  of  the 
third  Sub-Department  of  Finance,  and  shall  consist  of  the  ^oard  of  eso- 
Mayor,  City  Solicitor,  Comptroller,  President  of  the  Second  head  of°thfrd 
Branch  City  Council  and  President  of  the  Board  of  Public  ment  • 
Improvements.  The  first  meeting  of  said  Board  in  every 
year  shall  be  called  by  notice  from  the  Mayor  or  President 
of  the  Second  Branch  City  Council  personally  served  upon 
members  of  the  said  Board.  Subsequent  meetings  shall  be 
called  as  the  said  Board  may  direct.  The  President  of  the 
Second  Branch  shall  be  President  of  said  Board,  and  oi^e 
of  the  number  shall  act  as  secretary,  and  said  Board  may 
employ  such  clerks  as  may  be  necessary  to  discharge  its 
duties  ; their  number  and  compensation  shall  be  fixed  by 
ordinance.  The  said  Board  shall  have  power  at  any  time 
to  summon  before  it  the  heads  of  the  departments  and 
sub-departments  and  all  municipal  officers  and  special  com- 
missions or  boards.  The  said  Board  shall  annually,  be- ® 
tween  the  first  day  of  October  and  the  first  day  of  No-  2>p"rSri-° 
vember,  meet,  and  by  an  affirmative  vote  of  a majority  of 
all  the  members’  make  out  the  following  three  lists  of 
moneys  to  be  appropriated  by  the  City  Council  for  the  next 
ensuing  fiscal  year : 

FIRST,  a list  to  be  known  as  the  “DEPARTMENTAL 
ESTIMATES”  of  the  amounts  estimated  to  be  required  to 
pay  the  expenses  of  conducting  the  public  business  for  the  Departmental 
next  ensuing  fiscal  year,  including  the  expenditures  for  the 
City  Council  for  the  salaries  of  its  members,  officers,  and 
expenses ; said  list  shall  be  prepared  in  such  detail  as  to 


114 


BOARD  OF  FSTIMATKS. 


Amounts 
needed  for 
the  City  De- 
partments. 


Estimates 
for  new  im- 
provements. 


the  aggregate  sum  and  the  items  thereof  allowed  to  the  two 
Branches  of  the  City  Council,  each  department,  sub-de- 
partment, municipal  officers  not  embraced  in  a department 
and  special  commissioners  and  boards  as  the  said  Board 
shall  deem  advisable.  In  order  to  enable  said  Board  to 
make  such  list,  the  Presidents  of  the  two  Branches  of  the 
City  Council,  the  heads  of  the  Departments,  heads  of  sub- 
departments, municipal  officers  not  embraced  in  a depart- 
ment, and  special  commissioners  or  boards  shall,  at  least 
thirty  days  before  the  said  list  is  hereby  required  to  be 
made,  send  to  the  said  Board  in  writing,  estimates  of  the 
amounts  needed  for  the  conduct,  respectively,  of  the  City 
Council,  departments,  sub- departments,  municipal  officers 
not  embraced  in  a department,  commissioners  or  boards 
for  the  next  ensuing  fiscal  year.  Such  estimates  shall  be 
verified  by  the  oath  or  affirmation  of  persons  making  them, 
and  a wilfully  false  statement  made  in  a material  matter 
contained  in  said  estimates  so  made  to  said  Board  shall  be 
perjury.  The  said  estimates  shall  specify,  in  detail,  the 
objects  thereof,  and  the  items  required  for  the  expenses 
of  the  City  Council  and  the  respective  departments,  sub- 
departments, municipal  officers  not  embraced  in  a depart- 
ment and  special  commissioners  or  boards,  as  aforesaid, 
including  a statement  of  each  of  the  salaries  of  the  mem- 
bers of  the  City  Council  and  its  officers  and  clerks,  and  -the 
salaries  of  the  deputies,  assistants,  clerks,  employees  and 
subordinates  in  each  department,  sub-department,  muni- 
cipal office  or  special  commission  or  board. 

SECOND,  a list  containing  all  amounts  to  be  appro- 
priated by  the  City  Council  for  NEW  IMPROVEMENTS  to 
be  constructed  by  any  department  of  the  city  during  the 
next  ensuing  fiscal  year ; said  list  to  be  known  as  the 
“ESTIMATES  FOR  NEW  IMPROVEMENTS.^^  Heads 
of  department,  heads  of  sub-departments,  municipal  officers 
not  embraced  in  a department,  and  special  commissioners  or 
boards  shall  in  writing,  thirty  days  before  the  time  re- 
quired to  make  such  list  by  said  Board,  file  with  said  Board 
their  recommendations  as  to  the  amounts  which  they  may 
consider  will  be  needed  in  their  respective  departments  for 
new  improvements  during  the  next  ensuing  fiscal  year. 


ORDINANCE  OF  ESTIMATES. 


115 


THIRD,  a list  containing  all  amounts  which  by  pre- 
vious laws,  ordinances  or  contracts  are  required  to  be  AN- 
NUALLY APPROPRIATED  to  charities,  educational,  be- 
nevolent or  reformatory  institutions  by  the  city,  as  well  as 
all  other  sums,  if  any,  which  may  be  required  by  laws  or 
ordinances  to  be  appropriated  for  other  purposes  not  em- 
braced in  the  preceding  lists.  This  list  shall  be  known  as 
the  “ESTIMATES  FOR  ANNUAL  APPROPRIATIONS.^’ 
The  purpose  and  object  of  this  provision  is  that  said  three 
lists  shall  embrace  all  moneys  to  be  expended  for  the  next 
ensuing  fiscal  year  for  all  purposes  by  the  city.  After  said 
three  lists  have  been  prepared,  the  Board  of  Estimates, 
shall  cause  to  be  prepared  a draft  of  an  ordinance  to  be 
submitted  to  the  City  Council  providing  appropriations 
sufficient  to  meet  the  amounts  called  for  by  said  three  lists, 
and  the  said  Board  shall  cause  a copy  of  said  proposed  or- 
dinance, certified  by  the  signatures  of  a majority  of  them, 
to  be  forthwith  published  in  two  daily  newspapers  in  Bal- 
timore City,  for  two  successive  days,  and  shall,  immediately 
after  said  publication,  transmit  a copy  of  the  draft  of  the 
said  proposed  ordinance  to  the  President  of  each  Branch 
of  the  City  Council,  whereupon  a special  meeting  of  the 
City  Council  shall  be  forthwith  called  by  the  Mayor  to 
consider  such  proposed  ordinance.  It  shall  be  the  duty  of 
the.  two  Branches  of  the  City  Council,  when  so  assembled, 
to  consider  and  investigate  the  estimates  contained  in  said 
proposed  ordinance,  and  to  hold  daily  sessions  for  its  con- 
sideration until  said  ordinance  is  passed.  The  two  Branches 
of  the  City  Council,  by  a majority  vote  of  all  the  members 
elected  to  each  Branch,  may  reduce  the  said  amounts  fixed 
by  the  said  Board  in  said  proposed  ordinance,  except  such 
items  thereof  as  are  now  or  may  hereafter  be  fixed  by 
law,  and  except  such  items  as  may  be  inserted  by  said 
Board  to  pay  State  taxes,  and  to  pay  the  interest  and 
principal  of  the  municipal  debt.  The  City  Council  shall 
not  have  the  power  to  increase  the  amounts  fixed  by  the 
Board  nor  insert  new  items  in  the  proposed  ordinance. 
When  said  proposed  ordinance,  embracing  said  estimates, 
shall  have  been  duly  passed  by  both  Branches  of  the  City 
Council  and  approved  by  the  Mayor,  it  shall  be  known  as 


Amounts  to  be 
annually  ap- 
propriated to 
charities,  etc. 
fixed  by  ordi- 
nances. 


Board  of  Esti- 
mates to 
draft  an  ordi- 
nance appro- 
priating- 
monies  to 
meet  esti- 
mates so 
made. 


To  be  known 
as  Annual 
Ordinance  of 
Estimates. 


Powers  of  City 
Council. 


116 


BOARD  OF  ESTIMATES. 


the  '‘Ordinance  of  Estimates  for  the  year and 

said  several  sums  shall  be  and  become  appropriated,  after 
the  beginning  of  the  next  ensuing  fiscal  year,  for  the 
several  purposes  therein  named,  to  be  used  by  the  City 
Council,  departments,  sub-departments,  municipal  officers 
not  embraced  in  a department,  and  special  commission  or 
boards  therein  named,  and  for  no  other  purposes  or  uses 
^ whatever.  The  City  Council  shall  not  have  the  power,  by 

item  therein,  other  OY.  subsequent  ordinance  or  resolution,  to  enlarge 
any  item  contained  in  said  ordinance  af  ter  the  same  is  duly 
Nor  appropri-  P^ssed,  uor  shall  the  City  Council,  by  any  subsequent  or- 
moniSfo^  dinance  or  otherwise,  appropriate  any  sums  of  money  to  be 
next  ensuing  fiscal  year,  for  any  of  the 
purposes  embraced  in  said  Ordinance  of  Estimates.  No 
appropriation  provided  for  in  said  ordinance  shall  be  di- 
verted or  used  under  any  circumstances  for  any  purpose 
than  that  named  in  said  ordinance,  nor  shall  the  Comp- 
troller draw  any  warrant  for  any  of  the  items  in  said 
Ordinance  of  Estimates  unless  he  has  received  said  amounts 
and  they  are  actually  to  the  credit  of  the  City  Council  and 
such  department,  sub-department,  officers,  commissioners 
^?o£TshaTbe  boards.  No  temporary  loan  shall  be  authorized  or  made 
authorized,  deficiency  arising  from  a failure  to  realize  suf- 

ficient income  from  revenue  and  taxation  to  meet  the 
amounts  provided  in  said  Ordinance  of  Estimates  but  the 
City  Council  may  temporarily  borrow  money  for  its  use 
in  anticipation  of  the  receipts  of  taxes  levied  for  any  year. 
In  case  of  any  such  deficiency  there  shall  be  a pro  rata 
abatement  of  all  appropriations,  except  those  for  the  pay- 
ment of  State  taxes  and  the  principal  and  interest  of  the 
City  debt,  and  such  amounts  as  are  fixed  by  law  and  con- 
tained in  said  ordinance  ; and  in  case  of  any  surplus  arising 
in  any  fiscal  year  by  reason  of  an  excess  of  income  received 
from  the  estimated  revenue  over  the  expenditures  for  such 
year,  the  said  surplus  shall  become  a part  of  the  annual 
revenue  of  the  city,  and  shall  be  available  for  the  general 
expenditures  of  the  city  for  the  next  ensuing  fiscal  year. 
Until  the  organization  of  the  said  Board  of  Estimates  by 
the  Mayor  first  elected  under  the  provisions  of  this  Article, 
as  provided  in  section  25  of  said  Article,  the  Mayor,  Comp- 


GRANTS  OF  FRANCHISES. 


117 


troller,  City  Register  and  City  Solicitor  shall  compose  a 
Board  to  perform  all  the  duties  required  of  the  Board  of 
Estimates  by  the  provisions  of  this  Article. 

Baltimore  City  v.  Gorter,  93  Md.  1.  Skinner  Dr}^  Dock  Co.  v.  Balti- 
more, 96  Md.  37.  Callaway  Baltimore  City,  99  Md.  315.  Brauer  v. 
Refrigerating  Co.,  99  Md.  369. 

1906  ch.  459.  * 

36A.  The  Board  of  Estimates  shall  have  the  power  to 
increase  or  decrease  the  salaries  of  all  municipal  officials, 
and  other  persons  whose  salaries  are  named  in  this  Article 
or  Acts  relating  to  the  City  of  Baltimore,  except  the  salaries 
of  the  members  of  the  Board  of  Estimates,  provided  the 
amount  of  such  increase  or  decrease  shall  be  inserted  as 
an  item  or  items  in  the  ordinance  of  estimates  for  any 
year  and  be  subject  to  the  same  control  by  the  City  Council 
as  it  now  has  under  this  Article  of  the  general  items  in- 
serted in  said  ordinance.  Provided,  however,  that,  when 
the  salary  of  any  municipal  official,  or  other  person,  whose 
salary  is  so  named  shall  be  so  increased  or  decreased  it 
shall  not  again  be  so  increased  or  decreased  during  the 
term  of  office  of  said  municipal  official  or  other  person. 

GRANTS  OF  FRANCHISES. 

P.  D.  D..  (1898)  Art.  4,  Sec.  37.  1900,  ch.  109.  1906,  ch.  357. 

37.  Before  any  grant  shall  be  made  by  the  Mayor  and 
City  Council  of  Baltimore,  of  the  franchise  or  right  to  use 
any  street,  avenue,  alley  or  highway,  or  the  grant  of  the 
franchise  or  right  for  the  use  of  any  public  property 
mentioned  in  Section  7 of  this  Article,  the  proposed  specific 
grant,  with  the  exceptions  hereafter  in  this  Section  made, 
shall  be  embodied  in  the  form  of  an  ordinance,  with  all  the 
terms  and  conditions  required  by  the  provisions  of  this 
Article,  and  such  others  as  may  be  right  and  proper, 
including  a provision  as  to  the  rates,  fares  and  charges,  if 
the  grant  provides  for  the  charging  of  rates,  fares  and 
charges,  and  a provision  that  the  franchise  or  right  shall 
be  executed  and  enjoyed  six  months  after  the  grant.  The 
said  ordinance  shall,  after  having  been  introduced  in  either 
Branch  of  the  City  Council,  and  after  the  first  reading,  be 


Board  of  Esti- 
mates may 
increase  or 
decrease  sal- 
aries of  mun- 
icipal 
officials. 


Franchises  to 
be  embodied 
in  form  of  an 
ordinance. 


What  ordi- 
nance shall 
contain. 


118 


GRANTS  OF  FRANCHISES. 


Duties  of 
Board  in  re- 
spect to 
Franchises. 


Powers  of 
Board  in  rela- 
tion thereto. 


Same  provis- 
ions to  apply 
to  renewals 
and  exten- 
sions. 


Board  may 
grant  certain 
minor  privi- 
leges in  the 
streets,  etc., 
in  its  discre- 
tion as  pro- 
vided. 


Requirements 
of  Board  in 
relation  to 
such  minor 
privileges. 


referred  forthwith  by  the  Branch  in  which  the  same  is 
offered  to  the  Board  of  Estimates.  The  said  Board  shall 
make  diligent  inquiry  as  to  the  money  value  of  said  franchise 
or  right  proposed  to  be  granted,  and  the  adequacy  of  the 
proposed  compensation  to  be  paid  therefor  to  the  City  as 
offered  in  the  ordinance  already  introduced,  and  the  pro- 
priety of  the  terms  and  conditions  of  said  ordinance,  and 
said  Board  is  empowered  to  increase  the  compensation  to 
be  paid  therefor  to  the  City,  and  alter  the  terms  and  con- 
ditions of  said  ordinance,  provided  such  alterations  are  not 
inconsistent  with  the  requirements  and  provisions  of  this 
Article,  and  it  shall  be  the  duty  of  said  Board  to  fix  in  said 
ordinance  the  said  compensation  at  the  largest  amount  it 
may  be  able  by  advertisement  or  otherwise  to  obtain  for 
said  franchise  or  right,  and  no  grant  thereof  by  the  City 
Council  shall  be  made  except  for  the  compensation  and  on 
the  terms  approved  by  a vote  or  resolution  of  the  said 
Board,  entered  on  the  minutes  or  records  of  such  Board  and 
attached  to  said  ordinance,  with  the  signatures  of  a majority 
of  said  Board  signed  to  the  same.  The  provisions  of  this  sec- 
tion shall  apply  to  the  renewal  or  extension  of  any  franchise 
or  right  relating  to  the  use  of  any  of  the  public  property 
mentioned  in  section  7 of  this  Article  now  existing,  or 
which  may  hereafter  be  granted  to  any  person  or  body 
corporate.  Provided,  that  the  right  to  use  the  streets, 
avenues,  alleys  or  public  property,  by  any  person  or  body 
corporate  for  steps,  porticoes,  bay  windows,  bow  windows, 
show  windows,  signs,  columns,  piers  or  other  projections 
or  structural  ornaments  of  any  character  except  so  far  as 
the  same  may  be  prohibited  by  law,  and  covered  vaults, 
covered  areaways,  drains,  drain-pipes,  or  any  other  private 
purpose  not  prohibited  by  laws  and  not  being  a franchise 
or  right  requiring  a formal  grant  by  ordinance  under  the 
terms  of  this  section,  may  be  granted  by  the  Board  of 
Estimates  for  such  an  amount  of  money  and  upon  such 
terms  as  the  said  Board  may  consider  right  and  proper. 
Before  said  Board  shall  grant  any  such  right  the  person  or 
body  corporate  seeking  the  same  shall  file  before  said 
Board  in  writing  an  application  for  such  use  and  in  said 
application  the  use  desired  shall  be  stated  and  what  the 


CONTINGENT  FUND. 


119 


applicant  is  willing  to  pay  for  the  same  must  be  given  and 
such  person  or  body  corporate  shall  only  enjoy  such  use  on 
the  payment  of  the  amount  of  money  named  by  said  Board 
and  on  the  terms  and  conditions  said  Board  shall  prescribe 
in  writing,  and  no  ordinance  or  advertisement  shall  be 
necessary  or  made  in  such  cases  as  are  named  in  the  pro- 
viso of  this  section.  Provided,  however,  that  copies  of  said 
application  be  served  upon  the  adjoining  property  owners 
by  said  applicant  before  filing  application  before  said 
Board.** 

Baltimore  City  v.  Gorter,  93  Md.  12.  Purnell  v.  McLane,  98  Md. 
591-595.  Brauer  v.  Refrigerating  Co,,  99  Md.  367. 


38.  There  shall  be  included  annually  in  the  ordinance  contingent 
of  estimates  the  sum  of  fifty  thousand  dollars  to  be  used  as 
a contingent  fund  by  the  Board  of  Estimates,  in  case  of  an 
emergency  or  necessity  for  the  expenditure  of  money  above 
the  appropriations  regularly  passed  for  any  department, 
sub-department,  municipal  officer  not  embraced  in  a de- 
partment, or  special  commission  or  board,  in  the  interval 
between  the  annual  appropriations  as  herein  provided  for. 

As  soon  as  practicable  after  the  expenditure  of  any  part  of 

said  contingent  fund,  the  said  Board  shall  report  to  the  therefrom  to 

/-I*  /-I  *1  11  1 • T -1  1 be  reported. 

City  Council  all  the  circumstances  attending  said  expend- 
iture, and  the  necessity  for  the  same,  and  the  reasons 
assigned  by  the  department,  sub-department,  municipal 
officer  not  embraced  in  a department,  or  special  commission 
or  board,  applying  for  and  receiving  the  same.  The  City  , . 

n -1  1 11  1 1 . 1 Power  of  City 

Council  shall  not  have  the  power  to  increase  or  decrease,  coundi. 
or  strike  out,  said  amount  from  the  said  ordinance  of 
estimates. 

Baltimore  City  v.  Gorter,  93  Md.  12. 


39.  The  Mayor  and  City  Council  of  Baltimore  shall  private  claims 
appropriate  no  money  out  of  the  Treasury  of  the  City  for 
the  payment  of  any  private  claim  against  the  City,  unless 

**Note.  See,  section  8,  as  re-enacted  by  Act  1906,  ch.  152,  ante,  P.94. 

In  connection  with  the  provisions  of  Section  37,  of  the  Charter,  see, 

Simons’  Sons  v.  Maryland  Tel.  & Telegraph  Co.,  99  Md.  173. 


120 


TAX  RATE  AND  ANNUAL  LEVY. 


Report  show- 
ing taxable 
basis  for  en- 
suing year  tc 
be  submitted 
to  City 
Council. 


What  it  shall 
contain. 


Ordinance 
making  an- 
nual levy  of 
taxes. 


Tax  Rate. 


such  claim  shall  have  first  been  presented  to  the  Board  of 
Estimates,  together  with  the  proofs  upon  which  the  same 
is  founded,  and  reported  favorably  by  said  Board. 

Baltimore  City  v.  Gorter,  93  Md.  12. 


TAX  RATE  AND  ANNUAL  LEVY. 

40.  The  Board  of  Estimates  shall,  on  the  first  day  of 
October,  or  as  soon  thereafter  as  practicable,  in  the  year 
eighteen  hundred  and  ninety-eight  and  in  each  succeeding 
year,  procure  from  the  proper  municipal  department  and 
shall  send,  with  the  said  ordinance  of  estimates,  to  both 
Branches  of  the  City  Council,  a report  showing  the  taxable 
basis  for  the  next  ensuing  fiscal  year,  and  the  amount 
which  can  reasonably  be  expected  to  be  realized  by  taxation 
for  said  year.  The  report  shall  contain  an  aggregate 
statement  of  all  the  moneys  to  be  expended  during  the 
next  ensuing  fiscal  year  by  the  City,  as  set  forth  in  said 
ordinance  of  estimates,  as  well  as  of  any  other  sums,  if 
such  there  be,  which  the  City  may  be  required  to  expend 
during  the  said  year  for  any  purpose  or  purposes  not 
included  in  the  ordinance  of  estimates,  and  it  shall  also 
state  the  total  income  which  can  reasonably  be  expected 
to  be  received  by  the  City  for  the  next  ensuing  fiscal  year 
from  licenses,  fees,  rents  and  all  other  charges,  including 
the  amount  believed  to  be  collectible  from  taxes  in  arrears. 
The  report  shall  show  the  difference  between  such  antici- 
pated expenditures  and  receipts  of  the  City,  and  shall  state 
a rate  for  the  levy  of  taxes  sufficient  to  realize  the  amount 
required  to  meet  the  said  difference.  In  the  ordinance 
making  the  annual  levy  of  taxes,  which  ordinance  shall  be 
passed  by  the  Mayor  and  City  Council  of  Baltimore  in  the 
month  of  November  in  each  year,  and  as  soon  as  practica- 
ble after  the  passage  of  the  ordinance  of  estimates,  the 
Mayor  and  City  Council  of  Baltimore  shall  fix  a rate  of 
taxation  not  less  than  the  rate  stated  in  the  aforesaid 
report ; so  that  it  shall  not  be  necessary  at  any  time  for  the 
City,  its  officers  or  agents,  to  create  a floating  debt  to 
meet  any  deficiency,  and  it  shall  not  be  lawful  for  the 
City,  its  officers  or  agents,  to  create  a floating  debt  for 


COMMISSIONERS  OF  FINANCE. 


121 


any  such  purpose.  The  taxes  levied  under  said  ordinance  Annual  levy  of 
in  the  month  of  November  in  each  year  shall  be  the  taxes 
to  be  collected  for  the  fiscal  year  next  ensuing  after  the 
said  month  of  November,  and  may  be  paid  to  the  City 
Collector  on  or  after  the  first  day  of  January  next  ensuing 
said  levy.  The  taxes  included  in  said  levy  on  real  estate 
or  chattels  real  shall  be  in  arrears  on  the  first  day  of  July 
next  ensuing  the  date  of  their  levy,  and  the  taxes  included 
in  said  levy  on  all  forms  of  personal  property  shall  be  in 
arrears  on  the  first  day  of  May  next  ensuing  the  date  of 
their  levy,  and  the  taxes  on  both  forms  of  said  property  ^'^r^arslInTer- 
after  they  become  in  arrears  as  aforesaid  shall  bear  interest  payable, 
at  the  rate  of  six  per  centum  per  annum. 

*Baltimore  City  v.  Gorter,  93  Md.  1.  *Skinner,  etc.  Dry  Dock  Co.  v. 

Baltimore  City,  96  Md.  37.  Baltimore  City  v.  Poole,  97  Md.  71. 


COMMISSIONERS  OF  FINANCE. 

41.  The  Commissioners  of  Finance  shall  be  the  head  of  Members  of 
the  fourth  sub-department  of  Finance,  and  shall  be  a Board 
composed  of  the  Mayor,  Comptroller,  Register  and  two 
persons  appointed  by  the  Mayor  in  the  mode  prescribed  in 
section  25  of  this  Article,  and  who  shall  hold  their  offices 
as  therein  provided.  Both  of  said  two  last-named  persons 
shall  serve  without  pay.  The  Mayor  and  Register  shall 
sign  all  obligations  of  the  City  and  all  City  stock.  One  of 
the  persons  appointed  by  the  Mayor  as  aforesaid,  and  so 
designated,  shall  be  President  of  said  Board.  The  Deputy  President  and 
Register  shall  act  as  clerk  to  said  Board  and  keep  the 
accounts  and  a record  of  proceedings  of  said  Board,  and  for 
which  service,  in  addition  to  the  salary  of  said  deputy 
Register  herein  provided,  he  shall  be  paid  a salary  of  five 
hundred  dollars  per  annum,  payable  monthly.  This  Board 
shall  select  the  depository  banks  for  City  funds.  It  shall 
authorize  all  temporary  loans  to  be  made  not  inconsistent 
with  this  Article.  It  shall  have  charge,  control  and  custody  Powers  of  com- 
of  all  sinking  funds  of  the  Mayor  and  City  Council  of  rnddu”fe7. 
Baltimore,  and  shall  perform  such  other  duties  as  shall  be 
prescribed  by  ordinances  not  inconsistent  with  this  Article. 


122 


CITY  COLLECTOR. 


CITY  COLLECTOR. 


City  Collector 
head  of  6fth 
subdepart- 
ment  of  Fi- 
nance; Sal- 
ary. 


Duties. 


Assistants  and 
clerks. 


42.  The  City  Collector  shall  be  the  head  of  the  fifth  sub- 
department of  Finance,  and  shall  be  appointed  by  the 
Mayor  in  the  mode  prescribed  in  section' 25  of  this  Article, 
and  hold  his  office  as  therein  provided.  He  shall  be  paid 
for  his  services  in  collecting  City  taxes  the  salary  of  two 
thousand  dollars  per  annum,  payable  monthly.  He 
shall  be  the  collector  of  all  taxes  and  assessments  on  real 
property  levied  or  made  by  the  City.  He  shall  in  October 
in  the  year  eighteen  hundred  and  ninety-eight  and  in  each 
year  thereafter,  immediately  upon  the  receipt  of  the 
statement  from  the  Appeal  Tax  Court,  showing  the  taxable 
basis  for  the  next  ensuing  fiscal  year,  as  provided  for  in 
section  171  of  this  Article,  begin  the  preparation  of  the 
tax  bills  on  said  basis,  and  after  the  levy  of  taxes  has  been 
made  he  shall  complete  said  bills  and  have  them  ready  for 
payment  by  the  taxpayers  on  the  first  day  of  January  next 
ensuing  said  levy,  or  as  soon  thereafter  as  practicable. 
He  shall  have  such  assistants,  clerks  and  bailiffs  as  may  be 
fixed  by  ordinances,  and  who  shall  perform  such  duties  as 
shall  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article.** 


1844,  ch.  236,  Sec.  4.  P.  G.  L.,  (1860)  Art.  81,  Sec.  49.  1872,  ch.  384. 

1874,  ch.  383,  Sec.  48.  P.  G.  L.,  (1888)  Art.  81,  Sec.  49. 

1888,  ch.  515.  1900,  ch.  229. 

43.  Whenever  it  shall  become  necessary  to  sell  any  part 
or  parcel  of  ground  in  the  City  of  Baltimore,  improved  or 
unimproved,  for  the  payment  of  any  taxes  or  assessment, 
of  any  nature  or  kind  whatever,  levied  or  charged,  the  City 
^of  property  to  Collector  shall  first  give  notice  by  advertisement  published 
be  published,  ^ Week  for  four  successive  weeks  in  two  of  the  daily 
newspapers  published  in  said  City,  one  of  which  shall  be  in 
the  German  language,  that  he  will  sell  said  property  at  pub- 
lic auction  on  the  day  in  the  said  advertisement  mentioned  ; 
said  notice  shall  state  the  name  of  the  person,  when  known. 


**NoTF:  For  decisions  of  interest  in  properly  construing  the  provisions 

of  section  42,  supra^  see^ 

Sterling  v.  McMaster,  82  Md.  164.  Textor  v.  Shipley,  86  Md.  424. 
Skinner,  etc.  Dry  Dock  Co.  v.  Baltimore  City,  96  Md.  38. 


COIvLECTION  OF  TAXES. 


123 


to  whom  such  a parcel  of  ground  is  assessed,  the  amount  of 
taxes  due  on  the  same,  and  what  improvements,  if  any,  are 
on  said  parcel  of  ground,  and  to  properly  describe  said  prop-  ’^s^ha^rco^tlin. 
erty  the  City  Surveyor  shall  actually  survey  and  furnish  to 
the  City  Collector  a description  and  plat  of  each  lot  so  in  ar- 
rear  and  the  sum  to  be  paid  for  each  survey,  including  the 
description  and  plat,  shall  be  three  dollars  and  fifty  cents, 
said  sum  to  be  added  to  the  tax  bill  and  collected  in  the 
same  manner  as  the  bill  itself.  The  Collector  shall  before 
advertising  said  property  for  sale  give  to  the  person  or  per-  ^fndSftSSess 
sons  so  in  arrears,  or  to  one  of  them  if  more  than  one,  or 
leave  at  his  or  her  or  their  residence  or  last  known  resi-  paye^InTno- 
dence  of  one  of  them,  and  if  no  such  residence  be  known 
there  shall  be  left  upon  the  premises  so  to  be  sold  for  taxes, 
a statement  of  his  or  her  or  their  indebtedness,  and  not  less 
than  thirty  day’s  notice  of  his  (said  Collector’s)  intention 
if  the  bill  is  not  paid  to  enforce  the  payment  thereof  by  dis- 
traint or  execution. 

Mayor,  &c.  v.  Howard,  6 H.  & J.  383.  Alexander  v.  Walter,  8 Gill 
239.  Polk  V.  Rose,  25  Md.  153.  Co.  Commr’s.  of  Pr.  Geo.  Co.  v. 

Clarke,  36  Md.  207.  Tax  Sale  of  Lot  172,  42  Md.  196.  County  Commr’s. 

V.  Union  Mining  Co.,  61  Md.  548.  Cooper  v.  Holmes,  71  Md.  20. 

County  Commr’s.  of  Balto.  Co.  v.  Winand,  77  Md.  522.  Duvall  v. 

Perkins,  77  Md.  582.  Textor  v.  Shipley,  86  Md.  424.  Benzinger  v. 

Gies,  87  Md.  704.** 

P.  L.  L.,  (I860)  Art.  4,  Sec.  875.  P.  L.  L.,  (1888)  Art.  4,  Sec.  833. 

44.  The  City  Collector  shall  require  the  purchaser  of 
such  property  on  the  day  of  sale,  or  the  day  next  succeed-  purchaser  to 
ing,  to  pay  on  account  of  said  purchase  the  amount  assess-  costs  of  dis- 
ed  or  taxed  on  the  lot  so  sold,  together  with  all  costs  and  cuUom 


**Note  : As  to  collection  of  taxes  and  tax  sales  generally,  see,  Mayor 
V.  Chase,  2 G.  & J.  376.  Polk  v.  Pendleton,  31  Md.  125.  Dyer  z/. 
Boswell,  39  Md.  465.  Guisebert  v.  Etchison,  51  Md.  478.  Steuart  v. 
Meyer,  54  Md.  466.  Margaff  v.  Cunningham,  57  Md.  585.  Gould  v. 
Mayor,  58  Md.  46.  Hebb  v.  Moore.  66  Md.  167.  Perkins  v.  Dyer,  71 
Md.  421.  Georgetown  College  v.  Perkins,  74  Md.  72.  Degner  v.  M.  & 
C.  C.  of  Balto.,  74  Md.  144.  Bader  z/.  Perkins,  77  Md.  468.  Baltimore 
V.  Ulman,  79  Md.  486.  Shaw  v.  Devecmon,  81  Md.  217.  Richardson 
V.  Simpson,  82  Md.  157.  Baumgardner  v.  Fowler,  82  Md.  637.  Young 
V.  Ward,  88  Md.413. 


124 


CITY  COTTBCTOR. 


charges,  and  no  more,  and  the  residue  of  the  purchase 
money  shall  remain  on  a credit  of  one  year  and  a day. 

P.  h.  L.,  (1860)  Art.  4,  Sec.  876.  P.  T.  L.,  (1888)  Art.  4,  Sec.  834. 

45.  If  the  property  so  sold  shall  not  be  redeemed  at  the 
^^noT?edeemed  explratlon  of  Si  jesiV  and  a day  from  the  day  of  sale,  the 
and  City  Collector  shall,  when  required,  and  on  payment  of  the 
executed.^  full  amount  of  the  purchase  money,  execute  a deed  for  the 
same  to  the  purchaser,  and  the  balance  of  the  purchase 
money  so  received  by  him  shall  be  paid  to  the  City  Register. 

Polk  7J.  Rose,  25  Md.  153.  Hamilton  v.  Valiant,  30  Md.  139.  Tax 
Sale  of  Lot  172,  42  Md.  196.  Taylor  v.  Forrest,  96  Md.  529. 

1904.  ch.  281. 

§45a.  Whenever  property  in  the  City  of  Baltimore  has 
Property  sold  been  sold  for  taxes  pursuant  to  law,  by  one  City  Collector, 
Collector  and  and  such  salc  has  been  reported  and  the  deed  executed  by 

sale  reported 

and  deed  exe-  the  successor  iu  office  of  the  City  Collector  who  made  the 

cuted  by  his 

successor,  sale  as  aforesaid,  such  report  and  such  conveyance 
shall  be  as  valid  to  all  intents  and  purposes  as  they  would 
have  been  if  made  by  the  City  Collector  who  made  the  sale. 


1904.  ch.  281. 

§45b.  Whenever  property  in  the  City  of  Baltimore  has 
been  sold  for  taxes,  pursuant  to  law,  by  one  City  Collector, 
i*^op|rty  sold  and  such  sale  has  been  reported  by  the  City  Collector  who 
ciS  oiiiecto?  same,  but  the  deed  for  such  property  has  been 

and  deed  exe- executed  and  delivered  by  the  successor  in  office  of  the 
successor.  ()ity  Collector  who  made  such  sale  and  report  as  aforesaid, 
such  conveyance  shall  be  as  valid  to  all  intents  and  purpos- 
es as  it  would  have  been  if  made  by  the  City  Collector  who 
made  and  reported  the  sale.** 

P.  L.  L.,  (I860)  Art.  4,  Sec.  877.  P.  L.  L.,  (1888)  Art.  4,  Sec.  835. 

46.  If  it  shall  appear  that  the  owner  of  the  said  lot  or 
Investment  of  parcol  of  ground  prior  to  the  execution  of  the  deed  for  the 
3k  dibt.  same  by  the  City  Collector,  cannot,  after  reasonable  effort, 
be  found,  or  if  said  owner  shall  refuse  to  receive  said  bal- 

**Note  : see^  Duvall  v.  Perkins,  77  Md.  588.  Taylor  v.  Forrest,  96 
Md.  533. 


SALE  OF  property  for  TAXES 


125 


lance  of  money,  then  in  either  case  the  City  Register  shall 
invest  the  same  for  the  benefit  of  such  owner  in  any  public 
debt  of  the  State  of  Maryland  or  Mayor  and  City  Council 
of  Baltimore,  and  shall  safely  keep  the  same,  and  from 
time  to  time  collect  the  interest  due  thereon,  and  invest  for 
the  benefit  of  such  owner  the  interest  from  time  to  time  in 
the  said  stock. 

P.  L.  L.,  (I860)  Art.  4.  Sec.  878.  P.  L.  L.,  (1888)  Art.  4,  Sec.  836. 

47.  When  any  lot  or  parcel  of  ground  in  the  said  City  o^„erofiot 
shall  be  sold  by  reason  of  non-payment  of  the  tax  or  assess-  wfthin^'iped- 
ment  due  thereon,  the  owner  or  other  persons  having  an  payment o" 
estate  or  interest  therein  shall  have  power  to  redeem  the 
same  at  any  time  within  one  year  and  a day  from  the  day 
of  sale,  on  paying  or  tendering  in  payment  to  the  City  Col- 
lector the  whole  amount  of  money  received  by  such  City 
Collector  from  the  sale  of  the  lot  or  parcel  of  ground  to  be 
redeemed,  and  a further  sum  of  one-half  per  cent,  per 
month  interest  from  the  time  of  sale  to  the  time  of  such 
tender ; and  the  sums  so  paid  shall  be  by  the  City  Collec- 
tor delivered  or  tendered  to  the  purchaser,  whose  right  in 
the  property  so  purchased  shall  thenceforth  cease  and  de- 
termine. 


1900,  ch.  663. 

§47a.  In  all  cases  where  lands  held  by  lease  have  been 
sold  for  the  non-payment  of  taxes  or  assessments  due  there- 
on, the  owner  of  the  reversionary  interest  therein  shall 
have  the  right  at  any  time  within  one  year  and  a day  from 
the  day  of  such  sale,  on  paying  or  tendering  in  payment  to 
the  collector  the  whole  amount  of  the  money  received  by 
such  collector  from  the  sale  of  the  lot  or  parcel  of  ground, 
together  with  the  further  sum  of  one-half  per  cent,  per 
month  interest  from  the  time  of  sale  to  the  time  of  such 
tender,  to  be  substituted  in  the  place  of  said  purchaser  of 
said  lot  or  parcel  of  ground  so  sold,  and  the  sum  so  paid 
shall  be  by  the  collector  delivered  or  tendered  to  the  pur- 
chaser whose  rights  in  the  property  shall  thenceforth  cease 
and  determine.** 

**Note. — Thi.s  section  was  intended  to  supplement  section  836  of  P.  L 
L.,  (1888)  Art.  4,  now  codified  as  section  47  of  the  New  Charter. 


Owner  of  rever- 
sionary inter- 
est in  lease- 
hold propert3" 
sold  for  taxes 
may  in  cer- 
tain cases  be 
allowed  to  re- 
deem same. 


126 


CITY  COLLECTOR. 


Ratification  of 
tax  sales  by 
Circuit  Court. 


Sale  may  be 
set  aside  and 
resale  made. 


Application  of 
proceeds  of 
resale. 


Proviso. 


P.  G.  L.,  (1860)  Art.  81,  Secs.  61,  63.  1867,  ch.  186.  .1870,  ch.  312. 

1872,  ch.  384.  1874,  ch.  483,  Sec.  51.  P.  G.  L.,  (1888)  Art.  81,  Sec,  52. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  837.  1888,  ch.  515.  1902,  ch.  490. 

48.  In  all  cases  where  lands  held  in  fee  simple  or  by 
lease  have  been  sold,  or  shall  be  sold  for  payment  of  taxes 
in  arrears,  according  to  the  provisions  of  existing  laws,  it 
shall  be  the  duty  of  the  City  Collector  to  report  the  said 
sale,  together  with  all  the  proceedings  had  in  relation  there- 
to to  the  Circuit  Court  of  said  City.  The  Court  to  which 
such  report  shall  be  made  shall  examine  the  said  proceed- 
ings, and  if  the  same  appear  to  be  regular,  and  the  provis- 
ions of  law  in  relation  thereto  have  been  complied  with, 
shall  order  notice  to  be  given  by  advertisement  published 
in  such  newspapers  as  the  Court  shall  direct,  warning  all 
persons  interested  in  the  property  sold  to  be  and  appear  by 
a certain  day  in  the  said  notice  to  be  named,  to  show  cause, 
if  any  they  have,  why  said  sale  should  not  be  ratified  and 
confirmed  ; and  if  no  cause  or  an  insufficient  cause  be  shown 
against  the  said  ratification,  the  said  sale  shall,  by  order  of 
said  court,  be  ratified  and  confirmed,  and  the  purchaser 
shall,  on  payment  of  the  purchase  money,  have  a good  title 
to  the  property  sold  ; but  if  good  cause,  in  the  judgment  of 
said  court,  be  shown  in  the  premises,  the  said  sale  shall  be 
set  aside  ; in  which  case  the  said  City  Collector  shall  pro- 
ceed to  a new  sale  of  the  property  and  bring  the  proceeds 
into  court,  out  of  which  the  purchaser  shall  be  repaid  the 
purchase  money  paid  by  him  to  the  City  Collector  on  said 
rejected  sale,  and  all  taxes  assessed  on  said  real  estate  and 
paid  by  said  purchaser  since  said  sale,  and  all  costs  and  ex- 
penses properly  incurred  in  the  said  court,  with  interest  on 
all  such  sums  from  the  time  of  payment;  and  if  the  pur- 
chaser has  not  paid  the  purchase  money  or  the  subsequent 
taxes,  to  apply  said  proceeds  to  the  payment  of  the  taxes 
for  which  said  real  property  may  have  been  sold,  and  all 
subsequent  taxes  thereon  then  in  arrears,  with  interest  on 
the  same,  according  to  law,  and  the  costs  of  the  proceed- 
ings ; but  such  sales  shall  not  be  set  aside  if  the  provisions 
of  the  law  shall  appear  to  have  been  substantially  complied 
with  ; and  the  burden  of  proof  shall  be  on  the  exceptant  to 
show  the  same  to  be  invalid  under  the  law. 


SALE  OF  property  FOR  TAXES. 


127 


Co.  Commr’s,  Pr.  Geo.  Co.  v Clark,  36  Md.  206.  Ex  parte  in  the 
matter  of  the  Tax  Sale  of  Lot  172,  42  Md.  196.  Meyer  v.  Steuart,  48 
Md.  423.  Guisebert  v.  Etchison,  51  Md.  488.  Steuart  Meyer,  54  Md. 
454.  Cooper  v.  Holmes,  71  Md.  20.  Textor  v.  Shipley,  77  Md.  476. 
Shaw  V.  Devecmon,  81  Md.  217.  Richardson  v.  Simpson,  82  Md.  155. 
Baumgardner  v.  Fowler,  82  Md.  631.  Keys  v.  Forrest,  90  Md.  136. 
Taylor  v.  Forrest,  96  Md.  531.  Cf.,  Margaff  v.  Cunningham’s  Heirs, 
57  Md.  585.  Young  v.  Ward,  88  Md.  419,  420.  Oppenheimer  v.  Levi, 
96,  Md.  304.  Hewitt  Z'.  Parsley,  101  Md.  207. 


1880,  ch.  230.  P.  L.  L.,  (1888)  Art.  4,  Sec.  838. 

49.  Whenever  the  Citji  Collector  shall  have  distrained  Notice  of  sale 

, by  advertise- 

or  levied  upon  any  goods  or  chattels  in  said  City  for  non- 
payment  of  any  taxes,  State  or  municipal,  due  by  the  own- 
er thereof,  before  making  sale  of  the  property  so  distrain- 
ed or  levied  upon,  said  City  Collector  shall  give  notice  by 
advertisement  published  twice  a week  for  one  week  prior 
to  the  day  of  sale,  and  also  on  the  day  of  sale,  in  three  of 
the  daily  newspapers  published  in  said  City,  one  of  which 
shall  be  in  the  German  language,  that  he  will  sell  for  cash, 
at  public  auction,  to  the  highest  bidder,  on  the  day  and  at 
the  time  and  place  mentioned  in  said  advertisement,  the 
property  therein  specified,  unless  on  or  before  the  day  of 
sale  the  entire  amount  of  taxes  for  which  such  distraint  or 
levy  shall  have  been  made,  with  the  interest  thereon,  and 
costs  of  making  said  levy  and  advertisement,  shall  be  paid. 


1880,  ch.  230.  P.  L.  L.,  (1888)  Art.  4,  Sec.  839. 

50.  Every  City  Collector  who  shall  sell  any  goods  or  saie  of  chattels 
chattels  levied  or  distrained  upon  for  taxes.  State  or  mu-  of^proceeSs. 
nicipal,  in  Baltimore  City,  after  due  advertisement,  as  re- 
quired in  the  preceding  section,  shall  retain  out  of  the 
proceeds  of  sale  the  amount  of  taxes  due  from  the  delin- 
quent, for  which  such  levy  or  distraint  shall  have  been 

made,  with  the  interest  thereon,  and  all  costs  incurred  in 
making  said  sale,  and  shall  pay  over  the  surplus,  if  any, 
to  the  owner  of  the  property  so  levied  upon  and  sold. 

1890,  ch.  205.  P.  L.  L.,  (1888)  Art.  4,  Sec.  841A.  1900,  ch.  229. 

51.  The  City  Collector  shall  not  be  required  to  distrain 
for  any  taxes  assessed  or  levied  upon  real  estate  or  personal 


128 


CITY  COLLECTOR. 


^ tice'^tjf bt  Pi*operty,  but  he  shall  at  least  two  weeks  before  the  taxes 

whei”  tlxef  ^ become  payable  give  notice  by  advertisement  in  three  daily 
become  due.  papers  published  in  Baltimore  City  of  the  day  on  which 
all  taxes  for  the  ensuing  fiscal  year  become  due;  and  shall 
on  the  application  in  person  or  by  agent  or  by  mail  of  any 
person  to  whom  property  is  assessed  deliver  or  send  by 
mail  a bill  showing  the  amount  of  taxes  due  by  such  person 
taxpayers,  wooks  boforo  the  day  on  which  such  taxes  shall  by 

law  be  in  arrear.  He  shall  give  notice  by  advertisement 
Notice  of  taxes  Same  way  that  all  taxes  not  paid  on  or  before  that 

Whit  slid  <^^te  will  be  in  arrears,  and  that  the  property  on  which 
Said  taxcs  are  levied  will  then  be  subject  to  be  sold  for 
taxes.  And  said  notice  shall  further  state  that  unless  the 
taxes  so  in  arrear  are  paid  within  thirty  days  thereafter, 
three  per  cent,  of  the  gross  amount  thereon  shall  be  added 
^”pSty  to  be  each  bill  for  taxes  in  arrear,  and  at  the  expiration  of 
added.  thirty  days  from  such  notice,  if  the  same  be  not  then  paid, 
three  per  centum  of  the  gross  amount  of  each  bill  for  said 
taxes  in  arrear  shall  be  added  thereto  as  a penalty  and 
collected  in  the  same  manner  as  the  bill  itself,'  said  penalty 
to  be  paid  to  the  City  Collector  and  by  him  to  the  City 
Register  to  the  credit  of  the  Mayor  and  City  Council ; to 
^li?dIgtil?s'P^"ovide  for  the  expense  of  collecting  the  taxes  for  the 
fiscal  year  1900,  the  Mayor  and  City  Council  may  by 
ordinance  appropriate  the  moneys  so  to  be  paid  to  the 
Register  in  payment  of  the  expenses  for  collecting  the 
taxes  for  that  year. 

Benzinger  v.  Gies,  87  Md.  704. 


1904,  ch.  386. 

Enforcement  51  A.  In  all  cases  where  the  City  Collector  shall  com- 
felaln  of  mence  and  carry  on  proceedings  for  the  enforcement  and 
bTcl’ty  od”  collection  of  taxes  under  the  provisions  of  this  Article, 
col^pllteli  by  w by  notice,  distraint,  levy,  advertisement,  sale, 

his  successor.  gf  g^]g  qj.  otherwise,  and  the  term  of  office  of  such 

City  Collector  shall  expire  or  shall  cease  by  death,  resig- 
nation, removal  or  otherwise,  before  such  proceedings  are 
completed,  and,  in  case  of  sale,  before  the  said  sale  has 
been  fully  ratified  and  confirmed  and  a deed  to  the  purchaser 
executed  and  delivered  as  provided  in  this  Article,  the 


COLLECTOR  OF  STATE  TAXES. 


129 


successor  in  office  of  such  City  Collector  whose  term  of 
office  shall  thus  cease  or  expire  is  hereby  authorized, 
empowered  and  required  to  continue  and  complete  all  said 
proceedings  commenced  and  carried  on  as  aforesaid,  during 
the  term  of  office  of  his  said  predecessor,  in  the  same 
manner  and  with  like  effect  as  his  said  predecessor  would 
have  been  authorized  and  empowered  to  do  had  his  term 
of  office  not  ceased  and  expired  as  aforesaid ; and  the 
successor  in  office  of  such  City  Collector  whose  term  .of 
office  shall  thus  cease  or  expire,  shall  have  full  power  and 
authority  to  report  any  and  all  sales  made  by  his  said  prede- 
cessor in  office,  to  execute  and  deliver  any  and  all  deeds  to 
property  sold  or  reported  by  his  said  predecessor,  and  duties  of  suc- 
generally  to  do  any  and  all  acts  and  things  necessary  or 
proper  to  be  done  in  order  to  continue  and  finally  complete 
the  enforcement  and  collection  of  taxes,  and  the  sale  and 
conveyance  of  property  therefor  commenced  and  carried 
on  by  his  said  predecessor  in  office. 

Duvall  V.  Perkins,  77  Md.  588.  Taylor  v.  Forrest,  96  Md.  529. 


COLLECTOR  OF  STATE  TAXES. 


1874,  ch.  483.  P.  L.  L.,  (1888)  Art.  4,  Sec.  851.  P.  G.  L.,  (1904)  Art. 
81,  Sec.  31. 


52.  The  Mayor  shall  appoint  in  the  mode  prescribed  in 
section  25  of  this  Article,  and  he  shall  hold  his  office  as 
therein  provided,  one  Collector  for  Baltimore  City,  for  the 
collection  of  all  State  taxes  levied  or  to  be  levied  for  any 
year;  and  it  shall  not  be  lawful  for  the  municipal  authori- 
ties of  said  City  to  provide  any  fixed  annual  or  other 
stated  compensation  for  collection  of  the  State  taxes,  or  a 
salary  of  any  kind,  to  the  said  Collector  for  his  services  in 
collecting  the  State  taxes,  otherwise  than  by  a per  centum 
on  the  amount  of  his  collections,  as  prescribed  by  this 
Article. 


Appointment, 


CompensationJ 


*Crane  v.  State,  1 Md.  27.  ^Humphrey  v.  State,  17  Md.  57.  *Mc- 
Cauley  ^/.  State,  21  Md.  573.  *Allen  z/.  State,  98  Md.  697.  Cf.,  Seiden- 
stricker  v.  State,  2 Gill  374. 


130 


COLIvECTOR  OF  STATE  TAXES. 


Bond. 


Daily  deposits 
of  vState 
taxes. 


Penalty  for 
failure. 


1888,  Art.  81,  Sec.  33.  1860,  Art.  81,  Sec.  35.  1865,  ch.  155.  1868, 

ch.  366.  1874,  ch.  483,  Sec.  32.  P.  L.  E.,  (1888)  Art.  4,  Sec.  852. 

53.  The  Collector  of  State  taxes  in  the  City  of  Balti- 
more, before  he  acts  as  such,  shall  give  a bond  to  the  State 
of  Maryland  in  the  penalty  of  seventy-five  thousand 
dollars,  to  be  approved  by  the  Governor,  with  the  condition 

that  “if  the  above  bound shall  well  and  faithfully 

execute  his  office,  and  shall  account  to  the  State  Comptroller 
for,  and  pay  to  the  Treasurer  of  the  State,  the  several 
sums  of  money  which  he  shall  receive  for  the  State,  or  be 
answerable  for  by  law,  at  such  times  as  the  law  shall  direct, 
then  such  obligation  to  be  void,  otherwise  to  remain  in 
full  force  and  virtue  in  law.'’  The  said  Collector’s  bond, 
when  approved  by  the  proper  authorities  in  the  City  of 
Baltimore,  shall  be  recorded  in  the  office  of  the  Clerk  of 
the  Superior  Court  of  Baltimore  City,  and  when  approved 
by  the  Governor  shall  be  filed  in  the  office  of  the  State 
Comptroller. 

Baden  v.  State,  1 Gill  165.  State  v.  Carleton,  1 Gill  249.  Waters  v. 
State,  1 Gill  302.  Eawrenson  v.  State,  7 H.  & J.  339.  Milburn  v.  State, 

1 Md.  14.  Billingslea  v.  State.  14  Md.  369.  McCauley  v.  State,  21  Md. 
573.  .State  v.  Horner,  34  Md.  569.  Frownfelter  v.  State,  66  Md.  80. 

1888,  Art.  81,  Sec.  34.  1868.  cli.  366.  1874,  ch.  383,  Sec.  33.  1904,  Art. 

81,  Sec.  34.  P.  L.  L.,  (1888)  Art.  4,  Sec.  853. 

54.  The  Collector  of  State  Taxes  in  the  City  of  Balti- 
more shall  make  daily  deposits  of  such  sums  of  money  as 
he  shall  receive  for  State  taxes  collected  by  him,  less  the 
amount  of  commission  allowed  him  for  the  collection  of  the 
same,  to  the  credit  of  the  Treasurer  of  the  State  of  Mary- 
land, in  some  bank  in  said  City  which  pays  to  the  State  the 
bonus  or  school  tax,  as  provided  by  law,  to  be  designated 
by  the  said  Treasurer,  and  shall  send  to  the  Treasurer  a • 
statement  of  the  amount  so  deposited  within  the  first  ten 
days  of  each  month,  with  a certificate  of  the  bank  that 
the  same  is  so  deposited;  and  on  the  failure  to  make  such 
daily  deposits  and  to  send  such  certificate,  he  shall,  on 
proof  thereof  to  the  satisfaction  of  the  Governor,  be  liable 
to  removal  from  office  by  the  Governor,  and  the  State 
Comptroller  shall  immediately  enter  suit  upon  his  bond. 

*Allen  V.  State,  98  Md.697.  See  Seidenstricker  z/.  State,  2 Gill  374. 


COI.LBCTOR  OF  STATE  TAXES. 


131 


1874,  ch.  483.  P.  L.  L.,  (1888)  Art.  4,  Sec.  854.  1888,  Art.  81,  Sec.  35. 

1868,  ch.  366.  1874,  ch.  483.  Sec.  34. 

55.  The  Treasurer  of  the  State  may  make  weekly  ex- 
amination  of  the  books  of  the  Collector  of  State  Taxes  in 
Baltimore  City,  whose  books  shall  always  be  open  to  such 
inspection. 

1874,  ch.  483.  P.  E.  E.,  (1888)  Art.  4,  Sec.  855.  1888,  Art.  81,  Sec. 

39,  1860,  Art.  81,  Sec.  39.  1844,  ch.  236,  Sec.  1.  1865,  ch.  155. 

1868,  ch,  366.  1874,  ch.  483,  Sec.  38. 

56.  If  there  be  no  Collector  of  State  Taxes  qualified  ^over- 
and  compensated  in  conformity  with  the  provisions  of  this  po[n“coF 
Article  in  said  City  by  the  fifteenth  day  of  October  in  any 

year,  the  Governor  shall  appoint  from  any  part  of  the 
State  a Collector  for  the  said  City,  who  shall  give  bond, 
with  sureties  to  be  approved  by  the  Governor,  and  be  in  all 
respects  on  a footing  with  other  State  Collectors’  bonds  as 
provided  in  the  Public  General  Laws,  Article  81,  title 
‘ ‘ Revenue  and  Taxes,  ’ ’ and  the  said  Collector  shall  have 
all  the  power  of  other  Collectors. 

1874,  ch.  483.  P.  E.  E.,  (1888)  Art.  4,  Sec.  856. 

57.  The  Mayor  and  City  Council  of  Baltimore  shall  commission  of 
levy  upon  the  assessable  property  in  the  City  of  Baltimore 

such  commission  as  will  in  its  judgment  insure  a speedy 
collection  of  said  State  taxes,  not  exceeding  two  per  centum 
on  the  amount  to  be  placed  in  the  hands  of  said  Collector 
of  State  Taxes  for  Baltimore  City;  said  commission  to  be 
levied  for  the  use  of  said  Collector,  and  to  be  collected  as 
other  charges  are  collected. 

Allen  V.  State,  98  Md.  697. 

58.  The  City  Collector  shall  be  the  Collector  of  State 

Taxes,  and  perform  the  duties  as , herein  provided,  unless  city  collector 
otherwise  provided  by  ordinance  of  the  Mayor  and  City  state  Taxes. 
Council  of  Baltimore. 


1906,  ch.  101. 

5 8 A.  At  the  trial  or  hearing  of  any  suit  or  proceedings 
of  any  kind,  whether  at  law  or  in  equity,  or  before  any 
Justice  of  the  Peace,  brought  for  the  recovery  of  any  tax. 


132 


COIvIyECTOR  OF  WATER  RENTS  AND  LICENSES. 


Certificate  of 
the  City  Col- 
lector, or  of 
the  Collector 
of  State 
Taxes,  as  to 
the  amount 
of  taxes  due 
to  be  t>rima 
facie  evi- 
dence of 
amount  of 
taxes  due. 


Appointments. 


Duties, 


When  licenses 
shall  become 
due. 


or  taxes,  and  for  any  interest  or  penalties  that  may  be  due 
and  owing  on  account  of  the  non-payment  of  such  tax  or 
taxes,  against  any  corporation,  firm  or  individual,  and  in 
the  case  of  an  individual  whether  such  suit  or  proceedings 
be  against  him  or  her  in  a representative  or  fiduciary 
capacity,  or  in  his  or  her  own  right,  the  certificate  of  the 
City  Collector  or  of  the  Collector  of  State  Taxes  in  the  City 
of  Baltimore,  as  the  case  may  be,  as  to  the  amount  of  such 
tax  or  taxes  due,  and  as  to  the  amount  of  any  interest  or 
penalties  or  both,  due  for  non-payment  of  the  same  shall 
be  prima  facie  evidence  to  entitle  either  the  Mayor  and 
City  Council  of  Baltimore  or  the  State  of  Maryland  as  the 
case  may  be,  to  a verdict  and  judgment,  or  to  an  order  or 
decree  as  the  proceedings  may  warrant,  against  such 
corporation,  firm  or  individual,  and  in  the  case  of  an  indi- 
vidual, whether  the  individual  be  sued  or  proceeded  against 
in  a representative  or  fiduciary  capacity  or  in  his  or  her 
own  right  for  the  full  amount  of  such  tax  or  taxes,  together 
with  any  interest  or  penalties,  or  both,  which  said  certificate 
shall  so  state  to  be  due  and  owing. 

COLLECTOR  OF  WATER  RENTS  AND  LICENSES. 

1898,  ch.  123.  1900,  ch.  109. 

59.  The  Collector  of  Water  Rents  and  Licenses  shall  be 
the  head  of  the  sixth  sub-department  of  Finance,  and  shall 
be  appointed  by  the  Mayor  in  the  mode  prescribed  in  Section 
25  of  this  Article,  and  hold  his  office  as  therein  provided. 
He  shall  be  paid  the  salary  of  two  thousand  five  hundred 
dollars  ($2,500)  per  annum,  payable  monthly.  He  shall 
collect  all  water  rents  and  license  fees,  and  all  other  dues, 
or  revenues  to  which  the  Mayor  and  City  Council  of  Balti- 
more is  or  may  be  entitled  except  otherwise  provided  in 
this  Article,  and  he  shall  have  such  assistants  and  clerks 
and  perform  such  other  duties  as  shall  be  prescribed  by 
ordinances  not  inconsistent  with  this  Article.  All  licenses 
imposed  by  ordinances  shall  be  due  and  collectible  in  the 
first  week  of  January  in  each  year,  and  it  shall  be  the  duty 
of  said  Collector  of  Water  Rents  and  Licenses  to  see  that 
said  Licenses  are  paid  at  that  time ; provided,  that  the 


DEPARTMENT  OF  RAW. 


133 


Mayor  and  City  Council  of  Baltimore  may,  if  the  public 
service  permits,  assign  the  duties  to  be  performed  by  this 
section  to  be  performed  by  the  Collector  of  Water  Rents  and 
Licenses,  to  some  other  municipal  official,  and  when  so 
done  by  ordinance  this  office  may  be  abolished. 

DEPARTMENT  OF  LAW. 

60.  There  shall  be  a Department  of  Law  of  the  Mayor  ^ity  solicitor, 
and  City  Council  of  Baltimore;  the  head  of  said  department 

shall  be  the  City  Solicitor. 

1^06,  ch.  459. 

61.  The  City  Solicitor  shall  be  appointed  by  the  Mayor  jjis  appoint- 
in  the  mode  prescribed  in  Section  25  of  this  Article,  and 

hold  his  office  as  therein  provided.  He  shall  be  a member 
of  the  Baltimore  Bar,  who  has  practiced  his  profession  for 
not  less  than  ten  years  in  Baltimore  City,  and  he  shall 
receive  a salary  of  forty-five  hundred  dollars  per  annum, 
payable  monthly. 

1898,  ch.  123.  1904,  ch.  112.  1906,  ch.  206. 

62.  The  City  Solicitor  shall  be  the  legal  adviser  of  the  city  solicitor 

Mayor  and  City  Council  of  Baltimore,  and  its  several  M^y- 

departments,  and  special  commissions  or  boards,  and  shall 

have  general  supervision  and  direction  of  all  legal  business  Baltimore. 

of  the  City.  He  shall  have  charge  and  direction  of  the 

preparation  and  trial  of  all  suits,  actions  and  proceedings 

of  every  kind  to  which  the  City,  or  any  municipal  official, 

department,  special  commission  or  board,  shall  be  a party 

in  any  Court,  local.  State  or  Federal,  or  before  any  Justice 

of  the  Peace,  and  when  practicable,  without  conflict  with  his 

other  duties,  he  shall  personally  participate  in  the  trial  of 

all  such  suits  in  any  of  the  Federal  Courts  and  in  the  Court 

of  Appeals  of  Maryland  and  of  all  such  suits  in  other  Courts 

which  the  Mayor  may  request  him  in  writing  to  try,  and 

shall  discharge  such  other  duties  as  may  from  time  to  time 

be  prescribed  by  ordinances  not  inconsistent  with  this 

Article.  He  shall  appoint  in  writing  four  assistants,  to  be  Appointment 

known  respectively,  as  the  Deputy  City  Solicitor  and  Assistants 


134 


DEPARTMENT  OF  RAW. 


Assistant  City  Solicitor,  all  of  whom  shall  be  members  of 
the  Baltimore  Bar,  and  shall  hold  their  respective  positions 
Salaries.  Salaries  payable  monthly  of  $3,000  per  annum  for  the 

Deputy  City  Solicitor  and  $2,500  per  annum  for  each  of 
the  said  Assistant  City  Solicitors,  during  the  pleasure  of 
the  City  Solicitor,  who  is  hereby  authorized  to  assign 
to  them  the  performance,  subject  to  his  direction  and 
control,  of  any  of  the  duties  required  of  him  by  this 
Article,  whether  expressed  to  be  personal  to  himself  or 
not,  excepting  only  such  duties  as  pertain  to  his  character 
as  a member  of  the  Board  of  Estimates  or  the  Board  of 
Awards.  In  case  any  vacancy  shall  occur  in  the  office  of 
the  City  Solicitor  whether  by  death,  resignation  or  other- 
when  Deputy  wiso,  the  Deputy  City  Solicitor  shall  perform  all  the  duties 
?iiSil?t  as  appertaining  to  said  office  until  the  appointment  and 
qualification  of  the  new  City  Solicitor,  and  during  the 
absence,  sickness  or  other  disability  of  the  City  Solicitor, 
the  Deputy  City  Solicitor  shall  perform  all  the  duties 
appertaining  to  the  office  of  City  Solicitor,  including  his 
duties  as  a member  of  the  Board  of  Estimates  and  of  the 
Board  of  Awards.  In  addition  to  such  other  duties  as  the 
^sistlty  (Aty  City  Solicitor  may  assign  to  him,  one  of  the  Assistant  City 
Solicitors.  Solicitors  shall  have  charge,  subject  to  the  direction  and 
control  of  the  City  Solicitor,  of  the  examination  of  all 
titles  on  behalf  of  the  City,  and  in  doing  such  work  shall 
be  aided  by  such  persons  as  the  City  Solicitor  shall  employ 
for  the  purpose  out  of  the  funds  appropriated  by  the  annual 
ordinance  of  estimates  to  his  department  for  general 
expenses,  or  out  of  the  proceeds  of  loans  or  other  sums 
Examination  appropriated  by  the  Mayor  and  City  Council  of  Baltimore 
of  titles.  defray  the  cost  of  public  improvements  or  work  involving 
the  examination  of  titles  on  behalf  of  the  City.  * 


*NoTE. — In  relation  to  the  powers  and  duties  of  the  CiU' Solicitor  and 
his  authority  in  representing  the  Cit}’^  in  suits  prior  to  the  enactment  of 
the  new  City  Charter,  see  ; 

Balto.  V.  Ritchie,  51  Md.  233.  Ireton  Baltimore,  61  Md.  432. 
Dugan  V.  Mayor,  70  Md.  7,  8.  M.  & C.  C.  of  Balto.  v.  Turnpike  Co.,  80 
Md.  546. 


DEPARTMENT  OF  LAW. 


135 


63.  The  City  Solicitor  shall  give  advice  and  opinions  in 
writing  upon  any  legal  questions  affecting  the  interest  of 
the  City,  which  may  be  submitted  to  him  in  writing  by  the 
Mayor  or  either  Branch  of  the  City  Council,  or  any  Commit- 
tee thereof,  or  the  head  of  any  department,  or  a special  com- 
mission or  board.  All  deeds,  bonds,  contracts  and  other  legal 
instruments  involving  the  interest  of  the  City  or  to  be  execut- 
ed by  or  passed  to  the  Mayor  or  other  officer  of  the  City  shall, 
before  they  are  executed  or  accepted,  be  submitted  to  the 

City  Solicitor  and  have  endorsed  upon  them  his  opinion  as  to  ^°egafin?tru- 
their  sufficiency  and  their  compliance  in  terms  and  condi- 
tions  with  the  laws  or  ordinances  under  which  they  are  ^ 
executed.  It  shall  be  the  duty  of  all  officers  and  depart- 
ments of  the  City  to  submit  all  such  bonds,  contracts  or 
other  written  instruments  to  the  City  Solicitor  for  his 
approval  before  executing  or  accepting  the  same. 

64.  The  Law  Department  shall  have  its  offices  and 
headquarters  in  such  rooms  in  the  City  Hall,  or  elsewhere,  Departo^nT 
as  the  Mayor  may  designate,  to  be  provided  and  furnished 

at  the  expense  of  the  City,  and  which  shall  be  open  on  all 
business  days  between  the  hours  of  9 A.  M.  and  3 P.  M.  All 
papers  and  documents  relating  to  the  legal  business  of  the 
City  shall  be  permanently  filed  in  said  office. 


1898,  ch.  123.  1904,  ch.  112.  1906,  ch.  206. 

65.  The  City  Solicitor  is  authorized  to  employ,  in 
addition  to  the  assistants  to  one  of  the  Assistant  City  of  clerk, 
Solicitors  mentioned  in  Section  62  of  this  Article,  at  a total  pher,  etc. 
cost  not  exceeding  the  aggregate  amount  therefor  fixed  by 
. the  annual  ordinance  of  estimates,  a clerk,  stenographer 
and  typewriter,  and  such  other  assistants  of  every  kind  as 
he  may  require,  who  shall  at  all  times  be  subject  to  his 
orders.  The  said  clerk  shall,  subject  to  the  direction  of  the 
City  Solicitor,  have  charge  and  custody  of  the  office  ^^d 
papers  of  the  Law  Department,  which  shall  be  arranged 
and  indexed  by  him  in  such  convenient  and  orderly  man- 
ner as  to  be  at  all  times  readily  accessible.  He  shall  also 
keep  in  said  office  a complete  docket  and  duplicate  pleadings 
of  all  suits,  actions,  or  proceedings  in  which  the  City,  or  any 


136 


DEPARTMENT  OF  PUBEIC  SAFETY.' 


department  or  official  thereof,  is  interested,  pending  in  any 
Court  or  tribunal,  upon  which  docket  such  appropriate 
entries  shall  be  made  as  to  show  at  all  times  the  condition 
of  each  one  of  such  cases.  He  shall  also  keep  and  record 
in  a book  to  be  provided  for  that  purpose  the  original  or 
duplicate  copies  of  all  written  opinions  furnished  by  the 
Law  Department  to  the  City,  or  to  any  department  or 
official  thereof,  and  also  of  all  abstracts  of  title  furnished 
to  the  City  by  the  Law  Department.  He  shall  also  procure 
Eegai  opinions  far  as  possible  all  legal  opinions  and  abstracts  of  title 
of  tifiefo  which  havc  heretofore  been  furnished  to  the  City,  or  any 
department  or  official  thereof,  and  shall  file  and  arrange 
such  opinions  and  abstracts  in  such  manner  and  order  as 
to  be  at  all  times  readily  accessible,  and  shall  make  and 
preserve  an  index  thereof.  He  shall  also  procure  all  law 
books  heretofore  purchased  by  the  City  and  in  possession 
of  any  law  officer  or  ex-law  officer  of  the  City,  and  arrange 
them  in  a proper  bookcase.  * 


66.  The  City  Solicitor  shall  have  authority,  with  the 
S^JsSkitor  written  approval  of  the  Mayor,  to  institute  on  behalf  of 
suits  on  be-  the  Mayor  and  City  Council  of  Baltimore,  any  suit,  action 
half  of  City.  proceeding  in  any  court  or  tribunal,  local.  State  or 
Federal.  All  appeals  on  behalf  of  the  City  to  the  Court  of 
Appeals,  the  Supreme  Court  of  the  United  States,  the 
United  States  Circuit  Court  of  Appeals  or  to  any  other 
Court  shall  be  taken  upon  the  written  order  of  the  City 
Solicitor,  approved  by  the  Mayor. 

M.  & C.  C.  of  Baltimore  v.  Turnpike  Co.,  80  Md.  536. 


67.  The  City  Solicitor  and  his  Assistants  shall  be 

ravelling  Ex-  ^ t i 

penses.  allowed  reasonable  traveling  expenses  outside  of  the  City, 
to  be  audited  by  the  Comptroller,  when  on  business  con- 
nected with  the  Law  Department. 


DEPARTMENT  OF  PUBLIC  SAFETY. 

68.  There  shall  be  a Department  of  Public  Safety  of 
the  Mayor  and  City  Council  of  Baltimore,  which  shall  con- 
consist  of  the  Board  of  Fire  Commissioners,  Commissioner 

*NoTE.— Sec.  2 of  Act  1904,  cli.  112. 


BOARD  OF  FIRE  COMMISSIONERS. 


137 


of  Health,  Inspector  of  Buildings  and  Commissioner  of 
Street  Cleaning,  and  ex  officio  the  President  of  the  Board 
of  Police  Commissioners.  The  head  of  said  department 
shall  consist  of  a Board  of  Public  Safety,  composed  of  the 
President  of  the  Board  of  Fire  Commissioners,  who  shall 
be  President  of  said  Board,  Commissioner  of  Health, 

Inspector  of  Buildings,  Commissioner  of  Street  Cleaning, 
and  the  President  of  the  Board  of  Police  Commissioners. 

This  Board  shall  be  for  consultation  and  advice,  and 
shall  have  no  power  to  direct  or  control  the  duties  or  the 
work  of  any  sub-department.  It  shall  perform  such  other 
duties  as  may  be  required  of  it  by  ordinances  not  incon- 
sistent with  this  Article. 

BOARD  OF  FIRE  COMMISSIONERS. 

69.  The  Board  of  Fire  Commissioners  shall  be  the  head 
of  the  first  sub-department  of  Public  Safety,  and  shall 
consist  of  a Board  of  three  persons  appointed  by  the 
Mayor  in  the  manner  prescribed  in  section  25  of  this  Appointment. 
Article,  and  hold  their  offices  as  therein  provided,  and 
they  shall  have  control,  regulation  and  supervision  of  the 
Fire  Department  and  matters  relating  to  the  same,  and 
shall  perform  such  other  duties  as  may  be  required  by 
ordinances  not  inconsistent  with  this  Article.  One  of  said 
three  persons  shall  be  designated  by  the  Mayor  as  the 
President  of  said  Board.  Each  member  of  said  Board  shall 
be  paid  a salary  of  one  thousand  dollars  per  annum,  paya- 
ble monthly.  They  shall  have  power  to  appoint  all  subor- 
dinates in  their  sub-department,  and  fix  their  compensation, 
not,  however,  to  exceed  in  number  of  employees  or  salaries  and 
aggregate  amount  of  compensation  the  limits  fixed  by 
ordinance. 


1884,  ch.  312.  1886,  ch.  463.  1888,  ch.  393.  P.  h.  h.,  (1888)  Art.  4, 

Secs.  315  and  315A. 

70.  The  Board  of  Fire  Commissioners  of  the  City  of  May  retire  dis- 
Baltimore  may  retire  from  office  in  the  Fire  Department  berl ofpi?e 
any  permanent  or  call  member  thereof  who  has  become 
permanently  disabled  while  in  the  actual  performance  of 


138 


COMMISSIONER  OF  HEALTH. 


Pensions  for 
widows  and 
children. 


Appointment; 
his  duties 
and  powers. 


Salary. 


May  appoint 
subordinates 
and  fix  their 
compensa- 
tion. 


duty,  or  who  has  performed  faithful  service  in  the  depart- 
ment for  a period  of  not  less  than  twenty  consecutive 
years,  or  who  may  become  unable  to  perform  further  service 
by  reason  of  age  or  other  physical  or  mental  disabilities,  and 
place  the  member  so  retired  upon  a pension  roll.  And  said 
Board  may  also  provide  for  the  relief  of  the  widows  and 
children  of  firemen  who  may  be  killed  in  the  discharge  of 
duty.  The  amount  of  such  annual  pension  to  be  allowed  by 
said  Board  of  Fire  Commissioners  to  each  pensioner  shall  be 
equal  to  one-half  the  yearly  amount  then  being  received  by 
him,  for  service  in  said  department  at  the  time  of  such 
retirement,  per  annum,  payable  in  monthly  installments. 


COMMISSIONER  OF  HEALTH.* 

71.  The  Commissioner  of  Health  shall  be  the  head  of 
the  second  sub-department  of  Public  Safety.  He  shall  be 
appointed  by  the  Mayor,  in  the  mode  prescribed  in  section 
25  of  this  Article,  and  hold  his  office  as  therein  provided. 
It  shall  be  his  duty  to  cause  all  ordinances  now  in  exist- 
ence or  which  may  hereafter  be  enacted  for  the  preserva- 
tion of  the  health  of  the  City  of  Baltimore,  not  inconsistent 
with  this  Article,  to  be  faithfully  executed  and  strictly 
observed ; and  all  power  and  authority  now  lodged  in  the 
Board  of  Health  in  said  City  shall  be  and  the  same  is 
hereby  transferred  to  the  Commissioner  of  Health.  His 
salary  shall  be  three  thousand  five  hundred  dollars  per 
annum,  payable  monthly,  and  he  shall  be  a physician  of 
five  years’  experience  and  active  practice  at  the  time  of 
his  appointment.  He  shall  perform  such  duties  in  this 
department  as  are  now  required  or  may  hereafter  be 
prescribed  by  ordinance  not  inconsistent  with  this  Article. 
The  Commissioner  of  Health  may  appoint  two  Assistant 
Commissioners  of  Health,  a Medical  Examiner  and  an 
Assistant  Medical  Examiner,  and  a reasonable  number  of 
clerks  and  subordinates,  and  fix  their  compensation,  but 
no  greater  number  of  persons  shall  be  appointed  by  or 
employed  under  said  Commissioner  of  Health  than  the 

*NoTE. — For  origin  of  provisions  of  Charter  under  this  title  see  City 
Code  (1892)  Art.  23. 


COMMISSIONER  OF  HEARTH. 


139 


public  interests  demand  and  the  appropriation  by  the 
Mayor  and  City  Council  of  Baltimore  shall  justify. 

72.  There  may  be  appointed  by  the  Commissioner  c>f 
Health,  a reasonable  number  of  Sanitary  Inspectors  for  spectors. 
said  City,  not  exceeding  fifteen,  of  whom  two  may  be 
physicians,  and  one,  at  least,  shall  be  a person  skilled  in 
the  matters  of  drainage  and  ventilation  ; and  the  Commis- 
sioner of  Health  from  time  to  time  may  prescribe  the 
duties  of  each,  consistent  with  the  ordinances  now  existing 
or  hereafter  enacted,  and  not  inconsistent  with  this 
Article. 


1894,  ch.  53. 

73.  The  Commissioner  of  Health  shall  appoint  all  in- 
spectors and  analysts  of  bakeries,  bake  shops,  candy  fac-  ^speSSrsV^d 
tories,  confectioners  or  other  places  for  the  manufacture  bakeUel°Lc. 
of  bread,  cakes,  confectionery  and  similar  food  products, 

for  the  purpose  more  especially  of  ascertaining  their  sani- 
tary condition  and  cleanliness,  and  for  the  purpose  of  as- 
certaining the  purity,  healthfulness  and  wholesomeness  of 
the  flour,  sugar,  butter,  lard  or  other  ingredients  used  in 
making  such  bread,  cakes,  confectionery  and  other  articles 
of  food  offered  for  sale  in  the  City  of  Baltimore,  or  intend- 
ed for  consumption  therein,  as  by  ordinance  may  be  pre- 
scribed. 

Deems  v.  M.  & C.  C.  of  Baltimore,  80  Md.  170. 

1894,  ch.  53. 

74.  The  Commissioner  of  Health  shall  appoint  all  in-  To  appoint 
spectors  and  analysts  for  the  proper  inspection  of  milk  or  tSk. 
any  and  all  other  food  products  offered  for  sale  in  the  City 

of  Baltimore,  or  intended  for  consumption  therein,  as  by 
ordinance  may  be  prescribed. 

Deems  v.  M.  & C.  C.  of  Baltimore,  80  Md.  170. 

75.  One  of  the  Assistant  Commissioners  of  Health,  who 
shall  be  a legally  authorized  practicing  physician  in  good 
standing,  shall  be  assigned  to  the  performance  of  the  duties  ^pfispUM® 
of  Quarantine  Hospital  Physician.  He  shall  reside  perma-  ?Sen?e.’ 
nently  on  the  grounds  attached  to  the  hospital  on  the 


140 


COMMISSIONER  OF  HKAETH. 


southern  shore  of  the  Patapsco  River,  and  known  as  the 
Quarantine  Hospital  of  the  port  of  Baltimore,  and  shall 
superintend  all  the  affairs  of  the  hospital  and  the  adjacent 
grounds,  under  the  direction  of  the  Commissioner  of 
regard^  Health.  Whatever  powers  have  been  heretofore  granted 
Mayor  and  City  Council  of  Baltimore,  in  regard  to 
quarantine  regulations,  to  the  Board  of  Health,  are  hereby 
transferred  to  the  Commissioner  of  Health,  subject  to  al- 
teration, amendment  or  repeal  by  ordinances  not  inconsis- 
tent with  this  Article. 

Salary  of  Quar-  In  consMeration  of  the  duties  to  be  performed  by 

Assistant  Commissioners  of  Health  as  Quaran- 
tine  Hospital  Physician,  said  officer  shall  hereafter  receive, 
in  lieu  of  all  commissions  and  fees,  a salary  of  three  thous- 
and dollars  per  annum,  payable  monthly,  and  he  may  occu- 
py the  dwelling  on  the  hospital  grounds  free  of  charge,  but 
all  expenses  incurred  for  his  support,  or  that  of  his  family, 
shall  be  defrayed  out  of  his  salary.  The  other  Assistant 
Commissioner  of  Health  shall  be  allowed  a salary  of  two 
thousand  dollars  per  annum,  payable  monthly. 


. 1898,  ch.  123.  1900,  ch.  109. 

77.  The  Commissioner  of  Health  shall  annually  appoint 
Appointment  u Vaccino  Physician  for  every  ward  of  the  City  of  Balti- 
vacchiTphy- niore,  who  shall  be  a resident  of  the  ward  for  which  he 
sician.  appointed,  who  shall  vaccinate  in  his  ward  all  such 

persons  as  may  be  designated  by  the  Commissioner  or  As- 
sistant Commissioner  of  Health  as  susceptible  to  small-pox 
contagion,  and  whose  duty  it  shall  be  to  visit  each  dwelling 
house  in  the  ward  for  which  he  is  appointed  and  vaccinate 
every  person  who  may  be  presented  to  him  for  that  purpose, 
and  to  be  prepared  at  his  office  at  such  hours  as  may  be  des- 
ignated by  the  Commissioner  of  Health  to  vaccinate  all  who 
may  there  call  on  him  that  are  residents  of  said  ward  requir- 
To  keep  record  ing  vacci nation.  He  shall  keep  a record  of  the  names,  ages 
?a4[^adons.  and  residences  of  all  whom  he  shall  vaccinate  or  re- vacci- 
nate, and  report  the  same  monthly  under  oath  or  affirma- 
tion to  the  Commissioner  of  Health,  and  shall  also  report 
to  said  Commissioner  of  Health  monthly  the  names  of  all 


INSPECTOR  OF  BUILDINGS 


141 


persons  who  shall  refuse  to  suffer  themselves  or  the  mem- 
bers of  their  household  to  be  vaccinated  when  the  same  shall 
be  necessary.  He  shall  discharge  all  other  duties  which 
may  be  required  of  him  as  such  Vaccine  Physician  by  or- 
dinances  not  inconsistent  with  this  Article,  and  shall  also 
discharge  the  duties  of  Sanitary  Inspector  for  his  ward. 

Each  Vaccine  Physician  shall  be  paid  a salary  of  not  more 
than  nine  hundred  dollars  ($900)  per  annum,  to  be  fixed 
by  the  Health  Commissioner,  payable  monthly. 

78.  Each  of  the  said  Vaccine  Physicians  shall  act  as  vaccine  physi- 
health  warden  of  his  respective  wards,  and  shall  sign,  afhlauh''^ 
without  charge,  all  certificates  that  may  be  required  of  him 

to  enable  children  from  the  respective  vaccine  districts  to 
enter  any  of  the  public  schools  of  Baltimore  ; and  he  shall 
have  a general  supervision  of  the  health  of  his  respective 
wards,  and  report  to  the  Commissioner  of  Health  any 
nuisance  which  in  his  opinion  is  or  may  become  a source 
of  disease,  and  in  case  of  the  manifestation  of  any  con- 
tagious disease,  he  shall  at  once,  under  the  direction  of  the 
Commissioner  of  Health,  proceed  to  use  such  means  as  the 
nature  of  the  case  may  demand,  to  arrest  its  progress. 

INSPECTOR  OF  BUILDINGS. 

79.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
third  sub-department  of  Public  Safety.  He  shall  be  an 
architect  or  builder  of  ten  years’  experience  in  the  active 
practice  of  his  profession  and  have  had  responsible  charge 
of  work  for  at  least  that  length  of  time.  He  shall  be  ap- 
pointed by  the  Mayor  in  the  mode  prescribed  in  section  25 
of  this  Article,  and  hold  his  office  as  therein  provided,  and 
under  this  department  he  shall  have  the  supervision  of  the 
construction  of  all  buildings  erected  in  the  said  City,  and 
shall  see  that  the  building  laws  relating  to  the  construe- 
tion  of  said  buildings  shall  be  complied  with,  and  he  shall 
perform  such  other  duties  as  may  be  prescribed  by  ordi- 
nances not  inconsistent  with  this  Article.  He  shall  be  paid 
a salary  of  three  thousand  dollars  per  annum,  payable 
monthly. 


142 


INSPECTOR  OP  BUILDINGS. 


Duties  in  rela- 
tion to  Fire 
Fxits. 


1882,  ch.  74.  P.  L.  L.,  (1888)  Art.  4,  Sec.  129. 

80.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
visit  and  inspect  all  theatres,  hotels,  public  halls,  churches, 
school-houses  and  buildings  used  for  public  assemblages, 
and  all  manufactories  employing  twenty-five  or  more  per- 
sons, now  erected  or  that  may  hereafter  be  erected  in  the 
City  of  Baltimore  for  the  purpose  of  ascertaining  if  said 
buildings  have  the  proper  means  of  exit  in  case  of  fire  or 
panic  ; and  if,  on  examination,  the  said  Inspector  of  Build- 
ings, shall  determine  that  said  buildings,  as  herein  enumer- 
ated, have  not  the  proper  means  of  exit  for  the  purposes 
herein  prescribed,  then  it  shall  be  the  duty  of  the  said  In- 
spector of  Buildings  to  notify  in  writing,  the  owners,  trus- 
tees or  lessees  of  said  buildings  that  the  proper  means  of 
exit  do  not  exist,  and  direct  the  said  owners,  trustees  or 
lessees  of  said  buildings,  as  herein  enumerated,  to  so  im- 
prove the  same  as  to  provide  the  proper  means  of  exit,  in 
case  of  fire  or  panic,  as  in  the  judgment  of  the  said  Inspec- 
tor of  Buildings  he  may  deem  proper  and  necessary. 


Persons  not 
complying 
with  law  to 


1882,  ch.  74.  P.  L.  L.,  (1888)  Art.  4,  Sec.  130. 

81.  If  any  person  having  been  notified,  as  provided  in  the 
preceding  section,  shall  fail  to  comply  with  said  notice,  he 
be  penalized,  shall,  after  the  expiration  of  thirty  days  from  the  date  of 
said  notice,  forfeit  and  pay  a fine  of  one  hundred  dollars 
for  non-compliance  therewith,  and  twenty-five  dollars  per 
day  for  each  and  every  day  thereafter  that  he  shall  refuse 
to  make  such  improvements  as  prescribed  in  the  notice  so 
given,  as  provided  in  the  preceding  section ; said  fines  to 
be  collected  as  other  fines  are  collected  by  law. 


To  enforce  exe- 
cution of 
building 
laws. 


82.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
enforce  the  execution  of  all  existing  or  hereafter  enacted 
building  regulations  and  ordinances  relating  to  the  construc- 
tion, alteration  and  removal  of  buildings,  or  other  structures, 
walls  or  parts  of  buildings  or  other  structures.  The  Inspec- 
tor of  Buildings  shall  have  power  to  appoint  such  assistants 
and  subordinates,  clerks  and  employees  as  are  or  may  here- 
after be  prescribed  by  ordinance,  and  fix  their  compensa- 


DEPARTMENT  OF  PUBEIC  IMPROVEMENTS. 


143 


tion,  not  to  exceed  in  the  aggregate  the  amount  allowed  by 
ordinance. 

COMMISSIONER  OF  STREET  CLEANING. 

83.  The  Commissioner  of  Street  Cleaning  shall  be  the 
head  of  the  fourth  sub-department  of  Public  Safety.  He 
shall  be  appointed  by  the  Mayor  in  the  mode  prescribed  in 
section  25  of  this  Article,  and  hold  his  office  as  therein  pro- 
vided. He  shall  be  charged  with  the  duty  of  cleaning 
the  streets,  as  well  as  the  cleaning  of  the  sewers,  subject 
as  to  the  latter  to  the  direction  and  orders  of  the  City  Engi- 
neer ; and  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  this  Article.  He 

shall  be  paid  a salary  of  two  thousand  five  hundred  dollars  to  appoint  sub- 
per  annum,  payable  monthly.  The  Commissioner  may  ap-  and’fi^their 
point  such  subordinates  as  his  department  shall  require,  and 
fix  their  compensation,  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  ordinance. 

DEPARTMENT  OF  PUBLIC  IMPROVEMENTS. 

84.  There  shall  be  a Department  of  Public  Improve- 
ments of  the  Mayor  and  City  Council  of  Baltimore,  which 
shall  consist  of  the  City  Engineer,  Water  Board,  Harbor 
Board  and  Inspector  of  Buildings.  The  head  of  said  de- 
partment shall  be  a Board  of  Public  Improvements,  com- 
posed of  the  City  Engineer,  who  shall  be  President  of  said 
Board,  the  President  of  the  Water  Board,  the  President  of 
the  Harbor  Board, and  the  Inspector  of  Buildings.  This 
Board  shall  be  for  consultation  and  advice,  it  shall  have  no 

power  to  direct  or  control  the  duties  or  the  work  of  any  sub-  ^^Jower^du-"^ 
department  under  this  department.  It  shall  perform  such 
other  duties  as  may  be  required  of  it  by  ordinances  not  in- 
consistent with  this  Article.  Until  the  organization  of  said 
Board  of  Public  Improvements  by  the  Mayor  first  elected 
under  the  provisions  of  this  Article,  as  provided  in  Section  25 
of  said  Article,  the  City  Commissioner,  Engineer  of  the 
Water  Board,  Engineer  of  the  Harbor  Board  and  Inspector 
of  Buildings,  shall  compose  a Board  to  perform  all  the  duties 
required  of  the  said  Board  of  Public  Improvements  by  the 
provisions  of  this  Article. 


144 


CITY  ENGINEER. 


Board  to  give  When  any  ordinance  for  a public  improvement,  not 

writfiig'o^  an  the  ordinance  of  estimates  furnished  by  the 

fOTpuwfc im-  Board  of  Estimates  under  the  provisions  of  this  Article, 
where^os?  exceeding  in  cost  the  sum  of  two  thousand  dollars  has 
exceeds  $2000.  j^g  reading  in  the  Branch  of  the  City  Council 

in  which  it  originates,  it  shall  be  referred  to  the  Board  of 
Public  Improvements  for  an  opinion,  in  writing,  as  to  its 
advisability  and  whether  the  wants  of  the  City  actually 
require  such  an  improvement,  and  by  the  last-named 
Board  with  such  opinion  attached  to  said  ordinance  it  shall 
be  sent  to  the  Board  of  Estimates  for  its  opinion,  in  writing, 
as  to  the  probable  cost  of  the  same  and  whether  the 
financial  condition  of  the  City  will  justify  such  an  expendi- 
ture. No  further  action  with  regard  to  said  ordinance 
shall  be  taken  by  the  City  Council  until  such  reports  have 
been  made  and  submitted  to  both  Branches  of  the  City 
Council  and  read  and  entered  on  the  respective  journals  of 
said  Branches.  It  shall  be  the  duty  of  both  of  the  said 
Boards  to  promptly  make  the  said  reports  and  the  Boards 
of  Estimates  shall  return  the  same  attached  to  said 
ordinance  to  the  City  Council. 

Baltimore  City  v.  Gorter,  93  Md.  13, 

CITY  ENGINEER. 

1906,  ch.  459. 

Appointment;  86.  The  City  Engineer,  who  shall  be  the  head  of  the 
ficrtions;“fli- first  sub-department  of  Public  Improvements,  shall  be 
powl?s.  appointed  by  the  Mayor  in  the  mode  prescribed  in  section 
25  of  this  Article,  and  hold  his  office  as  therein  provided. 
He  shall  have  control  and  supervision  of  the  streets,  high- 
ways, lanes  and  alleys  of  the  City  of  Baltimore,  both  as  to 
their  construction,  paving  and  curbing.  He  shall  construct 
all  sewers,  unless  otherwise  provided  by  ordinance.  He 
shall  be  a civil  engineer  in  the  active  practice  of  his  pro- 
fession for  five  years,  and  one  who  has  had  responsible 
charge  of  work  for  at  least  that  length  of  time.  He  shall  per- 
form all  the  duties  heretofore  performed  by  the  City  Com- 
missioner unless  otherwise  provided  in  this  Article.  He  shall 
receive  a salary  of  forty-five  hundred  dollars  per  annum. 


PROTECTION  OF  IMPROVED  PAVEMENTS. 


145 


payable  monthly,  and  perform  such  other  duties  as  may  be 
prescribed  by  ordinances  not  inconsistent  with  this  Article. 

He  shall  have  power  to  appoint  such  subordinates  as  he 
may  require,  and  fix  their  compensation,  not,  however,  to 
exceed  in  number  or  compensation  the  limits  fixed  by 
ordinance ; provided,  however,  that  nothing  in  this  Act  con- 
tained shall  be  constructed  to  in  anywise  impair  or  modify 
the  powers  conferred  upon  the  Sewerage  Commission 
created  under  the  provisions  of  Chapter  349  of  the  Acts 
of  1904. 

1904,  ch.  294. 

86A.  Whenever,  because  of  sickness,  temporary 
:absence  from  the  City  or  other  disability,  or  under  the  Injfnler^in^ 
stress  of  conflicting  engagements  or  other  reasonable  Jesso?ab-^^' 
necessity,  the  City  Engineer  shall  be  unable  to  discharge  pow- 

any  duties  or  exercise  any  power  imposed  or  conferred 
upon  him  in  person  in  his  primary  capacity  as  City  En- 
gineer, by  law  or  ordinance,  he  shall  be  and  is  hereby 
authorized  to  delegate  in  writing,  subject  to  the  approval 
of  the  Mayor,  the  discharge  of  such  duty  or  the  exercise 
of  such  power  to  such  one  or  more  of  his  chief  subordi- 
nates as  he  may  select. 

Protection  of  Improved  Pavements. 

1906,  ch.  798. 

86B.  Whenever  any  of  the  streets,  lanes  or  alleys  of  Notice  to  be 
the  City  of  Baltimore  are  to  be  paved  or  repaved  with  any  fmp?oved^“ 
new  or  improved  pavements,  the  City  Engineer  before  SretJbeSid. 
said  paving  or  repaving  is  proceeded  with  shall  cause  a 
notice  to  be  inserted  in  two  daily  newspapers  published  in 
the  City  of  Baltimore,  once  a week  for  four  successive 
weeks,  notifying  all  persons  and  corporations  that  upon 
the  expiration  of  a day  to  be  named  in  said  notice,  said  day 
not  to  be  less  than  six  weeks  from  the  date  of  the  first 
insertion  of  said  notice,  he  will  proceed  with  said  paving 
or  repaving  and  warning  said  persons  and  corporations  to 
obtain  permits  for  and  to  complete  all  work  that  might 
in  any  way  necessitate  the  digging  or  tearing  up  of  the 
.said  street,  lane  or  alley,  or  any  part  thereof  when  so  paved 


146 


WATER  BOARD. 


or  repaved,  before  said  day,  and  written  or  printed  notices 
of  like  tenor  and  effect  shall  likewise  at  least  four  weeks 
before  the  expiration  of  said  day,  be  served  by  the  City 
Engineer,  or  on  his  behalf,  upon  all  persons  or  corporations 
that  he  may  supposed  to  be  interested  in  receiving  such 
notices ; provided,  however,  that  the  service  of  such  last 
Proviso.  mentioned  notices  shall  not  be  so  construed  as  to  be  one 
of  the  prerequisites  to  the  validity  of  the  proceedings  by 
the  City  under  this  and  the  succeeding  section  of  this 
Article. 

1906,  ch.  798. 

86C.  The  said  pavement  or  repavement  when  there- 
^ m^ntrnot  to  after  laid  shall  in  no  event  be  dug  or  torn  up  in  whole  or 
in  part  at  the  instance  of  or  by  any  person  or  corporation, 
vfS  unless  in  the  cause  of  some  special  emergency  that  could 
not  under  the  circumstances  be  reasonably  expected  to 
have  been  foreseen  by  said  person  or  corporation,  except 
upon  a permit  obtained  therefor,  signed  and  issued  by  the 
Mayor  and  City  Engineer,  jointly,  which  said  permit  said 
Mayor  and  City  Engineer  are  expressly  empowered  in  their 
absolute  discretion  to  issue  or  withhold  as  the  circum- 
stances may  appear  to  them  to  warrant.  In  case  the  said 
Mayor  and  City  Engineer  determine  to  issue  said  permit, 
they  may  attach  such  conditions  and  terms  thereto  as  they 
may  deem  right  and  proper. 


WATER  BOARD. 

To  have  charge  87.  The  Water  Board  shall  be  the  head  of  the  second 
of  water  sup- gub_department  of  Public  Improvements,  and  shall  have 
charge  of  the  water  supply  to  the  inhabitants  of  the  City 
of  Baltimore,  and  shall  consist  of  five  persons  appointed  by 
the  Mayor  in  the  manner  prescribed  in  section  25  of  this 
Article,  and  hold  their  offices  as  therein  provided.  One  of 
said  five  persons,  who  shall  be  the  President  of  said  Board 
and  known  as  the  Water  Engineer,  and  so  named  by  the 
Mayor,  shall  be  civil  engineer  in  the  active  practice  of  his 
profession  for  five  years,  and  who  has  had  responsible 
charge  of  work  for  at  least  that  period  of  time.  The 
Water  Engineer  shall  receive  a salary  of  four  thousand 


HARBOR  BOARD. 


147 


dollars  per  annum,  payable  monthly,  and  the  other  mem- 
bers of  said  Board  shall  serve  without  pay.  All  subordi- 
nates employed  in  said  sub-department  shall  be  appointed 
by  the  Water  Engineer,  subject  to  the  approval  of  said  "ub^depan-^ 
Board  ; he  shall  fix  their  compensation  not  to  exceed  in  the  S water^'^^ 
aggregate  the  amount  appropriated  by  ordinance.  The 
Water  Engineer  and  Water  Board  shall  perform  such  other 
duties  as  are  now  or  may  hereafter  be  prescribed  by  ordi- 
nances not  inconsistent  with  this  Article. 

1904,  ch.  364. 

87A.  The  Water  Board  shall  have  such  power  and  Water  rates; 
authority  with  reference  to  the  assessing  and  establishing  wlte^Xard. 
of  rates  either  by  meter,  fixed  charge  or  otherwise,  for 
the  supply  and  use  of  water  for  any  purpose  and  at  any 
point  in  Baltimore  City  and  County,  as  may  be  delegated 
by  said  Board  by  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore ; payments  of  said  rates  to  be  enforced  as 
now  provided  by  law  ; and  the  said  Water  Board  shall  also 
have  such  power  and  authority  with  reference  to  the  abate- 
ment of  water  rates  as  may  be  delegated  to  them  by  ordi- 
nance of  the  Mayor  and  City  Council  of  Baltimore. 

HARBOR  BOARD. 

88.  The  Harbor  Board  shall  be  the  head  of  the  third  have  charge 
sub-department  of  Public  Improvements,  which  shall  have  whar^S!^’ 
charge  of  the  harbor,  wharves  and  navigable  waters  in 
and  adjacent  to  the  City  of  Baltimore.  It  shall  consist  of 
five  persons  appointed  by  the  Mayor  in  the  manner  pre- 
scribed in  section  25  of  this  Article,  who  shall  hold  their 
offices  as  therein  provided.  One  of  said  five  persons,  who  president  to  be 
shall  be  the  President  of  said  Board  and  known  as  the  HaXorE^gi- 
Harbor  Engineer,  and  so  named  by  the  Mayor,  shall  be  a 
civil  engineer  in  the  active  practice  of  his  profession  for 
five  years,  and  who  has  had  responsible  charge  of  work 
for  at  least  that  period  of  time.  The  Harbor  Engineer 
shall  receive  a salary  of  four  thousand  dollars  per  annum, 
payable  monthly,  and  the  other  members  of  said  Board 
shall  serve  without  pay.  All  subordinates  employed  in 


148 


INSPECTOR  OF  BUIEDINGS. 


said  sub-department  shall  be  appointed  by  the  Harbor 
Engineer,  subject  to  the  approval  of  said  Board,  who 
^pof^t^L^bor-  shall  fix  their  compensation,  not  to  exceed  in  the  aggre- 
6 f he  amount  appropriated  by  ordinance.  The  Harbor 
etc°^dutfe^ ’ Engineer  and  Harbor  Board  shall  perform  such  other  duties 
and  may  hereafter  be  prescribed  by  ordinances  not  incon- 

sistent with  this  Article. 

INSPECTOR  OF  BUILDINGS. 

Further  duties:  The  Inspector  of  Buildings  shall  be  the  head  of  the 

tend^con”'  fourth  sub-department  of  Public  Improvements,  and  shall 
munfcSlf^  he  the  same  officer  whose  appointment  is  provided  for 
buildings,  herein  in  the  Department  of  Public  Safety.  The  duties  he 
shall  perform  in  this  department  and  sub-department  shall 
be  the  superintendence  of  the  construction  and  repairing 
of  all  buildings  built  by  the  City,  unless  otherwise  provided 
by  ordinances.  He  shall  receive  no  additional  pay  for  his 
services  rendered  in  this  department.  He  shall  perform 
such  other  duties  in  this  department  as  may  be  required 
of  him  by  ordinances  not  inconsistent  with  this  Article. 

DEPARTMENT  OF  PUBLiC  PARKS  AND  SQUARES. 

1906,  ch.  416. 

Board  of  Park  90.  There  shall  be  a Department  of  Public  Parks  and 
?rs“?b?i°s”'  Squares  of  the  Mayor  and  City  Council  of  Baltimore,  the 
Sofntment:  head  of  said  department  shall  consist  of  a Board  of  Park 
seSta?y%is  Commissioners  composed  of  five  members  to  serve  without 
pay,  appointed  by  the  Mayor  in  the  manner  prescribed  in 
section  25  of  this  Article,  one  of  whom  shall  be  the  Presi- 
dent thereof,  and  shall  be  so  designated  by  the  Mayor. 
Their  term  of  office  shall  be  five  years,  one  of  them  to  retire 
at  the  end  of  every  year  at  which  time  his  successor  shall 
be  appointed.  The  present  Board  shall  determine  by  lots 
their  terms  of  office  so  as  to  provide  for  the  retirement  of 
one  of  its  members  on  the  first  Monday  in  October  in  the 
year  1906,  and  one  at  the  end  of  each  year  thereafter  suc- 
ceeding ; provided,  however,  that  none  of  the  present 
Board  shall  serve  for  a longer  term  than  five  years,  unless 
reappointed;  said  Board  shall  elect  a secretary,  who  shall 


DEPARTMENT  OF  PUBLIC  PARKS  AND  SQUARES. 


149 


be  paid  a salary  of  one  thousand  five  hundred  dollars 
($1,500)  per  annum,  payable  monthly,  and  he  shall  be  the 
clerk  of  said  Board,  and  shall  perform  such  duties  as  may  ^ 
be  prescribed  by  said  Board.  The  said  Board  shall  perform 
such  other  duties  as  may  be  prescribed  by  ordinances  not 
inconsistent  with  this  Article. 

1906,  ch.  416. 

91.  The  Board  of  Park  Commissioners  shall  have 
charge  and  control  of  all  public  parks,  squares,  boulevards 
leading  to  parks,  springs  and  monuments  belonging  to  and 
controlled  by  or  in  the  custody  of  the  Mayor  and  City 
Council  of  Baltimore  ; and  it  shall  have  power  and  author- 
ity to  rent  or  lease  property,  which  it  may  acquire  on 
behalf  of  the  City,  whether  by  purchase,  condemnation  or 
otherwise,  at  such  reasonable  rentals,  and  for  such  terms 
as  to  the  said  Board  may  seem  proper. 

1862,  ch.  29.  P.  L.  p.,  (1888)  Art.  4,  Sec.  706. 

92.  The  Board  of  Park  Commissioners  shall  have  power 

from  time  to  time  to  make  such  rules  and  regulations  for^Za5.°^ 
the  government  and  preservation  of  order  within  the 
parks,  squares,  springs  and  monuments  belonging  to,  con- 
trolled by,  or  in  the  custody  of  the  Mayor  and  City  Council 
of  Baltimore,  as  it  may  deem  expedient.  To  carry  out 
such  regulations,  fines  not  exceeding  in  any  one  case  one 
hundred  dollars  shall  be  imposed  for  breaches  of  said  rules 
and  regulations,  which  fines  shall  be  recoverable  as  other 
hnes  are  in  the  name  of  the  City,  and  said  amounts  so 
recovered  shall  be  used  and  appropriated  to  the  purposes 
ot  the  Board  of  Park  Commissioners. 


1876,  ch.  40.  P.  L.  L.,  (1888)  Art.  4,  Sec.  707.  1902,  ch.  92. 

1906,  ch.  416. 

93.  The  Board  of  Park  Commissioners  is  authorized 
and  empowered  to  regulate  the  speed  of  vehicles  and 
equestrians  within  one  mile  of  the  approach  and  within  ‘o7vf ' 

fines  nr^vidf/r^ 

nes  provided  for  in  the  preceding  section  for  the  violation 
0 any  regulations  it  may  establish  in  this  connection,  to  be 


150 


DEPARTMENT  OF  PUBLIC  PARKS  AND  SQUARES. 


recovered  as  therein  provided  ; but  the  said  Board  of  Park 
Commissioners  shall  have  no  authority  to  pass  any  rule  or 
regulation  excluding  private  automobiles  from  the  free  use 
of  the  park  squares  and  roadways  under  its  control,  nor 
shall  the  said  Board  of  Park  Commissioners  have  authority 
to  pass  any  rule  or  regulation  requiring  vehicles,  eques- 
trians or  automobiles  to  travel  at  a slower  rate  of  speed 
than  six  miles  per  hour.  The  said  Board  shall  also  have 
power  and  authority  to  admit  into  the  parks,  squares  and 
boulevards  under  its  control,  public  conveyances,  whether 
automobiles,  wagons,  or  any  other  kind  of  vehicles,  upon 
such  terms  and  conditions  as  to  charges  and  otherwise,  as 
to  the  said  Board  may  seem  proper. 


1862,  ch.  29.  P.  L.  L.,  (1888)  Art.  4,  Sec.  708. 

Board  conser-  04.  The  several  members  of  the  said  Board  of  Park 

valors  oi 

peace  in  Commissionors  shall  have  the  power  of  conservators  of  the 

parks  and  . , , . . 

squares.  peace  Within  the  limits  of  said  parks  and  squares. 

1862,  ch.  29.  P.  L.  L.,  (1888)  Art.  4,  Sec.  709. 

^ ^ 95.  The  Board  of  Police  Commissioners  of  Baltimore 

Board  of  Police 

Commission-  Qjty  is  directed  at  the  request  of  the  Board  of  Park  Com- 
‘  iS“on^e°’  i^issioners  to  detail  from  time  to  time  such  of  the  regular 
quest  of  police  force  of  said  City  as  the  said  Board  of  Park  Commis- 
Commission-  siouors  may  deem  necessary  for  the  preservation  of  order  ; 

within  said  parks  and  squares,  according  to  the  regulations  ; 
aforesaid,  which  policemen  shall  be  under  the  direction  of  j 
said  Board  of  Park  Commissioners,  and  shall  have  the 
same  power  in  said  parks  and  squares  that  the  Police  of 
the  City  of  Baltimore  have  as  conservators  of  the  peace  in 
Baltimore  City  or  elsewhere. 

Upshur  V.  Baltimore  City,  94  Md.  743. 

1876,  ch.  344.  P.  L.  L.,  (1888)  Art.  4,  Sec.  712. 

Zoological  col-  96.  In  addition  to  the  powers  now  or  hereafter  con- 
formed^ ferred  upon  the  Board  of  Park  Commissioners,  it  is  author- 
Sti^rihere- ' iz^d  to  form  zoological  collections  within  the  limits  of  said 
parks  or  squares  by  the  purchase  and  collection  of  live, 
wild  or  other  animals,  for  the  purpose  of  public  exhibition 


DEPARTMENT  OF  PUBLIC  PARKS  AND  SQUARES. 


151 


for  the  instruction  and  recreation  of  the  people,  with 
power  to  make  contracts  in  regard  thereto  ; and  shall  be 
capable  at  law  to  hold,  in  the  name  of  the  Mayor  and  City 
Council  of  Baltimore,  and  at  pleasure  to  dispose  of  gifts, 
devises  and  other  property  for  use  of  said  collections. 


1876,  ch.  344.  P.  L.  L.,  (1888)  Art.  4,  Sec.  717.  1900,  cli.  109. 

97.  The  said  Board  of  Park  Commissioners  shall  have  Full  power  to 
full  power  to  employ  and  compensate  all  persons,  whom,  in  sons  neces- 
its  judgment,  it  may  deem  proper,  in  maintaining  and  serve  parks, 
supporting  such  parks,  squares,  springs  and  monuments,  judgment, 
or  any  other  buildings,  collection,  garden  or  reservation 
provided  for  in  this  Article.  The  distribution  of  the  Park 

fund  for  the  maintenance  of  the  different  parks  and 
squares  shall  be  made  by  the  Park  Commissioners ; pro- 
vided, nothing  contained  in  this  section  or  elsewhere  in 
this  Article  shall  be  taken  or  construed  to  exempt  the  said 
Board  of  Park  Commissioners  from  a full  compliance  with  me  require- 
all  the  requirements  of  Section  36  of  this  Article,  and  the  tion  36  of  this 
said  Board  of  Park  Commissioners  shall  spend  no  part  of  ply  to  said 
said  park  fund  unless  such  expenditure  is  authorized  and 
included  in  the  annual  ordinance  of  estimates;  and  provided 
further,  the  Board  of  Park  Commissioners  who  go  into 
ofhce  on  the  first  day  of  March,  in  the  year  1900,  shall  ^ing^to  mSrd 
make  such  report  to  the  Board  of  Estimates  as  soon  there-  offic?ilfi9oo. 
after  as  possible,  which  report  shall  include  all  expendi- 
tures to  be  made  by  said  Board  of  Park  Commissioners  for 
the  remainder  of  the  current  fiscal  year,  and  the  Board  of 
Estimates  shall  prepare  and  submit  to  the  City  Council  a 
supplemental  ordinance  of  estimates,  to  include  the  amount 
which  the  said  Board  of  Estimates  may  deem  proper  to  be 
spent  by  said  Board  of  Park  Commissioners  for  the 
remainder  of  said  current  fiscal  year. 

1886,  ch.  354.  P.  L.  E.,  (1888)  Art  4,  Sec.  719. 

98.  The  night  watchman  employed  by  the  Board  of  Night  watch- 
Park  Commissioners  shall  have,  while  on  duty,  the  same 

power  that  police  in  said  City  have  as  conservators  of  the 
peace. 


152 


DEPARTMENT  OF  EDUCATION. 


Department  of  Education. 


Board  of  School 
Commission- 
ers; appoint- 
ment; its 
president. 


Members  of 
Board;  quali- 
fications. 


Appointment 
and  removal 
of  subordi- 
nates and 
teachers; 
their  salaries. 


1906,  ch.  107. 

99.  There  shall  be  a Department  of  Education  of  the 
Mayor  and  City  Council  of  Baltimore.  The  head  of  said 
department  shall  consist  of  a Board  of  School  Commis- 
sioners composed  of  nine  persons,  who  shall  serve  without 
pay,  and  who  shall  be  appointed  by  the  Mayor  in  the  mode 
prescribed  in  section  25  of  this  Article,  and  removable  as 
therein  provided.  One  of  said  Commissioners  shall  be 
President  of  said  Board  and  so  designated  by  the  Mayor 
when  appointed.  Their  term  of  office  shall  be  six  years, 
three  of  them  to  retire  at  the  end  of  every  two  years. 
The  Board  first  appointed  shall  determine  by  lot  their  term 
of  office,  so  as  to  provide  for  the  retirement  in  the  suc- 
ceeding two  and  four  years  of  three  of  their  number.  The 
members  of  said  Board  shall  be  residents  of  the  City  of 
Baltimore  for  at  least  one  year,  citizens  of  the  State  of 
Maryland  for  at  least  five  years  prior  to  their  appointment. 
The  members  of  said  Board  shall  be  chosen  by  the  Mayor 
from  among  those  he  deems  most  capable  of  promoting 
the  interest  of  public  education  by  reason  of  their  intelli- 
gence, character,  education  or  business  habits.  In  the 
selection  of  members  of  said  Board  and  in  their  action  in 
the  administration  of  the  public  schools,  ecclesiastical  and 
party  ties  shall  not  be  regarded,  so  that  the  public  schools 
may  be  entirely  out  of  the  field  of  political  and  religious 
differences  and  controversies.  The  said  Board  shall  con- 
firm or  reject  all  nominations  of  teachers  made  to  it,  as 
hereinafter  provided  by  the  Superintendent  of  Public 
Instruction  and  his  assistants.  It  shall  not  confirm  the 
appointment  of  any  teacher  whose  name  does  not  appear 
upon  the  graded  list,  hereinafter  provided  for.  All  officers, 
secretaries,  clerks  and  employees  shall  be  appointed  by 
said  Board,  and  may  be  removed  by  it  at  pleasure,  and  any 
teacher  may  be  removed  by  said  Board  on  the  recom- 
mendation of  the  Superintendent  of  Public  Instruction 
after  charges  preferred  and  trial  had.  The  salary  of  all 
officers,  teachers,  secretaries,  clerks  and  employees  shall 
be  fixed  by  said  Board,  not  to  exceed  in  the  aggregate  the 


DEPARTMENT  OF  EDUCATION. 


153 


amount  appropriated  by  ordinance.  Whenever  the  con- 
struction  of  a new  schoolhouse  or  the  enlargement  and 
repairs  of  an  old  schoolhouse  is  authorized,  the  instructions 
of  the  Board  of  School  Commissioners  shall  be  regarded 
by  the  Inspector  of  Buildings  in  the  preparation  of  his 
plans,  and  no  plans  shall  be  finally  adopted  without  the  ^"S.^boofs, 
concurrence  of  said  Board.  All  text-books,  stationery  and 
furniture  required  for  the  public  schools  shall  be  purchased 
by  the  said  Board,  subject  to  the  provisions  of  Sections  14 
and  15  of  this  Article.  * 


100.  The  said  Board  shall  appoint  the  principal,  profes-  To  appoint  cer- 
sors,  tutors  and  instructors  of  the  City  College,  the 
principals,  tutors  and  instructors  of  the  Polytechnic 
Institutes,  and  of  the  High  Schools.  It  shall  also  appoint 
a Superintendent  of  Public  Instruction  and  one  or  i^ore 
Assistant  Superintendents  of  Public  Instruction,  one  of 
whom  shall  be  the  First  Assistant,  and  shall  act  as  fupeSL- 
Superintendent  of  Public  Instruction  if  that  officer  is 
disabled.  The  said  Superintendents  shall  all  be  persons  of 
education  and  experience  in  the  management  of  schools, 
and  they  shall  not  be  less  than  twenty-five  years  of  age, 
at  the  timie  of  their  appointment,  and  shall  discharge  the 
duties  herein  prescribed  and  such  other  duties  as  the 
said  Board  may  direct.  In  order  to  secure  the  continuance 
of  local  interest  in  and  oversight  of  the  public  schools,  there 
shall  be  appointed  annually  by  said  Board  such  number  of 
unpaid  School  Visitors  as  may  be  found  requisite.  One  or 
more  of  these  visitors  shall  be  assigned  to  every  school,  duties, 
and  every  visitor  so  assigned  shall  be  a resident  or 
engaged  in  business  within  half  mile  of  the  school  to 
which  he  or  she  is  assigned,  so  that  the  parents  and 
inhabitants  of  every  neighborhood  may  have  easy  access 
to  an  official  of  the  public  schools.  The  said  visitors  shall 
perform  the  duties  hereinafter  prescribed,  and  such  other 
duties  as  the  said  Board  may  direct.  The  said  Board  may 
also  appoint  a supervisor  of  the  heating,  plumbing  and 


*Note.— In  reference  to  powers  of  Board  of  School  Commissioners, 
see:  School  Commrs.  of  Balto.  v.  State  Board  of  Education,  26  Md.  512. 
Weddle  v.  Board  School  Commrs.,  94  Md.  334. 


154 


SUPERINTENDENT  AND  ASSISTANT. 


^ schSi  ventilation  of  school  buildings,  to  be  known  as  Supervis- 

ings.  Qj.  of  School  Buildings,  who  shall,  in  addition  to  the  super- 

vision of  school  buildings  in  respect  to  their  heating, 
plumbing  and  ventilating,  perform  such  other  duties  as 
the  Board  may  direct. 

Baltimore  City  v.  Lyman,  92  Md.  611. 


SUPERINTENDENT  AND  ASSISTANT  SUPERIN- 
TENDENTS OF  PUBLIC  INSTRUCTION. 

Their  duties.  101.  The  duties  of  the  Superintendent  of  Public 
Instruction  and  Assistant  Superintendents  of  Public  In- 
struction shall  include  the  examination  of  teachers  and 
/ their  nomination  to  the  Board  of  School  Commissioners  for 
appointment  or  promotion,  and  the  supervision  of  schools, 
and  the  study  and  suggestion  of  methods  by  which  the 
public  school  system  of  the  City  of  Baltimore  may  be 
maintained  and  improved.  They  shall  hold  regular  meet- 
ings as  a Board  of  Superintendents  of  Public  Instruction 
and  keep  a record  of  the  same,  which  shall  be  submitted 
to  the  Board  of  School  Commissioners.  For  the  work  of 
standing  com-  suporvision  and  examination,  standing  committees  shall  be 
mittees.  designated  by  the  Superintendent  of  Public  Instruction 
annually.  Of  every  such  committee,  the  Superintendent  of 
Public  Instruction  or  the  First  Assistant  Superintendent  of 
Public  Instruction,  or  both,  shall  be  members  ex  officio,  and 
the  number  of  additional  members  shall  be  determined 
from  time  to  time,  as  circumstances  may  require.  Every 
school  shall  be  visited  at  frequent  intervals  by  the  Super- 
intendent of  Public  Instruction  or  one  of  the  Assistant 
^?ch?ois.  Superintendents  of  Public  Instruction,  and  written  reports 
on  its  condition  shall  be  filed  in  the  office  of  the  Superin- 
tendent of  Public  Instruction,  with  such  recommendations 
as  circumstances  may  call  for.  It  shall  be  the  duty  of  the 
Superintendent  of  Public  Instruction  and  his  Assistants, 
to  devote  their  services  exclusively  to  the  public  schools 
under  such  regulations  as  the  Board  of  School  Commis- 
sioners may  prescribe.  It  shall  be  the  duties  of  the  said 
Superintendent  of  Public  Instruction,  with  the  aid  of  the 
Supervisor  of  School  Buildings,  to  ascertain  the  sanitary 


SUPERINTENDENTS  OF  PUBLIC  INSTRUCTION. 


155 


condition  of  every  school,  and  to  report  to  the  proper 
authorities  what  repairs  or  improvements  are  necessary. 

It  shall  be  the  duty  of  the  Superintendent  of  Public  Candidates  for 
Instruction  and  his  Assistants,  as  examiners,  to  ascertain,  b?e$a^ined 
by  appropriate  committees,  appointed  as  hereinbefore 
provided,  the  training,  knowledge,  aptness  for  teaching, 
and  character  of  every  future  candidate  for  the  place  of  a 
teacher,  and  to  report  to  the  Board  of  School  Commission- 
ers graded  lists  of  those  whom  they  deem  qualified  for 
appointment,  from  which  graded  lists  all  nominations  of 
teachers  shall  be  made  by  the  Superintendent  of  Public 
Instruction  and  his  Assistants  to  the  Board  of  School 
Commissioners.  All  such  nominations  of  teachers  shall  be 
made  in  the  order  in  which  the  names  of  the  nominees 
appear  upon  such  graded  lists.  In  the  preparation  of  these 
graded  lists,  the  Superintendent  of  Public  Instruction  and 
his  Assistants  shall  ascertain  by  competitive  examinations 
the  relative  qualifications  of  those  candidates  who  desire 
appointment,  and  shall  place  the  names  of  the  accepted 
candidates  upon  said  graded  lists  in  the  order  of  their  rela- 
tive qualifications,  so  ascertained  by  such  competitive 
examination.  It  shall  be  their  duty  to  advise  the  Board  of 
School  Commissioners  whenever  called  upon,  or  whenever 
they  think  it  important,  in  respect  to  the  course  of  studies, 
text-books  or  methods  of  instruction.  Whenever  the 
Superintendent  of  Public  Instruction  and  his  Assistants 
are  in  doubt  what  course  to  pursue,  they  shall  ask  instruc- 
tions  from  the  Board  of  School  Commissioners,  to  whom 
they  may  present  a majority  and  minority  report,  and  the 
decision  of  the  Board  of  School  Commissioners  shall  be 
final.  The  Superintendent  of  Public  Instruction  and  his 
Assistants  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  order  of  the  Board  of  School  Commissioners  not 
inconsistent  with  this  Article. 

Baltimore  City  v.  Lyman,  92  Md.  591. 


102.  It  shall  be  the  duty  of  School  Visitors,  hereinbe- 
fore  provided  for,  to  visit  the  schools  to  which  they  are 
assigned,  and  to  report  upon  their  condition  at  least  once 
in  every  quarter,  and  oftener  if  they  think  it  desirable. 


156 


DEPARTMENT  OF  CHARITIES  AND  CORRECTIONS. 


In  case  of  an  emergency  requiring  attention,  they  shall 
immediately  notify  the  Superintendent  of  Public  Instruc- 
tion. The  said  School  Visitors  may  be  called  together  by 
the  Board  of  School  Commissioners  or  the  Superintendent 
of  Public  Instruction  whenever  the  interests  of  the  schools 
require  it,  or  whenever  it  is  thought  important  for  the 
office  of  a visitor  to  be  defined,  the  organization  of  the 
school  system  to  be  considered  and  the  characteristics  of  a 
good  school  to  be  clearly  stated  to  them.  They  shall  per- 
form such  other  duties  as  the  Board  of  School  Commis- 
sioners may  prescribe,  not  inconsistent  with  this  Article. 

DEPARTMENT  OF  CHARITIES  AND  CORRECTIONS. 

Department.  103.  There  shall  be  a Department  of  Charities  and 
Corrections  of  the  Mayor  and  City  Council  of  Baltimore, 
which  shall  consist  of  the  Supervisors  of  City  Charities 
and  the  Visitors  to  the  City  Jail.  The  head  of  the  Depart- 
ment of  Charities  and  Corrections  shall  be  a Board  of 
Charities  and  Corrections  composed  of  the  President  and 
one  other  of  the  Supervisors  of  City  Charities,  the  Presi- 
dent and  one  other  of  the  Visitors  to  the  City  Jail,  and  the 
Mayor  ex  officio.  The  Supervisors  of  City  Charities  and 
su^enj^ors^of  the  Visitors  to  the  City  Jail  shall  each  designate  their 
^^P^^Gsentative  member.  The  President  of  the  Supervisors 

City  Jail  to  of  City  Charities  shall  be  President  of  the  Board  of  Chari- 

compose  De- 

partment.  ties  and  Corrections*  This  Board  shall  be  for  consultation 
and  advice,  but  it  shall  have  no  power  to  direct  or  control 
the  duties  or  work  of  any  sub-department  under  this 
department.  It  shall  perform  such  other  duties  as  may  be 
required  of  it  by  ordinances  not  inconsistent  with  this 
Article. 


SUPERVISORS  OF  CITY  CHARITIES. 

To  be  head^of  1Q4.  The  Supervisors  of  City  Charities  shall  be  the  first 
partment;  ap-  sub-department  of  Charities  and  Corrections,  and  the  head 

pointment  of  ^ 

Board.  Qf  this  sub-department  shall  be  a board  composed  of  nine 
persons,  appointed  by  the  Mayor  as  provided  in  section  25 
of  this  Article,  who  shall  be  removable  as  therein  provided. 
Their  term  of  office  shall  be  for  six  years,  three  of  them 


SUPERVISORS  OF  CITY  CHARITIES. 


157 


to  retire  at  the  end  of  every  two  years  ; except  that  the 
Supervisors  first  appointed  shall  determine  by  lot  their 
terms  of  ofRce,  so  as  to  provide  for  the  termination  of  the 
term  of  three  Supervisors  each  at  the  end  of  the  first  two 
and  four  years.  The  said  Supervisors  shall  have  been 
citizens  of  Maryland  for  at  least  five  years,  and  residents 
of  the  City  of  Baltimore  for  at  least  one  year  prior  to  their 
nomination.  The  Mayor,  in  the  appointment  of  said 
Supervisors,  shall  designate  one  of  their  number  as  Presi-  president, 
dent,  and  the  Supervisor  shall  elect  a Secretary,  who  shall 
be  paid  a salary  of  one  thousand  five  hundred  dollars  per 
annum,  payable  monthly,  and  shall  discharge  such  duties 
as  the  Supervisors  shall  prescribe.  The  said  Supervisors 
shall  serve  without  pay.  They  shall  be  appointed  by  the  Qualifications 
Mayor  from  among  those  whom  he  deems,  by  reason  of 
their  intelligence,  experience  and  character,  to  be  most 
capable  of  caring  for  the  poor,  economically,  intelligently 
and  humanely.  In  the  selection  of  said  Supervisors  and 
in  their  action,  in  matters  relating  to  the  duties  imposed 
upon  them  by  law  or  ordinance,  ecclesiastical  or  party  ties 
shall  not  be  regarded,  so  that  the  care  of  the  poor  may  be 
entirely  out  of  the  field  of  political  or  religious  differences 
and  controversies.  The  duty  of  said  supervisors  shall  be  xheir  duties, 
to  determine  what  sick,  insane  or  other  destitute  persons 
are  proper  charges  on  the  City,  and  to  provide  for  the 
proper  care  of  such  persons,  in  so  far  as  money  may  be 
appropriated  for  that  purpose  by  the  City.  The  supervis- 
ors shall  have  the  power  to  appoint  and  fix  the  compensa- ^ 
tion  of  such  officials  and  subordinate  employees  as  they  and”?ompen- 
may  deem  necessary  for  the  proper  conduct  of  the  business  ^dhTafisr^ 
entrusted  to  them,  not  to  exceed  in  number  of  employees  or 
aggregate  amount  in  compensation  the  limit  fixed  by  ordi- 
nance. The  Supervisors  shall  report  annually  to  the  City  Annual  report, 
upon  all  departments  of  their  work,  including  the  work  of 
those  institutions  with  which  the  City  has  contracted  for 
the  care  of  any  poor  persons,  and  they  shall  perform  all 
the  duties  heretofore  performed  by  the  Trustees  of  the 
Poor  unless  otherwise  provided  in  this  Article. 


158 


SUPERVISORS  OF  CITY  CHARITIES. 


All  appropriations  by  the  Mayor  and  City  Council 
^pporTo?in-  Baltimore  for  the  treatment,  care  or  support  of  the  in- 
digent  poor  in  institutions  not  owned  by  the  City,  or  for 
be^y’  con-  dispensary  treatment  shall  be  by  contract,  in  which  the 
city  shall  agree  to  pay  so  much  per  capita  for  persons 
placed,  treated  or  prescribed  for  in  such  institutions  or 
dispensaries  so  contracting  with  the  City,  and  in  no  case 
shall  a gross  sum  be  paid  to  any  such  institution  or  dis- 
pensary. Every  such  contract  shall  contain  a stipulation 
that  the  City  shall  incur  no  obligation  therefrom  for  any 
amount  not  provided  for  or  in  excess  of  the  appropriation 
made  for  the  fiscal  year  in  carrying  out  such  contract. 
No  public  moneys  shall  be  paid  to  any  institution  or  dis- 
pensary for  the  treatment,  care  or  support  of  any  person 
until  the  said  Supervisors  have  determined  and  certified  in 
writing  that  such  person  is  a proper  subject  of  municipal 
aid.* 

No  appropria-  106.  No  appropriation  shall  be  made  or  money  expend- 

tenance  out-  ' ed  for  the  maintenance,  outside  of  the  Almshouse  or  other 
hous?,  except  City  home,  of  any  adult  poor  person  or  persons,  except  the 
sick,  insane  or  other  special  classes  requiring  special  treat- 
ment, or  homeless  persons  requiring  temporary  care  only  ; 
provided,  the  City  has  adequate  accommodations  at  the 
Almshouse  or  other  City  home.  All  poor  persons  who,  in 
the  judgment  of  said  Supervisors,  require  special  care  or 
treatment  outside  of  a City  institution,  may  be  placed  by 
said  Supervisors  in  any  institution  or  institutions  with 
which  the  City  has  contracted  for  such  care  or  treatment, 
which  they,  in  the  exercise  of  their  judgment,  after  care- 
ful inspection  and  inquiry,  shall  deem  best  fitted  to  give 
the  necessary  care  and  treatment.** 


*Note. — In  connection  with  appropriations  b}'-  the  Ma\’or  and  Citj 
Council  of  Baltimore  for  treatment,  care  or  support  of  indigent  poor,  in 
institutions  not  owned  by  the  city,  see, 

St.  Mary’s  Indus.  School  v.  Brown,  45  Md.  334. 


**Note:. — In  connection  with  section  106,  see  provisions  of  Act  1906, 
chapter  32  which  re-enacts  Article  4 of  the  Public  General  Laws  of: 
Maryland. 


SUPERVISION  OVER  CHILDREN. 


159 


107.  The  Mayor  and  City  Council  of  Baltimore,  through 
the  said  Supervisors,  shall  have  care  and  supervision  over 
such  children  as  shall  be  committed  to  or  placed  in  those 
institutions  with  which  the  City  may  have  contracted  and 
as  shall  have  been  duly  accepted  by  said  Supervisors  as 
proper  charges  on  the  City.  Said  Supervisors  shall  have 
power  to  remove  any  child  from  any  such  institution  to 
which  he  or  she  has  been  committed  or  placed,  and  to 
place  said  child  in  any  other  such  institution,  when  it  is 
apparent  to  the  Supervisors  that  from  improper  treatment 
or  for  other  good  cause,  the  welfare  of  the  child  requires 
such  removal.  No  such  child  shall  be  discharged  from  the 
institution  to  which  he  or  she  shall  have  been  committed 
or  placed  (unless  by  direction  of  a court  of  competent 
jurisdiction),  or  be  transferred  to  any  other  institution,  or 
to  the  care  of  any  individual,  without  the  approval  and 
consent  of  the  said  Supervisors.  It  shall  be  the  duty  of 
the  Supervisors,  as  far  as  is  pi’acticable,  to  place  all  desti- 
tute or  neglected  children  who  are  under  their  care  or  in 
their  charge,  in  some  institution  or  home  for  children,  or, 
without  payment  of  board  in  some  respectable  family  in 
the  State  of  Maryland,  and  to  have  the  children  visited, 
and  their  circumstances  carefully  examined  at  least  once 
in  every  six  months  by  one  of  the  Supervisors  or  by  a 
skilled  agent  or  agents  appointed  by  them  for  the  purpose. 
On  the  preliminary  question  of  the  commitment  of  any 
destitute  or  neglected  child,  said  Supervisors,  or  their 
agent,  shall  be  summoned  by  the  committing  officer  and 
heard  as  to  whether  the  parent  or  guardian  of  the  child  to 
be  committed  is  entitled  to  the  aid  of  the  City,  and  if  on 
return  of  the  summons  of  the  said  Supervisors,  or  their 
agent,  further  time  is  required  by  them,  or  him,  to  make 
inquiry  as  to  the  pecuniary  ability  of  said  parent  or  guar- 
dian further  time,  not  exceeding  twenty-four  hours,  shall 
be  given.  The  wish  and  request  of  the  parent  or  guardian 
as  to  the  place  of  commitment  shall  be  respected,  unless 
good  cause  to  the  contrary  be  shown  by  the  Supervisors. 
The  Supervisors  of  City  Charities  shall  have  power  to 
place  foundlings  in  any  proper  institution  with  which  the 
City  has  a contract. 


The  Supervi- 
sors shall 
have  care  of 
poor  of  City. 


Their  powers 
in  relation  to 
destitute  or 
neglected 
children. 


Commitments 
to  institu- 
tions. 


Foundlings. 


160 


SUPERVISORS  OF  CITY  CHARITIES. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  42.  P.  L.  L.,  (1888)  Art.  4,  Sec.  39. 

Who  may  be  108.  The  Supervisors  may  admit  into  the  Almshouse 
Almshouse.  and  receive  under  their  care,  in  addition  to  those  paupers 
which  the  laws  of  this  State  authorize  and  require,  such 
indigent  or  distressed  persons  as  in  their  opinion  the 
dictates  of  humanity  or  particular  circumstances  render 
proper  or  necessary.  In  cases  of  emergency  any  Super- 
visor may  direct  the  admission  of  any  destitute,  indigent 
or  distressed  person  to  the  Almshouse. 


P.  Iv.  E.,  (1860)  Art.  4,  Sec.  43.  P.  L.  E.,  (1888)  Art.  4,  Sec.  40. 

^m?iitandem-  The  Supervisops  shall  prescribe,  provide  for,  and 

direct  all  matters  relating  to  the  support,  treatment  and 
employment  of  all  paupers,  vagrants  and  other  persons  in 
the  Almshouse,  or  any  other  place  under  their  care  and 
charge. 

P.  E.  E.,  (I860)  Art.  4,  Sec.  44.  P.  E.  E.,  (1888)  Art.  4,  Sec.  41. 

Supervisors  110.  The  Supervisors  shall  procure,  or  erect  and  use 
necessary  all  such  machinery,  materials  and  implements  as  they  shall 
machinery,  propep  OP  necessapy  for  any  purpose  connected  with 

their  duties  or  the  exercise  of  the  powers  vested  in  them. 

P.  E.  E.,  (I860)  Art.  4,  Sec.  57.  P.  E.  E.,  (1888)  Art.  4,  Sec.  53. 

Meetings  of  111.  The  Supervisors  shall  meet  at  the  Almshouse  five 
Supervisors.  year,  to  wit;  in  the  first  week  of  February, 

April,  June,  October  and  December,  or  oftener,  if  they 
shall  deem  it  necessary;  and  shall  make  by  a majority  of 
votes  of  such  as  may  be  present,  all  such  good  and  whole- 
some rules  and  by-laws  as  they  may  think  necessary  and 
convenient  for  the  maintenance  and  employment  of  the 
inmates  of  said  Almshouse. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  58.  1862,  ch.  279. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  54. 

orrectionof  Upou  complaiut  made  to  the  Supervisors  by  the 

Superintendent  of  said  Almshouse,  and  due  proof  thereof, 
that  any  pauper  in  said  Almshouse  has  behaved  [in  a dis- 
orderly manner,  or  has  neglected  to  obey  and  keep  any  of 


SUPERINTENDENT  OF  ALMSHOUSE. 


161 


the  rules  and  by-laws,  the  Supervisors  may  order  and 
direct  such  moderate  and  proper  correction  for  any  such 
offence  as  the  nature  of  the  case  may  require. 

SUPERINTENDENT  OF  ALMSHOUSE. 

P.  L.  L.,  (I860)  Art.  4,  Secs.  49,  51.  P.  L.  L.,  (1888)  Art.  4, 

Secs.  46,  47. 

113.  The  Supervisors  shall  meet  at  the  Almshouse  on  Superinten- 
the  first  Monday  of  April,  yearly,  and  appoint  a Superin-  porntmentoL 
tendent  of  said  Almshouse,  who  shall  receive  a salary  of 

one  thousand  six  hundred  dollars  per  annum,  payable 
monthly.  They  shall  require  such  superintendent  to  enter 
into  bond  with  sufficient  security,  payable  to  the  Mayor 
and  City  Council  of  Baltimore,  in  the  penalty  of  five  hun-  Bond  of. 
dred  dollars,  for  the  faithful  performance  of  the  duties  of 
his  office. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  52.  P.  L.  L.,  (1888)  Art.  4,  Sec.  48. 

114.  In  Addition  to  such  other  duties  as  the  Super- 
visors  may  prescribe,  the  Superintendent  shall  keep  a 
regular  list  of  all  poor,  beggars  vagrants,  vagabonds  and 
offenders  who  shall  be  committed  to  said  Almshouse,  and 
also  regulate  accounts,  in  writing,  of  all  materials  and 
other  things  which  may  come  to  his  hands,  and  of  all  ex- 
penses and  charges  attending  their  maintenance  and  sup- 
port, and  of  all  moneys  received  by  him  for  the  sale  of  the 
produce  of  their  labor,  and  otherwise,  as  Superintendent, 
and  shall  lay  the  same  before  the  Supervisors  annually  and 
whenever  required. 

Purveyor  of  Provisions. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  46.  P.  L.  L.,  (1888)  Art.  4,  Sec.  43. 

115.  The  Supervisors  may  appoint  a Purveyor  of  Pro- Appointment 
visions  to  said  Almshouse,  and  fix  his  salary  at  a sum  not 

to  exceed  fifteen  hundred  dollars  per  annum.  It  shall  be 
the  duty  of  said  Purveyor  to  provide  and  furnish  provi- 
sions to  said  Almshouse  under  the  directions  of  said  Su- 
pervisors, to  whom  he  shall  annually  return  a statement  or 
account  of  his  receipts  and  expenditures,  to  be  examined 
and  passed  at  their  discretion. 


162 


VISITORS  OF  THE  JAIL. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  47.  P.  L.  L.,  (1888)  Art.  4,  Sec.  44. 

116.  The  Supervisors  shall  require  the  said  Purveyor 
to  give  bond  and  security  to  be  approved  by  them,  and  in 
such  penalty  as  they  shall  direct,  conditioned  for  the  faith- 
ful performance  of  the  trusts  reposed  in  him,  and  upon 
failure  to  comply  with  the  conditions  thereof,  they  may 
direct  said  bonds  to  be  put  in  suit,  and  any  sum  of  money 
recovered  in  such  suits  shall  be  applied  to  the  use  of  said 
Almshouse. 

117.  None  of  the  foregoing  provisions  in  sections  104 
to  116  inclusive,  shall  apply  to  offenders,  juvenile  or  adult. 

VISITORS  OF  THE  JAIL. 

1826,  ch.  224.  1831,  ch.  58.  1868,  ch.  3.  P.  L.  L.,  (1888)  Art.  4,  Sec.  535. 

118.  The  Visitors  of  the  Jail  shall  be  the  second  sub- 
department of  Charities  and  Corrections,  and  the  head  of 
this  sub-department  shall  be  a board  consisting  of  nine 
persons,  appointed  by  the  Mayor  in  the  manner  prescribed 
in  section  25  of  this  Article,  who  shall  hold  their  offices  as 
therein  provided.  They  shall  serve  without  pay.  One  of 
their  number  shall  be  designated  by  the  Mayor,  who  shall 
be  President  of  said  Visitors,  and  the  said  Visitors  shall 
elect  from  their  number  a Secretary.  The  Visitors  to  the 

Duties:  to  have  Jail  shall  have  charge  and  control,  supervision  and  regula- 
formatSrJ,^'  tion,  of  the  Baltimore  City  Jail  and  all  reformatory,  crim- 
pe^^HnUttlf- inal  and  penal  institutions  belonging  to  the  City.  They 
tions.  shall  also  have  supervision  over  those  persons  committed 
to  the  criminal,  penal  and  reformatory  institutions  with 
which  the  Mayor  and  City  Council  of  Baltimore  have  con- 
tracts. The  Visitors  to  the  Jail  shall  have  the  power  to 
pass  rules  and  regulations  for  their  own  government  and  for 
the  government  of  the  Baltimore  City  Jail  and  the  aforesaid 
institutions  belonging  to  the  City,  not  inconsistent  with  this 
Article,  and  shall  perform  such  other  duties  as  may  be 
required  of  them  by  ordinances  not  inconsistent  with  this 
Article. 

Field  V.  Malster,  88  Md..  691.  Beasley  v.  Ridout,  94  Md.  675.  (This 
case  construes  Acts  of  Assembl}'-  relating  to  Visitors  of  the  Jail.) 


offenders  ex- 
cepted from 
foregoing- 
provisions. 


VISITORS  TO  THE  JAIE. 


163 


P.  L.  L.,  (I860)  Art.  4,  Sec.  574.  P.  E.  L.,  (1888)  Art.  4,  Sec.  541. 

119.  The  said  Visitors  shall  meet  , on  the  first  Tuesday  Meetings  of 
of  every  month  or  at  such  other  times  as  they  may  direct; 
special  meetings  may  be  called  at  any  time  by  the  Presi- 
dent, or  any  two  members,  on  giving  three  days’  notice  in 
writing  to  the  members. 

1831,  ch.  58.  P.  E.  E.,  (1860)  Art.  4,  Sec.  575. 

P.  E.  L.,  (1888)  Art.  4,  Sec.  542. 

120.  The  said  Visitors  shall  have  full  power  and  author- 
ity,  as  often  as  they  may  deem  it  necessary,  to  visit  the 
jail  and  the  prisoners  confined  therein  ; to  make  by-laws 
for  the  internal  police  and  good  government  thereof,  and 
for  the  preservation  of  the  buildings  and  other  property. 


1898,  ch.  412. 

§ 1 20a.  Whenever  the  Board  of  Visitors  of  the  Baltimore  to  examine  in^ 
City  Jail  may  deem  it  necessary,  they  shall  have  full  power 
to  summon  the  State  Lunacy  Commission  to  examine  and 
pass  upon  the  mental  condition  of  the  convicts,  and  if  the 
convict  or  convicts  so  examined  be  adjudged  insane  or  lun- 
atic by  said  commission,  or  a majority  thereof,  and 
removal  be  deemed  advisable,  said  commission  shall  make 
a complaint  to  the  judge  of  the  Criminal  Court  of  the  City 
of  Baltimore,  who  shall  have  the  power  to  order  the 
removal  of  such  insane  or  lunatic  convict  or  convicts  to  the 
Bay  View  Asylum  for  treatment. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  576.  P E.  E.,  (1888)  Art.  4,  Sec.  543. 

121.  The  said  Visitors  shall  regulate  and  provide  the.^ 

diet  of  the  prisoners,  procure  necessary  bedding  and  oners^iS”city 
clothing  for  their  use  ; make  such  repairs,  alterations  and 
improvements  in  and  about  the  jail  as  they  may  deem 
necessary,  and  provide  medicine  and  attendance  for  such, 
of  the  prisoners  as  are  sick. 

1884,  ch.  368.  P.  E.  E.,  (1888)  Art.  4,  Sec.  544. 

122.  All  persons  confined  in  Baltimore  City  Jail,  convicts  to 
sentence  of  the  Criminal  Court  of  Baltimore,  for  offences 
punishable  by  confinement  therein,  or  committed  by  any 


164 


VISITORS  TO  THE  JAIL. 


Judge,  Court,  Justice  of  the  Peace,  or  other  lawful  author- 
ity having  jurisdiction  to  commit  such  person  to  said  jail, 
either  as  a punishment  for  the  violation  of  any  law  or 
ordinance,  or  under  or  by  virtue  of  any  law  or  ordinance, 
or  for  failure  to  pay  any  fine  or  costs  imposed  upon  such 
person  by  any  such  Judge,  Court,  Justice  of  the  Peace  or 
other  lawful  authority,  shall  be  kept  by  the  Visitors  to  the 
Jail  at  hard  labor  in  some  useful  employment.  The  said 
Visitors  to  the  Jail  shall  frame  such  regulations  as  shall  be 
necessary  to  the  industry,  quiet  and  discipline  of  such  per- 
sons, and  shall  have  them  kept  separate  from  persons  in 
confinement  awaiting  trial,  or  for  other  causes. 

P.  L.  L.,  (I860)  Art.  4.  Sec.  578.  P.  L.  L.,  (1888)  Art.  4.  Sec.  545. 

123.  The  said  Visitors  shall  also  require  all  vagrants 
confined  in  said  jail  to  work  and  labor  about  the  premises. 

P.  L.  Iv.,  (I860)  Art.  4,  Sec.  579.  P.  L.  L.,  (1888)  Art.  4,  Sec.  546. 

other  prison-  124.  The  said  Visitors  may,  with  their  consent,  employ 

’ other  persons  confined  therein  in  such  work  and  labor  in 
and  about  the  premises  as  may  be  consistent  with  their 
safe-keeping,  and  shall  keep  an  account  of  the  earnings  of 
such  persons,  and  shall,  upon  their  discharge,  allow  them 
two-thirds  of  the  net  proceeds  thereof,  to  be  ascertained 
by  the  Visitors.** 

P.  L.  L.,  (1860)  Art.  4,  Sec.  580.  P.  L.  L.,  (1888)  Art.  4,  Sec.  547. 

Book  of  ac-  125.  The  said  Visitors  shall  keep  regular  books  of 
counts  to  e which  the  whole  expenses  of  the  jail,  whether 

for  supplies,  salaries  of  officers,  repairs  or  incidentals, 
shall  be  distinctly  stated. 

**NoTE. — Section  1 of  the  Act  of  1906,  ch.  71,  reads  as  follows  : 

“Be  it  enacted  by  the  General  Assembly  of  Maryland  that  the  Visitors 
of  the  Jail  in  Baltimore  City,  be  and  they  are  hereby  unconditionally 
authorized  and  empowered  to  contract,  upon  such  terms  as  to  price  or 
otherwise  as  they  may  deem  expedient  or  proper,  with  any  person  or 
corporation,  in  their  discretion,  for  the  erection  at  the  Baltimore  City 
Jail  of  a workshop  for  its  uses ; provided  that  the  cost  of  erecting  said 
workshop  shall  be  paid  for  by  the  hire  to  the  contractor,  as  now  author- 
ized by  law,  and  as  fixed  in  amount  or  otherwise  by  the  said  visitors,  in 
their  discretion,  of  inmates  of  said  Jail.’’ 


WARDEN  OF  JAIE. 


165 


Warden  of  Jail. 

1826,  ch.  224.  1831,  ch.  58.  P.  E.  E.,  (1860)  Art.  4,  Sec.  581. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  548. 

126.  The  said  Visitors  shall  appoint  a fit  person  as  Appointment. 
Warden  of  the  Baltimore  City  Jail.  They  shall  allow  the 
said  Warden  and  his  assistants  and  other  employees  and 
servants  such  compensation  as  in  their  judgment  is  proper,  nates, 
not  to  exceed  in  the  aggregate  the  amount  appropriated  by 
ordinance.  The  said  Visitors  shall  at  their  will  and  pleas- 
ure remove  the  said  Warden. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  581.  P.  E.  E.,  (1888)  Art.  4,  Sec.  548. 

127.  It  shall  be  the  duty  of  the  Warden  of  the  Balti- ^"^ks:  re- 

sponsibility 

more  City  Jail  to  take  charge  of  the  prison  and  prisoners 
therein,  and  exercise,  during  his  continuance  in  office,  the 
same  powers,  and  be  subject  to  the  same  forfeitures,  and 
be  responsible  for  escapes  in  the  same  manner,  and  to  the 
same  extent,  as  sheriffs  of  the  respective  counties,  and  he 
shall  perform  such  other  duties  as  shall  be  required  of  him 
by  said  Visitors. 


1826,  ch.  224.  1831,  ch.  58.  P.  E.  E.  (I860)  Art.  4,  Sec.  583. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  550. 

128.  The  said  Warden,  before  he  enters  upon  the  he  Bond, 
duties  of  his  office  shall  give  bond  to  the  State  with  good 
security  to  be  approved  by  the  Visitors,  in  the  penalty  of 
ten  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  his  duty  as  Warden,  and  for  the  safe-keeping  of 
all  such  persons  as  shall  be  committed  by  legal  authority 
to  the  Baltimore  City  Jail,  which  bond  shall  be  filed  with 
the  Comptroller. 


1831,  ch.  58.  P.  E.  E.,  (1860)  Art.  4,  Sec.  584.  P.  E.  E-,  (1888) 

Art.  4,  Sec.  551. 

129.  The  said  Warden  shall  also  take  and  subscribe  an  oath, 
oath  that  he  will  duly  and  faithfully  execute  the  duties 
and  trusts,  and  exercise  the  powers  committed  to  and 
vested  in  him  as  ^Warden  of  the  Baltimore  City  Jail. 


166 


WARDEN  OF  JAIE. 


1826,  ch.  224,  P.  L.  L.,  (1860)  Art.  4,  Sec.  585.  P.  L.  L.,  (1888) 
Art.  4,  Sec.  552. 

As^istan^s  to  130.  The  VisitoFS  shall  prescribe  the  number  and  duties 
of’  the  assistants  who  may  be  necessary  to  be  employed  by 
said  Warden,  but  the  Warden  shall  have  the  appointment 

Duties,  ap-  and  removal  of  such  assistants,  subject  to  the  approval  of 
compensa-  the  Visitors,  and  shall  nx  their  compensation,  not  to  exceed 
in  the  aggregate  the  amount  appropriated  by  ordinance. 

1826,  ch.  224.  P.  L.  L.,  (1860)  Art.  4,  Sec.  586.  P.  L.  L.,  (1888) 
Art.  4,  Sec.  553. 

Commitments.  131.  All  commitments  of  prisoners  to  the  Baltimore 
City  Jail  shall  be  directed  to  the  Warden  of  said  jail,  whose 
duty  it  shall  be  to  receive  the  prisoners  from  the  officers 
having  them  in  charge. 


1826,  ch.  224.  1831,  ch.  58.  P.  L.  L.,  (1860)  Art.  4,  Sec.  587. 

P.  L.  Iv.,  (1888)  Art.  4,  Sec.  554. 

Conducting  102.  The  Warden  shall  conduct  all  prisoners  in  his 

prisoners  to  ^ 

court.  custody  to  and  from  the  courts,  when  the  said  courts  shall 
direct  him  to  do  so. 

1831,  ch.  58.  P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  588.  P.  E.  L.,  (1888) 
Art.  4,  Sec.  555. 

To  account  for  133.  The  Warden  shall  account  with  the  Visitors  for 

jail  fees. 

all  sums  of  money  which  he  may  collect  from  any  source 
connected  with  the  institution. 

1831,  ch.  58.  P.  E.  E.,  (1860)  Art.  4,  Sec.  591.  P.  E.  E , (1888) 
Art.  4,  Sec.  558. 

Annual  state-  134.  The  VisitoFS  shall  annually,  during  the  month  of 
“gUt  of  Visit- January,  make  out  and  lay  before  the  Mayor  and  City 
Council  of  Baltimore  a full  statement  of  all  the  public 
money  received  by  them  from  the  City  Register  or  from 
any  other  source,  and  the  manner  in  which  it  has  been 
expended. 

P.E.E.,(1860)  Art.4,  Secs.592,593.  P.  E.  E. , (1888)  Art. 4 Secs.  559, 560. 

No  liquor  to  be  136.  No  spirituous  OF  malt  liquoFS  shall  be  disposed  of, 

wUhfn  j-aii.  sold  OF  givon  away  within  said  jail,  and  any  employee  or 


CONVICTS. 


167 


servant  of  said  jail  disposing  of,  selling  or  giving  away,  or 
being  concerned  with  others  in  the  disposal,  selling  or  giv- 
ing away  of  any  spirituous  or  malt  liquors  as  aforesaid  to 
any  person  coming  to  said  jail  on  a visit,  or  to  any  prisoner 
confined  therein,  or  to  any  other  person,  except  by  order 
of  the  attending  physician,  shall  forfeit  and  pay  the  sum 
of  one  hundred  dollars,  to  be  recovered  by  indictment,  one-  Penalty, 
half  to  go  to  the  informer,  and  the  other  half  to  be  applied 
to  the  use  of  the  City. 

P.[Iv.L.,(1860)Art.4,  Secs.  595,  596,  P.  L.  L.,(1888)  Art.  4,  Secs.  561,  562. 

136.  If  the  Warden  or  his  Assistants,  or  any  employee  Pehaity against 
or  servant  of  said  jail,  shall  introduce  any  such  spirituous 
or  malt  liquors,  or  suffer  them  to  be  introduced  as  afore- 
said, knowing  it  to  be  contrary  to  law  ; or  shall  permit 
any  person  (with  the  exception  of  the  attorney  of  a person 
confined  in  said  prison)  to  enter  said  jail  without  license, 
as  herein  provided,  each  and  every  one  of  them  so  offend- 
ing shall  be  suspended  from  his  office  and  be  incapable  of 
holding  any  office  or  charge  within  said  prison  for  the 
space  of  one  year  thereafter. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  594.  P.  n,  L.,  (1888)  Art.  4,  Sec.  563. 

137.  No  person,  except  the  attorney  of  a prisoner,  visits  to  pris- 
shall  be  permitted  to  visit  a prisoner  within  said  jail  or  lot, 
unless  by  special  license  from  the  Warden,  or  some  Judge, 
or  other  person  legally  authorized  to  give  the  same. 


P.  L.  Iv.,  (1860)  Art.  4,  Sec.  598.  P.  L.  L.,  (1888)  Art.  4,  Secs.  564,  565. 

138.  All  persons  hereafter  sentenced  to  be  imprisoned  prison  fare, 
in  said  jail  for  offences  by  the  Criminal  Court  of  Baltimore 
shall  be  kept  on  prison  fare,  and  not  be  allowed  any  other 
food  or  drink,  unless  by  the  written  direction  of  the  physi- 
cian of  the  jail. 


CONVICTS. 

1880,  ch.  4.  P.  h.  L.,  (1888)  Art.  4,  Sec.  568. 

139.  All  persons  who  shall  hereafter  be  convicted  of 
any  offense  punishable  by  confinement  in  said  Baltimore 


168 


VAGRANTS. 


Reduction  of 
sentence  for 
good  beha- 
vior. 


Separate  con- 
finement. 


I^ist  of,  com- 
mitted by 
Justices  of 
the  Peace. 


City  Jail,  and  confined  in  said  Jail  under  a sentence  for  a 
longer  period  than  two  calendar  months,  shall  each  have 
a deduction  from  their  several  terms  of  sentence  of  five 
days  for  each  and  every  calendar  month  during  which  no 
charge  of  misconduct  shall  have  been  sustained  against 
them,  and  they  shall  be  discharged  at  the  expiration  of 
their  respective  terms  of  sentence,  less  the  time  so  deduct- 
ed, and  a certificate  of  the  Warden  of  said  jail  of  such 
deduction  shall  be  entered  on  the  warrant  of  commitment; 
provided,  that  if,  during  the  term  of  imprisonment,  the 
prisoner  shall  commit  any  act  of  insubordination  or  other 
violation  of  discipline,  the  Visitors  to  the  Jail  may,  at  their 
discretion,  reduce  and  annul  entirely  such  deductions. 

P.  L.  Iv.,  (I860)  Art.  4,  Sec.  159.  ' P.  L.  L.,  (1888)  Art.  4,  Sec.  569. 

140.  All  persons  confined  in  said  jail  under  the  provi- 
sions of  the  preceding  section  shall  be  kept  separate  from 
such  persons  as  are  in  confinement  for  offenses  other  than 
those  referred  to  in  the  preceding  section,  or  who  may  be 
awaiting  trial. 


VAGRANTS. 

1862,  ch.  8.  P.  L.  L.,  (1888)  Art.  4,  Sec.  570. 

141.  The  Warden  of  the  Baltimore  City  Jail  shall  pre- 
pare and  send  to  the  Judge  of  the  Criminal  Court  of 
Baltimore,  on  each  and  every  Saturday,  a full  and  com- 
plete list  of  the  names  of  all  persons  who  are  committed  to 
his  custody  by  the  Justices  of  the  Peace  of  said  City,  either 
as  vagrants  or  in  default  of  security  to  keep  the  peace  ; 
and  the  Judge  of  the  said  Court  shall  have  full  power  to 
review  the  said  commitments  ; and  upon  examination  of 
the  various  cases  so  reported  to  him  by  the  Warden  of  the 
Jail  as  aforesaid,  he  shall  discharge  or  recommit  the  said 
parties  for  a term  not  to  exceed  six  months,  as  in  his  dis- 
cretion may  be  most  conducive  to  the  preservation  of 
public  peace  and  order.  The  Justices  of  the  Peace  of  the 
City  of  Baltimore  are  prohibited  from  charging  costs  in  the 
cases  above  named,  unless  the  parties  are  recommitted  by 
order  of  the  Judge  of  said  Court. 


Costs. 


VAGRANTS. 


169 


1880,  ch.  51.  P.  h.  Iv.,  (1888)  Art.  4.  Sec.  571. 

142.  When  any  person  arrested  in  the  City  of  Baltimore  co^s^ts^charge- 
shall  be  held  in  custody  until  such  person  can  give  security 
to  keep  the  peace,  or  shall  be  committed  to  jail  or  the 
House  of  Correction  in  default  of  such  security,  such  per-  peace, 
son  shall  be  chargeable  with  and  shall  pay  all  costs  pre- 
scribed by  the  laws  of  this  State  for  such  arrest,  commit- 
ment, or  giving  security  to  keep  the  peace,  and  in  default 
of  the  payment  thereof  shall  be  committed  to  jail  until 
such  costs  and  the  costs  of  his  release  shall  be  paid,  or 
until  thence  discharged  by  due  course  of  law  ; and  said 
costs  shall  be  accounted  for  and  paid  over  by  said  respect- 
ive Justices  of  the  Peace  so  sitting  at  the  respective 
station  houses  in  the  manner  in  which  all  costs  paid  to  such 

X - 1 • Costs,  how  ac- 

Justices  of  the  Peace  so  respectively  sitting  at  such  station  counted  for. 
houses  in  the  City  of  Baltimore,  are  now  or  may  hereafter 
be  required  by  law  to  be  accounted  for  and  paid  over. 


1886,  ch.  373.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  572. 

143.  Whenever  any  person  has  been  committed  to  f he  Tran^fers^o 
Baltimore  City  Jail  on  the  charge  of  drunkenness  or  dis- 
orderly conduct,  and  he  is  deemed  by  the  physician  in 
charge  of  said  jail  a proper  subject  for  the  Almshouse,  the 
Visitors  to  the  Jail  shall  have  power  to  transfer  said  person 
to  said  Almshouse. 


1886,  ch.  373.  P.  L.  L.,  (1888)  Art.  4,  Sec.  573. 

144.  Whenever  any  person  has  been  committed  to  the  prisoners  af- 
Baltimore  City  Jail  on  the  charge  of  drunkenness  or  dis-  ea.se  or  be- 
orderly  conduct  who  is  affected  with  any  form  of  disease  saiTel”^ 
that  in  the  judgment  of  the  physician  of  said  jail  would 
require  a longer  time  than  the  term  of  sentence  to  cure,  or 
in  any  case  where  the  accommodation,  comfort,  care  and 
nursing  cannot  be  furnished  by  the  said  jail,  or  in  case  of 
any  person  who  may  be  insane  at  the  time  of  committal, 
or  become  insane  during  the  term  for  which  committed, 
the  said  Visitors  to  the  Jail  shall  have  the  power  to  release 
and  send  such  person  to  his  or  her  home,  or  to  some  in- 
firmary, hospital  or  to  the  Almshouse,  where  provision 


170 


DEPARTMENT  OF  REVIEW  AND  ASSESSMENT. 


has  been  made  by  the  City  of  Baltimore  for  the  reception 
of  such  cases. 

M.  & C.  C.  of  Baltimore  v Keeley  Institute,  81  Md.  106. 


DEPARTMENT  OF  REVIEW  AND  ASSESSMENT. 

^°iSSa?tmen?  There  shall  be  a Department  of  Review  and  As- 

sessment of  the  Mayor  and  City  Council  of  Baltimore, 
composed  of  the  Appeal  Tax  Court  and  the  Commissioners 
for  Opening  Streets.  The  head  of  this  department  shall 
be  the  Board  of  Review  and  Assessment,  to  consist  of  the 
President  of  the  Appeal  Tax  Court,  the  President  of  the 
Commissioners  for  Opening  Streets,  and  the  Mayor  ex- 
officio.  The  President  of  the  said  Court  shall  be  the  Pres- 
its  head.  ident  of  the  Board  of  Review  and  Assessment.  This  Board 
shall  be  for  consultation  and  advice,  but  it  shall  have  no 
Duties  and.  powor  to  diroct  or  control  either  sub-dopartmont.  It  shall 
power.  perform  such  duties  as  may  be  prescribed  by  ordinances 
not  inconsistent  with  this  Article. 


Appeal  Tax  Court. 

1874,  ch.  483.  1888,  ch.  98,  Sec.22. 

P.  L.  Iv.,  (1888)  Art.  4,  Sec.  842. 

Members,  and  146.  The  Appeal  Tax  Court  shall  be  the  first  sub-de- 

their  ap- 

pointment.  partmeut  of  Review  and  Assessment,  and  its  head  shall  be 
a bench  composed  of  three  members,  appointed  by  the 
Mayor  in  the  manner  prescribed  in  section  25  of  this  Arti- 
cle, and  removable  as  therein  provided.  One  of  their 
number  shall  be  President,  and  shall  be  so  designated  when 
Term  of  office,  appointed  by  the  Mayor.  Their  term  of  office  shall  be  for 
three  years,  one  member  to  retire  every  year  ; except  that 
the  members  of  the  Court  first  appointed  shall  determine 
by  lot  their  terms  of  office,  so  as  to  provide  for  the  termi- 
nation of  the  term  of  one  member  each  at  the  end  of  the 
first  and  second  years.  Each  member  of  said  Court  shall 
Salaries.  rocoivo  a Salary  of  two  thousand  dollars  per  annum,  pay- 
able monthly.  The  said  Court  shall  appoint  a Clerk,  who 
shall  receive  a salary  of  one  thousand  six  hundred  dollars 
per  annum,  payable  monthly,  and  shall  perform  such  duties 


APPEAL  TAX  COURT. 


171 


as  the  Court  may  prescribe.  The  said  Court  may  also 
appoint  such  other  employees  as  the  City  by  ordinance 
may  direct. 

Baltimore  Cit}^  v.  Johnson,  96  Md.  742.  Joesting  v.  Baltimore  City, 
97  Md.  596. 


1874,  ch.  483.  1888,  cli.  98,  Sec.  22 

P.  L.  L.,  (1888)  Art.  4,  Sec.  842. 

147.  The  said  Court  shall  meet  from  time  to  time  to  hear  ap- 
for  the  purpose  of  hearing  appeals  and  making  trans-  transfers  and 
fers  and  correcting  the  accounts  of  assessable  property  Lsessments. 
charged  to  taxpayers,  and  the  assessment  thereof.  The 

said  Court  may  also  appoint  such  number  of  assessors  as 
they  may  deem  necessary  in  investigating  and  ascertaining 
all  omitted  and  taxable  property,  and  assessing  and 
returning  the  same  to  the  said  Court,  not  to  exceed  such 
number  as  by  ordinance  may  be  authorized,  t 

Robinson  v.  Baltimore,  93  Md.  208. 

1841,  ch.  23,  Sec.  43.  1841,  ch.  116.  1847,  ch.  266,  Sec.  16.  P.  G.  L., 

(1860)  Art.  81,  Sec.  7.  1874,  ch.  483,  Sec.  5.  P.  G.  L.,  (1888) 

Art.  81,  Sec.  6.  1894,  ch.  165.  P.  G.  L.,  (1904) 

Art.  81,  Sec.  7. 

148.  Every  assessor  provided  for  in  this  sub-division  of  Assessors^ 
this  Article  shall  annually  inform  himself,  by  all  lawful  assess  prop- 
means,  of  all  property,  real  and  personal,  and  stocks  or 
investments  in  the  City,  liable  to  taxation  or  assessment, 

and  which  may  have  been  omitted  in  the  assessment,  and 

all  buildings  and  improvements,  and  all  property  created 

or  acquired  since  the  last  assessment,  and  shall  value  the 

same  at  the  full  cash  value  thereof,  and  shall  make  return  to  make  re-  ^ 

thereof  to  said  Court,  and  for  the  purposes  of  this  section 

the  said  assessors  are  hereby  clothed  with  the  powers  of 


*Note. — The  Appeal  Tax  Court  cannot  be  required  to  sit  as  a Court 
of  review. 

Consol.  Gas  Co.  v.  Baltimore,  101  Md.  541. 

t Many  of  the  provisions  of  this  Article  relating  to  assessments  have 
been  embodied  from  Art.  50,  City  Code  (1893). 


172 


APPEAL  TAX  COURT. 


general  assessors,  and  their  valuation  shall  be  subject  to 
revision  and  correction  by  said  Court,  t 

*0’Neal  V.  Va.  & Md.  Bridge  Co.,  18  Md.  24.  Co.  Commr’s  v.  Union 
Mining  Co.,  61  Md.  547.  Hopkins  v.  Baker,  78  Md.  363.  Hopkins  v. 
Van  Wyck,  80  Md.  7.  *Skinner  Dry  Dock  Co.  v.  Balto.  City,  96  Md.  40. 
*Consol.  Gas  Co.  v.  Baltimore  City,  101  Md.  541. 


1841,  ch.  266,  Sec.  16.  P.  G.  U.,  (1860)  Art.  81,  Sec.  8.  1874,  ch. 
483,  Sec.  6.  P.  G.  U.,  (1888)  Art.  81,  Sec.  7. 

P.  G.  D.,  (1904)  Art.  81,  Sec.  8. 

Their  compen-  140.  The  assessors  shall  be  allowed  such  compensation 

sation. 

for  the  performance  of  their  duties  as  the  City  may  by 
ordinance  direct. 


1880,  ch.  230.  P.  L.  U.,  (1888)  Art.  4,  Sec.  843. 

^ Before  increasing  the  assessment  of  any  property 
creasing  as-  which  has  been  theretofore  assessed,  or  adding  any  new 
addmg  new  property  not  valued  and  returned  to  them  by  the  proper 
assessor,  it  shall  be  the  duty  of  the  said  Court,  as  the  case 
may  be,  to  notify  the  owner  of  such  property  by  written 
or  printed  summons,  containing  such  interrogatories  in 
regard  to  the  property  as  they  may  require  to  be  answered 
on  oath,  and  appointing  a certain  day  for  such  owner  to 
answer  such  interrogatories,  either  orally  or  in  writing, 
and  to  make  such  statement,  or  present  such  proof  as  he 
may  desire  in  the  premises  ; and  such  notice  shall  be  served 
on  such  owner  or  left  at  his  place  of  abode  at  least  five 
To  notify  days  before  the  day  of  hearing  appointed  in  such  summons, 
rogatories.  Such  owner  may  answer  the  interrogatories  contained  in 
such  summons,  and  may  appear  on  such  return  day  and 
answer  the  same  under  oath,  orally,  before  said  Court,  and 
may  present  such  testimony  as  he  may  desire  and  said 
Court  may  think  necessary  and  proper  to  be  heard.  In 
fixing  assess- case  such  owner,  after  being  summoned,  shall  fail  to 
answer  in  writing  on  oath,  or  to  appear  and  answer  orally 
such  interrogatories,  such  Court,  after  such  return  day  has 


fNoTE. — The  life  tenant  is  responsible  for  taxes. 

Stansbury  v.  Niclioll,  Daily  Record,  August  2,  1901. 


APPEAI,  TAX  COURT. 


173 


passed,  may  proceed  to  re- value  and  re-assess  said  prop- 
erty, or  add  such  new  property,  according  to  its  best  judg- 
ment and  information  in  the  premises  ; but  no  such  re-val- 
uation and  re-assessment  shall  be  made  by  such  Court  with- 
out giving  such  notice ; provided,  that  nothing  in  this 
section  shall  be  construed  to  apply  to  the  valuation  and 
assessment  of  new  improvements  or  new  property  dis- 
covered and  assessed  and  returned  to  the  said  Court  by 
the  proper  assessor  whose  duty  it  is  to  assess  and  return 
the  same. 

Co.  Comm’rs  v.  Union  Mining  Co.,  61  Md.  546.  Alleghany  Co.  v.  N. 
Y.  Mining  Co.,  76  Md.  556.  Baltimore  Co.  v.  Winand,  77  Md.  524. 
Hopkins  v.  Van  Wyck,  80  Md.  15,  17.  Myers  v.  Baltimore  Co.,  83  Md. 
393.  Balto.  C.  & A.  R.  R.  Co.  v.  Wicomico  Co.,  93  Md.  113.  Gittings 
V.  Mayor,  95  Md.  419.  Skinner  Dry  Dock  Co.  v.  Baltimore,  96  Md.  40. 
Baltimore  City  v.  Poole,  97  Md.  70. 


1844,  ch.  234,  Sec.  2.  P.  G.  D.,  (1860)  Art.  81,  Sec.  98.  1874,  ch.  483. 

P.  G.  L.,  (1888)  Art.  81,  Sec.  89.  P.  L.  D.,  (1888)  Art.  4, 

Sec.  846.  P.  G.  L.,  (1904)  Art.  81,  Sec.  104. 

151.  The  City  Register  shall  on  each  first  day  of  May,  of 
July  and  September  make  out  and  deliver  to  the  said  Court 
a full  and  accurate  list  of  the  holders  of  all  loans  of  the 
City,  the  interest  of  which  is  payable  on  such  respective 
dates.  * 


*Note. — Sec.  160  of  Art.  81,  Public  General  Daws,  Code  1904,  as  re- 
enacted by  Act  1906,  ch.  467,  reads  as  follows : 

160.  An}'  corporation  having  a capital  stock  divided  into  shares  and 
owning  as  an  investment  of  part  of  its  capital  any  of  the  stock  debt  of 
this  State  upon  which  the  State  Tax  has  been  deducted  by  the  Treasurer, 
or  of  the  stock  debt  of  the  City  of  Baltimore  on  which  the  State  Taxes  have 
been  paid  or  are  payable  by  said  City,  or  shares  in  any  bank  or  other  cor- 
poration of  this  State  upon  which  the  State  and  County  or  City  taxes  are 
levied  and  paid,  or  are  payable  by  such  bank  or  other  corporation,  may 
report  the  same  in  detail  under  the  oath  of  the  President,  Cashier, 
Treasurer  or  other  proper  officer  to  the  State  Tax  Commissioner,  and  the 
amount  of  such  stock  debt  or  debts,  or  the  assessed  value  of  such  capital 
stock  so  owned,  and  upon  which  such  taxes  are  paid  or  payable  as  afore- 
said, shall  be  allowed  as  a credit  in  the  settlement  of  the  taxes  on  the 
shares  of  capital  stock  of  such  corporation  .so  owning  the  .same;  and  any 
corporation  not  having  capital  stock  divided  into  shares,  and  owning  as 
an  investment  of  part  of  its  assets  any  of  the  stock  debt  of  this  State 


174 


APPEAI.  TAX  COURT. 


Court  to  ex- 
amine and 
correct  lists. 


Payment  of 
State  tax  or 
such  loans. 


1844,  ch  234,  Sec.  3.  P.G.  L.,  (1860)  Art.  81,  Sec.  99.  1874,  cli.  483. 

P.  G.  Iv.,  (1888,)  Art.  81,  Sec.  90.  P.  L.  T.,  (1888)  Art.  4, 

Sec.  847.  P.  G.  L.,  (1904)  Art.  81,  Sec.  105. 

152.  The  said  Court  shall  in  each  year  carefully  examine 
the  said  lists  and  correct  the  same  by  striking  therefrom 
all  the  holders  of  said  stock  who  may  be  exempt  from  tax- 
ation on  said  stock,  and  shall,  on  or  before  the  first  day  of 
September,  annually  deliver  one  copy  of  the  said  list,  as 
corrected  by  them,  to  the  City  Register,  and  one  copy 
thereof  to  the  State  Comptroller,  setting  forth  distinctly  in 
said  copies  the  assessed  value  of  the  stock  mentioned 
therein. 


1844,  ch.  234,  Sec.  4.  P.  G.  L.,  (I860,)  Art.  81,  Sec.  100.  1874,  ch.  483, 
Sec.  92.  P.G.  Iv.,  (1888)  Art.  81,  Sec.  91.  P.  L.  T.,  (1888) 

Art.  4,  Sec.  848.  P.  G.  T.,  (1904)  Art.  81,  Sec.  106. 

153.  The  City  Register  shall  retain  from  the  interest 
paid  on  the  several  City  loans  to  the  holders  thereof,  in- 
cluded in  the  said  corrected  list  returned  to  him  by  the 
said  Court,  the  State  tax  imposed  for  the  current  year  on 
such  loans  by  the  Code  of  Public  General  Laws.  He  shall 
make  such  deductions  from  the  installments  of  interest 
payable  respectively  on  the  first  days  of  May,  July  and 
September,  and  he  shall,  as  soon  as  practicable  after  the 
first  day  of  September  of  each  year,  pay  over  such  State 
tax  to  the  State  Comptroller. 


upon  which  the  State  tax  has  been  deducted  by  the  Treasurer,  or  of  the 
stock  debt  of  the  City  of  Baltimore  on  which  the  State  taxes  have  been 
paid  or  are  payable  by  said  City,  or  shares  of  the  capital  stock  of  any 
bank  or  other  corporation  of  this  State,  upon  which  the  State  and  County 
or  Cit}-  taxes  are  levied  and  paid,  or  are  payable  by  such  bank  or  other 
corporation,  may  report  the  same  in  detail,  under  the  oath  of  its  Presi- 
dent, Cashier,  Treasurer  or  other  proper  officer  to  the  State  Tax  Commis- 
sioner, and  the  amount,  of  such  stock  debt  or  debts,  or  the  assessed 
value  of  such  shares  of  capital  stock  so  owned,  and  upon  which  such 
taxes  have  been  paid  or  are  payable  as  aforesaid,  shall  be  allowed  as  a 
credit  in  the  settlement  of  the  taxes  on  the  assets  of  such  corporation  so 
owning  the  same;  but  no  credit  shall  be  allowed  to  any  such  corpora- 
tions by  reason  of  any  investments  on  which  the  taxes  are  not  paid  or 
payable  as  aforesaid,  nor  b}^  reason  of  the  ownership  by  said  corporation 
or  corporations  of  the  stock  debt  of  the  City  of  Baltimore  that  shall  be 


APPEAL  TAX  COURT. 


175 


1844,  ch.  134,  Sec.  5.  P.  G.  L.,  (1860)  Art.  81,  Sec-  101.  1874,  ch.  483, 

Sec.  93.  P.  G.  L.,  (1888)  Art.  81,  Sec.  92.  P.  L.  L., 

(1888)  Art.  4,  Sec.  849.  P.  G.  L.,  (1904)  Art. 

81,  Sec.  107. 

154.  If  the  City  Register  shall  at  any  time  fail  to  make  court  to  make 
out  and  deliver  to  the  said  Court  the  lists  of  holders  of  the  city  Register 
said  stock  loans  as  herein  required,  it  shall  be  the  duty  of 
the  said  Court  to  ascertain  in  such  manner  as  they  may 
deem  most  accurate  the  amount  of  said  stock  loans  of  the 
City  of  Baltimore  outstanding  on  the  first  day  of  May,  July 
and  September  in  the  year  in  which  such  failure  or  refusal 
shall  take  place,  and  on  or  before  the  first  day  of  Septem- 
ber in  said  year  make  and  deliver  one  copy  of  a statement 
certified  by  them,  showing  the  amount  of  said  stock  so 
ascertained  by  them,  and  its  assessed  value,  to  the  City 
Register,  and  one  copy  thereof  to  the  State  Comptroller ; 
and  the  City  Register  shall  thereupon  pay  the  tax  afore- 
said, which  he  is  in  section  153  of  this  Article  directed  to  city  Register 
deduct  from  the  interest  payable  on  said  loans  ; but  the  City  taJ“  ° 
Register  shall  not  be  required  to  set  apart  and  pay  over 
the  said  tax  on  any  part  of  said  stock  loans  which  he  may 
satisfy  the  State  Comptroller  by  a certificate  to  that  effect 
signed  by  the  said  Court,  or  by  other  satisfactory  evidence, 
was  held  on  the  first  day  of  May,  July  and  September  in 
the  year  for  which  the  tax  may  become  due,  and  by  any 
person  entitled  under  the  laws  of  this  State  to  hold  the 
same  free  from  taxation. 


hereafter  issued  under  the  loans  authorized  by  Chapters  274,  338  and  349 
of  the  Acts  of  the  General  Assembly  of  Maryland  for  1904,  known  as  the 
Annex,  Park  Extensions  and  Sewer  Loans,  respectively,  or  under  any 
other  loans  that  may  be  hereafter  authorized  by  the  General  Assembly 
of  Maryland,  provided,  however,  that  a credit  shall  be  allowed  to  any 
such  corporation  by  reason  of  its  ownership  of  Baltimore  City  Burnt  Dis- 
trict Loan  Stock,  issued  under  Chapter  468  of  the  Acts  of  1904,  the  Water 
Loan  issued  under  Chapter  333  of  the  Acts  1902,  and  the  Conduit  Loan 
issued  under  Chapter  246  of  the  Acts  of  1902,  whether  heretofore  or 
hereafter  issued  ; nor  shall  such  credits  be  allowed  in  any  case  where  the 
officer  making  such  return  for  such  corporation  shall  fail  to  state  in  such 
return  that  said  investments  are  owned  by  the  corporation  of  which 
he  is  such  officer,  and  are  not  held  by  such  corporation  as  a security 
for  any  loan,  or  as  a collateral  security  for  any  payment,  or  other 
purpose. 


176 


APPEAL  tax  court. 


1844,  ch.  234,  Sec.  6.  P.  G.  L.,  (1860)  Art.  81,  Sec.  102.  1874,  ch. 

483,  Sec.  94.  P.  G.  L.,  (1888)  Art.  81,  Sec.  93.  P.  L.  L., 

(1888)  Art.  4,  Sec.  850.  1892,  ch.  567.  P.  G.  L., 

1904,  Art.  81,  Sec.  108. 

^oTcourffo?  Each  member  of  the  said  Court  shall  receive  fifty 

this  work,  dollars,  annually,  for  the  services  required  in  the  three  pre- 
ceding sections ; and  the  City  Register,  the  sum  of  three 
hundred  dollars  for  the  services  therein  required  of  him  ; 
the  said  sums  to  be  paid  by  the  Treasurer  on  the  warrant 
of  the  State  Comptroller  in  pursuance  of  Article  81,  section 
108,  of  the  Code  of  Public  General  Laws. 


1906,  ch.  84.  P.  G.  L.,  (1904)  Art.  81,  Sec.  138. 

^hoide?rt?be  The  president  or  other  proper  officer  of  the 

furnished  by  banks.  State  and  National,  and  other  incorporated  institu- 

incorporated  . . , , . , 

institutions,  tions  in  the  several  counties,  the  City  of  Baltimore  and 
other  incorporated  towns  of  Maryland,  shall  annually  on 
or  before  the  first  day  of  March,  furnish  to  the  County 
Commissioners  of  each  County  or  the  Appeal  Tax  Court  of 
Baltimore  City  and  the  City  Clerk  of  each  city,  town  or 
village  incorporated  in  the  State  of  Maryland,  in  which  any 
of  its  stockholders  may  reside,  a list  of  the  said  stockholders, 
so  far  as  their  place  of  residence  may  be  known  to  such 
officer,  together  with  the  number  of  shares  of  stock  held 
What  list  shall  by  each.  Said  list  shall  show  the  stockholders  of  such  banks 
and  other  incorporated  institutions  as  they  stand  on  the  first 
day  of  January  preceding,  together  with  their  residences  and 
the  number  of  shares  held  by  each  on  said  date,  and  the  tax- 
able value  of  such  respective  shares  of  stock,  ascertained  as 
Assessment  of  hereinafter  provided,  shall  for  county  and  municipal  pur- 

such  stock.  1 1 

poses  be  valued  to  the  owners  thereof  m the  manner 
hereinafter  as  of  the  preceding  first  day  of  January  of  each 
year,  and  taxes  thereon  shall  be  collected  for  such  banks 
and  other  incorporated  institutions  in  the  manner  herein- 
penaity  for  after  provided  as  of  said  first  day  of  January.  In  case  the 
Ssuchifit  P^^sident  or  other  proper  officer  of  said  bank  or  other  cor- 
poration fail  or  refuse  to  furnish  a statement  as  herein 
required  to  the  County  Commissioners  or  Appeal  Tax  Court 


APPEAI,  TAX  COURT. 


177 


or  City  Clerk  aforesaid,  on  or  before  the  day  hereinbefore 
specified  for  that  purpose,  then  for  each  day  that  shall 
thereafter  elapse  until  the  said  statement  shall  be  furnished, 
the  said  bank  or  other  corporation  shall  pay  to  the  County 
Commissioners,  or  Mayor  and  City  Council  of  Baltimore, 
or  other  municipal  corporation,  as  the  case  may  be,  the  sum 
of  one  hundred  dollars,  and  for  the  valuation  and  effectual 
collection  of  taxes  assessed  on  the  stock  of  banks  or  other 

. Till  'iiii  • stock 

incorporated  institutions,  held  by  non-residents,  the  presi- 
dent  or  other  proper  officer  of  the  corporation  shall  annually 
on  or  before  the  first  day  of  March  make  out  and 
deliver  to  the  County  Commissioners  of  the  County  or  the 
Appeal  Tax  Court  or  City  Clerk  of  the  municipal  corpora- 
tion where  said  corporation  is  situate,  an  account  of  the 
number  of  shares  of  stock  in  such  corporation  held  by  per- 
sons not  residents  of  this  State  as  of  the  first  day  of  January 
preceding,  and  the  same  shall  be  valued  at  its  actual  cash 
value,  to  and  in  the  name  of  such  stockholders  respectively 
as  of  said  first  day  of  January  preceding ; but  the  tax 
assessed  on  such  stock  shall  be  levied  and  collected  from  aSessmeSL 
said  corporation,  and  may  be  charged  to  the  account  of  stoS!^^ 
such  non-resident  stockholders  in  the  said  corporation, 
and  shall  be  a lien  on  the  stocks  therein  held  by  such 
stockholders,  respectively,  until  paid,  and  in  no  case  shall 
the  stock  of  any  corporation,  in  the  aggregate,  be  valued 
at  less  than  the  full  value  of  the  real  estate  and  chattels,  ation.° 
real  or  personal,  held  by  or  belonging  to  such  corporation 
in  the  several  counties  and  city  of  Baltimore,  whether  the 
shares  of  said  stock  are  quoted  on  the  market  or  not ; in 
case  of  failure  or  refusal  to  comply  with  this  requirement, 
the  said  bank  or  other  incorporated  institution  shall  be 

. Penalty. 

liable  to  the  penalty  hereinbefore  prescribed,  and  the 
president  and  cashier  or  treasurer  of  any  such  bank  or 
other  incorporated  institution  failing  to  comply  in  every 
respect  with  the  provisions  of  this  section  shall  be  liable 
to  indictment  therefor,  and  on  conviction  shall  be  fined 
not  less  than  five  hundred  dollars  not  more  than  five 
thousand  dollars,  in  the  discretion  of  the  Court,  and  shall 
stand  committed  until  such  fine  is  paid. 


178 


APPEAL  TAX  COURT. 


1843,  ch.  208,  Sec.  17.  1847,  cli.  266,  Sec.  15.  P.  G.  L.,  (1860)  Art.  81, 

Sec.  18.  1874,  ch,  483,  Sec.  16.  P.  G.  L.,  (1888)  Art.  81, 

Sec.  17.  P.  G.  L.,  (1904)  Art.  81,  Sec.  15. 

“coun  when  Whenever  any  pepsoH  shall  make  application  for 

aiienldSs^s  allowanco  or  deduction  on  account  of  the  sale,  transfer, 
asked  for.  alienation,  loss  or  removal  of  any  property,  or  the  collec- 
tion or  payment  of  any  public  or  private  security  for 
money,  the  said  Court  shall  interrogate  him  on  oath  in 
reference  thereto,  and  the  disposal  of  the  same,  and 
especially  inquire  of  him  to  whom  the  same  has  been  sold 
or  transferred,  and  the  amount  of  the  purchase  money  or 
the  money  collected,  and  how  the  same  has  been  invested. 

Skinner  & Sons  Co.  v.  Baltimore  City,  96  Md.  32. 


1847,  ch.  266,  Sec.  15.  P.  G.  L.,  (I860)  Art.  81,  Sec.  19.  1874,  ch. 

483,  Sec.  17.  P.  G.  L.,  (1888)  Art.  81,  Sec.  18. 

P.  G.  L.,  (1904)  Art.  81.  Sec.  16. 

i«ten-ogato-  157.  The  said  Court  shall  also  interrogate  the  said 
person  on  oath  in  reference  to  any  acquisitions  or  invest- 
ments made  by  him,  and  not  already  assessed,  and  the 
amount  of  all  such  acquisitions  and  investments  shall  be 
added  to  his  assessable  property,  and  if  he  refuses  to 
answer,  no  allowance  or  deduction  shall  be  made  ; they 
shall  also  have  power  to  summon  before  them  any  person 
whom  they  may  know  or  be  credibly  informed  has  ac- 
^ pTSd^rt  of  property,  or  whose  account  of  taxable  property 

in  such  jYiay,  in  their  judgment,  require  revision  and  correction, 
and  examine  such  person  on  oath  touching  the  same  ; and 
any  person  so  summoned,  and  refusing  to  appear,  and  any 
person  refusing  to  be  sworn,  or  to  answer  touching  said 
amount  or  touching  his  or  her  property,  shall  be  liable  to 
prosecution  therefor,  and,  upon  conviction,  shall  be  fined 
not  exceeding  fifty  dollars  for  each  offence,  to  be  collected 
as  other  fines  are  collected. 

*Co.  Comm’rs  v.  Winand,  77  Md.  524.  Hopkins  v.  Van  Wyck,  80 
Md.  15,  17.  Skinner  & Sons  Co.  v.  Baltimore,  96  Md,  32. 


APPKAIv  TAX  COURT. 


179 


1841,  ch.  23,  Sec.  41.  P.  G.  P.,  (I860)  Art.  81,  Sec.  20.  1874, 
ch.  483,  Sec.  18.  P.  G.  P.,  (1888)  Art.  81,  Sec.  19. 

P.  G.  ly.,  (1904)  Art.  81,  Sec.  19. 

158.  Any  person  who  shall  remove  to  the  City  of  Bal- persons  re-^ 
timore  from  any  County  or  City  in  which  his  property  has 

been  assessed,  and  whose  personal  property  has  not  been 
assessed  in  the  City  of  Baltimore,  or  any  person  whose 
property  or  some  part  thereof,  has  not  been  assessed,  shall, 
when  required  by  said  Court,  give  to  said  Court  a full  and 
particular  account  of  his  personal  property  in  the  County 
or  City  from  which  he  has  removed,  and  of  all  the  personal 
property  in  his  possession  or  under  his  care  and  manage- 
ment, liable  to  be  assessed,  and  which  before  that  time 
shall  not  have  been  assessed  in  the  City  of  Baltimore,  and 
the  name  of  the  person  to  whom  it  belongs. 

Hopkins  v.  Van  Wyck,  80  Md.  15,  17. 

1841,  ch.  23,  Secs.  14,  41,  42.  P.  G.  L.,  (1860)  Art.  81,  Sec.  21. 

1874,  ch.  483,  Sec.  19.  P.  G.  P.,  (1888)  Art.  81,  Sec.  20. 

P.  G.  P.,  (1904)  Art.  81,  Sec.  20. 

159.  If  any  person  shall,  when  required  by  said  Court, 
after  ten  days’  notice,  neglect  to  render  the  account  re- 
quired in  the  last  preceding  section,  he  shall  be  fined  a 
sum  not  exceeding  fifty  dollars,  to  be  collected  as  other 
fines  are  collected  ; and  the  said  Court  shall,  on  its  own 
knowledge  and  on  the  best  information  they  can  obtain 

value  the  property  of  such  person  to  the  utmost  sum  they  court  to  assess 
believe  the  same  to  be  worth  in  cash,  and  on  the  return  of  hfqui^y! 
said  valuation  they  ‘shall  certify  the  said  refusal  or  neglect, 
and  the  said  Court  shall  assess  such  person  according  to 
the  sum  so  returned,  and  the  same  shall  be  collected  as  the 
assessment. 


1843,  ch.  208,  Sec  18.  P.  G.  P.,  (1860)  Art.  81,  Sec.  22.  1874, 

ch.  483,  Sec.  20.  P.  G.  P.,  (1888)  Art.  81,  Sec.  21. 

P.  G.  P.,  (1904)  Art.  81,  Sec.  21. 

1 60.  Whenever  any  person  shall  apply  to  the  said  Court  Duty  of  court 
for  allowance  or  reduction  on  account  of  the  removal  of  removal  of 
property  from  the  City  of  Baltimore  to  a County  or  City,  prSSfyeise- 
the  said  Court  shall  ascertain  of  the  party  applying  to 


180 


APPEAI.  TAX  COURT. 


what  place  within  the  State  the  property  has  been  removed, 
and  shall  inform  the  proper  authorities  of  the  place  to 
which  the  property  is  removed  of  the  fact  of  such  removal. 

1841,  ch.  23,  Sec.  27.  P.  G.  L.,  (1860)  Art.  81,  Sec.  24.  1874, 

ch.  483,  Sec.  22.  P.  G.  U.,  (1888(  Art  81,  Sec.  23. 

P.  G.  Iv.,  (1904,  Art.  81,  Sec.  23. 

Clerk  of  Court  101.  The  Said  Court  shall  direct  their  clerk  to  enter 

to  record  ac- 

c«rate  ac-  and  record  in  a book  or  books,  to  be  provided  for  the  pur- 
p^j^erty  as-  pose,  an  accurate  and  fair  account  of  all  property  of  every 
sort  within  the  City  of  Baltimore,  subject  to  taxation,  and 
the  valuation  and  assessment  thereof,  and  an  alphabetical 
list  of  the  owners  thereof,  properly  arranged,  according  to 
the  several  wards  of  the  City  of  Baltimore  and  a correct 
description  and  location  of  the  said  property  so  valued  and 
assessed.  Any  owner  of  property  shall  at  all  times  be 
permitted  to  inspect  the  record  of  his  own  property  con- 
tained in  said  book. 

O’Neal  V.  Virginia  & Md.  Bridge  Co,,  18  Md.  24.  Tasker  v.  Garrett 
Co.,  82  Md.  154, 

1844,  ch.  236,  Sec.  19.  P.  G.  T.,  (1860)  Art.  81,  Sec.  25.  1874, 

ch.  483,  Sec.  23.  P.  G.  T.,  (1888)  Art.  81,  Sec.  24. 

P.  G.  L.,  (1904)  Art.  81,  Sec.  24. 

Return  of  as-  162.  The  Clerk  of  said  Court  shall  transmit  to  the 
property  to  State  Comptroller  annually,  within  thirty  days  after  the 
nfitted"to  annual  levy  of  taxes  for  the  State,  a return  of  the  assess- 
troiier."^”"^  ments  of  property  in  the  City  of  Baltimore,  showing  the 
amount  thereof ; and  for  neglecting  or  refusing  to  perform 
this  duty  the  clerk  so  neglecting  or  refusing  shall  be  sub- 
ject to  presentment,  and  upon  conviction  thereof  in  the 
Criminal  Court  of  Baltimore  City,  to  a penalty  of  one 
hundred  dollars,  for  the  use  of  the  State. 


1844,  ch.  236,  Sec.  20.  P.  G.  L.,  (1860)  Art.  81,  Sec.  26.  1874 
ch.  ^83,  Sec.  24.  P.  G.  T.,  (1888)  Art.  81,  Sec.  25. 

P.  G.  L.,  (1904)  Art.  81,  Sec.  25. 

ney  to  inform  163.  The  State’s  Attorney  of  the  City  of  Baltimore 
STaifuir^  shall  give  information  of  such  neglect  or  refusal  to  dis- 
transmit  re-  dutios  prescribed  in  the  preceding  section  to  the 


APPEAL  TAX  COURT. 


181 


Grand  Jury  of  the  City,  upon  being-  advised  thereof  by  the 
State  Comptroller. 

164.  Repealed  by  Act  1900,  ch.  4. 

1900,  ch.  347. 

164 A.  The  Appeal  Tax  Court  of  Baltimore  City  shall 
have  the  power  at  any  time  to  value  and  assess  all  person- 
al property  and  to  revise  such  valuations  and  assessments 
and  to  revise  all  valuations  and  assessments  of  real  proper- 
ty in  said  City  and  to  lower  or  increase  said  assessment  of 
real  or  personal  property  and  to  take  steps  for  the  discov- 
ery and  assessment  of  all  unassessed  property  of  every 
kind.  And  it  shall  be  the  duty  of  said  Court  at  least  once 
in  every  five  years  to  carefully  make  such  general  revision 
of  all  of  the  assessable  property  in  said  City.  Whenever 
said  Court  shall  propose  to  alter  or  change  any  assessment 
or  make  any  new  assessment  they  shall,  before  such  as- 
sessment is  made,  give  at  least  five  days^  notice  thereof  in 
writing  to  the  owner  of  the  property  to  be  assessed  or  re- 
assessed, and  if  any  owner  be  not  found  within  the  limits 
of  said  City,  then  to  the  person  in  possession  of  the  proper- 
ty to  be  assessed  or  in  whose  custody  the  same  may  be,  or 
if  it  be  land,  and  no  one  be  in  apparent  occupancy  thereof, 
then  by  a notice  posted  on  said  land.  The  said  Court  in 
order  to  make  any  valuation,  assessment,  re-valuation  or 
re-assessment  shall  have  power  to  summon  before  it  any 
person  and  to  interrogate  him  in  reference  to  the  existence, 
situation  or  value  of  any  property  liable  to  assessment  by 
said  Court,  and  any  person  so  summoned  and  refusing  to 
appear,  and  any  person  refusing  to  be  sworn  or  to  answer 
touching  said  value,  re- valuation  or  assessment,  or  touching 
his  or  her  property,  shall  be  liable  to  prosecution  therefor, 
and  upon  conviction,  shall  be  fined  not  exceeding  one  hund- 
red dollars,  to  be  collected  as  other  fines  are  collected* 


*As  to  construction  of  provisions  of  Sec.  164A,  Gittings  v.  Baltimore 
City,  95  Md.  425,  427.  Baltimore  City  v.  Johnson,  96  Md.  737.  Balti- 
more City  V.  Poole,  97  Md.  69.  Joesting  v.  Baltimore  City,  97  Md.  596. 

As  to  rule  laid  down  in  construing  .similar  provisions,  see : Hopkins  v. 

Baker,  78,  Md.  363.  Hopkins  v.  Van  Wyck,  80*  Md.  7.  Clark  Distilling 
Co.  V.  Cumberland,  95  Md.  468. 


Power  of  Court 
to  make  orig- 
inal valua- 
tions and  as- 
sessments 
and  to  revise 
valuations 
and  assess- 
ments of  per- 
sonal prop- 
erty and  to 
revise  valua- 
ations  and 
assessments 
of  real  prop- 
erty: to  dis- 
cover and  as- 
•sess  all  un- 
assessed 
property. 


182 


APPEAL  TAX  COURT. 


Failure  of 
Clerk  to  per- 
form his  du- 
ties. 


Penalty. 


Clerks  of 
Courts  to  fur- 
nish lists  of 
alienations 
and  sales  to 
Appeal  Tax 
Court. 


1900,  ch.  347. 

164B.  If  any  clerk,  assessor  or  employee  appointed  by 
the  Appeal  Tax  Court  shall  neglect  to  perform  the  duties 
required  of  him  by  law  or  by  said  Court,  he  shall  be  liable 
to  be  discharged  by  said  Court  in  its  discretion  ; and  if  any 
such  clerk,  assessor  or  employee  shall  receive  any  consid- 
eration or  payment  designed  or  intended  to  influence  his 
conduct  or  act  in  the  performance  or  omission  of  his  duties 
as  prescribed  by  law  or  by  said  Court  as  such  clerk, 
assessor  or  employee,  or  shall  corruptly  do  or  permit  to  be 
done  or  omit  to  do  any  act  in  discharge  of  his  said  duties 
he  shall  be  liable  to  immediate  dismissal  by  said  Appeal 
Tax  Court,  and  shall  be  also  liable  to  indictment  therefor, 
and  upon  conviction  shall  be  fined  not  exceeding  five  hun- 
dred dollars  for  each  offense  and  also  to  imprisonment  in 
jail  or  penitentiary  for  not  more  than  one  year,  in  the  dis- 
cretion of  the  Court. 


P.  G.  L.,  (1904)  Art.  81,  Sec.  9. 

165.  The  Clerks  of  the  several  courts  in  the  City  of 
Baltimore  shall  annually,  on  or  before  the  first  day  of 
October,  transmit  to  the  said  Court  a list  of  all  the  aliena- 
tions of  property,  chancery  sales  made  by  trustees  and 
finally  ratified,  and  of  all  judgments  and  decrees  recorded 
in  their  respective  offices  or  rendered  in  their  respective 
courts  since  they  last  furnished  a list  of  the  same,  which 
list  shall  show  the  property  alienated,  and  the  amount  due 
on  the  judgments  or  decrees,  so  as  to  enable  the  said 
Court  to  assess  the  parties  to  whom  the  property  is  con- 
veyed or  the  money  due.  * 

Richardson  v.  Simpson,  82  Md.  162. 


*For  decisions  relating  to  taxes  on  property  in  custodia  legis^  and  in 
cases  of  sales  of  property  under  decrees,  see,  Fulton  v.  Nicholson,  7 
Md.  107.  Mayor,  etc.  v.  Sterling,  29  Md.  48.  Tuck  v.  Calvert,  33  Md. 
224.  Gould  V.  Baltimore,  58  Md.  52.  Hebb  v.  Moore,  66  Md.  170. 
Degner  v.  Baltimore,  74  Md.  144.  Casualty  Insurance  Co’s,  case,  82  Md. 
565.  Cherbonnier  v.  Bussey,  92  Md.  420  et  seq. 


APPEAI.  TAX  COURT. 


183 


1841,  ch.  23,  Sec.  38.  P.  G.  L.,(1860)  Art  81,  Sec.  13.  1874,  ch.  483, 
Sec.  11.  P.  G.  L.,  (1888)  Art.  81.  Sec.  12.  P.  G.  L., 

(1904)  Art.  81,  Sec.  13. 

166.  No  person  shall  be  chargeable  with  the  assess- 
ment of  property  which  he  may  have  alienated,  but  the 
same  shall  be  chargeable  to  the  alienee  ; and  the  said  Court 
shall,  from  time  to  time,  correct  the  account  of  any  person 
who  may  have  parted  with  the  possession  of  any  property, 
and  the  same  so  taken  off  shall  be  charged  to  the  person 
who  may  have  acquired  possession  of  the  property,  unless 
the  same  shall  have  been  removed  from  the  City. 

Co.  Commrs.  v.  Clagett,  31  Md.  210.  Parlett  Dugan,  85  Md.  413. 


1841,  ch.  23,  Sec.  37.  P.  G.  L.,  (1860)  Art.  81,  Sec.  14.  1874, 

ch.  483,  Sec.  12.  P.  G.  L.,  (1888)  Art  81,  Sec.  13. 

P.  G.  Iv.,  (1904)  Art.  81.  Sec.  14. 

167.  The  said  Court  is  directed  to  alter  and  correct  the 
account  of  any  person  who  may  have  disposed  of  or 
acquired  any  property  since  the  last  assessment,  or  whose 
property  or  any  part  thereof  may  have  been  omitted,  if  the 
report  of  such  disposition,  acquisition  or  omission  be  sup- 
plied by  satisfactory  evidence  ; and  if  real  estate  or  other 
property  shall  from  any  cause  have  increased  or  decreased 
in  value  since  the  last  assessment  the  said  Court  shall  cor- 
rect and  alter  the  assessment  of  the  same,  so  as  to  conform 
to  its  present  value. 

Alleghany  County  v.  N.  Y.  Mining  Co.  76  Md.  549.  Hopkins  v. 
Van  Wyck,  80  Md.  7.  B.,  C.  & A.  Ry.  Co.  v.  Wicomico  Co.,  93 Md.  113. 


1847,  ch.  266,  Sec.  13.  P.  G.  L.,  (I860)  Art.  81,  Sec.  10.  1874, 

ch.  483,  Sec.  8.  P.  G.  L.,  (1888)  Art.  81,  Sec.  9. 

P.  G.  D.,  (1904)  Art  81,  Sec.  10. 

168.  The  Register  of  Wills  of  Baltimore  City  shall 
annually,  on  or  before  the  first  day  of  October,  return  to  the 
said  Court  a summary  account  of  all  property  that  shall  ap- 
pear by  the  records  of  the  Orphans’  Court  of  Baltimore  City 
to  be  in  the  hands  of  each  executor,  administrator,  or  guar- 
dian as  such  ; and  all  such  property,  if  not  before  assessed, 
shall  then  be  assessed,  and  every  executor,  administrator  or 
guardian  shall  be  liable  to  pay  the  taxes  levied  thereon. 


Alienee  to  be 
assessed. 


Court  to  alter 
and  correct 
assessments. 


Reg-isterof 
Wills  to  re- 
turn sum- 
mary account 
of  property 
held  by  exe- 
cutors, etc. 


184 


APPEAI.  TAX  COURT. 


Property  dis- 
covered to  I 
assessed. 


Appeals  to  Cil 
Court  for  re 
view  of  as- 
sessment. 


Petitions. 


and  shall  be  allowed  therefor  by  the  Orphans’  Court  in  his 
accounts,  and  the  said  Register  of  Wills,  for  the  duties  im- 
posed by  this  section,  shall  be  allowed  such  compensation 
as  the  said  Appeal  Tax  Court  may  deem  proper.  Should 
the  clerk  or  Register  fail  to  preform  the  duties  imposed  by 
this  section,  he  shall  be  guilty  of  a misdemeanor,  and  shall 
be  liable  to  indictment,  and  on  conviction  shall  be  fined 
not  exceeding  one  hundred  dollars. 

Bonaparte  v.  State,  63  Md.  473.  Hopkins  v.  Van  Wyck,  80  Md.  14. 
Baldwin  v.  Washington  Co.,  85  Md.  156.  Baldwin  v.  State  use  of  Hull, 
89  Md.  590.  Nicodemus  v.  Hall,  93  Md.  367. 


1847,  ch.  266,  Sec.  14.  P.  G.  L.,  (1860)  Art.  81,  Sec.  11.  1874, 
ch.  483,  Sec.  9.  P.  G.  L.,  (1888)  Art.  81,  Sec.  10. 

P.  G.  L.,  (1904)  Art.  81,  Sec.  11. 

169.  In  all  cases  where  discoveries  of  assessable 
property  are  made  by  the  said  Appeal  Tax  Court,  either  from 
the  returns  of  clerks,  registers  or  assessors,  or  in  any  other 
way,  the  said  Court  shall  assess  the  same,  and  add  the  ? 
same  to  the  amount  on  which  taxes  are  to  be  levied.  ' 


Hopkins  v.  Van  Wyck,  80  Md.  14.  Tasker  v.  Garrett  Co.  82  Md.  153. 
Baldwin  Wash.  Co.,  85  Md.  156.  Monticello,  etc.  z'.  Baltimore  City,  90 
Md.  429.  B.,  C.  & A.  R.  R.  z/.  Wicomico  Co.,  93  Md.  123.  ; 

( 

1896,  ch.322.  P.  G.  H.,  (1888)  Art.  81.  Sec.  18A.  P.G.  L.,  (1904)  Art. 

81,  Sec.  17. 


170.  Any  person  or  persons,  or  corporation  assessed 
for  real  or  personal  property  in  the  City  of  Baltimore  and 
claiming  to  be  aggrieved  because  of  any  assessment  made 
by  the  said  Court,  or  because  of  its  failure  to  reduce  or 
abate  any  existing  assessment,  may  by  petition  appeal  to 
the  Baltimore  City  Court,  to  review  the  assessment.  The 
Mayor  and  City  Council  of  Baltimore  may  also  appeal  from 
any  decision  of  said  Court  to  the  Baltimore  City  Court  if  it 
deem  the  public  interests  require  that  the  decision  of  said 
Court  should  be  reviewed.  The  petition  in  such  an  appeal, 
other  than  the  petition  of  the  City,  shall  set  forth  that  the 
assessment  is  illegal,  specifying  the  grounds  of  the  alleged 
illegality,  or  is  erroneous  by  reason  of  overvaluation,  or  is 
unequal  in  that  the  assessment  has  been  made  by  a higher 


I 


APPEAL  TAX  COURT. 


185 


proportion  of  valuation  than  other  real  or  personal  prop- 
erty on  the  same  tax  roll,  by  the  same  officers,  and  that 
the  petitioner  is,  or  will  be,  injured  by  such  alleged 
illegality,  unequal  or  erroneous  assessment.  The  petition 
of  the  Mayor  and  City  Council  of  Baltimore  shall  set  forth 
wherein  the  decision  of  said  Court  is  erroneous  and  such 
other  facts  as  may  be  necessary  to  inform  the  Baltimore 
City  Court  of  the  claim  of  the  City.  A summons  shall  summons, 
issue  for  the  respondent  or  respondents  named  in  the 
petition  of  the  City  returnable  on  such  a day  as  the  Balti- 
more City  Court  may  appoint  for  a hearing  of  the  matter 
averred  in  such  petition.  All  such  appeals  shall  be  taken  ^shTii^be 
within  thirty  days  after  an  assessment  has  been  made  as 
aforesaid,  or  within  thirty  days  after  the  refusal  to  reduce 
or  abate  an  existing  assessment,  or  within  thirty  days 
after  the  action  of  said  Court  complained  of  by  the  City. 

On  such  appeals  the  Baltimore  City  Court  shall  appoint  a 

day  for  hearing  said  appeals,  which  shall  not  be  less  than 

five  or  more  than  thirty  days  after  the  expiration  of  the 

thirty  days’  limit  for  taking  appeals  as  aforesaid ; and 

shall  direct  the  clerk  of  the  said  Baltimore  City  Court  to 

issue  a subpoena  duces  tecum  to  the  Judges  of  said  Appeal 

Tax  Court,  requiring  them  to  produce  and  deliver  to  said 

Baltimore  City  Court  the  record  of  the  proceedings  of  the  ^coStTo"" 

said  Appeal  Tax  Court,  and  all  maps,  plats,  documents 

and  other  papers  connected  with  the  said  record  ; the  said 

Baltimore  City  Court  shall  have  full  power  to  hear  and 

fully  examine  the  subject  and  decide  on  said  appeals,  and 

for  that  purpose  it  is  hereby  authorized  and  empowered  to 

adjourn  from  time  to  time,  and  may  cause  all  or  any  of  ^ sirchlp'peais. 

such  appeals  to  be  consolidated,  or  may  hear  and  decide 

them  separately,  and  may  require  the  said  Judges  of  the 

Appeal  Tax  Court,  their  clerks,  surveyors  or  other  agents 

and  servants,  or  any  of  them,  and  all  such  other  persons 

as  the  Baltimore  City  Court  may  deem  necessary  to 

attend,  and  examine  them  on  oath  or  affirmation  ; and  may 

permit  and  require  all  such  explanations,  amendments  and 

additions  to  be  made  to  and  of  the  proceedings  as  the 

Court  shall  deem  requisite.  The  person  or  the  City 

appealing  to  the  said  Baltimore  City  Court  shall  have  a trial 


186 


APPEAL  TAX  COURT. 


daU)y  before  the  Court  without  the  intervention  of  a jury,  and  the 
foX  aint^nd^  sitting  without  a jury  shall  ascertain  or  decide  on 

menuobein-^^^  propor  assossmont,  and  shall  not  reject  or  set  aside  the 
record  of  the  proceedings  of  the  said  Judges  of  the  said 
Appeal  Tax  Court  for  any  defect  or  omission  in  either  form 
or  substance,  but  shall  amend  or  supply  all  such  defects 
and  omissions  and  assess,  increase  or  reduce  the  amount  of 
the  assessment,  and  alter,  modify  and  correct  the  records 
of  proceedings  in  all  or  any  of  its  parts,  as  the  said  Balti- 
more City  Court  shall  deem  just  and  proper,  and  shall 
cause  the  proceedings  and  decisions  on  said  appeals  to  be 
entered  in  the  book  containing  the  record  of  proceedings 
of  the  said  Baltimore  City  Court,  certified  by  the  clerk  under 
the  seal  of  the  Baltimore  City  Court,  and  the  book  to  be 
transmitted  to  the  Judges  of  the  said  Appeal  Tax  Court, 
which  shall  be  final  and  conclusive  in  every  respect,  unless 
^recorcfto be  appeal  be  taken  to  the  Court  of  Appeals.  Such  record 
im’ieis  Appeal  procccdings  therein,  or  any  part  of 

cVun‘'of  Ap-  proceedings,  whether  in  or  out  of  Court,  certified  by 
peals.  Judges  of  the  said  Appeal  Tax  Court,  under  seal  of 

said  City,  shall  be  evidence  in  any  Court  in  this  State,  and 
the  Judge  of  the  said  Baltimore  City  Court  shall  have  full 
power,  in  his  discretion,  to  require  the  cost  of  any  appeal  or 
any  part  thereof,  to  be  paid  by  all  or  any  of  the  appellants 
or  by  the  City,  as  the  circumstances  of  each  appeal,  in  his 
opinion  shall  justify.  In  no  case  shall  any  such  appeal 
Nostayof  levy,  or  suspeiid  the  power  or  duty  of  the  City  to  levy  or 
collect  taxes  upon  the  property  involved  in  said  appeal, 
but  such  levy  and  collection  shall  proceed  in  all  respects  as 
if  no  appeal  had  been  taken.  If  a final  judgment  shall  not 
be  given  in  time  to  enable  the  assessors  or  other  officers  to 
make  a new  or  correct  statement  for  the  use  of  the  proper 
Allowance  to  ^^thorities  in  levying  taxes,  and  if  it  shall  appear  from 
aiSneiif  judgment  that  said  assessment  was  illegal,  erroneous 
or  unequal,  then  there  shall  be  audited,  allowed  and  paid 
to  the  petitioner  by  the  Comptroller  the  amount,  with 
interest  thereon  from  the  date  of  the  payment,  in  excess  of 
what  the  tax  should  have  been,  as  determined  by  said 
judgment  or  order  of  the  Baltimore  City  Court.  And  if  on 
the  appeal  by  the  City  the  Baltimore  City  Court  should 


APPEAL  TAX  COURT. 


187 


decide  that  the  valuation  and  assessment  was  erroneous 
and  less  than  what  it  should  have  been,  or  that  the  prop- 
erty should  be  assessed,  the  Baltimore  City  Court  shall 
ascertain  and  fix  the  valuation  and  assessment  of  said  ment  is  in- 
property,  then  the  Comptroller  shall  audit  and  charge  the  City  Cour^, 
respondent  or  respondents  with  the  difference  in  said  val- 
nation  and  assessment  as  fixed  by  the  Baltimore  City 
Court  and  that  fixed  by  the  Appeal  Tax  Court,  which 
amount  of  difference  shall  be  a lien  on  the  property 
involved  in  the  proceedings.  An  appeal  may  be  taken  to  Appeal  to  coun 
the  Court  of  Appeals  by  either  the  petitioner  or  petitioners 
or  the  City  within  ten  days  after  the  rendition  of  said 
judgment  or  order  by  the  Baltimore  City  Court,  and  the 
record  shall  be  immediately  transmitted  to  the  Court  of 
Appeals,  which  Court  shall  immediately  hear  and  deter- 
mine the  questions  involved  in  said  appeal.** 

Monticello  Co.  v.  Mayor,  90  Md.  416,  432.  Fovvble  v.  Kemp,  92  Md. 

633.  Baltimore  City  v.  Bonaparte,  93  Md.  156.  United  Rys.  & Elec. 

Co.  V.  Baltimore  City,  93  Md.  631.  Baltimore  City  v.  Au.stin,  95  Md.  90. 

Gittings  z/.  Baltimore,  95  Md.  419.  Baltimore  City  v.  Poole  & Son,  97 
Md.  69.  Joesting  v.  Baltimore  City,  97  Md.  595.  Consol.  Gas.  Co.  v. 

Baltimore  City,  101  Md.  541. 


1900,  ch.  399. 

§170a.  If  the  Mayor  and  City  Council  of  Baltimore 
claim  to  be  aggrieved  by  any  decision  of  the  State  Tax  Mayor  and  city 
Commissioner  upon  any  valuation  and  assessment,  the  said  Bait?more^ 
Mayor  and  City  Council  of  Baltimore  may  appeal  from  said  from  de?i-^' 
decision  to  the  Comptroller  of  the  Treasury  and  State  Ta^c?Lftlfi^ 
Treasurer.  If  no  such  appeal  be  taken  within  thirty  days 
from  any  decision  of  the  Tax  Commissioner,  the  said  valu- 
ation and  assessment  shall  be  final  ; but  if  such  appeal 
shall  be  taken  within  thirty  days  from  any  decision,  there 
shall  be  stated  in  such  appeal  the  reasons  and  grounds  of 
such  appeal ; and  said  Comptroller  and  Treasurer  shall 


Abatement  oj  'faxes.  The  remedy  for  refusal  to  abate  an  assessment 
of  taxes  is  an  appeal  to  the  Baltimore  City  Court  under  section  170  of 
the  City  Charter  and  mayidaynus  will  not  lie  to  compel  abatement  by 
the  .A.ppeal  Tax  Court.  Hoffman  v.  Sams,  Daily  Record,  January  10, 
1905. 


188 


APPEAI.  TAX  COURT. 


consider  the  same,  and  if  the  Comptroller  and  Treas- 
urer shall  both  be  of  the  opinion  that  such  valuation  and 
assessment  so  made  by  the  State  Tax  Commissioner  is 
erroneous,  and  ought  to  be  changed,  they  shall  change  the 
same  accordingly,  and  the  valuation  and  assessment  so 
agreed  upon  by  the  Comptroller  and  Treasurer  shall  be 
final ; but  if  either  the  Comptroller  or  Treasurer  shall 
agree  with  the  State  Tax  Commissioner  as  to  the  correct- 
ness of  the  valuation  so  made  by  him,  then  such  appeal 
shall  be  dismissed,  and  the  original  valuation  shall  be  and 
remain  as  the  true  valuation. 

Monticello  v.  Baltimore,  90  Md.  416.  Fowble  v.  Kemp,  92  Md.  633. 


^71.  In  the  year  eighteen  hundred  and  ninety  eight, 
and  in  all  succeeding  years  thereafter,  the  valuation  of  the 
property  subject  to  taxation  in  the  City  of  Baltimore,  as  it 
shall  appear  upon  the  assessment  books  of  said  Court  on 
the  first  day  of  October  in  each  and  every  year,  shall  be 
final  and  conclusive,  and  constitute  the  basis  upon  which 
taxes  for  the  next  ensuing  fiscal  year  shall  be  assessed 
and  levied ; provided,  that  the  foregoing  provision  shall 
Provisoes.  apply  to  property  in  the  City  liable  to  taxation,  and 

which  may  have  escaped,  or  which  may  have  been  omitted, 
in  the  regular  course  of  valuation,  but  such  property  shall 
be  valued  and  assessed,  and  the  owner  or  owners  thereof 
charged  with  all  back  and  current  taxes  justly  due  there- 
on, whenever  the  same  may  be  discovered  and  placed  upon 
Appeal  Tax  the  assessment  books,  ‘ and  provided  that  the  provisions  of 
Hverstat?'  this  soction  shall  not  apply  to  the  taxes  levied  for  the  year 
Se  pVSperfy  ^i^hteen  hundred  and  ninety  eight,  after  the  passage  of 
{ecto^'aSd’  this  Article.  The  said  Court  shall,  on  the  first  day  of 
fimlfe^Sx  October,  or  as  soon  thereafter  as  practicable,  in  the  year 
Appelu  TaV"^  eighte  hundred  and  ninety  eight,  and  in  all  succeeding 

Court.  

* Note. — Shares  of  Stock  m.  domestic  corporations  are  not  “prop- 
erty” under  the  terms  of  section  171  of  the  Citj’'  Charter,  “which  when 
discovered  is  to  be  valued  and  assessed  hy  the  Appeal  Tax  Court  and 
the  owner  or  owners  thereof  charged  with  back  and  current  taxes.” 
Balto.  Chrome  Works  v.  Mayor  & C.  C.  of  Balto.  Daily  Record,  April 
19,  1904. 


COMMISSIONERS  FOR  OPENING  STREETS. 


189 


years  thereafter,  make  out  and  deliver  to  the  City  Col- 
lector and  Board  of  Estimates  each,  a statement  showing 
the  valuation  and  assessment  of  all  the  property  subject  to 
taxation  in  said  City,  as  it  shall  appear  upon  the  assess- 
ment books  of  said  Court  on  said  first  day  of  October  ; 
such  statement  shall  contain  an  alphabetical  list  of  all 
owners  to  whom  any  property  in  said  statement  has  been 
valued  and  assessed,  properly  arranged  according  to  the 
several  wards  of  the  City,  with  the  location  and  description 
of  the  property  of  each  of  said  owners.  The  said  state- 
ment shall  be  known  as  the  taxable  basis  for  the  next 
ensuing  fiscal  year,  and  after  the  levy  of  taxes,  it  shall  be 
designated  as  the  tax  roll  for  said  year.  The  said  Court 
shall  perform  such  other  duties  as  may  be  prescribed  by 
law  or  ordinances  not  inconsistent  with  this  Article.  ^ 

*Skinner  Dry  Dock  Co.  v.  Baltimore,  96  Md.  37-41.  Cochran  v. 
Carstairs,  95  Md.  509.  *Baltimore  Cit}'  v.  Jenkins,  96  Md.  193. 


COMMISSIONERS  FOR  OPENING  STREETS.** 

172.  The  Commissioners  for  Opening  Streets  shall  be  second  sub-de- 
the  second  sub-department  of  Review  and  Assessment,  RevEw“ind 
and  the  head  of  this  sub-department  shall  be  a Board  com- 
posed  of  three  persons,  appointed  by  the  Mayor  in  the 
manner  prescribed  in  section  25  of  this  Article,  and  re- 
movable as  therein  provided.  One  of  their  number  shall 
be  President,  and  shall  be  so  designated  when  appointed 
by  the  Mayor.  Their  term  of  office  shall  be  for  three 
years,  one  Commissioner  to  retire  every  year ; except  that 
the  Commissioners  first  appointed  shall  determine  by  lot 
their  terms  of  office,  so  as  to  provide  for  the  termination 
of  the  term  of  one  Commissioner  each  at  the  end  of  the 
first  and  second  years.  The  said  Commissioners  shall 
receive  a salary  of  one  thousand  eight  hundred  dollars  each 

* Note.— Compare  this  section  with  Sec.  5,  Art.  50,  City  Code 
(1892);  See  dicta  in  Hopkins  v.  Van  Wyck,  80  Md.  15,  construing 
same. 


**Note. — Sections  172  to  195,  inclusive,  under  this  sub-title,  are 
embodied  from  the  City  Code  of  1892,  Art.  48,  Secs.  1 to  27,  inclusive, 
with  slight  modifications. 


190 


COMMISSIONERS  FOR  OPENING  STREETS. 


Duties. 


Clerk  to 
Board;  sal- 
ary. 


Appointment 
of  employees. 


Clerk  to  keep 
record  of  pro- 
ceedings. 


City  Register 
or  City  Col- 
lector to  re- 
ceive assign- 
ments of  as- 
sessments 
from  parties 
allowed  dam- 
ages. 


per  annum,  payable  monthly.  The  said  Commissioners 
shall  be  charged  with  the  duty  of  opening,  extending, 
widening,  straightening  or  closing  any  street,  lane,  alley  or 
part  thereof  situated  in  Baltimore  City  whenever  the  same 
shall  have  been  directed  by  ordinance  to  be  done,  and  shall 
perform  such  other  duties  as  the  Mayor  and  City  Council 
of  Baltimore  may  by  ordinance  prescribe.  The  said  Com- 
missioners shall  appoint  a Clerk,  who  shall  be  paid  a salary 
of  one  thousand  five  hundred  dollars  per  annum,  payable 
monthly,  and  shall  perform  such  duties  as  the  Commis- 
sioners may  prescribe.  The  said  Commissioners  may  also 
appoint,  such  other  employees  as  the  Mayor  and  City 
Council  of  Baltimore  by  ordinance  may  direct,  and  fix  their 
compensation,  not  to  exceed  in  the  aggregate  the  amount 
appropriated  by  ordinance. 

McClellan  v.  Marine,  98  Md.  53. 


173.  The  Clerk  of  said  Commissioners  shall  keep  a 
record  of  their  proceedings  in  a book  provided  for  the  pur- 
pose, and  in  such  form  as  the  City  Solicitor  may  prescribe; 
and  the  said  Clerk  shall  record  in  said  book  all  orders 
made  by  the  Commissioners  in  regard  to  the  performance 
of  their  duties,  and  make  true  copies  of  all  notices  by  them 
directed  to  be  published,  and  of  the  certificate  of  the  pub- 
lication thereof,  and  shall  perform  such  other  clerical 
duties  as  the  said  Commissioners  shall  require. 

174.  When  the  said  Commissioners  shall  assess  a sum 
of  money  to  be  paid  by  any  person  or  persons,  for  benefits 
derived  by  such  person  or  persons  from  opening,  extending, - 
widening,  straightening  or  closing  any  street,  lane  or  alley, 
or  part  thereof,  and  shall  assess  a sum  of  money  to  be  paid 
to  the  same  person  or  persons  for  damages  sustained  by 
said  opening,  extending,  widening,  straightening  or  clos- 
ing, it  shall  and  may  be  lawful,  upon  a certificate  of  title 
from  the  City  Solicitor,  for  the  City  Register  or  City  Col- 
lector to  receive  from  such  person  or  persons  an  assignment 
for  the  sum  or  sums  so  assessed  as  damages  aforesaid.** 

**NoTE. — As  to  rule  in  assessing  damages  and  benefits,  see^  M.  & C.  C. 
of  Balto.  V.  Smith,  80  Md.  458. 


COMMISSIONERS  FOR  OPENING  STREETS. 


191 


175.  Whenever  the  Mayor  and  City  Council  of  Balti- 
more  shall  hereafter  by  ordinance  direct  the  Commissioners  proceed, 
for  Opening  Streets  to  lay  out,  open,  extend,  widen, 
straighten  or  close  up,  in  whole  or  in  part,  any  street, 
square,  lane  or  alley,  within  the  bounds  of  this  City,  the 
said  Commissioners,  having  given  the  notice  required  by 
law  of  their  first  meeting  to  execute  the  same,  shall  meet 
at  the  time  and  place  mentioned  in  said  notice,  and  from 
time  to  time  thereafter,  as  may  be  necessary,  to  exercise 
the  powers  and  perform  the  duties  required  of  them  by 
said  ordinance,  and  shall  ascertain  whether  any  and  what 
amount  of  value  in  damage  will  thereby  be  caused  to  the 
owner  of  any  right  or  interest  in  any  ground  or  improve- 
ments  within  or  adjacent  to  the  City  of  Baltimore,  for 
which,  taking  into  consideration  all  advantages  and  dis- 
advantages, such  owner  ought  to  be  compensated  ; and  the 
said  Commissioners  having  ascertained  the  whole  amount 
of  damages  for  which  compensation  ought  to  be  awarded, 
as  aforesaid,  and  having  added  thereto  an  estimate  of  the 
probable  amount  of  expenses  which  will  be  incurred  by 
them  in  the  performance  of  the  duties  required  of  them, 
as  aforesaid  ; and  also  of  the  expenses  incurred  by  the  City 
Register  by  reason  of  said  proceedings,  shall  proceed  to 
assess  all  the  ground  and  improvements  within  and  adja- 
cent to  the  City,  the  owners  of  which,  as  such,  the  said 
Commissioners  shall  decide  and  deem  to  be  directly  bene- ® 
hted  by  accomplishing  the  object  authorized  in  the  ordi- 
nance aforesaid  ; and  should  the  direct  benefits,  assessed 
as  aforesaid,  not  be  equal  to  the  damages  and  expenses 
incurred,  the  balance  of  said  expenses  and  damages  shall 
be  paid  by  the  City  Register,  and  provided  for  in  the 
general  levy. 

Alexander  v.  Mayor,  5 Gill  383.  Moale  v.  Mayor,  5 Md.  314. 

Hawley  v.  Ma}'or,  33  Md.  270.  Page  v.  Mayor.  34  Md.  558.  N.  C.  Ry. 

Co.  V.  Ma}w,  46  Md.  428.  Brooks  v.  Mayor,  48  Md.  265.  Central 
Savings  Bank  v.  Baltimore,  71  Md.  520-522.  Baltimore  v.  Rice,  73  Md. 

307.  Pitts  V.  Baltimore,  73  Md.  338.  Friedenwald  v.  Baltimore,  74  Md. 

116.  Burke  v.  Baltimore,  77  Md.  469.  M.  & C.  C.  of  Baltimore  v.  .Smith, 

80  Md.  458.  Shanfelterz;.  M.  & C.  C.  of  Baltimore,  80  Md.  491.  Gluck 
V.  M.  &C.  C.  of  Baltimore,  81  Md.  315.  Baltimore  City  v.  Fear,  82  Md. 

254.  Baltimore  v.  Coates,  85  Md.  531.  Gardiner  v.  Baltimore  City,  96 
Md.  361.  B.  & O.  R.  R.  Co.  v.  Baltimore  City,  98  Md.  535. 


192 


COMMISSIONERS  FOR  OPENING  STREETS. 


Where  part 
only  of  a lot 
shall  be 
taken. 


Manner  of  val 
nation. 


Notice  of  sale. 


Purchase  mon 
ey,  when  to 
be  paid. 


Act  1898,  ch.  123.  1900,  ch.  109. 

176.  In  every  case  where  it  shall  be  necessary  in  order 
to  effect  the  object  proposed  under  any  of  the  ordinances 
providing  for  the  laying  out,  opening,  widening  or  straight- 
ening in  whole  or  in  part  any  street,  square,  lane  or  alley, 
that  a portion  only  of  a lot  or  of  a lot  and  improvements 
shall  be  taken  and  used  or  destroyed,  and  the  owner  or 
owners  thereof  shall  claim  to  be  compensated  for  the  whole, 
the  said  Commissioners  in  such  cases  may,  if  they  deem  it 
best  and  not  otherwise,  accept  a surrender  in  writing  of 
the  whole  of  said  lot  and  improvements,  or  the  whole  of 
said  improvements,  from  said  owner  or  owners,  in  which 
event  the  said  Commissioners  shall  ascertain  the  full  value 
■ thereof,  as  if  the  whole  lot  or  lots  and  improvement  or  im- 
provements, as  the  case  may  be,  were  necessary  to  be 
taken  and  used  for  such  proposed  object,  and  the  whole 
amount  of  such  valuation  when  finally  decided  on  shall  be 
paid  or  tendered  to  the  said  owner  or  owners  before  any 
part  thereof  shall  be  destroyed,  removed  or  used,  unless 
such  owner  or  owners  shall  assent  thereto  in  writing,  as 
now  provided  for  by  law  ; and  the  said  Commissioners,  after 
giving  ten  days’  notice  in  two  of  the  daily  newspapers  of 
the  City  of  the  time  and  place,  manner  and  terms  of  sale, 
shall  sell  by  public  auction  to  the  highest  bidder  the  ma- 
terials of  any  house  or  houses  which  it  shall  be  necessary 
to  remove,  in  whole  or  in  part,  and  also  the  residue  of  any 
lot  of  which  a part  shall  be  taken  and  used  to  effect  the 
the  object  confided  to  the  Commissioners,  and  which  residue 
shall  have  been,  with  the  consent  of  the  Commissioners 
aforesaid,  surrendered  by  the  owners  thereof  as  aforesaid; 
the  purchase  money  to  be  paid  when  full  possession  shall 
be  given  of  the  property  or  material  so  sold,  and  the 
said  Commissioners  or  a majority  of  them  on  receiving  the 
purchase  money  aforesaid,  and  not  before,  shall  by  a good 
and  sufficient  deed  convey  the  lot  or  lots  of  ground  by  them 
so  sold  to  the  purchaser  ; but  no  such  sales  shall  be  made 
until  after  the  Commissioners  have  assessed  the  entire 
amount  of  damages  and  expenses  as  are  now  directed  to 
be  assessed  by  existing  ordinances  relating  to  the  con- 
demnation of  streets,  nor  until  all  damages  for  taking  said 


CONDEMNATION  OF  PROPERTY. 


193 


property  shall  have  been  paid  or  tendered  to  the  proper 
party  or  parties  or  invested  or  paid  into  Court  as  by  law 
required,  nor  until  the  said  Commissioners  are  ready  and 
able  to  give  possession  to  the  said  purchaser  or  purchas-  ® chlsfn 
ers  of  property  and  materials  aforesaid,  and  the  said  Com- 
missioners are  duly  empowered  to  take  and  receive  a good 
and  sufficient  bond  from  the  purchaser  or  purchasers 
aforesaid,  with  a penalty  to  the  Mayor  and  City  Council 
of  Baltimore,  conditioned  that  the  purchase  money  be  duly 
paid  at  such  time  as  the  said  Commissioners  shall  demand  the 
same,  and  conditioned  further  that  said  purchaser  or  pur- 
chasers shall  remove  within  sixty  days  after  notice  from 
the  said  Commissioners,  from  the  bed  of  the  street  all  such 
materials  so  sold,  and  all  rubbish  or  other  obstructions  in 
said  street  occasioned  thereby ; and  in  the  event  of  the 
purchaser  or  purchasers  not  complying  with  the  terms  of  of  pur- 

said  sale,  the  Commissioners  shall  re-sell  the  said  lot  or 
lots,  and  improvement  or  improvements,  as  the  case  may 
be,  at  the  risk  of  the  former  purchaser,  or  purchasers, 
giving  not  less  than  five  days^  notice  of  said  re-sale  in  two 
of  the  daily  newspapers  of  the  City  aforesaid ; provided, 
however,  that  where,  in  the  judgment  of  said  Commis- 
sioners, a part  only  of  the  whole  of  a lot  or  a part  of  the 
whole  of  the  improvements  of  any  lot  can  be  taken  with- 
out destroying  the  whole  of  said  lot  or  said  improvements, 
for  the  purpose  for  which  lot  or  improvements  are  used,  or 
for  building  purposes,  the  said  Commissioners  shall  only 
condemn  such  part  of  said  whole  lot  or  improvements 
is  necessary  for  the  proposed  object,  and  shall  award  to 
the  owner  or  owners  of  the  part  of  the  lot  or  improve-  demned. 
ments  so  taken  such  damages  and  assess  upon  the  remain- 
der thereof  such  benefits  as  in  their  judgment  shall  be 
right  and  proper ; and  provided,  further,  that  in  all  cases 
where  there  are  sheds  or  other  obstructions  lying  and 
being  in  beds  of  streets,  lanes,  roads  or  alleys,  in  process 
of  opening  or  widening,  where  the  same  will  not,  in  the 
judgment  of  the  Commissioners  for  Opening  Streets,  sell  Private  sale  of 
by  public  auction  for  the  amount  of  the  expenses  of  said 
sale,  then  the  said  Commissioners  for  Opening  Streets 


194 


COMMISSIONERS  FOR  OPENING  STREETS. 


may,  and  they  are  hereby  authorized,  to  sell  the  same  at 
private  sale.** 

M.  & C.  C.  of  Baltimore  v.  Merryman,  23  Md.  449.  Mayor  v.  Clunet, 
23  Md.  464.  Norris  v.  Balto.,  44  Md.  603.  Bernei  v.  Mayor,  Baltimore, 
56  Md.  351. 

soon  as  the  Commissioners  aforesaid  shall 
completed  the  valuation  of  damages  to  be  ascertained 
£s”sldbr"  them  as  directed  by  this  Article,  thoy  shall  cause  a 
Commission-  statement  thereof  to  be  made  out  for  the  inspection  of  all 
persons  desiring  information  of  its  contents,  and  such 
statement,  together  with  an  explanatory  map  or  maps, 
shall  contain  a description  of  each  separate  lot  or  parcel  of 
ground  deemed  to  have  sustained  damages,  its  dimensions, 
the  name  of  the  street,  lane  or  alley  on  which  it  bounds, 
the  names  of  all  persons  supposed  to  have  any  estate  or 
interest  in  it,  and  the  amount  of  damages  as  valued  by  the 
Commissioners ; and  if  there  be  any  house  or  other  im- 
provements on  it,  necessary  to  be  removed,  in  whole  or  in 
part,  such  description  thereof  as  the  Commissioners  shall 
deem  necessary  ; and  in  like  manner  a description  of  each 
parcel  of  ground  deemed  by  the  Commissioners  to  be  bene- 
fited, the  name  or  names  of  such  person  or  persons  as  may 
be  supposed  to  have  any  estate  or  interest  therein,  and 
the  amount  assessed  thereon  for  benefits ; and  the 
said  Commissioners  shall  cause  a notice  to  be  published 
for  four  successive  days  in  two  daily  newspapers  of  the 
City,  stating  the  extent  of  the  ground  covered  by  the 
assessment,  and  that  such  statement  and  maps  are  ready 
for  the  inspection  of  all  persons  interested  therein ; and 
Notice  of  meet-  that  the  Commissioners  will  meet  at  their  office  on  a day 
to  be  named  in  said  notice,  which  shall  be  within  ten  days 


**NoTE. — As  to  right  of  the  city  to  institute  condemnation  pro- 
ceedings before  street  grades  are  established,  see,  Balto.  Belt  R.  R.  Co. 
V.  Turner,  Daily  Record,  January  12,  1893. 

As  to  rule  for  valuation  of  property  in  awards  in  condemnation 
proceedings,  see,  Park  Board  v.  White,  Daily  Record,  May  25,  1893. 

The  inchoate  right  of  dower  in  fee  simple  property  to  be  considered 
in  condemning  property.  B.  & O.  R.  R-  Co.  v.  Textor,  Daily  Record, 
December  25,  1893. 


CONDEMNATION  PROCEEDINGS. 


195 


after  the  first  publication  of  such  notice,  for  the  purpose 
of  reviewing  any  of  the  matters  contained  in  such  state- 
ment to  which  any  person  claiming  to  be  interested  shall 
make  objection  ; and  the  Commissioners  shall  meet  at  the 
time  and  place  so  appointed,  and  shall  hear  and  consider 
all  such  representations  or  testimony  on  oath  or  affirmation, 
verbal  or  in  writing,  in  relation  to  any  matter  in  said 
statement  which  shall  be  offered  to  them  on  behalf  of  any  co?r^Sons. 
person  claiming  to  be  interested  therein  ; and  the  said 
Commissioners  shall  make  all  such  corrections  and  altera- 
tions in  the  valuations,  assessments  and  estimates,  and  all 
other  matters  contained  in  the  said  statements  and  explan- 
atory map  or  maps  aforesaid,  as  in  their  judgment  shall 
appear  to  them,  or  a majority  of  them,  to  be  just  and 
proper  ; and  they  may  adjourn,  from  day  to  day,  if  neces- 
sary, to  give  all  parties  claiming  a review  an  opportunity 
to  be  heard,  not  exceeding  in  the  whole  ten  days ; and 
after  closing  such  review  the  Commissioners  shall  make 
all  such  corrections  in  their  statement  and  explanatory 
map  or  maps  as  they  shall  deem  proper,  and  cause  such 
statement  as  corrected  to  be  recorded  in  their  book  of  pro- 
ceedings, and  certified  under  the  hands  and  seals  of  the 
said  Commissioners  and  their  Clerk,  and  shall  deposit  the 
same,  together  with  the  explanatory  map  or  maps,  as^^Xp'^fed 
finally  corrected  by  them,  and  similarly  certified  to  in  the  Re^ls^ten 
office  of  the  City  Register ; and  it  shall  be  the  duty  of  the 
City  Register  within  five  days  after  said  proceedings  shall 
have  been  deposited  in  his  office,  to  notify  all  persons  in- 
terested by  an  advertisement,  to  be  inserted  once  a week  advertise 
for  four  successive  weeks,  in  two  of  the  daily  newspapers  prSSdings 
of  the  City,  that  the  said  assessment  and  maps  have  been  Ippeau^^ 
so  placed  in  his  office,  and  that  the  parties  affected  thereby 
are  entitled  to  appeal  therefrom  by  petition  in  writing  to 
the  Baltimore  City  Court. 

*Central  Savings  Bank  v.  Baltimore,  71  Md.  520.  *M.  & C.  C.of  Balti- 
more V.  Smith,  80  Md.  467.  Zion  Church  v.  Baltimore,  71  Md.  524. 

178.  It  shall  be  the  duty  of  the  Clerk  of  the  Commission- 
ers for  Opening  Streets  to  serve  written  or  printed  notice 
upon  each  and  every  party  or  parties  assessed  for 


196 


COMMISSIONERS  FOR  OPENING  STREETS. 


damag-es,  caused  by  the  condemnation  and  opening  of  any 
?esS  public  highway ; provided,  however  that  the  service  of 
such  notice  shall  not  be  so  construed  as  to  be  one  of  the 
prerequisites  to  the  condemnation  and  opening  of  any 
street  under  any  ordinance  heretofore  passed,  or  hereafter 
to  be  passed. 

179.  The  Mayor  and  City  Council  of  Baltimore  or  any 
^thSSre°cuy'  P^^son  or  porsons,  or  corporations,  who  may  be  dissatisfied 
with  the  assessment  of  damages  or  benefits,  as  herein- 
before provided,  may,  within  thirty  days  after  the  return 
of  the  corrected  statement  and  map  or  maps  to  the  City 
Register,  and  the  first  publication  of  the  notice  thereof  by  the 
City  Register,  appeal  therefrom  by  petition,  in  writing,  to 
the  Baltimore  City  Court,  praying  the  said  Court  to  review 
the  same,  and  on  any  such  appeal  the  Court  may  and  shall 
appoint  a day  for  hearing  said  appeal,  which  shall  not  be 
less  than  five  or  more  than  thirty  days  after  the  expiration 
of  the  thirty  days  limited  for  taking  appeals  as  aforesaid, 
and  shall  direct  the  clerk  of  the  said  Court  to  issue  a sub- 
poena duces  tecum  to  the  City  Register,  requiring  him  to 
produce  and  deliver  to  said  Court  the  record  of  the  proceed- 
Proceedings  to  lugs  of  the  Said  Commissiouers  in  the  case,  and  all  maps, 
to  safd'ciSt;  plats,  documents  and  papers  connected  with  such  record, 
and  the  said  City  Court  shall  have  full  power  to  hear  and 
fully  examine  the  subject,  and  decide  on  the  said  appeal,  and , 
for  that  purpose  is  hereby  authorized  and  empowered  to 
adjourn  from  time  to  time,  and  may  cause  all  such  appeals 
to  be  consolidated,  or  may  hear  and  decide  them  separately, 
and  may  require  the  said  Commissioners,  their  Clerk,  Sur- 
veyor, or  other  agents  and  servants,  or  any  of  them,  and 
all  such  other  persons  as  the  Court  shall  deem  necessary, 
to  attend,  and  examine  them  on  oath  or  affirmation,  and 
may  permit  and  require  all  such  explanations,  amendments 
and  additions  to  be  made  to  and  of  the  said  record  of  the 
proceedings  as  the  said  Court  shall  deem  requisite  ; and  the 
persons  appealing  to  the  Baltimore  City  Court,  as  aforesaid, 
shall  be  secured  in  the  right  of  a jury  trial,  and  the  said 
Jury  trial.  Qourt  shall  direct  the  Sheriff  of  Baltimore  City  to  summon 
twelve  or  more  persons  qualified  to  be  jurors,  and  shall  em- 


APPEALS. 


197 


panel  any  twelve  disinterested  persons  so  summoned,  or 
attending  the  Court,  to  try  any  question  of  facts,  and  if 
necessary  to  view  any  property  in  the  city,  or  adjacent 
thereto,  to  ascertain  and  decide  on  the  amount  of  damages 
or  benefits,  under  the  direction  of  the  Court ; and  the  said 
Court  shall  not  reject  or  set  aside  the  record  of  the  pro- 
ceedings of  the  said  Commissioners  for  any  defect  or 
omission  in  either  form  or  substance,  but  shall  amend  or 
supply  all  such  defects  and  omissions,  and  increase  or 
reduce  the  amount  of  damages  and  benefits  assessed,  and 
alter,  modify  and  correct  the  said  return  of  proceedings, 
in  all  or  any  of  its  parts,  as  the  said  Court  shall  deem  just  and 
proper,  and  shall  cause  the  proceedings  and  decisions 
on  said  returns  and  appeals  to  be  entered  in  the  book  con-  Record  of  trial 
taining  the  record  of  the  proceedings  of  the  Commissioners,  Appeals, 
certified  by  the  Clerk,  under  the  seal  of  the  Court,  and  the 
book  to  be  transmitted  to  the  City  Register,  which  shall  be 
final  and  conclusive  in  every  respect,  unless  an  appeal  be ^pp^^ito court 
taken  to  the  Court  of  Appeals,  and  such  record  book,  or  a Appeals, 
copy  of  the  proceedings  therein,  or  any  part  of  such  pro- 
ceedings, whether  in  court  or  out  of  court,  certified  by  the 
City  Register  under  the  corporate  seal  of  the  City,  shall  be 
evidence  in  any  court  in  this  State,  and  the  Judge  of  the 
Baltimore  City  Court  shall  have  full  power,  in  his  dis-  costs, 
cretion,  to  add  the  reasonable  costs  of  any  appeal,  to  be 
taxed  by  him,  or  any  part  thereof,  to  the  damages  to  be 
collected  for  opening  or  closing  said  street,  or  to  re- 
quire such  cost,  or  any  part  thereof,  to  be  paid  by  all  or  by 
either  of  the  appellants,  as  the  circumstances  of  each  ap- 
peal,  in  his  opinion,  shall  justify.  Upon  every  appeal  to 
the  Baltimore  City  Court  from  any  action  of  the  Com- 
missioners for  Opening  Streets  both  the  damages  and  bene- 
fits assessed  by  the  Commissioners  to  the  appellant  shall 
be  open  for  review  and  correction  by  the  said  City  Court. 

Trustees  v.  Mayor  of  Baltimore,  2 Md.  ch.  78.  Alexander  v.  Mayor, 

Baltimore,  5 Gill  383.  Meth.  Prot.  Church  v.  Mayor,  6 Gill  391. 

Page  V.  Mayor,  34  Md.  558.  Hazlehurst  v.  Baltimore,  37  Md.  200. 

Norris  v.  Maj'or,  44  Md.  598.  Brooks  v.  Mayor  of  Baltimore,  48  Md. 

265.  Friedenwald  v.  Shipley,  74  Md.  116.  Farrell  v.  Baltimore,  75 
Md.  493.  Baltimore  v,  Coates,  85  Md.  531.  Baltimore  City  z^.  Bonaparte, 

93  Md.  161. 


198 


COMMISSIONERS  FOR  OPENING  STREETS. 


When  ordi- 
nance shall 
be  set  aside 
by  Court,  or 
repealed. 


Proceedings 
where  an  ap- 
peal shall  be 
taken,  or 
after  appeals 
are  decided. 


180.  Whenever  any  ordinance  passed  by  the  Mayor 
and  City  Council  of  Baltimore,  providing  for  the  condem- 
nation and  opening,  extending,  widening  or  closing  of  any 
street,  lane  or  alley  in  said  City,  shall  be  set  aside,  or 
declared  null  and  void*  by  a court  of  competent  jurisdic- 
tion, to  wit : the  Baltimore  City  Court  or  the  Court  of 
Appeals,  in  the  event  of  an  appeal  to  that  tribunal,  or  the 
same  shall  be  repealed  by  the  City,  it  shall  be  the  duty  of 
the  Comptroller  immediately  thereafter  to  draw  his 
warrant  on  the  City  Register  in  favor  of  any  and  all 
persons,  or  their  legal  representatives,  who  may  have  paid 
into  the  City  Treasury  any  sum  or  sums  of  money  on 
account  thereof  ; which  shall  be  forthwith  paid  out  of  any 
sums  in  the  Treasury  not  otherwise  appropriated.  The 
Comptroller  shall  likewise  draw  his  warrant  on  the  City 
Register  for  the  payment  of  all  expenses  which  may  have 
been  incurred  by  virtue  of  any  such  ordinance,  in  carrying 
out  the  provisions  thereof,  for  which  the  City  may  be 
liable  under  existing  ordinances. 

181.  If  no  appeal  shall  have  been  prayed,  then  within 
ten  days  after  the  time  hereinbefore  limited  therefor,  or 
after  the  return  of  the  decision  upon  any  appeal  shall  have 
been  made  to  the  City  Register,  the  said  City  Register 
shall  transfer  the  said  Commissioners’  return  to  the  City 
Collector,  who  shall  proceed  forthwith  to  notify  the  parties 
assessed  for  benefits  by  means  of  bills  specifying  the 
several  sums  so  assessed,  and  warning  them  that  if 
the  same  be  not  paid  within  three  months  from  the  date 
of  such  transfer  of  said  Commissioners’  returns,  he  will 
proceed  to  sell  the  specific  pieces  or  parts  of  property  on 
which  such  unpaid  sum  or  sums  of  money  shall  have  been 
assessed,  in  the  manner,  and  after  having  given  the  notice 
directed  by  this  Article. 

State  ex  rel  Henderson  v.  Taylor,  59  Md.  338.  see^  decision  of  Brown 
C.  J.  Cit}’^  Court  in  re  Webster  v.  Mayor,  October  16,  1874. 


*Note. — As  to  power  of  Court  of  Equity  to  restrain  enforcement  of  a 
void  ordinance,  see^ 

M.  & C.  C.  of  Balto.  V.  Grand  Lodge,  44  Md.  437. 


SALES  OF  PROPERTY  CONDEMNED. 


199 


182.  If  the  sums  assessed  upon  the  property  specified 

shall  not  be  paid  within  the  time  above  limited,  the  City  assl?sld“re 
Collector  is  hereby  directed  to  sell  the  property,  or  any 
part  thereof,  on  which  such  assessment  has  been  laid,  giv- 
ing thirty  days’  notice  of  said  sale,  in  two  of  the  daily 
newspapers  published  in  the  City  of  Baltimore,  the  first 
insertion  of  said  notice  to  be  made  in  said  newspapers 
within  sixty  days  after  the  expiration  of  the  time  limited 
in  this  Article  for  the  payment  of  said  benefits ; and  the 
moneys  so  collected  by  the  City  Collector  shall  be  paid  over 
by  him  to  the  City  as  other  moneys  are  directed  to  be 
paid  over,  to  be  by  it  paid  to  the  persons  entitled  to  re- 
ceive the  same. 

*M.  & C.  C.  of  Baltimore  v.  Grand  Lodge,  44  Md.437.  *Zion  Church 
V.  Mayor,  71  Md.  524.  P.,  W.  & B.  R.  R.  Co.  v.  Shipley,  72  Md.  88. 

183.  In  all  cases  in  which  the  City  Collector  shall  sell  How  sales  shall 

. j /•  j 1 If  he  made. 

any  property  on  acccount  of  the  non-payment  of  assess- 
ments made  for  the  opening,  closing,  widening  or  exten- 
sion of  any  street,  lane  or  alley,  it  shall  be  his  duty  to  sell 
said  property  to  the  extent,  and  subject  to  the  same  con- 
ditions which  are  provided  by  ordinance  for  the  sale  of  real 
estate  in  the  City  of  Baltimore,  charged  with  the  payment 
of  other  taxes  imposed  by  this  corporation  ; and  in  the 
event  of  the  purchaser  or  purchasers  failing  forthwith  to 
comply  with  the  terms  of  said  sale,  the  City  Collector  shall 
re-sell  the  same  at  the  risk  of  the  former  purchaser,  giv- 
ing not  less  than  ten  days’  notice  in  two  of  the  daily  news- 
papers of  the  City  aforesaid ; and  after  collecting  the 
benefit  assessments  he  shall  forthwith  return  the  said  Com- 
missioners’ proceedings  to  the  Comptroller. 

184.  The  City  Collector,  on  receiving  the  full  amount  Deed  to  pur- 
of  the  purchase  money  on  such  sale,  shall  execute  a deed 

of  conveyance  in  favor  of  the  purchaser  or  purchasers,  or 
their  assign  or  assigns,  which  deed  shall  convey  a fee  simple 
or  leasehold  estate,  as  the  case  may  be,  in  and  to  such  proper- 
ty, and  after  deducting  the  costs  of  sales,  advertising  and 
other  necessary  expenses,  he  shall  pay  the  balance  of  such 


200 


COMMISSIONERS  FOR  OPENING  STREETS. 


purchase  money  to  the  City,  which  shall  pay  over  the  said 
balance,  after  deducting  the  amount  assessed  on  said 
property,  to  the  person  or  persons  entitled  thereto,  on 
demand  without  interest. 

Carter  v.  Woolfork,  71  Md.  283. 

Assessments  to  sums  of  money  assessed  by  the  Commissioners 

plidf”*  aforesaid,  upon  property  deemed  by  them  to  be  benefited, 
shall  be  and  continue  liens  on  each  several  piece  of  property 
so  assessed,  to  the  amount  of  its  particular  assessment,  until 
the  same  shall  be  paid  to  the  City ; but  no  part  of  any 
street,  square,  lane  or  alley  shall  be  opened  on  or  over  the 
ground  of  any  person  or  persons,  or  corporation,  adjudged 
by  the  Commissioners  to  be  entitled  to  damages  for  said 
opening,  without  the  consent,  in  writing,  of  the  person  or 
corporation  so  entitled,  until  such  damages  shall  be  paid, 
or  the  amount  thereof  invested  in  the  City  stock,  for  the 
use  of  each  person  or  corporation  entitled  to  any  part  of 
the  compensation  for  such  damages,  to  the  amount  of  his, 
her  or  their  respective  right  and  interest  therein,  of  which 
investment  the  City  Register's  certificate,  under  the  cor- 
porate seal  of  the  City,  shall  be  competent  proof. 

Gould  V Mayor,  59  Md.  378.  Central  Savings  Bank  v.  Baltimore,  71 
Md.  517.  Zion  Church  v.  Baltimore  City,  71  Md.  524. 

^mSd“parties  Any  porson  or  persons  not  claiming  title  to  any 

of  benefits,  lot  or  pioco  of  property  upon  which  any  sums  shall  be 
assessed,  as  aforesaid,  may  pay  the  amount  of  the  sum  so 
assessed,  within  the  time  limited,  to  the  City  Register,  and 
obtain  his  certificate  of  having  paid  such  sum  without 
claiming  title  to  the  property  ; and  such  payment  shall  vest 
in  the  person  or  persons  paying  his,  her  or  their  heirs,  the 
lien  on  such  lot  or  property  mentioned  in  this  Article. 

state  ex  rel^  Henderson  v.  Taylor,  59  Md.  338. 

Commissioners  187.  If  it  should  so  happen  that  anyone  or  more  of  said 
cases!^^^  Commissioners  should  be  interested  in  any  particular  case, 
the  Mayor  shall  make  a temporary  appointment  of  a Com- 
missioner or  Commissioners,  to  act  in  the  place  and  stead 


EXPENSES  OF  CONDEMNATION  PROCEEDINGS. 


201 


of  such  interested  Commissioner  or  Commissioners,  who 
shall  take  the  oath  or  affirmation,  as  the  case  may  be,  and 
in  all  respects  conduct  himself  and  have  all  the  powers  as 
the  other  Commissioners  who  are  appointed  by  the  Mayor. 


188.  Whenever  any  lot,  or  part  of  a lot,  or  parcel  of  Fee  and  lease- 
around  may  be  taken  and  included  within  the  lines  of  any  distin- 

,11  1 r.  1 1 1 guished. 

street,  lane  or  alley,  or  part  thereof,  and  damages  assessed 
therefor,  and  there  shall  be  an  outstanding  unexpired 
term  of  years  therein,  the  said  Commissioners  shall  dis- 
criminate in  their  proceedings  between  the  value  of  fee 
simple  or  ground  rent  interest,  and  the  leasehold  interest. 

Mayor,  etc.  v.  Rice,  73  Md.  307.  Gluck  v.  Ma}^or,  81  Md.  315. 


189.  Whenever  any  obstruction  shall  have  remained  in  obstructions  to 
any  street,  lane  or  alley,  or  part  thereof  so  opened,  for  the 
space  of  sixty  days  after  the  proceedings  of  the  said  Com- 
missioners shall  have  been  returned  to  the  City  Register, 
it  shall  be  the  duty  of  said  Commissioners  to  cause  the 
same  to  be  removed,  and  to  draw  on  the  Register  for  the 
expense  so  incurred,  which  shall  be  paid  by  him,  and  the 
Mayor  shall  forthwith  cause  a suit  for  the  recovery  of  said  suit  for  ex- 
expenses  to  be  instituted  against  the  person  or  persons  by 
whose  default  the  said  obstruction  has  been  suffered  to  re- 
main, and  the  same,  when  recovered,  shall  be  paid  to  the 
Register  for  the  use  of  the  City. 


190.  In  each  case  of  laying  out,  opening,  extending,  per  diem  to 
widening,  straightening  or  closing  up,  in  whole  or  in  part,  ers  to  be 
any  street,  square,  lane  or  alley,  under  the  provisions  of  ' 

this  Article,  the  said  Commissioners  shall,  for  each  and 
every  day  in  which  they  and  their  Clerk  shall  be  actually 
engaged  in  the  performance  of  their  duties,  assess,  as  part 
of  the  expenses  of  their  proceedings,  a per  diem  as  to  each 
of  said  Commissioners  and  their  Clerk,  of  four  dollars,  to 
be  collected  as  other  expenses  are,  and  to  be  paid  to  the 
Register  for  the  use  of  the  City. 


202 


COMMISSIONERS  FOR  OPENING  STREETS. 


City  Register 
to  pay  ex- 
penses. 


Books  and  pa- 
pers to  be 
deposited 
with  City 
Register. 


Deeds  of  gift 
to  City  from 
owners  of 
beds  of 
streets  and 
alleys. 


Proviso. 


Such  streets 
and  alleys  to 
be  public 
highways. 


191.  When  the  proceedings  of  the  Commissioners  for 
Opening  Streets  in  any  case  are  transferred  by  the  City 
Register,  to  the  City  Collector,  the  City  Register  is  author- 
ized and  required  to  pay  all  the  expenses  incurred  by  the 
Commissioners  under  the  said  proceedings.  But  such  ex- 
penses shall  not  remain  unpaid  more  than  six  months  after 
the  completion  of  any  services  performed  under  said 
ordinance  ; and  the  Comptroller  and  Register  are  directed 
to  pay,  within  six  months  after  the  services  have  been 
completed,  any  such  expenses,  upon  presentation  of  the 
proper  vouchers  or  certificates  from  the  Commissioners  for 
Opening  Streets. 

192.  The  Commissioners  for  Opening  Streets,  so  soon 
as  they  shall  have  completed  their  work  on  each  street, 
shall  deposit  all  papers  and  books  relating  thereto  in  the 
office  of  the  City  Register.  The  said  Commissioners  shall 
perform  such  other  duties  as  may  be  required  of  them  by 
ordinances  not  inconsistent  with  this  Article. 

193.  Whenever  the  owner  or  owners  of  the  bed  of  any 
of  the  streets,  lanes  or  alleys  of  the  City,  as  laid  out  on 
Poppleton’s  plat,  or  on  such  plat  as  the  City  may  adopt, 
for  the  territory  annexed  under  the  Act  of  1888,  Chapter 
98,  shall  offer  to  convey  the  same  to  the  City,  it  shall  be 
the  duty  of  the  Mayor  to  obtain  the  opinion  of  the  City 
Solicitor  in  relation  to  the  title  to  the  property  and  the  le- 
gality of  the  deed  or  deeds,  and,  if  in  the  opinion  of  the 
Mayor,  it  will  be  right  and  proper,  and  the  public  good 
will  result  therefrom,  he  is  hereby  authorized  to  receive,' 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
any  deed  or  deeds  so  offered  to  the  City ; provided,  that 
no  deed  shall  be  for  less  than  one  whole  square,  and  that 
the  City  shall  not  incur  any  expense  in  receiving  the  same; 
and  that  a plat  setting  forth  the  location,  together  with 
the  surrounding  property,  to  the  extent  of  two  hundred 
feet,  shall  accompany  said  deed. 

1 94.  Whenever  any  street,  lane  or  alley,  or  part  thereof, 
shall  be  conveyed  to  the  City,  as  provided  in  the  preceding 


CITY  LIBRARIAN. 


203 


section,  the  same  shall  be  a public  highway,  subject  to  all 
ordinances  and  resolutions  relating  to  streets,  lanes  and 
alleys  in  the  City  of  Baltimore. 

195.  The  Mayor  and  City  Council  of  Baltimore  will  not  Petitioners  to 
entertain  any  petition  for  or  remonstrance  against  the 
opening,  widening,  straightening  or  closing  of  any  street,  of  thSr  prop- 
lane, or  alley  in  the  City  of  Baltimore,  unless  the  signers 

of  such  petition  or  remonstrance  shall  state  the  location  of 
the  property  they  represent,  together  with  the  number  of 
front  feet  of  the  same. 

MUNICIPAL  OFFICERS 
NOT  INCLUDED  IN  ANY  DEPARTMENT. 

CITY  LIBRARIAN* 

196.  There  shall  be  an  official  of  the  Mayor  and  City  ms  appoint- 
Council  of  Baltimore,  to  be  known  as  the  City  Librarian. 

He  shall  be  appointed  by  the  Mayor  in  the  manner  pre- 
scribed in  section  25  of  this  Article  and  hold  his  office  as 
therein  provided.  The  said  Librarian  shall,  under  the  Duties, 
supervision  and  direction  of  the  City  Register,  take  under 
his  charge  and  keeping  all  the  books  and  documents  of 
every  description,  and  the  archives,  records,  papers  and 
proceedings  of  the  Mayor  and  City  Council  of  Baltimore, 
except  as  is  otherwise  herein  provided,  now  in  the  pos- 
session of  other  municipal  officers,  entrusted  with  them  by 
the  City,  or  which  may  hereafter  come  into  the  possession 
of  the  City,  and  also  all  the  ordinances,  resolutions,  and  pro- 
ceedings of  the  City  Council  after  each  and  every  session 
thereof  ; and  he  shall  arrange  and  classify,  so  as  to  be 
easily  found  when  needed,  all  the  books,  documents, 
records,  papers,  ordinances  and  resolutions,  and  proceed-  serve  munici- 
ings  hereby  placed  and  hereafter  to  come  under  his  charge  documents, 
and  keeping ; and  he  shall  furthermore  carefully  collect  ’ 
and  arrange  and  safely  keep  a complete  series  of  ordinances 


*Note. — The  provisions  of  the  Charter  in  relation  to  the  City 
Librarian  and  his  duties  were  largely  embodied  from  Art.  xxxii  of  the 
Baltimore  City  Local  Code  (1893). 


204 


CITY  LIBRARIAN. 


and  resolutions  and  proceedings  of  the  Mayor  and  City 
Council  of  Baltimore,  and  all  other  books,  papers  and  mem- 
orials relating  to  Baltimore,  from  its  beginning  as  a town 
to  the  present  time,  and  this  shall  continue  to  be  one  of 
his  regular  duties,  and  he  shall  not  permit  any  book  or 
books,  or  documents  of  said  series  to  be  taken  or  removed 
by  any  one  from  the  City  Library,  and  he  shall  permit  no 
other  book,  document,  record  or  paper  of  any  sort  to  be 
taken  from  the  City  Library,  except  by  City  officers,  and 
then  only  on  a written  receipt  from  such  City  officer  or 
officers  for  the  same,  which  receipt  shall  be  written  in  a 
book  to  be  kept  for  that  purpose,  and  shall  be  duly  can- 
celled on  the  return  of  the  book,  documents,  records  or 
papers  so  borrowed  ; and  he  shall  see  that  no  books,  docu- 
ments, records  or  papers  of  any  sort  be  lost  or  mislaid  by 
said  City  officers  ; he  shall  also  carefully  prepare  and  keep 
an  index  for  that  purpose  of  all  the  books,  documents,  records 
and  papers  of  said  library.  Room  shall  be  provided  in  the 
City  Hall,  and  properly  furnished  for  the  reception  and 
Salary  and  custody  of  Said  library.  The  salary  of  the  City  Librarian 
shall  be  one  thousand  five  hundred  dollars  per  annum,  pay- 
able monthly  ; and  he  shall  give  a good  and  sufficient  bond, 
to  be  approved  as  authorized  by  this  Article,  in  the  sum  of 
five  thousand  dollars,  for  the  faithful  performance  of  his 
duties  in  the  premises.** 


1906,  ch.  111. 

stationery  and  197.  Euch  of  the  departments,  sub-departments  muni- 
te^^^quSd  cipal  officers  not  embraced  in  a department  and  special 
partmetts.  commissions  or  boards  of  the  Mayor  and  City  Council  of 
Baltimore  shall,  on  or  before  the  first  day  of  December  in 
every  year,  furnish  to  the  City  Librarian  a schedule  of  all 
stationery  and  printed  matter,  which  may  be  required  for 
the  use  of  such  departments,  sub-departments,  municipal 
officers  and  commissions  or  boards  for  the  year  commencing 
on  the  first  day  of  January  thereafter.  It  shall  be  the  duty 


**NoTE. — In  relation  to  ancient  municipal  documents  and  who  is  the 
proper  custodian,  see,  Bing  v.  M.  & C.  C.  of  Baltimore,  Daily  Record 
April  3,  1889. 


CITY  LIBRARIAN. 


205 


of  the  City  Librarian,  twenty  days  prior  to  the  first  day  of 
January  in  each  year,  to  advertise  for  proposals  for  fur- 
nishing all  such  stationery  and  printed  matter  as  may  be 
required  by  the  respective  departments,  sub-departments, 
municipal  officers  and  commissions  or  boards  of  the  City, 
for  the  ensuing  fiscal  year,  subject  to  the  provisions  of 
Sections  14  and  15  of  this  Article.  All  contracts  which 
may  be  awarded  in  pursuance  of  the  provisions  of  this  sec-  ®"?cove“r 
tion  shall  contain  a clause  stipulating  that  any  stationery 
or  printed  matter  which  may  be  required  for  the  use  of  any 
department,  municipal  officers  and  commissions  or  boards 
aforesaid  of  the  City,  over  and  above  the  quantity  specially 
designated  in  said  contracts,  shall  be  furnished  by  the 
contractors  at  the  same  rate  charged  for  articles  which  are 
specially  mentioned  in  said  contracts,  and  if  any  supplies 
are  required  which  are  not  mentioned  in  said  contract  they 
shall  be  furnished  at  the  lowest  market  rates.  It  shall  be  ^ . 

the  further  duty  of  the  City  Librarian  to  furnish  to  each  ^ furnish 

^ 1 . stationery  to 

of  the  departments  of  the  City,  sub- departments,  munici- 
pal  officers  not  embraced  in  a department  and  special  com- 
missions or  boards,  from  time  to  time,  upon  the  requisition 
of  the  heads  of  said  departments,  sub-departments,  muni- 
cipal officers  and  commissions  or  boards,  the  stationery  and 
printed  matter  which  may  be  necessary  for  the  use  of  said 
departments,  sub-departments,  municipal  officers  not  em- 
braced in  a department  and  special  commissions  or  boards  „ , 
and  to  keep  an  accurate  account  of  all  supplies  which  may 
be  furnished ; and  he  shall  annually  report  to  the  City  wished. 
Council  of  Baltimore  the  quantity  of  stationery  and  printed 
matter  which  he  shall  have  furnished  to  the  i^^spective 
departments,  sub-departments,  municipal  officers  and  com-  council, 
missions  or  boards  during  the  preceding  fiscal  year  and  the 
expense  of  the  same.  * 

198.  The  City  Librarian  is  hereby  authorized  and 
directed  to  appoint  two  assistants,  to  be  known  as  First 

*Note. — As  to  powers  of  Mayor  and  City  Council  of  Baltimore  in  re- 
lation to  contracts  for  stationery  prior  to  Act  1906,  ch.  Ill,  see,  Baltimore 
V.  Weatherby,  52  Md.  442,  and  cases  cited  under  sections  14  and  15  of 
the  Charter,  ante,  pages  98  and  99. 


206 


CITY  LIBRARIAN. 


^ond^AssSt-'  Assistant  Librarian  and  Second  Assistant  Librarian,  who 
fan  shall  perform  such  duties  as  the  Librarian  shall  from  time 

Sfis’  time  prescribe  and  direct,  and  for  whose  acts  the  Libra- 

rian shall  be  held  responsible.  The  First  Assistant  shall 
give  such  bond  as  provided  by  ordinance  and  approved  by 
the  Mayor.  In  the  event  of  the  necessary  absence  of  the 
Librarian,  from  sickness  or  other  cause,  the  First  Assistant, 
with  the  approbation  of  the  Mayor,  shall  have  full  power 
and  authority  to  perform  all  the  duties  of  the  Librarian. 
The  salary  of  the  First  Assistant  Librarian  shall  be  nine 
hundred  dollars  per  annum,  payable  monthly,  and  the  salary 
of  the  Second  Assistant  shall  be  seven  hundred  and  fifty 
dollars  per  annum,  payable  monthly. 


Record  to  be  190.  There  shall  be  opened,  under  the  direction  of 

kept  of  requi- 

sitions  filled,  the  City  Librarian,  a set  of  books  in  which  shall  be 
entered  all  requisitions  made  upon  the  City  Librarian 
from  the  different  departments,  sub-departments,  muni- 
cipal officers  and  commissions  or  boards  of  the  Mayor  and 
City  Council  of  Baltimore,  from  time  to  time,  and  each 
department,  sub-department,  municipal  officer  and  commis- 
sion or  board  shall  be  charged  with  all  books,  stationery 
and  printed  matter  it  may  receive  from  said  Librarian ; 
there  shall  be  kept  a record  of  all  bids  received  for  books, 
stationery  and  printed  matter  and  of  the  acceptance  or 
rejection  thereof.  The  City  Librarian  shall  permit  no  bid 
once  filed  in  his  office  to  be  withdrawn  therefrom.  There 
^ shall  be  copied  and  filed  away  all  contracts  made  or  entered 

into  between  bidders  and  the  City  Librarian ; and  there 
shall  be  annually  prepared  a general  statement  of  all  the 
transactions  of  the  City  Librarian’s  office,  and  presented 
to  the  City  Council. 


When  library  200.  The  City  Library  shall  be  kept  open  daily  from  9 
shall  be  kept  ^ ^ ^ during  the  sessions  of  the  City 

Council  and  at  such  other  times  as  may  be  necessary  or 
may  be  prescribed  by  ordinance,  with  the  Librarian  or  his 
Assistants  in  attendance. 


ART  COMMISSION. 


207 


ART  COMMISSION. 

201.  There  shall  be  an  Art  Commission,  to  consist  of 

the  Mayor  of  the  City  of  Baltimore  and  seven  others,  to  be 
named  by  the  following  institutions,  and  appointed  by  the 
Mayor  in  the  manner  prescribed  by  section  25  of  this 
Article,  and  hold  their  offices  as  therein  provided : One 

shall  be  named  by  the  Maryland  Historical  Society,  one  by 
the  Johns  Hopkins  University,  one  by  the  Peabody  Insti- 
tute, one  by  the  Maryland  Institute  for  the  Promotion  of 
the  Mechanic  Arts,  one  by  the  Architectural  Club  of  Balti- 
more, one  by  the  Board  of  Park  Commissioners,  and  one 
by  the  Charcoal  Club ; the  members  of  the  Commission 
shall  serve  without  pay.  If  any  of  said  institutions  shall 
fail  to  name  a Commissioner  for  thirty  days  after  having 
been  requested  in  writing  by  the  Mayor  so  to  do,  the  Mayor 
shall  name  such  Commissioner. 

202.  No  statue,  ornamental  fountain,  arch  or  gateway,  to  approve 

’ ’ ® ’ sites,  designs, 

monument  or  memorial  ot  any  kind  shall  be  erected,  nor  etc.,  of  public 

improve- 

any  change  made  in  those  already  erected  in  any  public  “ents. 
street,  avenue,  square,  place,  park  or  municipal  building 
in  the  City  of  Baltimore  unless  the  design  and  site  or  pro- 
posed change  for  the  same  shall  have  been  submitted  to 
the  Commission  and  approved  by  a majority  thereof,  and  its 
report  shall  have  been  made  to  the  City  Council ; said  re- 
port shall  be  made  within  thirty  days  from  the  time  when 
the  design  and  site  or  proposed  change  as  above  specified 
shall  have  been  submitted  to  the  Commission  for  its 
approval. 

203.  The  Commission  shall,  at  the  request  of  the  Mayor, 

or  the  City  Council,  give  its  advice  as  to  the  suitability  of  gj^uct^res 
the  design  for  any  public  building,  bridge  or  other  struct- 
ure, and  shall  report  thereon  in  writing  to  the  City  Council. 

All  vacancies  in  said  Commission  shall  be  filled  by  the 
Mayor  from  those  named  by  the  institutions  as  herein  pro- 
vided ; and  in  case  any  of  said  institutions  fail  for  thirty 
days,  after  receiving  the  request  of  the  Mayor,  to  name  a 
person  to  fill  the  said  vacancy,  the  Mayor  shall  fill  it  with  vacancies, 
a person  of  his  own  selection. 


208 


SUPERINTENDENT  OF  RAMPS  AND  RIGHTING. 


Appointment. 


Duties. 


To  have  ap- 
pointment 
subordi- 
nates. 


Compensation 
of;  salaries  o: 
subordi- 
nates. 


When  to  be 
elected. 


SUPERINTENDENT  OF  LAMPS  AND  LIGHTING. 

204.  There  shall  be  a Superintendent  of  Lamps  and 
Lighting,  who  shall  be  appointed  by  the  Mayor  in  the  man- 
ner prescribed  in  section  25  of  this  Article,  and  hold  his 
office  as  therein  provided.  He  shall  have  under  his  charge 
and  supervision  the  lighting  of  the  City  of  Baltimore, 
and  shall  perform  the  duties  now  performed  by  the  General 
Superintendent  of  Lamps  and  Inspector  and  Sealer  of  Gas 
Meters,  and  such  other  duties  as  may  be  prescribed  by 
ordinances,  not  inconsistent  with  this  Article.  He  shall 
have  power  to  appoint  an  assistant,  who  shall  perform  all 
the  duties  now  performed  by  the  Inspector  of  Illuminating 
Gas  and  Oils.  The  Superintendent  of  Lamps  and  Lighting 
shall  have  the  power  to  appoint  such  number  of  district 
superintendents  of  lamplighters  as  the  requirements  of  the 
City  may  demand  and  as  are  necessary  to  properly  care  for 
the  lamps  and  lighting  of  the  City,  and  fix  their  compen- 
sation, not  to  exceed  in  the  aggregate  the  amount  appro- 
priated by  ordinance.  He  shall  have  power  to  appoint 
such  clerks  and  employees  as  may  be  necessary  to  properly 
conduct  his  office,  and  as  the  annual  appropriations  of  the 
City  for  his  use  in  the  discharge  of  his  duties  may  warrant. 
The  compensation  of  the  Superintendent  of  Lamps  and 
Lighting  shall  be  two  thousand  dollars  per  annum,  payable 
monthly,  and  his  assistants  and  the  clerks  and  employees 
under  him  shall  be  paid  such  fixed  salaries  as  may  be  pre- 
scribed by  ordinance,  and  not  in  fees  ; all  fines  and  inspec- 
tion fees  shall  be  paid  to  the  Comptroller. 

American  Righting  Co.  v.  McCuen,  92  Md.  705. 


SURVEYOR. 

P.  R.  R.,  (1860)  Art.  4,  Sec.  865.  P.  R.  R.,  (1888)  Art.  4,  Sec.  825. 

205.  There  shall  be  a Surveyor,  to  be  elected  on  the 
Tuesday  next  after  the  first  Monday  in  November  in  the 
year  eighteen  hundred  and  ninety-nine,  and  on  the  same 
day  in  every  second  year  thereafter,  and  whose  term  of 
office  shall  commence  on  the  first  Monday  in  January  next 
ensuing  after  his  election ; his  duties  and  compensation 


PUBI.IC  PRINTER. 


209 


shall  be  prescribed  by  the  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore.  Any  vacancy  in  the  office  of 
Surveyor  shall  be  filled  by  the  Mayor  and  City  Council  of 
Baltimore  for  the  residue  of  the  term. 

Baltimore  City  v.  Ivytnan,  92  Md.  610. 

CONSTABLES. 

206.  There  shall  be  two  constables  for  every  ward  of '^'obeappoint- 

ed  bi-enni- 

the  City  of  Baltimore,  who  shall  be  appointed  by  the  aiiy;  duties 
Mayor  and  City  Council  of  Baltimore  and  hold  their  offices  sation. 
for  two  years.  Their  duties  and  compensation  shall  be 
the  same  as  are  now,  or  may  hereafter  be  prescribed  by 
law  or  ordinances. 

SUPERINTENDENT  OF  PUBLIC  BUILDINGS. 

207.  There  shall  be  a Superintendent  of  Public  Build-  Appointment, 
ings,  who  shall  be  appointed  by  the  Mayor  in  the  manner 
prescribed  in  Section  25  of  this  Article,  and  hold  his  office 

as  therein  provided.  The  said  Superintendent  of  Public  Duties. 
Buildings  shall  provide  for  the  watching,  cleaning  and 
heating,  and  shall  have  charge  of,  the  City  Hall  and  the 
buildings  and  offices  in  which  the  different  Courts  of  the 
City  may  be  held  and  in  which  their  records  may  be  kept. 

He  shall  receive  a salary  of  one  thousand  five  hundred  salary, 
dollars  per  annum,  payable  monthly,  and  perform  such 
other  duties  as  may  be  provided  by  ordinances,  not  incon-  ^ 
sistent  with  this  Article.  He  shall  employ  such  assistants  employees, 
and  employees,  and  at  such  compensation  as  may  be  fixed 
by  ordinance. 


PUBLIC  PRINTER. 

208.  There  shall  be  a Public  Printer,  who  shall  be  ^ 
elected  on  the  second  Monday  of  June,  in  the  year 
eighteen  hundred  and  ninety-nine,  and  on  the  same  day 
and  month  in  every  second  year  thereafter,  by  a conven- 
tion of  both  Branches  of  the  City  Council.  The  Public 
Printer  shall  be  a reputable  person,  firm  or  corporation, 
who  shall  be  hona  fide  engaged  in  the  printing  business  in 


210 


DEPARTMENT  OF  EEGISEATIVE  REFERENCE. 


Duties. 


Bond. 


Department  of 
legislative 
Reference: 
composition 
of. 


Competent 
statistician 
to  be  em- 
ployed. 


Duty  of  such 
executive 
ofl&cer. 


the  City  of  Baltimore,  to  execute  the  printing  required  by 
both  Branches  of  the  City  Council,  who  shall  perform  the 
duties  required  of  him,  them  or  it  by  ordinances  not  incon- 
sistent with  this  Article,  and  who  shall,  before  he,  they  or 
it  enter  upon  the  discharge  of  his,  their  or  its  duties  as 
such,  execute  a bond  to  the  Mayor  and  City  Council  of 
Baltimore,  in  the  penal  sum  of  five  thousand  dollars,  with 
the  condition  that  he,  they  or  it  will  faithfully  discharge 
the  several  duties  incumbent  upon  him,  them  or  it,  which 
bond  shall  be  deposited  in  such  place  as  the  Mayor  may 
select  for  depositing  papers  of  this  kind,  and  be  delivered 
by  him  to  his  successor  in  office. 

Baltimore  City  v.  Lyman,  92  Md.,  610. 


1906,  ch.  565. 

208A.  There  shall  be  a Department  of  Legislative  Ref- 
erence of  the  Mayor  and  City  Council  of  Baltimore.  The 
head  of  said  Department  shall  consist  of  a Board  com- 
posed of  the  Mayor  of  Baltimore,  the  City  Solicitor,  the 
President  of  the  Johns  Hopkins  University,  the  President 
of  the  Municipal  Art  Society,  and  the  President  of  the 
Merchants  and  Manufacturers’  Association  of  Baltimore 
City,  and  the  members  of  the  said  Board  shall  serve  with- 
out pay.  The  said  Board  shall  employ  a competent 
statistician  as  its  executive  officer  to  organize  and  conduct 
the  said  Department,  and  the  said  executive  officer  shall 
hold  office  from  the  first  day  of  January,  1907,  during  good 
behavior,  and  shall  be  subject  to  removal  by  the  said 
Board  or  a majority  thereof,  for  incompetence  or  neglect 
of  duty. 


1906,  ch.  565. 

208B.  It  shall  be  the  duty  of  said  executive  officer  to 
investigate  and  report  upon  the  laws  of  this  and  other 
States  and  Cities  relating  to  any  subject  upon  which  he 
may  be  requested  to  so  report  by  the  Mayor  of  Baltimore, 
any  Committee  of  the  City  Council  or  the  head  of  any  City 
Department;  to  accumulate  all  data  obtainable  in  relation 
to  the  practical  operation  and  effect  of  such  laws ; to 


LEGISI.ATIVE  department — CITY  COUNCIL. 


211 


investigate  and  collect  all  available  information  relating  to 
any  matter  which  is  the  subject  of  proposed  legislation  by 
the  General  Assembly  of  Maryland,  or  the  City  Council  of 
Baltimore ; to  examine  acts,  ordinances  and  records  of 
any  State  or  City,  and  report  the  result  thereof  to  the  May- 
or of  Baltimore,  any  Committee  of  the  City  Council  or  the 
head  of  any  City  Department  requesting  the  same  ; to  pre-  ^ p^p'^irltion 
pare  or  advise  in  the  preparation  of  any  bill,  ordinance  or 
resolution  when  requested  so  to  do  by  any  member  of  the 
City  Council ; to  preserve  and  collect  all  information  ob- 
tained, carefully  indexed  and  arranged  so  as  to  be  at  all 
times  easily  accessible  to  City  officials  and  open  to  the  inspec- 
tion of  the  general  public  ; to  perform  such  other  duties  as ac- 
thesaid  Board  may  prescribe;  and  to  make  a full  and  com- 
plete  report  thereof  on  or  before  the  first  day  of  Feb- 
ruary  of  each  and  every  year  to  cover  the  work  for  the 
previous  fiscal  year  ending  December  thirty-first. 


1906,  ch.  565. 

208C.  The  Board  of  Estimates  shall  provide  in  the  or- ^nd  eS-* 
dinance  of  estimates  for  the  year  1907,  and  annually 
thereafter,  for  the  payment  of  the  salary  of  said  Executive 
Officer,  which  shall  not  be  less  than  $2,000  per  annum,  and 
also  a sum  sufficient  to  pay  all  other  expenses  of  the  said 
Department  of  Legislative  Reference. 


LEGISLATIVE  DEPARTMENT. 

CITY  COUNCIL. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  12.  P.  L.  L.,  (1888)  Art  4,  vSec.  16. 

209.  The  Legislative  Department  of  the  Mayor  and  City  ^ cSy^Suiicii, 
Council  of  Baltimore  shall  be  vested  in  the  City  Council, 
which  shall  consist  of  two  Branches,  one  of  which  shall 
be  the  First  Branch  and  the  other  the  Second  Branch.* 

Baltimore  City  v.  Gorter,  93  Md.  1,  8. 


’'Note. — In  connection  with  this  section,  see,  Smyrk  v.  Sharp,  82 
Md.  97. 


212 


LEGISLATIVE  DEPARTMENT — C:TY  COUNCIL. 


P.  L.  L.,  (1860)  Art.  4.  Secs.  13,  24.  P.  L.  L.,  (1888)  Art.  4,  Secs.  17,  28. 

First  Branch.  210.  The  Fipst  Branch  shall  consist  of  one  member  from 
each  ward  of  the  City,  who  shall  be  a citizen  of  the  United 
States,  above  the  age  of  twenty-one  years,  a resident  of  the 
City  three  years  preceding  his  election,  and  for  the  same 
time  a resident  of  the  ward  for  which  he  is  elected,  and 
Qualifications  assessed  with  property  to  the  amount  of  three  hundred 
dollars,  who  has  paid  taxes  on  the  same  one  year  prior  to 
his  election,  and  shall  hold  his  office  for  two  years.  Each 
member  of  the  First  Branch  shall  be  paid  a salary  of  one 
thousand  dollars  per  annum,  payable  monthly.** 

Baltimore  City  v.  Gorter,  93  Md.  8. 

P.  L.  L.,  (1860)  Art.  4,  Secs.  14,  24.  P.  L.  L.,  (1888)  Art.  4,  Secs.  18,  28. 

1898,  ch.  123.  1901,  ch.  8. 

Second  Branch  211.  The  Second  Branch  shall  consist  of  nine  members, 
of^city  coun-  whom  shall  be  the  President  thereof,  and  shall  pos- 

sess the  qualifications  and  be  elected  as  hereinafter  pro- 
vided. The  other  eight  members  shall  be  elected  from 
four  Councilmanic  Districts,  two  from  each  district ; said 
district  to  be  established  and  fixed  as  herein  defined  by 
this  Act.  The  members  of  the  Second  Branch,  excepting 
the  President  thereof,  shall  be  citizens  of  the  United  States 
^of  member!,  above  the  age  of  twenty-five  years,  residents  of  the  City 
of  Baltimore  four  years  prior  to  their  election,  each  of 
whom  has  been  assessed  with  property  in  the  said  city  in 
the  sum  of  five  hundred  dollars,  and  who  has  paid 
taxes  on  the  same  for  two  years  prior  to  his  election  ; and 
the  said  members  of  the  Second  Branch  shall  hold  their 
salaries.  ^ ’ offices  for  four  years,  except  as  provided  in  Section  213 
of  this  Article,  and  each  of  them  shall  be  paid  a salary  of 
one  thousand  dollars  per  annum,  payable  monthly.! 

Baltimore  City  v.  Gorter,  93  Md.  8. 

**Notf. — In  connection  with  Section  210,  see^  Kean  Rizer,  90  Md. 
507.  Vanneman  v.  Pusey,  93  Md.  686,  690. 


fFor  dicta  of  the  Court  of  Appeals  in  connection  with  provisions  similar 
to  those  of  Section  211,  see,  Kean  v.  Rizer,  90  Md.  507.  Vanneman  v. 
Pusey,  93  Md.  686,  690. 

Note. — See  proviso  of  Act  1901,  ch.  8,  relating  to  present  incum- 
bents. 


ELECTION  FOR  MEMBERS. 


213 


P.  L.  L.,  (1860)  Art.  4,  Sec.  15.  1888,  ch.  397.  P.  L.  L.,  (1888)  Art  4, 

Sec.  19. 

212.  The  election  for  members  of  the  First  Branch 

shall  be  held  on  the  Tuesday  next  after  the  first  Monday  ^h^^n^heid.^' 
in  May,  in  the  year  eighteen  hundred  and  ninety-nine,  and 
upon  every  second  year  thereafter.  Said  election  shall  be 
held  by  wards,  and  no  person  shall  be  entitled  to  vote  for 
any  member  of  the  F irst  Branch  except  for  the  member  for 
the  ward  of  which  the  voter  is  a resident.  The  members  of 
said  Branch  now  in  office  shall  hold  office  until  their  suc- 
cessors have  been  elected  under  the  provisions  of  this 
article,  and  have  duly  qualified. 

Baltimore  City  v.  Gorter,  93  Mcl.  8. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  16.  P.  L.  L.,  (1888)  Art.  4.  Sec.  20.  1888, 
ch.  397.  1890,  ch.  10. 

213.  The  election  for  the  said  eight  members  of  the 

Second  Branch  shall  be  held  on  the  Tuesday  next  after  the  Iranch:  term 
first  Monday  in  May,  in  the  year  eighteen  hundred  and 
ninety-nine.  Their  terms  of  office  shall  be  for  four  years, 
except  that  the  members  of  the  Second  Branch  first  elect- 
ed shall  determine  by  lot  their  terms  of  office,  so  as  to  pro- 
vide for  the  retirement  of  one-half  of  the  said  members  of 
the  Second  Branch  at  the  end  of  the  first  two  years.  On 
the  Tuesday  next  after  the  first  Monday  in  May,  in  the 
year  nineteen  hundred  and  one,  and  in  every  second  year 
thereafter,  an  election  shall  be  held  for  four  members  of 
said  Branch  to  fill  the  places  of  the  members  then  retiring. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

214.  There  shall  be  elected  on  the  Tuesday  next  after  E;iecti9n  of 
the  first  Monday  in  May,  in  the  year  eighteen  hundred  and  lecond 
ninety-nine,  and  upon  every  fourth  year  thereafter,  from 

the  City  at  large,  a person  to  be  the  President  of  the  Second 
Branch  of  the  City  Council,  who  shall  possess  the  qualifi- 
cations required  and  hereinbefore  defined,  of  the  Mayor 
of  the  City  of  Baltimore.  His  duty  shall  be  to  preside  over 
the  Second  Branch  of  the  City  Council,  and  vote  on  all 
questions,  and  perform  such  other  duties  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  this  Article. 


214 


LEGISLATIVE  DEPARTMENT — CITY  COUNCIL. 


Salary, 


•Removal  of. 


Electors  of 
members  of 
Council, 
qualifica- 
tions of. 


Vacancies  in 
City  Council 


Council,  meet- 
ings of. 


He  shall  be  paid  a salary  of  three  thousand  dollars  per  an- 
num, payable  monthly.  A joint  convention  of  the  two 
Branches  of  the  City  Council,  by  a majority  vote  of  all  the 
members  elected  to  the  City  Council,  may  remove  from 
office  the  President  of  the  Second  Branch  for  incom- 
petency, wilful  neglect  of  duty  or  misdemeanor  in 
office,  upon  charges  preferred  by  the  Mayor,  and  after 
notice  of  such  charges  is  given  to  the  President  of  the 
Second  Branch,  and  an  opportunity  afforded  him  to  be 
heard. 

Baltimore  City  v.  Gorter,  93  Md.  8, 

P.  L.  L.,  (1860)  Art.  4.  Secs.  17,  18.  P.  L.  E.,  (1888)  Art.  4,  Secs.  21,  22. 

215.  The  qualifications  of  electors  of  members  of  the 
City  Council  shall  be  the  same  as  those  of  electors  of  the 
Mayor.  All  vacancies  in  the  First  Branch  shall  be  filled 
without  delay  by  the  First  Branch  from  the  ward  in  which 
the  said  vacancy  occurs,  by  an  election  of  a person  possess- 
ing the  qualifications  hereinbefore  prescribed,  to  fill  the 
unexpired  term  of  the  former  incumbent.  If  a vacancy 
occurs  in  the  Second  Branch,  then  said  Branch  shall  forth- 
with fill  said  vacancy  by  the  election  of  a person  possess- 

"ing  the  qualifications  hereinbefore  prescribed  from  the 
City  at  large  or  from  the  proper  Councilmanic  District,  if 
there  be  such  District  at  that  time. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

P.  L.  L.,  (I860)  Art.  4,  Sec.  20.  1868,  cli.  451.  1888,  cli.  397.  P.  L.  E., 
(1888)  Art.  4,  Sec.  24. 

216.  The  City  Council  shall  meet  on  the  Thursday  next 
after  the  third  Monday  in  May,  in  the  year  eighteen  hun- 
dred and  ninety-  nine,  and  upon  the  same  day  in  each  year 
thereafter,  and  may  continue  in  session  for  one  hundred 
and  twenty  days,  and  no  longer,  in  each  year ; provided, 
that  they  may,  by  ordinance  or  resolution,  so  arrange  their 
sittings  that  the  same  may  be  held  continuously  or  other- 
wise , and  provided  further,  that  the  Mayor  may  convene 
the  City  Council  in  extra  session,  as  he  may  now  do  by  the 
fourth  section  of  the  eleventh  Article  of  the  State  Consti- 
tution. 


Baltimore  City  v.  Gorter,  93  Md.  8. 


POWERS  OF  THE  MUNICIPAL  CORPORATION, 


215 


P.  L.  L.,  (1860)  Art.  4,  Secs.  21,  22,  23.  P.  L.  L.,  (1888)  Art.  4, 

Secs.  25,  26,  27. 

217.  Each  Branch  of  the  City  Council  may  compel  the  Absent  mem- 

. , , bers.  atten- 

attendance  ot  absent  members,  in  such  manner  and  under  dance  of. 
such  penalties  as  it  may  by  ordinance  provide.  The  First 
Branch  shall  appoint  its  own  President,  who  shall  preside 

. h . T . President  of 

at  all  its  sessions,  and  shall  vote  on  all  questions,  and  in  First  Branch; 

•1  T Tr**  e when  to  act 

case  of  the  absence,  sickness  or  other  disqualifications  ot  as  Major, 
the  Mayor  and  the  President  of  the  Second  Branch,  shall 
perform  all  the  duties  of  the  office  of  Mayor  during  the 
period  in  which  the  sickness,  absence  or  disqualification  of 
said  officer  shall  continue.  Each  Branch  of  the  City  Council  ^ „ 

shall  judge  of  the  election  and  qualifications  of  its  own 
members,  subject  to  appeal  by  petition  of  the  party 
aggrieved  to  the  Baltimore  City  Court.  With  the  con-  p^ais. 
currence  of  three-fourths  of  the  whole  members  of  either 
Branch,  it  may  expel  any  member  for  disorderly  behavior  Expulsions  of 
or  misconduct  in  office,  but  not  a second  time  for  the  same  “embers, 
offense.  Each  Branch  shall  adopt  its  own  rules  of  proced- 
ure, not  inconsistent  with  this  Article,  appoint  its  own 
officers,  regulate  their  respective  compensation  not  to  ex- 
ceed in  the  aggregate  the  amount  appropriated  by  the  or- 
dinance of  estimates,  and  remove  them  at  pleasure.  Each  journals 
Branch  shall  keep  a journal  of  its  proceedings,  and  enter 
yeas  and  nays  on  any  question,  resolution  or  ordinance,  at 
the  request  of  any  member,  and  the  deliberations  of  both 
Branches  shall  be  public.** 

Heiskell  v.  M.  & C.  C.  of  Baltimore,  65  Md.  125.  Zeiler  v.  Central 
Ry.  Co.  84  Md.  304.  Balto.  City  v.  Gorter,  93  Md.  8.  C/.,  Murdoch 

V.  Strange,  99  Md.  89. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  33.  P.  L.  L.,  (1888)  Art.  4,  Sec.  29. 

218.  The  Mayor  and  City  Council  of  Baltimore  shall 
have  power  to  pass  all  ordinances  necessary  to  give  SXmorf. 

** Powers  of  Second  Branch  City  Council.  The  Charter  having  clothed 
the  Second  Branch  with  plenary  jurisdiction  over  an  election  contest, 
all  the  powers  necessary  to  make  the  jurisdiction  effective  are  not  implied 
as  incidentally  granted.  Rules  of  procedure  are  binding  only  upon 
members  and  upon  others  coming  within  their  .sphere.  Venable  v. 

Upshur,  Daily  Record,  October  11,  1901. 


216 


ORDINANCES  AND  RESOLUTIONS. 


effect  and  operation  to  all  powers  vested  in  the  corporation 
of  the  City  of  Baltimore.** 


P.  G.  L.,  (1860)  Art.  37,  Sec.  48.  P.  L.  L.,  (1888)  Art.  4,  Sec.  15. 

’times  Jf^or-  219.  Ordinances  and  resolutions  of  the  Mayor  and  City 
Soiutfmis”^  Council  of  Baltimore  may  be  read  in  evidence  from  the 
as  evidence,  panted  volumes  thereof  published  by  authority  of  said 
corporation,  t 

Garrett  v,  Janes,  65  Md.  265.  Central  Savings  Bank  v.  Baltimore,  71 
Md.  523. 


MUNICIPAL  CORPORATIONS. 

**Note. — S3mopses  of  decisions  of  the  Court  of  Appeals  relating  to  the 
power  of  the  Maj^or  and  City  Council  of  Baltimore  to  pass  ordinances 
under  its  express  and  implied  powers  as  well  as  those  relating  to  powers 
of  municipal  corporations  generall}'  will  be  found  below  within  limits 
consistent  with  the  scope  and  character  of  this  compilation. 

AGENTS  OF  THE  MUNICIPAL  CORPORATION. 

Adoption  of  Unauthorized  Acts  of  Agents.  The  municipal  corporation, 
in  the  absence  of  any  required  legislative  formality,  may  ratify  and 
adopt  a contract  made  by  its  agents  unauthorized,  if  the  subject  matter 
thereof  be  within  its  power  and  control  and  the  contract  could  have  been 
previously  authorized  by  oidinance. 

Baltimore  v.  Weatherb^q  52  Md.  442. 

hnplied  Authority  of  Agents.  From  considerations  of  public  policy, 
public  corporations  such  as  states  or  municipalities,  are  exempt  in  a 
greater  degree  from  responsibility  for  implied  authority  founded  on  the 
conduct  of  those  whom  they  employ. 

Tome  V.  Parkersburg,  39  Md.  75. 

Unauthorized  Acts  of  Agents.  A municipal  corporation  cannot  be 
held  liable  for  the  unauthorized  acts  of  its  agents. 

Maj^or  & C.  C.  of  Baltimore  v.  Eschbach,  18  Md.  276. 

No  Presumption  of  Ratification.  Cities  and  other  purely  municipal 
corporations  ******  have  neither  property  or  power  for  purposes 
of  personal  aggrandizement  *********  They  are  themselves 
agents  * * * * and  are  not  to  be  presun\ed  to  recognize  and  incidentally 
ratify  and  confirm  acts  of  their  officers  be\^ond  the  scope  of  their  authority. 

Mayor,  etc.,  v.  Re^molds,  20  Md.  1. 


fNoTK. — In  relation  to  construction  of  Sec.  219,  see  also,  Shanfelter. 
7J.  Maj^or,  etc.,  80  Md.  487.  Field  v.  Malster,  88  Md.  704. 


ORDINANCES  AND  RESOEUTIONS. 


217 


220.  The  style  of  all  ordinances  shall  be:  “Beit  or- 
dained by  the  Mayor  and  City  Council  of  Baltimore.'' 

22 1 . Every  legislative  act  of  the  Mayor  and  City  Council 
of  Baltimore  shall  be  by  ordinance  or  resolution.  No  ordi- 
nance or  resolution  shall  be  passed  except  by  a vote  of  a 
majority  of  all  the  members  elected  to  each  Branch,  and 
on  its  final  passage  the  vote  shall  be  taken  by  yeas  and 
nays,  the  names  of  members  voting  for  and  against 
the  same  being  entered  on  the  journal.  Every  ordinance 


APPROPRIATIONS. 

Appropriations  to  aid  institutions  of  a benevolent  and  charitable  char- 
acter not  created  by  municipal  power  conferred  on  the  Mayor  and  City 
Council  of  Baltimore,  are  unauthorized. 

St.  Mary’s  Industrial  School  v.  Brown,  45  Md.  310. 

Color  Line.  The  state  or  a municipality  may  lawfully  grant  aid  to  a 
private  educational  institution  from  which  colored  people  are  excluded. 

Clark  V.  Maryland  Institute,  87  Md.  643. 

BALLOTS. 

Appointment  of  Officers.  When  a municipality  is  empowered  by 
charter  to  provide  for  the  appointment  of  certain  officers,  and  an  ordi- 
nance provides  that  these  officers  shall  be  chosen  by  ballot,  then, 
according  to  the  principles  of  the  common  law,  a blank  ballot  cannot  be 
counted  in  estimating  the  total  number  of  votes  cast;  and  the  municipality 
has  no  power,  to  declare  by  resolution,  or  adopt  by  usage,  as  a rule  of 
procedure,  that  in  the  election  of  officers,  a blank  ballot  shall  be  counted 
as  a vote. 

Murdoch  v.  Strange,  99  Md.  104. 

BUILDINGS. 

Refusal  of  Permits.  A municipal  ordinance  authorizing  a permit  for 
a new  building  to  be  refused  at  the  discretion  of  a municipal  agency 
because  a building  to  be  erected  does  not  conform  in  general  character 
to  the  other  buildings  in  the  neighborhood  of  proposed  building  is  void. 
The  Charter  powers  to  regulate  buildings  in  Baltimore  City  is  limited  to 
regulations  guarding  against  dangers  arising  from  unsafe  construction 
or  from  the  use  of  inflammable  materials,  or  some  similar  exercise  of 
the  police  power. 

Bostock  V.  Sams,  95  Md.  400. 

CITY  COUNCIL. 

City  Council  Committees . Rule  laid  down  as  to  when  the  investigation 
of  a City  Council  Committee  will  not  be  interfered  with. 

Williams  v.  Smyrk,  Daily  Record,  Febry.  18,  1895. 


Ordaining 

phrase. 


Ordinances 
and  resolu- 
tions: vote! 
necessary  to 
pass. 


To  embrace 
but  one  sub- 
ject. 


218 


ORDINANCES  AND  RESODUTIONS. 


When  to  be- 
come effec 
tive:  third 
reading:. 


enacted  by  the  City  shall  embrace  but  one  subject,  which 
shall  be  described  in  its  title,  and  no  ordinance  shall  be  re- 
vived, amended  or  re-enacted  by  mere  reference  to  its  title, 
but  the  same  shall  be  set  forth  at  length,  as  in  the  original 
ordinance.  And  no  ordinance  shall  become  effective  until 
it  be  read  on  three  different  days  of  the  session  in  each 
Branch,  unless  all  the  members  elected  to  the  Branch 
where  such  ordinance  is  pending  shall  so  determine  by 
yeas  and  nays,  to  be  recorded  on  the  Journal,  and  no 


Provhice  of  the  City  Council  in  relation  to  power  to  pass  ordinances. 

Sm3’rk  v.  Sharp,  82  Md.  97. 

Tax  Rate.  The  City  Council  is  not  authorized  to  fix  the  tax  rate 
before  the  report  of  the  Board  of  Estimates.  Right  of  the  City  Council 
to  change  appropriation  proposed  in  the  Ordinance  of  Estimates. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

CONTRACTS, 

Contracts  with  the  M imicipality . The  rights,  powers  and  liabilities 
of  a municipality'  must  be  considered  with  reference  to  the  subject  matter 
to  which  such  contracts  relate,  and  the  character  in  which  the  municipal 
body  acts  in  making  them.  But  in  respect  to  contracts  made  by  them  in 
the  exercise  of  powers  intrusted  to  them  in  their  municipal  character, 
exclusively  for  public  purposes,  courts  have  no  power  to  review  or 
control  their  acts,  unless  they  transcend  the  limits  of  their  delegated 
powers. 

Rittenhouse  v.  Ma\'or,  25  Md.  336. 

Modification  of  Contracts.  Power  of  the  municipal  corporation  to 
modify  a contract  authorized  by  the  Legislature,  discussed  in — 

Cumberland  v.  Wilson,  50  Md.  138. 

Ultra  Vires  Contracts.  When  the  contract  is  one  which  a municipal 
corporation  has  no  authority  to  make,  and  is  one  which  will  increase  the 
burden  of  taxation,  then  an  injunction  to  prevent  its  execution  may 
issue  at  the  instance  of  any  taxpay'er. 

Where  a special  power  is  conferred  upon  officers  of  a municipal  cor- 
poration to  make  a contract,  and  the  terms  and  conditions  upon  which  the 
authority  is  to  be  exercised  are  prescribed,  there  must  be  at  least  a 
substantial  compliance  with  such  terms  and  conditions,  or  the  contract 
will  be  invalid. 

Baltimore  v.  Keyser,  72  Md.  109. 

Same.  When  an  Ultra  Vires  Contract  of  Municipal  Corporation  may 
become  valid.  When  a contract  by'  a municipal  corporation  is  ultra  vires 
it  becomes  valid  when  subsequently'  confirmed  by  the  Legislature,  if  the 


PRESIDENT  SECOND  BRANCH. 


219 


ordinance  shall  be  read  a third  time  until  it  shall  have  been 
actually  engrossed  for  a third  reading. 

Glenn  v.  M.  & C.  C.  of  Baltimore,  5 G.  & J.  424,  429.  Central  Savings 
Bank  v.  Balto.  71  Md.  523.  Baltimore  City,  v.  Gorter,  93  Md.  8.  Cf.,  Dren- 
nen  v.  Bank,  80  Md.  316.  Whitman  v.  Stoll,  80  Md.  417.  Baltimore 
City  V,  Stewart,  92  Md.  547.  Sindall  v.  Baltimore  City,  93  Md.  526. 
Hagerstown  v.  Startzman,  93  Md.  612. 

222.  In  case  it  becomes  necessary  for  the  President  of 
the  Second  Branch  to  fill  the  unexpired  term  of  the  Mayor,  Branch  in 

case  of  va- 

cancy. 

contract  is  one  which  the  Legislature  might  have  originally  authorized. 

An  injunction  will  be  granted  to  protect  and  secure  rights  acquired 
under  a lawful  municipal  ordinance. 

C.  & P.  Telephone  Co.  v.  Baltimore,  89  Md.  689. 

Same.  Not  an  Impairment  of  a Contract.  A municipal  corporation 
cannot  make  a contract  which  deprives  subsequent  municipal  authorities 
of  their  legislative  power.  The  ultra  vires  contract  of  a municipal 
corporation  is  not  within  the  provision  of  the  Federal  Constitution 
forbidding  the  impairment  of  contracts,  because  where  no  valid  contract 
exists,  there  can  be  no  impairment  of  its  obligation. 

Westminster  Water  Co.  v.  Westminster,  98  Md.  551. 

ESTOPPEL. 

Application  of  the  Doctrine  to  a Municipal  Corporation.  The  doctrine 
of  estoppel  applied  against  the  city  in  a case  where  the  act  done,  was 
strictly  within  the  powers  of  the  Mayor  and  City  Council  of  Baltimore, 
but  the  corporation  failed  to  comply  with  some  formality  or  regulation 
which  it  should  not  have  neglected. 

Rose  V.  Mayor,  51  Md.  256. 

FRANCHISES. 

Franchises  granted  by  the  Legislature  cannot  be  annulled  by  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore. 

Lake  Roland  Elv.  R.  R.  Co.  v.  Baltimore,  77  Md.  352. 

IMPROVEMENTS. 

Abandomrient  of  same  by  City.  A municipal  corporation  has  the  right 
to  abandon  any  contemplated  improvement  and  repeal  at  its  pleasure 
any  ordinance  providing  for  the  same,  and  after  such  abandonment 
property  owners  cannot  compel  the  corporation  to  take  and  pay  for 
property  condemned  for  such  purposes;  nor  does  any  action  lie  for  an 
abandonment  merely.  But  where  the  owner  of  property  suffered  loss 
or  damage  by  the  acts  or  delay  of  the  corporation  in  any  such  case,  he 
is  entitled  to  redress  for  the  same. 

Mayor  v.  Musgrave,  48  Md.  111.  Lake  Roland  Elv.  R.  R.  Co.  v.  Bal- 
timore, 77  Md.  352. 


220 


MISCELLANEOUS  LOCAL  LAWS. 


as  herein  provided,  the  Second  Branch  shall  thereupon 
elect  a new  President  for  the  unexpired  term,  but  they 
shall  not  elect  as  such  President  one  of  their  own  number. 


LEGISLATURE. 

Power  to  make  Valid  Defective  Municipal  Proceedings.  The  Legis- 
lature in  an  act  conferring  powers  upon  a municipal  corporation,  may 
make  valid  previous  defective  proceedings. 

M.  & C.  C.  of  Baltimore  v.  Reitz,  50  Md.  574. 

Power  to  7nake  Valid  Ultima  Vires  Contract.  The  principle  that  the 
Legislature  may  render  valid  a contract  made  by  a municipal  corporation, 
though  ult7'a  vires  at  the  time  it  was  made,  if  the  contract  is  one  which 
the  Legislature  might  originall}"  have  authorized,  applies  with  peculiar 
force  to  the  case  of  a contract  relating  to  work  in  which  the  public  is 
interested  and  which  is  for  the  public  benefit  after  it  has  been  executed. 

O’ Brian  v.  Baltimore  County,  51  Md.  15. 

LICENSES. 

Power  to  Impose  License  Fees.  A municipal  corporation  is  not  author- 
ized to  impose  license  fees  or  taxes  upon  particular  trades  or  industries, 
unless  the  power  to  do  so  has  been  conferred  upon  the  municipality  by 
the  State. 

Cambridge  v.  Water  Co.,  99  Md.  503. 

markets. 

Police  Power.  The  right  to  regulate  markets  is  a police  power. 

State  V.  Rowe,  72  Md.  548. 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE. 

Nature  of  the  Corforatio^i . The  Mayor  and  City  Council  of  Baltimore 
are  but  trustees  of  the  public  ; the  tenure  of  their  office  impresses  their 
ordinances  with  liability  to  change.  They  could  not,  if  they  would, 
pass  an  irrevocable  ordinance.  The  corporation  cannot  abridge  its 
legislative  powers. 

State  V.  Graves,  19  Md.  351.  Lake  Roland  Elv.  R.  R.  Co.,  v.  Balto., 
77  Md.  352. 

Public  Convenience  and  Welfare.  When  the  power  is  conferred  upon 
the  Mayor  and  City  Council  of  Baltimore  to  do  certain  acts  when,  in  its 
opinion,  “the  public  convenience  and  welfare  require  it,’’  its  judgment 
upon  the  question  is  final. 

Mayor,  &c.,  of  Balto.  v.  Clunet,  23  Md.  450. 

ORDINANCES. 

Compilation  of  Ordifiances.  It  is  competent  for  a municipal  legisla- 
ture by  a single  ordinance  to  declare  any  compilation  of  ordinances  or 


COURT  OF  ARBITRATION. 


221 


MISCELLANEOUS  LOCAL  LAWS." 

ARBITRATION  — COURT  OF 

1878,  ch.  383.  P.  L.  L.,  (1888)  Art.  4,  Sec.  65. 

223.  The  Board  of  Trade  shall  have  power  and  author- 
ity  to  create  and  organize  within  itself  a Court  of  Arbi-  dSe^coS 
tration  for  the  adjudication  and  settlement,  according  to 
the  principles  of  law,  equity  and  commercial  usage,  or  of 
either,  applicable  thereto,  of  any  and  all  controversies  con- 
cerning or  growing  out  of  contracts  of  sale,  manufactur- 
ing or  letting  on  rent ; of  the  making  or  negotiating  or 
transfer  of  bills  of  exchange,  promissory  notes,  bills  of  lad- 
ing, railroad,  warehouse  or  similar  receipts,  and  other  such 
commercial  paper ; of  guaranties,  of  agency,  of  bailment, 
of  partnership,  of  insurance,  of  affreightment,  or  of  any 
other  transaction,  of  whatever  specific  class,  pertaining 


p roposed  ordinances  to  be  in  force,  in  the  absence  of  a statutory 
prohibition. 

Garrett  v.  Janes,  65  Md.  260. 

Co7istruction  of  Ordinances . A municipal  corporation  may  pass  an 
ordinance  within  the  limits  of  its  delegated  powers,  contingent  as  to  its 
operation  and  effect  on  the  existence  or  occurrence  of  facts  germane  to 
its  subject  matter.  The  same  general  rules  of  construction  which  govern 
the  interpretation  of  Acts  of  the  Legislature  are  equally  applicable  to 
the  legislative  acts  of  a municipal  corporation. 

Mayor  v.  Hughes,  1 G.  & J.  480.  State  ex.  rel.  Mayor  v.  Kirkley 
et  al.  29  Md.  85. 

General  Ordinances.  Rights  of  a citizen  under  general  ordinances — 
When  a citizen  is  entitled  to  certain  rights  under  a general  municipal 
ordinance,  he  cannot  be  deprived  of  them  by  a resolution  of  the  City 
Council  which  excepts  him  from  the  operation  of  the  ordinance,  but 
leaves  it  in  force. 

Gallagher  v.  Flury,  99  Md.  181. 

New  Charter. — Its  effect  upon  existing  ordinances. 

Bostock  V.  vSams,  95  Md.  400. 


**Note. — As  to  rule  when  Public  Local  and  Public  General  laws  con- 
flict, see,  Everett  v.  Avery,  19  Md.  143.  Mayor  v.  Groshon,  30  Md. 
436.  Cooper  v.  Holmes,  71  Md.  20.  McCracken  v.  State,  71  Md.  54. 
State  V.  Falkenham,  73  Md.  466,  467.  Hooper  v.  Creager,  84  Md.  259. 
Herbert  v.  Co.  Com’rs,  Balto.  Co.,  97  Md.  639. 


222 


MISCELLANEOUS  LOCAL  LAWS. 


Controversies 
to  be  sub- 
mitted in 
writing. 


to  trade,  commerce,  navigation,  manufactures  or  mechan- 
ical arts,  or  business  connected  with  any  of  these,  or  con- 
tracts for  personal  work,  labor  and  service  done  or  render- 
ed, or  to  be  done  or  rendered,  in  and  about  the  pursuit  and 
transactions  of  trade,  commerce,  navigation,  manufactures 
or  mechanical  arts,  one  or  more  of  the  parties  to  which 
controversies  is  or  are  members  of  the  said  corporation,  in 
all  cases  wherein  such  controversy  is  by  the  consent  of  all 
the  parties  thereto,  signified  by  a submission  in  writing, 
referred  for  adjudication  and  settlement  to  said  court. 

Ordinance  of  Estimates,  Powers  of  City  Council  and  Board  of  Esti- 
mates in  relation  thereto  under  the  New  City  Charter. 

Baltimore  City  v,  Gorter,  93  Md.  8. 

Ordinances.  An  ordinance  has  all  the  force  of  statute  law  upon  the 
City  itself  and  all  its  citizens,  and  it  can  no  more  be  ignored  by  the 
municipal  corporation  or  any  of  its  branches  of  government,  than  it  could 
be  by  the  humblest  citizen. 

Bond  V.  Malster,  Daily  Record,  July  6,  1899. 

Preamble  of  Ordinance  or  Statute,  may  be  a key  to  its  proper  construc- 
tion and  interpretation. 

Mayor  v.  Moore,  6 H.  & J.  381. 

Recitals  in  Ordmances  oj  Basis  of  Power  Unnecessary . Where  the 
power  actually  exists  to  pass  an  ordinance,  no  power  need  be  stated 
therein  as  its  basis. 

Methodist  Protestant  Church  v.  Mayor,  &c.,  6 Gill  391.  Baltimore  z/. 
Ulman,  79  Md.  384. 

Repealing  Ordinances.  A repealing  ordinance  cannot  affect  or  destroy 
any  right  which  was  acquired  under  the  first  ordinance  before  its  repeal. 

McMechin  v.  Mayor,  2 H.  & J.  41;  3 H.  & J.  534. 

Same.  Priority  Between  Ordinances . Repeal  of  ordinances  by  impli- 
cation. Smyrk  v.  Sharp,  82  Md.  97. 

Validity  of  Ordinances.  An  ordinance  is  not  invalid  and  void  simply 
because  in  its  passage  the  rules  of  procedure  of  the  City  Council  have 
been  violated,  and  the  Court  cannot  inquire  into  such  violation. 

Zeiler  v.  Hooper,  Daily  Record,  September  23,  1896. 

Violatio7i  of  Mimicipal  Ordinafices.  When  restrained.  The  violation 
of  a municipal  ordinance  will  not  be  restrained  by  injunction  at  the 
instance  of  a party  who  does  not  show  that  such  violation  will  work  some 
special  or  irreparable  injury  to  him. 

King  V.  Hamill,  97  Md.  103. 


COURT  OF  ARBITRATION. 


223 


1878,  ch.  383.  P.  h.  P.,  (1888)  Art.  4,  vSec.  66. 

224.  In  order  to  the  due  and  effective  execution  of  the  to  elect  a judge 
power  in  the  next  preceding  section  granted,  the  said  cor-  powers  of  the 
poration  shall  have  the  further  power,  either  directly  in 
corporate  meeting,  whether  the  regular  annual  meeting  or 
a special  meeting  called  for  the  purpose  by  reasonable 
notice  to  all  the  members,  of  the  time,  place  and  object 
thereof,  by  advertisement  in  one  or  more  of  the  daily  news- 
papers of  the  City  of  Baltimore,  or  else  by  delegation,  in 
such  meeting,  by  rule  or  otherwise,  made  through  the 


Void  Oi'diiiances.  Where  a municipal  corporation  is  seeking  to  enforce 
a void  ordinance,  a court  of  equity  has  jurisdiction,  at  the  suit  of  any 
person  injuriously  affected  thereby,  to  stay  its  execution  by  injunction. 

Baltimore  v.  Radecke,  49  Md.  217.  Baltimore  v.  .Scharf,  54  Md.  526. 
Deems  v.  Mayor  & C.  C.  of  Balto.,  80  Md.  172. 

POWKRvS  OF  MUNICIPADITY. 

Definition  and  Discussion  of  the  Various  Mimicipal  Powers.  Control 
of  the  Legislature  over  corporate  powers. 

M.  & C.  C.  of  Baltimore  v.  State,  15  Md.  376.  Glenn  v.  Mayor,  5 
G.  & J.  424. 

A Municipal  Corporation  cannot  abridge,  diminish  or  enlarge  its  own 
powers  by  a rule  made  by  itself. 

Heiskell  v.  M.  & C,  C.  of  Baltimore,  65  Md.  125. 

Consb'uction  of  Powers.  The  powers  of  a public  corporation  are  to  be 
strictly  construed. 

Baltimore  v.  Gill,  31  Md.  375. 

Delegated  Powers. 

Mayor,  &c.,  v.  Hughes,  1 G.  & J.  480. 

Exercise  of  Powers.  Ordinances  passed  in  exercise  of  particular 
powers.  The  exercise  of  a power  delegated  to  the  municipality  for  the 
public  good,  is  imperative  and  not  discretionary.  What  constitutes  a 
valid  exercise  of  a power  delegated  to  the  Mayor  and  City  Council  of 
Baltimore. 

Glenn  v.  Mayor,  5 G.  & J.  424.  Mayor,  &c.,  v.  Marriott,  9 Md.  160. 
Deems  v.  M.  & C.  C.  of  Baltimore,  80  Md.  172. 

Same.  Poiver  to  Provide  for  Exercise  of  a Delegated  Power.  The 
possession  of  a power  by  a corporation  to  do  an  act,  is  of  itself  the  pos- 
session of  the  right  to  provide  for  the  doing  of  the  act  by  agents.  But 
the  giving  of  a power  to  a corporation,  and  the  authority  to  provide  for 
the  exercise  of  the  power,  are  different.  The  authority  to  provide  for 


224 


MISCEIvI^ANEOUS  EOCAE  EAWS. 


officers  and  directors,  constituting  the  Board  of  Directors 
or  management  of  said  corporation,  in  either  case  by  the 
concurring  votes  of  a majority  of  the  members  of  said  cor- 
poration or  Board  of  Directors,  as  the  case  shall  be,  present 
at  such  meeting  of  the  one  or  the  other  for  the  purpose — 
provided  there  be  then  and  there  a quorum  present,  as 
constituted  by  the  Constitution,  Articles  of  Association  or 
By-Laws  of  the  said  corporation  or  Board  of  Directors — 
from  time  to  time  to  elect  from  among  those  persons  who 


the  exercise  of  a power  not  being  the  possession  of  the  power  itself,  but 
a right  only  to  confer  it,  or  to  authorize  the  exercise  of  it  by  others. 

Mayor,  &c.,  Balto.  v.  Howard,  6 H.  & J.  389. 

Legislature.  When  the  Mayor  and  City  Council  of  Baltimore  are 
presumed  to  have  all  the  power  of  the  Eegislature  in  a particular  case. 

Harrison  v.  Mayor,  1 Gill.  264. 

Limitation  on  Exercise  of  Municipal  Powers.  The  corporate  authori- 
ties of  the  City  can  exercise  no  power  which  is  not,  in  express  terms,  or 
by  fair  and  reasonable  implication,  conferred  upon  the  corporation. 

St.  Mary’s  Industrial  School  v.  Brown,  45  Md.  310. 

Police  Power.  The  powers  of  the  municipality  in  relation  to  streets  is 
classed  as  belonging  to  the  police  power  ; it  is  the  duty  of  the  City  to 
preserve  them  for  legitimate  purposes. 

Lake  Rol.  Blv.  R.  R.  Co.  v.  Balto.,  77  Md.  352.  Deems  v.  M.  & 
C.  C.  of  Balto.,  80  Md.  172. 

Power  to  Regulate  does  not  include  Power  to  Prohibit.  The  power 
given  to  a municipality  to  regulate  the  manner  of  doing  a thing,  does 
not  include  the  power  to  prohibit  altogether  the  doing  of  the  thing.  The 
power  given  by  statute  to  the  Mayor  and  City  Council  of  Baltimore  to 
regulate  th.0^  manner  ot  appointing  persons  to  office  under  the  corporation 
does  not  embrace  a power  to  destroy  the  right  of  the  Mayor  to  nominate 
such  officers,  subject  to  confirmation  by  the  City  Council,  when  such 
right  is  expressly  conferred  b}-^  statute  upon  the  Mayor. 

Hooper  v.  Creager,  84  Md.  256. 

QUORUM. 

A Majority  oi  a legislative  body  is  in  all  cases  a quorum,  entitled  to  act 
for  the  whole,  except  when  the  power  that  created  it  has  otherwise 
directed.  A majority  of  the  members  of  each  Branch  of  the  City  Council 
of  Baltimore  is  a quorum. 

Zeiler  v.  Central  Ry.  Co.,  84  Md.  304. 


COURT  OF  ARBITRATION. 


225 


have  been,  or  before  any  such  election  shall  have  been,  ad- 
mitted to  practice  law  in  this  State,  one  learned  in  the  law 
and  possessing  such  other  qualifications  as  the  said  corpo- 
ration shall,  by  rule  or  regulation,  as  hereinafter  empower- 
ed, prescribe,  whether  such  person  be  a member  of  said 
corporation  or  not,  unless  otherwise  provided  by  such  rule 
or  regulation,  as  Judge  of  the  said  Court  of  Arbitration, 
and  also  to  eleqt  in  like  manner,  or  to  provide  for  the 
election  or  appointment  of  a Clerk  of  the  said  Court ; and  ^ 
shall  have  power  also,  by  rules  and  regulations  duly  adopt- 
ed by  the  said  corporation  in  such  corporate  meeting  as 
aforesaid,  or  by  the  delegation  of  said  corporation  in  such 
meetings  made  by  its  said  Board  of  Directors  to  define  the 
duties,  powers  and  functions  of  the  said  Judge  and  of  the 
said  Clerk,  and  of  any  other  members  or  officers  of  the  said 
Court  of  Arbitration  provided  for  as  hereinafter  is  author- 
ized, and  to  determine  the  jurisdiction  of  the  said  Judge,  to  define 
original  and  appellate,  whether  sitting  alone  or  with  laymen,  Sf 
members  of  the  said  corporation  associated  with  him,  and 
to  fix  the  term  of  time  for  which  the  said  Judge  and  the 
said  Clerk,  respectively,  shall  be  elected,  and  the  terms 
and  conditions  upon  which  each  shall  hold  or  continue  to 
hold  his  office,  and  the  amount  and  mode  of  the  compensa- 
tion of  each,  not  to  be  diminished,  however,  during  the 
currency  of  the  term  of  office  ; to  provide  for  the  appoint- 
ment of  temporary  substitutes  for  the  said  Judge  and  the 
said  Clerk,  or  either,  when  from  any  cause  this  shall  be 
necessary  for  the  prompt  administration  of  the  justice  of  j^ay  arbitra- 
the  court,  and  also  for  the  appointment  of  lay  arbitrators 


TAXING  POWER. 

Belongs  to  Legislature . The  taxing  power  belongs  to  the  Legislature 
and  it  will  not  be  held  as  conferred  upon  a municipal  corporation  unless 
it  be  by  express  and  unequivocal  language  or  necessary  implication. 
State  V.  Rowe,  72  Md.  548. 

ULTRA  VIRES  ACTS. 

1 Incapable  of  Ratificatiofi.  Where  the  Mayor  and  City  Council  of 
I Baltimore  has  no  power  to  authorize  an  act  to  be  done,  it  being  ultra 
, vires,  it  has  no  power  to  adopt  it  after  it  is  done, 

I Horn  V.  Mayor,  30  Md.  218. 


226 


MISCELLANEOUS  LOCAL  LAWS. 


as  members  of  the  said  corporation,  for  the  hearing  and 
determination  of  a particular  case,  either  in  the  first 
instance  with  right  to  the  parties,  or  either  of  them,  to 
appeal  to  the  said  Judge,  or  as  assessors  associated  with 
the  said  Judge  when  parties  so  choose,  and  to  define,  in  such 
cases,  the  powers,  duties  and  authority  of  such  lay  arbi- 
^proSdu?e^of  f^^fors  or  assessors  ; and  also  prescribe  the  forms  and  modes 
hearings  of.  q£  application,  procedure,  pleading,  practice,  trial  and 
process  in  the  said  court,  in  all  the  necessary  details  thereof, 
and  the  effect  of  the  awards  and  judgments  or  decisions  of 
the  said  court,  as  to  the  finality  or  conclusiveness  or  other- 
wise thereof,  and  the  methods  and  means  of  securing 
compliance  therewith  by  the  parties  ; and  also  to  regulate 
To  regulate  costs  and  fees  to  be  paid  by  the  parties  to  any  such 

costs  and  coutroversy  so  submitted,  and  the  amount  and  time  and 
manner  of  payment  thereof,  and  the  disposition  of  such 
costs  and  fees ; provided,  however,  that  no  such  rule  or 
regulation  shall  be  valid  if  it  shall  be  contrary  to  the 
general  law  of  the  State,  or  to  natural  right  or  sound 
reason,  or  to  be  intended  to  provide  for  enforcing  payment 
or  other  performance  of  the  award,  judgment  ar  decision 
of  the  said  Court  or  Board  of  Arbitration  by  any  final 
process  of  execution  otherwise  than  is  directed  in  the 
succeeding  section. 


1878,  ch.  383.  P.  L.  L.,  (1888)  Art.  4,  Sec.  67. 

225.  When,  in  any  such  case  so  submitted  as  is  herein- 
before provided,  an  award,  judgment  or  decision  shall  have 
been  rendered  by  the  said  Court  or  Board  of  Arbitration,  that 
is,  according  to  the  rules  and  regulations  hereinbefore 
authorized,  final  and  conclusive  upon  the  parties,  and  shall 
have  been  recorded  by  the  Clerk  of  the  said  Court  in  a book 
to  be  provided  and  kept  for  the  purpose  within  a time 
limited  therefor  in  the  said  rules  and  regulations,  the  suc- 
cessful party  shall  have  the  right  to  have  the  said  original 
award,  judgment  or  decision  in  writing,  signed  by  those 
members  of  the  said  Court  or  Board  concurring  therein, 
and  duly  certified  by  the  Clerk  to  be  the  original  award, 
judgment  or  decision,  under  his  hand  and  seal  of  the  cor- 
poration ; and  if  the  said  award,  judgment  or  decision, 


ARBITRATION  AWARDS. 


227 


shall  be  for  the  recovery  by  the  one  party  and  payment  to 
him  by  the  other,  of  a certain  sum  of  money,  the  said 
successful  party  shall,  upon  his  filing  the  said  award, 
judgment  or  decision  so  certified,  with  the  Clerk  of  the 
Superior  Court  of  Baltimore  City,  or  at  his  option  with  the 
Clerk  of  the  Court  of  Common  Pleas  of  said  City,  have  the  by^cferk*S? 
right  to  have  the  same  entered  by  its  proper  style,  in  the  or 
name  of  such  successful  party  as  plaintiff,  against  the  losing  com"^.^on 
party  as  defendant,  in  its  order  of  time,  upon  the  court 
calendar  or  docket  of  causes  to  be  called  at  the  next  suc- 
ceeding term  or  rule  day  of  said  court,  whichever  shall  first 
occur,  and  upon  the  call  thereof  in  its  course,  to  have 
judgment  at  once  ordered  and  entered  up,  as  upon  a verdict 
for  the  recovery  of  the  same  amount,  according  to  the  thSom“ 
practice  or  said  court,  and  to  have  process  of  execution  for 
its  enforcement  and  satisfaction  in  all  respects  as  if 
the  said  amount  had  been  recovered  by  a judgment  of 
the  said  court  in  a regular  suit  between  the  same  parties 
in  the  same  relative  position  on  the  record,  there  instituted 
and  prosecuted  in  the  ordinary  modes  of  proceed- 
ing therein ; but  if  the  said  award,  judgment  or  de- 
cision shall  be  for  the  recovery  by  the  one  party,  and 
the  surrender  or  delivery  by  the  other  to  him  of  the 
possession  of  specific  property,  the  said  successful  party,  where  jud?- 
upon  filing  such  award,  judgment  or  decision,  so  certified  recover/of 
as  aforesaid,  with  the  Clerk  of  the  Circuit  Court  of  Balti- 
more  City,  or  such  other  court  therein  as  shall  at  the  time 
have  jurisdiction  there  of  causes  in  equity,  shall  have  the 
right,  on  or  at  any  time  after  the  first  day  of  the  next 
succeeding  term,  or  on  or  at  any  time  after  the  next 
succeeding  rule  day  of  the  said  court,  whichever  shall 
first  occur,  to  have,  upon  motion  therefor,  an  order  made 
by  the  said  court,  affirming  the  said  award,  judgment  or 
decision,  and  making  the  same  a decree  of  the  said  court, 
and  to  have  the  same  enforced,  if  the  recovery  be  of  the 
possession  of  land,  freehold  or  leasehold,  by  a writ  in  the 
nature  of  a writ  of  habere  facias  possessionem,  such  as  the 
said  Court  is  authorized  to  issue  for  the  purpose  of  putting 
a purchaser  under  its  decree  in  possession  of  the  land 
purchased  by  him,  and  to  be  executed  in  the  same  manner 


228 


MISCEIvLANEOUS  EOCAE  EAWS. 


and  by  the  same  officer  against  such  losing  party  to  such 
award,  judgment  or  decision,  and  any  and  all  and  every 
^iion  other  person  in  possession  of  said  land,  claiming  the  same  by 
issue.  virtue  of  a title  derived  from,  through  or  under  such  losing 
party,  and  acquired  subsequently  to  the  date  of  such  award, 
judgment  or  decision,  which  said  writ  the  said  court  is 
authorized  and  empowered  to  issue  for  this  purpose  upon 
application  in  writing  of  such  successful  party  to  the  said 
award,  judgment  or  decision,  in  person  or  by  attorney, 
verified  by  the  affidavit  of  himself  or  his  attorney,  unless 
good  cause  to  the  contrary  shall  be  shown  by  such  party  in 
possession  within  not  less  than  fifteen  or  more  than  thirty 
days  after  notice  in  writing  of  such  application  served  upon 
such  party  in  possession  in  person  ; and  if  the  recovery  be 
of  the  possession  of  personal  chattels,  by  such  process  of 
execution  and  compulsion  as  in  the  chancery  practice  of 
this  State,  is  usual  and  proper  for  the  enforcement  of  a 
decree  for  the  specific  delivery  of  personal  chattels. 

ARBITRATION  COMMITTEE  OF  THE  CORN  AND 
FLOUR  EXCHANGE. 

1870,  ch.  136.  P.  E.  (1888)  Art.  4,  Sec.  68. 

Election  of  226.  The  Board  of  Directors  of  the  Corn  and  Flour 
Committee.  Exchaugo  shall  annually  elect  by  ballot,  five  members  of 
the  association,  who  are  not  members  of  the  Board,  as  a 
committee,  to  be  known  as  the  Arbitration  Committee  of 
the  Baltimore  Corn  and  Flour  Exchange.  The  Board  of 
directors  may,  at  any  time,  fill  any  vacancy  in  said  com- 
mittee for  the  remainder  of  the  term  in  which  such  vacancy 
may  happen.  The  duty  of  the  Arbitration  Committee 
shall  be  to  hear  and  decide  any  controversies  which  may 
arise  in  business  between  the  members  of  said  organiza- 
tion or  said  members  and  other  persons  as  may  be  volun- 
To  hear  con-  tarily  Submitted  to  the  said  committee  for  arbitration  ; and 
submutid  in  such  members  and  persons  may  by  an  instrument  in  writ- 
wnting.  signed  by  them  and  attested  by  a subscribing  witness, 

agree  to  submit  to  the  decision  of  said  committee  any  such 


AWARDS  OF  CORN  AND  FROUR  EXCHANGE. 


229 


controversy  so  arising  as  might  be  the  subject  of  an  action 
at  law  or  in  equity,  except  claims  of  title  to  real  estate. 

1870,  ch.  136.  P.  L.  L.,  (1888)  Art.  4,  Sec.  69. 

227.  The  mode  of  proceeding  of  said  Arbitration 
Committee,  shall  be  regulated  by  the  by-laws  of  the  corpo- 
ration,  which  shall  be  substantially  complied  with  in  all 
cases,  without  prejudice,  however,  to  any  award  from 
merely  formal  irregularity.  The  said  committee  shall  have 
power  to  apply  to  any  Justice  of  the  Peace  for  the  City 
of  Baltimore  to  issue  subpoenas  and  other  compulsory  pro- 
cess to  procure  the  attendance  of  witnesses  before  it ; and 
all  justices  so  applied  to  in  writing,  signed  by  the  chairman 
or  acting  chairman  of  said  committee,  shall  issue  such  pro- 
cess forthwith,  the  cost  of  the  same,  and  of  the  attendance 
of  the  witnesses  so  summoned,  to  be  the  same  as  in  civil 
suits  before  such  justices,  and  to  be  collectible  from  the 
parties  on  whose  behalf  the  said  witnesses  shall  be  sum- 
moned and  attend,  in  the  same  manner  and  by  the  same 
means,  as  if  adjudged  to  be  paid  by  a judgment  of  the  jus- 
tice who  shall  act  in  the  premises  in  a civil  suit  between 
the  same  parties  depending  before  him.  A majority  of 
said  committee  may  act  in  all  cases,  and  a majority  of  such 
majority  shall  have  power  to  render  an  award  in  the 
name  of  and  as  an  act  of  the  committee.  No  dissenting 
award  or  opinions  shall  be  rendered  or  placed  among  the 
proceedings,  or  upon  the  records  of  the  committee  or  the 
corporation  ; the  award  of  the  committee  rendered  in  con- 
formity herewith,  and  as  prescribed  by  the  by-laws,  shall 
be  conclusive  on  all  parties  to  the  submission.  It  shall  in 
all  cases  be  in  writing,  signed  by  the  members  of  the  com- 
mittee who  agreed  upon  it,  and  filed  among  the  proceedings 
of  the  committee,  but  copies  shall  be  given  by  the  secre- 
tary, with  his  attestation  and  the  seal  of  the  corporation 
attached,  to  the  respective  parties,  as  soon  as  may  be  after 
said  award  shall  have  been  rendered.** 

**Note. — As  to  setting  aside  an  award  under  arbitration,  see,  Mitchell 
V.  Price,  Daily  Record,  February  10,  1894.  In  relation  to  arbitration 
and  award,  see  also,  Roberts  v.  Consumers’  Can  Co.,  102  Md.  362. 


230 


MISCEI^IvANEOUS  EOCAE  EAWS. 


Award  by 
agieement  in 
writing  may 
be  final  and 
be  enforced 
by  writ  of  ex- 
ecution. 


No  jurisdiction 
in  matters  af- 
fecting title 
to  real  estate, 


Stay  of  judg- 
ment: strik- 
ing out 
judgments; 
appeals. 


1870,  ch.  136.  P.  E.  E.,  (1888)  Art.  4,  Sec.  70. 

228.  If  the  parties  to  any  submission  shall  agree  to  do 
so  they  may  stipulate  as  part  of  said  submission,  in  writing, 
that  the  award  of  the  committee  rendered  in  conformity 
herewith  and  with  the  by-laws,  shall  stand  and  avail  as 
against  them  to  the  same  effect  as  a judgment  or  decree 
of  a court  of  competent  jurisdiction,  in  which  case  either 
party  desiring  and  entitled  to  the  enforcement  of  said 
award,  may  file  a copy  of  the  same  and  of  the  submission, 
attested  under  seal  by  the  secretary  of  the  corporation, 
for  record  with  the  clerk  of  any  court  of  this  State  having 
jurisdiction  of  the  subject-matter,  and  the  person  against 
whom  said  enforcement  is  sought ; and  thereupon  it  shall 
be  the  duty  of  said  court,  on  motion  or  application,  ex  parte, 
at  any  time  after  ten  days  from  the  filing  of  the  award,  to 
enter  judgment  or  decree  thereupon,  as  upon  a final  award 
made  by  referees  under  rule  of  court ; upon  which  judg- 
ment or  decree,  execution  shall  issue  without  stay.  No 
matter  affecting  the  title  of  real  estate,  however,  shall  be 
submitted  to  or  arbitrated  by  the  said  committee  under  this 
or  the  preceding  section,  but  the  committee  may  direct  in 
its  award  the  payment  of  the  costs  and  expenses  of  the 
arbitration,  and  the  amount  thereof  shall  be  embraced  as 
a principal  sum  in  the  judgment  or  decree  to  be  rendered  ; 
if  awarded,  to  be  paid  by  the  party  against  whom  such 
judgment  or  decree  is  sought.  No  judgment  or  decree 
rendered  on  any  such  award  shall  be  liable  to  be  stayed, 
except  upon  allegation,  under  oath  of  the  defendant,  of 
manifest  fraud  in  the  procurement  or  rendition  of  the 
award,  or  of  a material  and  substantial  failure  of  the  com- 
mittee specifically  alleged  and  set  forth,  to  comply  with 
the  by-laws  or  sections  226  or  227,  in  the  hearing  and 
determination  of  the  matters  submitted  ; nor  shall  any  such 
judgment  or  decree  be  quashed,  modified  or  stricken  out, 
except  upon  satisfactory  proof  of  the  matters  so  required 
to  be  so  alleged  ; neither  shall  there  be  any  appeal  in  any 
case  from  the  original  judgment,  order  or  decree,  whereby, 
after  a hearing  of  the  allegations  and  proofs  as  aforesaid, 
the  said  original  judgment  or  decree  shall  be  maintained. 


ASSAULT  AND  BATTERY. 


231 


ASSAULT  AND  BATTERY. 

P.  L.  Iv.,  (1860)  Art.  4,  Sec.  155.  P.  L.  L.,  (1888)  Art.  4,  Sec.  71. 

229.  Any  person  who  shall,  without  any  provocation,  " nd 
assault  and  beat  any  person  in  any  of  the  streets,  lanes,  ^a.  m. 
alleys  or  highway  of  the  City  of  Baltimore,  or  at  any  place 
of  public  resort  or  amusement,  between  the  hours  of  six 
o’clock  in  the  evening  and  six  o’clock  the  following  morn- 
ing, or  who  shall  counsel,  aid  or  abet  in  such  assault  and 
battery,  shall  be  fined  in  a sum  not  less  than  twenty-five 
dollars  and  be  imprisoned  not  less  than  one  month,  or  the 
Judge  of  the  Criminal  Court  of  Baltimore  City,  or  the 
judge  having  jurisdiction  of  the  offense,  may,  in  his  discre- 
tion,  sentence  the  person  convicted  of  such  offense  to  con- 
finement in  the  penitentiary  for  a period  not  less  than 
six  months  nor  more  than  two  years. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  156.  P.  L.  L.,  (1888)  Art.  4,  Sec.  72. 

230.  It  shall  not  be  necessary  to  state  with  more  p]eadinj?.s. 
particularity  than  is  now  necessary  in  proceedings  for  averments, 
assaults  and  batteries,  the  time  or  place  of  such  assault 
and  battery  in  the  recognizance  or  commitment  on  which 
the  said  person  is  tried,  but  the  said  person  may  be  tried 
on  a recognizance  or  commitment  for  a common  assault 
and  battery,  and  shall  be  sentenced  by  the  court  according 
to  the  facts  proved  at  the  trial. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  157.  P.  L.  L.,  (1888)  Art.  4,  Sec.  73. 

231.  In  case  the  said  person  is  tried  upon  a present- Presentment  or 
ment  or  indictment,  it  shall  only  be  necessary  to  allege  in  necessar3’  al- 
the  presentment  or  indictment  that  the  offense  was 
committed  between  the  hours  aforesaid,  and  that  it  was 
committed  on  a highway  in  the  City  of  Baltimore,  or  at  a 

place  of  public  resort  or  amusement,  without  setting  forth 
said  highway  or  place  of  public  resort  or  amusement  by 
name. 

% 

AUCTIONS. 

232.  Repealed  by  Act  of  1900,  Chapter  208. 


232 


MISCELLANEOUS  LOCAL  LAWS. 


233.  Repealed  by  Act  of  1900,  Chapter  208. 

234.  Repealed  by  Act  of  1900,  Chapter  208. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  88.  P.  L.  E.,  (1888)  Art.  4,  Sec.  77. 

'cSSiated  duties  shall  be  calculated  on  the  sums  for 

and  paid,  which  the  property  or  goods  so  exposed  to  sale  shall  be 
respectively  struck  off,  and  shall  in  all  cases  be  paid  by  the 
person  making  the  sale. 

state  V.  Hoboken  Bank,  84  Md.  325. 


P.  L.  E.,  (I860)  Art.  4,  Sec.  89.  P.  E.  E..  (1888)  Art.  4,  Sec.  78. 

^pr1vS?sa”es.  236.  No  duties  shall  be  chargeable  upon  any  goods, 
wares,  merchandise  or  other  property  sold  by  any 
auctioneer  at  private  sale  on  the  days  of  his  public  auction, 
or  unless  the  same  be  part  of  what  was  offered  for  sale  at 
said  public  auction  or  was  advertised  to  be  sold  thereat. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  90.  P.  E.  E.,  (1888)  Art.  4,  Sec.  79. 

Duty  lien  on  237.  The  duty  imposed  on  all  sales  of  lands,  tenements 

real  estate.  ^ . , . 

and  hereditaments,  or  of  any  interest  therein,  at  public 
auction  in  the  City  of  Baltimore,  shall  be  a lien  on  the  said 
property  when  sold  as  aforesaid. 

state  V.  Hoboken  Bank,  84  Md.  325. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  91.  P.  E.  E.,  (1888)  Art.  4,  Sec.  80. 

^pa^?TutV°  238.  Every  purchaser  of  lands,  tenements  or  heredita- 
ments, or  of  any  interests  therein,  purchased  at  public 
auction  in  the  City  of  Baltimore,  shall  be  bound  to  pay  the 
auction  duty  on  such  sale  and  be  entitled  to  claim  the  said 
payment  as  a credit  on  his  purchase  as  aforesaid. 

state  V.  Hoboken  Bank,  84  Md.  325. 

P.  E.  E.,  (I860)  Art.  4,  Sec.  92.  P.  E.  E.,  (1888)  Art.  4,  Sec.  81. 

Sale  to  highest  239.  All  goods  and  property,  of  what  kind  soever,  shall 
bidder.  cases  be  struck  off  to  the  highest  bidder  ; and  where 

the  auctioneer  or  owner,  or  any  person  employed  by  them 


AUCTIONS. 


233 


or  either  of  them,  shall  be  such  bidder,  the  goods  or 
property  shall  be  subject  to  the  same  duties  as  if  struck 
off  to  any  other  person ; but  this  section  shall  not  be 
construed  to  render  valid  any  sale  that  would  otherwise  be 
deemed  fraudulent  and  void. 

Warehime  v.  Graf,  83  Md.  98. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  93.  P.  L.  L.,  (1888)  Art.  4, 

Sec.  82.  1894,  ch.  350. 

240.  The  Governor,  by  and  with  the  advice  and  Governor  to 

appoint  auc- 

consent  of  the  Senate,  shall  biennially  appoint  as  many  tioneers. 
auctioneers  in  the  City  of  Baltimore  as  he  may  think 
proper,  not  to  exceed  thirty. 


P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  94.  P.  P.  P.,  (1888)  Art.  4,  Sec.  83. 

241.  Each  person  so  appointed,  the  amount  of  whose  saies  under 
sales  of  goods,  wares,  merchandise  and  personal  property 

of  every  kind,  exclusive  of  his  real  estate  sales  and  sales 
of  houses,  shall  not  exceed  the  sum  of  one  hundred  and 
fifty  thousand  dollars,  shall,  before  entering  upon  the 
duties  of  his  office,  enter  into  a recognizance  to  the  State,  Recognizance, 
with  two  sufficient  securities,  in  the  sum  of  five  thousand 
dollars,  conditioned  for  the  payment  of  the  duties  herein- 
before mentioned  to  the  Treasurer  of  Maryland,  and  that 
he  shall  in  all  things  well,  truly  and  faithfully  behave  and 
conform  himself  according  to  the  true  intent  and  meaning 
of  this  law;  and  shall  also  pay  to  the  Treasurer  of  Maryland 
the  sum  of  four  hundred  and  fifty  dollars,  as  a license. 

McMechin  v.  Mayor,  2 H.  & J.  4P  McMechin  v.  Mayor,  3 II.  & J.  534. 

P.  P.  P.,  (1860)  Art.  4,  Sec.  95.  1872  ch.  249.  P.  P.  P.,  (1888) 

Art.  4,  Sec.  84. 

242.  Any  auctioneer  paying  the  license  fee,  and  exe-  ucensee  to 
cuting  the  bond  prescribed  in  the  preceding  section,  may  n^hTsTfgen- 
make  sales  of  every  description  of  goods,  wares  and  timleer'?’ 
merchandise  of  every  kind,  and  real  estate,  and  may 
exercise  all  the  rights  and  privileges  of  a general  auctioneer 

to  the  extent  and  amount  of  the  sum  prescribed  in  said 
section  ; and  he  shall  make,  under  oath,  quarterly  returns 


234 


MISCEI.LANKOUS  LOCAL  LAWS. 


To  make  quar- 
terly returns 
to  Comptrol- 
ler. 


Penalty. 


Sales  over 
$150,000. 


Recognizance. 


License. 


Auctioneer  of 
books,  maps, 
prints. 


Auctioneer  for 
vending 
horses  car- 
riages, etc. 


to  the  Comptroller  of  the  City  of  Baltimore,  showing  the 
full  amount  of  his  sales  of  every  kind,  distinguishing  his 
sales  of  goods,  wares  and  merchandise,  and  personal 
effects  of  every  kind,  from  his  sales  of  real  estate  and 
houses;  and  if  any  auctioneer  under  said  license  shall  sell 
any  amount  exceeding  the  sum  named  in  the  last  preceding 
section,  he  shall  be  subject  to  all  the  penalties  hereinafter 
imposed  upon  auctioneers  who  shall  sell  without  license.** 

P.  L.  L.,  (1860)  Art.  4,  Sec.  96.  P.  L.  L.,  (1888)  Art.  4,  Sec.  85. 

243.  Each  auctioneer  so  appointed  whose  sales  of 
goods,  wares  and  merchandise,  and  personal  effects  of 
every  kind,  exclusive  of  his  real  estate  sales  and  sales  of 
houses,  shall  exceed  the  sum  of  one  hundred  and  fifty 
thousand  dollars,  shall,  before  he  enters  upon  the  duties 
of  his  office,  enter  into  a recognizance  to  the  State,  with 
two  sufficient  securities  in  the  sum  of  ten  thousand  dollars, 
conditioned  as  hereinbefore  prescribed,  and  shall  pay  to 
the  State  Treasurer  the  sum  of  seven  hundred  and  fifty 
dollars  as  a license  fee. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  97.  P.  L.  L.,  (1888)  Art.  4,  Sec.  86. 

244.  If  any  person  so  appointed  shall  desire  to  pursue 
the  business  of  an  auctioneer  for  the  sole  purpose  of  selling 
books,  maps  or  prints,  by  day  or  by  night,  he  shall  be 
entitled  to  do  so  by  first  entering  into  a recognizance  to 
the  State,  with  two  sufficient  securities  in  the  penalty  of 
five  thousand  dollars,  conditioned  as  hereinbefore  pre- 
scribed, and  by  paying  to  the  State  Treasurer  the  sum  of 
one  hundred  and  fifty  dollars. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  98.  P.  L.  L.,  (1888)  Art.  4,  Sec.  87. 

245.  If  any  person  so  appointed  shall  desire  to  pursue 
the  business  of  an  auctioneer  for  the  sole  purpose  of  vending 


**NoTL. — This  section  has  been  modified  to  conform  to  the  changes 
in  the  law  made  necessary  by  the  repeal  of  section  233  of  this  Article,  by 
Act  1900,  ch.  208. 


AUCTIONS. 


235 


horses  and  carriages,  he  shall  be  entitled  to  do  so  by  first 
entering  into  a recognizance  to  the  State,  with  two  suffi- 
cient securities  in  the  sum  of  one  thousand  dollars,  and 
paying  to  the  State  Treasurer  the  sum  of  fifty  dollars  as  a 
license  fee. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  99.  P.  L.  L.,  (1888)  Art.  4,  Sec.  88. 

246.  A license  may,  on  the  request  and  with  the  Ucense  nunc 
consent  of  the  party,  be  issued  by  the  State  Treasurer, 

nunc  pro  tunc,  so  as  to  avail  him  for  a year  from  the  day 
on  which  his  license  expired,  or  in  such  manner  as  to  avail 
him  for  any  part  of  the  interval  the  applicant  may  desire  ; 
but  no  license  issued  under  this  section  shall  acquit  the 
party  obtaining  it  of  any  penalty  hereby  imposed  for 
selling  without  license,  if  prosecution  therefor  shall  have 
been  commenced  before  such  license  was  obtained. 

P.  L.  L.,  (I860)  Art.  4,  Sec.  100.  P.  L.  P.,  (1888)  Art.  4,  Sec.  89. 

247.  In  case  of  the  death  of  any  auctioneer  before  the  Death  of  ucen- 

see. 

time  limited  in  his  license  has  expired,  his  co-partner  or 
co-partners,  if  he  has  any,  or  his  personal  representative, 
may  continue  to  act  under  the  license  for  the  unexpired 
term. 

P.  L.  L.,  (1860)  Art.  4.  Sec.  101.  P.  L.  L.,  (1888)  Art.  4,  Sec.' 90. 

248.  All  recognizances  directed  to  be  taken  by  this  Recognizances, 
sub-division  of  this  Article  shall  be  taken  by  the  Clerk  of 

the  Court  of  Common  Pleas,  and  duplicates  shall  be  made 
of  the  record  of  every  such  recognizance  by  said  clerk,  one 
whereof  shall  be  delivered  or  be  caused  to  be  delivered  by 
such  auctioneer  to  the  State  Treasurer,  within  ten  days 
after  the  date  of  such  record,  and  the  other  shall  be 
retained  by  said  clerk,  who  shall  be  entitled  to  demand  for 
the  same  from  the  auctioneer  the  sum  of  one  dollar. 

P.  P.  P.,(1860)  Art.  4,  vSec.  102.  P.  P.  P.,(1888)  Art.  4,  Sec.  91. 

249.  The  State  Treasurer,  on  his  being  satisfied  that  when^s^ate 
the  recognizance  herein  required  has  been  entered  into  by  is.sue  license, 
any  of  the  persons  appointed  auctioneers  by  the  Governor, 


236 


MISCELIvANEOUS  EOCAE  EAWS. 


Penalty  for 
selling-  -with- 
out appoint- 
ment. 


Penalty  for 
selling  with- 
out recogni- 
zance and  li- 
cense. 


Penalty  for 
sales  with- 
out author- 
ity. 


and  upon  his  receiving  the  license  fee  required  from  such 
person,  shall  issue  a general  or  special  license  to  such  per- 
son as  the  person  may  be  entitled  to,  for  the  term  of  one 
year  from  the  date  of  such  license. 


P.  E.  L.,  (1860)  Art.  4,  Sec.  103.  1872,  ch.  249. 

P.  L.  E.,  (1888)  Art.  4.  Sec.  92. 

250.  If  any  person  not  appointed  and  authorized  in  the 
manner  herein  directed,  nor  by  nor  under  some  official 
authority  under  the  laws  of  the  United  States,  shall  sell  or 
attempt  to  sell  any  goods,  wares,  merchandise  or  effects 
of  any  kind,  real  estate  or  vessels,  in  the  City  of  Baltimore, 
by  public  auction,  he  shall  be  considered  guilty  of  a mis- 
demeanor, and  shall  be  subject  to  presentment  and  indict- 
ment in  the  Criminal  Court  of  Baltimore,  and  shall  on 
conviction,  be  fined  in  a sum  not  exceeding  five  hundred 
dollars  nor  less  than  one  hundred  dollars,  or  be  imprisoned 
for  a term  not  exceeding  three  months,  or  both,  at  the 
discretion  of  the  court. 


P.  L.  E.,  (I860)  Art.  4,  Sec.  104.  1872,  ch.  249. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  93. 

251.  If  any  auctioneer  shall  sell  any  goods,  wares, 
merchandise  or  effects  or  vessels,  by  way  of  public  auction, 
without  having  entered  into  the  recognizance  and  paid  the 
license  fee  hereinbefore  required,  he  shall  be  deemed 
guilty  of  a misdemeanor,  and  shall  be  subject  to  present- 
ment and  indictment  in  the  Criminal  Court  of  Baltimore, 
and  on  conviction  thereof  shall  be  fined  in  a sum  not  ex- 
ceeding one  hundred  dollars  nor  less  than  fifty  dollars  for 
each  and  every  article  so  exposed  for  sale. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  105.  P.  E.  E.,  (1888)  Art.  4.  Sec.  94. 

252.  If  any  auctioneer  shall  sell  any  goods  or  property 
other  than  such  as  he  is  authorized  to  sell  by  the  terms  of 
his  license,  he  shall  be  deemed  guilty  of  a misdemeanor, 
and  shall  be  subject  to  presentment  and  indictment  in  the 
Criminal  Court  of  Baltimore,  and  on  conviction  thereof 


AUCTIONS. 


237 


shall  be  fined  in  a sum  not  exceeding  one  hundred  dollars, 
nor  less  than  fifty  dollars  for  each  and  every  article  so  sold. 


P.  Iv.  L.,  (1860)  Art.  4,  Sec.  106.  P.  L.  L.,  (1888)  Art.  4,  Sec.  95. 

253.  If  any  person  commissioned  as  auctioneer  shall  Failure  to  take 

.,.  T license, 

neglect  to  take  out  a license  within  twenty  days  alter  his  penalty, 
commission  shall  have  been  forwarded  to  him  by  the 
Governor,  such  commission  shall  be  deemed  null  and  void, 
and  the  Governor  shall  appoint  some  other  person  to  supply 
the  vacancy  in  the  number  of  auctioneers  caused  by  such 
neglect. 


P.  Iv.  L.,  (1860)  Art.  4,  Sec.  107.  P.  T.  L.,  (1888)  Art.  4,  Sec.  96. 


254.  The  recognizance  herein  required  shall  be  annually 
renewed. 


Annual  renew- 
al of  recogni- 
zances. 


P.  L.  Iv.,  (1860)  Art.  4,  Sec.  108.  P.  P.  Iv.,  (1888)  Art.  4,  Sec.  97. 

255.  If  any  surety  of  any  auctioneer  shall  remove  from  New  security 
this  State  or  become  insolvent  the  State  Treasurer  shall  val  from 
demand  other  surety  in  his  place ; and  if  the  auctioneer  solvency  of 
shall  neglect  or  refuse  to  give  other  security  within  three 

days  after  such  demand  is  made  his  license  shall  thence- 
forth be  null  and  void  to  all  intents  and  purposes  as  if  the 
same  had  never  been  granted,  and  the  State  Treasurer 
shall  immediately  give  public  notice  thereof  in  two  or  more 
public  newspapers  published  in  said  City. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  109.  P.  L.  P.,  (1888)  Art.  4,  Sec.  98. 

256.  If  any  auctioneer  appointed  under  this  sub-division  Forfeiture  of 
of  this  Article  shall  accept  at  any  time  during  the  continu-  ff  auctioneer 
ance  of  his  appointment,  an  appointment  as  auctioneer  Appointment 
from  any  other  State  he  shall  be  deemed  to  have  forfeited  state.^”° 
his  appointment  under  this  sub-division  of  this  Article. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  110.  P.  L.  L.,  (1888)  Art.  4,  Sec.  99. 

257.  Every  auctioneer  in  said  City  shall  designate  in  partners  to  be 
writing  his  partner  or  partners,  if  any  are  engaged  with  wA^ufng!" 
him  in  his  said  business,  and  the  houses  or  stores  occupied 


238 


MISCElvIvANEOUS  EOCAE  EAWS. 


Penalty  for 
failure. 


Mayor  to  desig- 
nate places 
for  sale  of 
horses  and 
carriages. 


Registry  of 
such  sales. 


Deposit  of 
registry  at 
end  of  each 
year. 


Commission 
on  sales  of 
books,  etc. 


by  him  for  the  transaction  of  auction  business,  and  shall 
deposit  such  writing  with  the  State  Treasurer  ; and  if  any 
auctioneer  in  said  City  shall  enter  upon  the  duties  of  his 
office  before  so  doing  he  shall  be  deemed  guilty  of  a mis- 
demeanor, and  on  conviction  shall  be  fined  in  a sum  not 
exceeding  five  hundred  dollars  ; and  it  shall  be  the  duty  of 
the  court  before  whom  such  conviction  is  had,  to  transmit 
forthwith  a particular  report  thereof  to  the  Governor,  who 
may  in  his  discretion,  inhibit,  during  his  pleasure,  the  per- 
son convicted  from  acting  as  auctioneer. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  111.  P.  E.  E.,  (1888)  Art.  4,  Sec.  100. 

258.  The  Mayor  of  the  City  may  designate  the  place  or 
places  for  the  sale  of  horses  and  carriages  and  make  such 
regulations  in  respect  to  the  time  and  manner  of  selling 
horses  and  carriages  at  auction,  and  the  riding  and  driving 
of  such  horses  and  carriages,  as  he  shall  deem  best  calculated 
to  promote  public  convenience  and  protect  the  persons  of 
individuals  from  danger. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  112.  P.  E.  E.,  (1888)  Art.  4,  Sec.  101. 

259.  Every  auctioneer  appointed  and  licensed  for  the 
sale  of  horses  shall  keep  a registry  of  all  horses  sold  by 
him,  specifying  a description  of  the  horse  sold,  the  sum 
for  which  he  sold,  and  the  name  and  residence  of  the  seller 
and  buyer,  and  shall  deposit  such  registry,  with  an  oath  of 
the  truth  thereof,  at  the  end  of  each  year  with  the  Clerk 
of  the  Court  of  Common  Pleas. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  113.  P.  E.  E.,  (1888)  Art.  4,  Sec.  102. 

260.  No  auctioneer  specially  licensed  for  selling  books, 
maps  or  prints  shall  be  entitled  to  demand  or  receive, 
without  a previous  agreement  to  the  contrary,  from  any 
person,  directly  or  indirectly,  a commission  exceeding 
seven  dollars  and  fifty  cents  for  every  hundred  dollars  of 
the  purchase  money  arising  from  such  sales,  exclusive  of 
all  duties. 


AUCTIONS. 


239 


P.  L.  L.,  (1860)  Art.  4,  Sec.  114.  P.  L.  L-,  (1888)  Art.  4,  Sec.  103. 

261.  No  auctioneer  licensed  to  sell  to  the  amount  of  comnnssions^^ 
one  hundred  and  fifty  thousand  dollars,  without  a previous  $150,000. 
agreement  to  the  contrary,  shall  be  entitled  to  demand  or 
receive  for  his  services,  directly  or  indirectly,  a commission 
exceeding  four  dollars  clear  of  all  duties,  for  every  hundred 
dollars  of  the  purchase  money  arising  from  such  sales.** 


P.  h.  Iv.,  (1860)  Art.  4,  Sec.  115.  P.  h.  L.,  (1888)  Art.  4,  Sec.  104. 

262.  No  auctioneer,  licensed  generally  for  the  sale  of  commissions 
goods,  wares  and  merchandise,  exceeding  one  hundred  and  of 
fifty  thousand  dollars,  without  a previous  agreement  to 
the  contrary,  shall  be  entitled  to  demand  or  receive  for  his 
services,  directly  or  indirectly,  a commission  exceeding 
two  dollars,  clear  of  all  duties,  for  every  hundred  dollars 
of  the  purchase  money  arising  from  such  sales,  except  Exceptions, 
upon  sales  of  furniture  and  wearing  apparel,  upon  which 
they  shall  be  entitled  to  receive  four  dollars,  clear  of  duties, 
for  every  hundred  dollars  arising  from  such  sales ; and 
except  also  upon  the  sales  of  books,  stationery,  maps  and 
prints,  upon  which  they  shall  be  entitled  to  receive  seven 
dollars  and  fifty  cents,  clear  of  duties,  for  every  hundred 
dollars  arising  from  such  sales ; and  upon  these  articles 
the  auctioneer  mentioned  in  the  preceding  section  may 
charge  a similar  amount. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  116.  P.  L.  L.,  (1888)  Art.  4,  Sec.  105. 

263.  Any  auctioneer  who  shall  receive  or  accept  any  pe„aity  for  ex- 
greater  or  higher  reward  for  his  services  than  is  authorized  thirsts. 
by  this  sub-division  of  this  Article,  shall  forfeit  the  sum  of 
five  hundred  dollars  for  every  offence,  to  be  recovered  in 
the  name  of  the  State  by  suit,  or  by  indictment  in  the 
Criminal  Court,  one-half  to  the  use  of  the  State  and  the 
other  half  to  the  use  of  the  party  prosecuting  for  the 
same. 


**See  decisons  of  Brown,  C.  J.,  in  the  City  Court,  March,  187^,  in 
cases,  Henry  Linker  v.  Woodville  and  Norman,  and  Grotjan  and  Mitchell 
V.  Emerick. 


240 


MISCKI.I.A.NKOUS  I.OCAI.  I.AWS. 


P.  L.  Iv.,  (I860)  Art.  4,  Sec.  117.  1872,  ch.  249. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  106. 

Who  may  sell  264.  No  auctioiieer  shall  authorize  or  permit  any  person 

under  auc-  ^ i i 

tioneer's  li-  whatovor  to  soll  any  property  ot  any  description  whatever, 
under  and  by  virtue  of  his  license,  unless  the  person  so 
authorized  or  permitted  is  actually  and  bona  fide  in  the 
employment  of  such  auctioneer,  and  is  actually  and  bona 
fide  a resident  of  Baltimore  City  at  the  time  of  such 
employment,  and  the  commissions  on  such  sales  are  actually 
and  bona  fide  for  the  benefit  of  such  auctioneer  ; and  no 
license  shall  be  construed  to  authorize  the  holder  to  sell  at 
more  than  one  regular  establishment,  but  an  auctioneer 
may  sell  public  stocks,  houses,  lots  and  furniture,  or  ships 
or  vessels,  on  the  premises  where  the  same  may  be,  or  at 
the  exchange,  or  goods  in  the  original  form  and  packages 
as  imported,  and  bulky  articles,  such  as  have  been  usually 
sold  in  warehouses  or  in  the  public  streets  or  on  the  wharves, 
at  such  other  places  within  the  City  as  shall  be  desired  by 
the  owner  or  importer  of  such  bulky  articles  or  imported 
goods. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  118.  1872,  ch.  249. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  107. 

Penalty.  265.  If  any  auctioneer  shall  violate  any  of  the  provisions 

of  the  last  preceding  section  he  shall  be  deemed  guilty  of 
a misdemeanor  for  every  such  violation,  and  shall  be  subject 
to  presentment  and  indictment  in  the  Criminal  Court  of 
Baltimore  and  on  conviction  thereof  shall  be  fined  in  a sum 
not  exceeding  two  hundred  dollars,  nor  less  than  one 
hundred  dollars. 

P.  Iv.  Iv..  (1860)  Art.  4,  Sec.  119.  P.  Iv.  Iv.,  (1888)  Art.  4,  Sec.  108. 

Quarterly  re-  266.  Evory  auctionoor  within  thirty  days  after  the 
&mpt?oiier.  fii*st  days  of  January,  April,  July  and  October  of  the  year 
for  which  he  shall  have  been  appointed,  and  in  each  and 
every  year  that  he  shall  hold  and  continue  in  the  office  and 
duty  of  such  auctioneer,  shall  render  to  the  Comptroller  of 
the  City  of  Baltimore  a true  and  particular  account  in 
writing  of  the  money  or  sums  of  money  for  which  any 


AUCTIONS. 


241 


goods,  wares  or  merchandise,  or  other  property  of  every 
kind,  shall  have  been  sold  at  every  sale  since  entering  on 
the  duties  of  his  office,  or  since  the  last  account  was 
rendered,  of  the  amount  of  each  day's  sales  and  the  days 
when  sold,  distinguishing  the  sales  made  by  him  personally 
or  in  his  presence,  and  those  made  by  his  partner  or 
partners  or  clerk,  in  consequence  of  his  absence ; setting 
forth,  also,  the  amount  of  all  goods,  wares,  merchandise  and 
other  property  sent  or  entrusted  to  him,  his  partner  or 
partners  for  sale,  and  by  him  or  them  sold  at  auction,  and 
the  days  on  which  the  same  were  sold,  and  particularizing 
the  amount  of  the  several  duties  chargeable  on  said  sales, 
duplicate  copies  of  which  said  accounts,  properly  sworn  to 
as  required  in  section  267,  shall  be  transmitted  to  the 
Comptroller  of  the  State,  by  every  such  auctioneer,  within 
the  said  thirty  days  after  the  said  first  days  of  January, 
April,  July  and  October  of  the  year  or  years  as  aforesaid  ; 
and  every  auctioneer  shall,  within  thirty  days  after 
rendering  such  account,  pay  over  to  the  said  Comptroller 
of  Baltimore  City,  for  the  use  of  the  State,  subject  to 
provisions  hereinafter  contained,  all  such  sum  or  sums  of 
money  as  appear  to  be  due  from  him  to  the  State  for  duties, 
according  to  law. 


Information  to 
be  furnished. 


P.  L.  L.,  (1860)  Art.  4.  Sec.  120.  1872,  cli.  249. 

P.  L.  P.,  (1888)  Art.  4,  Sec.  109. 

267.  The  auctioneer  making  such  returns,  at  the  time  Returns  to  be 
of  making  the  same  shall  take  before  some  Justice  of  the  certified. 
Peace,  or  Judge  of  a court  of  record  the  following  oath ; 

‘ ‘I , do  solemnly  and  sincerely  swear  that 

the  account  now  exhibited  by  me,  and  to  which  I have 
subscribed  my  name,  contains  a just  and  true  account  of 
all  the  goods,  wares  and  merchandise,  and  property  of  every 
kind,  sold  or  struck  off  by  me  at  public  sale,  or  sold  at 
private  sale,  on  the  days  of  my  public  auctions,  or  sold  or 
struck  off  as  aforesaid  by  my  co-partner  or  co-partners  (if 
any  there  be) , or  by  others  in  my  name,  or  under  my 
direction,  and  in  my  actual  and  hona  fide  employment  (as 
the  case  may  be) , and  the  days  upon  which  the  same  were 
respectively  sold  ; that  I have  examined  the  entries  of  all 


242 


MISCELLANKOUS  EOCAE  EAWS. 


Who  may  si: 
certificate. 


Penalty  for 
failure  to 
make  re- 
turns. 


sales  mentioned  in  said  account  in  the  books  kept  by  me 
for  that  purpose,  and  I fully  believe  this  account  to  be 
correct ; and,  further,  that  I have,  during  the  time 
mentioned,  conformed  in  all  things  to  the  provisions  of  the 
law  relating  to  auctions  in  Baltimore  City,  according  to  the 
best  of  my  knowledge  and  belief,  so  help  me  God.  ’ ’ And  he 
shall  cause  a certificate  of  the  fact  that  he  has  taken  such 
oath,  duly  signed  by  said  Justice  or  said  Judge,  and  a 
certificate  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City,  of  the  official  character  of  said  Justice  when  signed 
by  him,  to  be  annexed  to  said  return  ; and  no  account  or 
return  of  sales,  as  provided  to  be  made  and  rendered  in  the 
preceding  section  shall  be  deemed  or  held  to  be  ‘ 'a  true 
and  particular  account,”  within  the  meaning  of  said 
preceding  section,  unless  the  oath  herein  provided  is  made 
and  annexed  to  such  account  or  return  of  sales  ; and  the 
auctioneer  refusing  or  neglecting  to  make  and  to  annex 
such  oath  shall  be  liable  to  be  proceeded  against  as  if  he 
had  not  made  and  rendered  any  account  on  return  of 
sales  as  required  by  law. 


P.  L.  E.,  (I860)  Art.  4,  Sec.  121.  1872,  ch.  249. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  110. 

268.  If  any  auctioneer  shall  refuse  or  neglect  to  trans- 
mit to  the  State  Treasurer  a duplicate  of  the  record  of  his 
recognizance  as  before  required,  or  shall  neglect  or  refuse 
to  render  an  account  of  sales  to  the  Comptroller  of  the  City 
of  Baltimore  quarter-yearly,  or  shall  refuse  or  neglect  to 
transmit  a duplicate  copy  of  such  account  to  the  Comptroller 
of  the  State  within  the  time  or  times  limited  for  rendering 
such  account  or  transmitting  such  duplicates  as  provided 
in  section  266,  or  shall  refuse  or  neglect  to  pay  over  to  the 
Comptroller  of  the  City  the  money  or  moneys  due  from 
him  to  the  State  for  duties,  according  to  law,  within  thirty 
days  after  rendering  such  account,  he  shall,  in  and  for 
each  and  every  such  case  of  refusal  or  neglect,  be  deemed 
guilty  of  a misdemeanor,  and  shall  be  subject  to  present- 
ment and  indictment  in  the  Criminal  Court  of  Baltimore, 
and  on  conviction  thereof  shall  be  fined  in  a sum  not 
exceeding  seven  hundred  dollars,  nor  less  than  one  hundred 


AUCTIONS. 


243 


dollars,  and  on  conviction  shall  further  be  deemed  to  have 
forfeited  his  appointment  as  auctioneer,  and  shall  be  dis- 
qualified from  acting  as  auctioneer  under  the  same  ; pro- 
vided, it  shall  be  competent  for  such  auctioneer  at  the 
trial  of  such  suit  to  give  in  evidence  every  matter  or  thing 
going  to  show  a satisfactory  excuse  on  his  part  for  such 
neglect  or  refusal  ; and  if  the  jury  before  which  such  suit 
shall  be  tried  shall  think  such  excuse  satisfactory,  they  shall 
return  a verdict  for  the  defendant ; the  defendant,  how- 
ever, in  such  case  to  pay  the  costs  of  the  prosecution  and 
provided  further,  that  no  suit  or  indictment,  or  conviction, 
under  this  section,  for  the  penalties  herein  contained,  shall 
be  held  to  bar  or  prevent  the  State  from  bringing  such 
civil  action  or  actions  in  any  of  the  courts  of  this  State 
against  any  auctioneer,  or  on  his  bond,  for  the  recovery  of 
money  that  may  be  due  the  State,  or  for  the  non-perform- 
ance or  mis-performance  of  any  duty  imposed  upon  him 
by  this  sub-division  of  this  Article,  and  for  which  a civil 
action  would  lie  against  him  or  on  his  bond. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  122.  P.  h.  h.,  (1888)  Art.  4,  Sec.  111. 

269.  Every  auctioneer  who,  within  the  period  limited  Affidavitwhere 
for  his  accounting  shgll  have  made  no  sales  of  goods  or  been  made, 
property  of  any  kind  liable  to  auction  duties,  shall  make 
and  subscribe  an  affidavit  of  those  facts  before  the  Judge 
of  the  Court  of  Common  Pleas,  and  shall  transmit  a copy 
of  the  said  affidavit,  certified  by  said  Judge,  to  the  State 
Treasurer,  within  the  same  time  that  an  account  is  required 
to  be  rendered,  under  the  penalty  prescribed  in  the  last 
preceding  section. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  123.  P.  L.  P.,  (1888)  Art.  4,  Sec.  112. 

270.  It  shall  not  be  lawful  for  the  Governor  to  nominate  Di.squaiifica- 
to  the  Senate  as  auctioneer  any  person  who  shall  not  have  to  s/uie 
settled  in  full  at  the  Treasury  office  for  all  amounts  due 
from  him  on  account  of  auction  duties. 


244 


MISCELI.ANEOUS  EOCAE  EAWS. 


P.  L.  E.,  (1860)  Art.  4,  Sec.  124.  1872,  ch.  249. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  113. 


Penalty  for 
malfeasance 
in  his  office. 


Bond  also 
liable. 


271.  If  any  auctioneer  shall  be  guilty  of  any  fraud  or 
deceit  in  the  discharge  of  the  duties  of  his  office,  or  shall 
elude  or  defeat  any  provisions  of  this  sub-division  of  this 
Article,  for  a violation  of  which  no  penalties  are  therein 
specially  prescribed,  he  shall  be  guilty  of  a misdemeanor 
and  subject  to  presentment  and  indictment  in  the  Criminal 
Court  of  Baltimore,  and  on  conviction  thereof  shall  be 
fined  in  a sum  not  exceeding  one  thousand  dollars,  nor 
less  than  one  hundred  dollars  for  every  such  offence  ; and 
if  any  auctioneer  shall  pay  or  cause  to  be  paid  directly  or 
indirectly,  to  any  trustee,  attorney,  executor  or  adminis- 
trator, selling  real  estate  or  property  of  any  kind  under 
any  order  of  any  court,  or  under  any  power  of  attor- 
ney, any  portion  of  the  fee  or  commission  received  or 
receivable  by  him,  and  charged  by  him  in  his  account  for 
making  any  sale  of  such  real  estate  or  property  for  such 
trustee,  attorney,  executor  or  administrator,  he  shall  be 
deemed  guilty  of  a misdemeanor,  and  on  conviction  thereof 
in  the  Criminal  Court  of  Baltimore  shall  be  fined  in  a sum 
not  exceeding  two  hundred  dollars,  nor  less  than  fifty 
dollars,  for  every  such  offence,  and  such  trustee,  attorney, 
executor  or  administrator  receiving  or  retaining  such 
portion  of  such  fee  or  commissions,  and  not  accounting 
for  it  to  the  proper  parties,  shall  be  liable  in  a suit  on  his 
bond  for  double  the  amount  so  received  or  retained  by  him, 
to  the  cestui  que  trust,  the  principal,  or  to  any  person 
interested  in  the  estate  which  he  represents. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  125.  P.  E.  E.,  (1888)  Art.  4,  Sec.  114. 

272.  If  any  person  shall,  within  seven  days  after  any 
such  offence  shall  be  committed,  prosecute  for  the  penalties 
imposed  by  this  sub-division  of  this  Article,  the  State  Treas- 
urer, upon  information  thereof  having  come  to  his  knowl- 
edge, shall  direct  the  State’s  Attorney  for  the  City  of 
Baltimore  to  prosecute  for  the  same  ; and  the  penalties 
when  recovered  shall  be  paid  into  the  treasury  for  the  use 
of  the  State. 


AUCTIONS. 


245 


P.  L.  L.,  (1860)  Art.  4,  Sec.  126.  P.  h.  h.,  (1888)  Art.  4,  Sec.  115. 

273.  If  any  person  shall  wilfully  swear  falsely  touch- Perjury, 
ing  any  matter  hereinbefore  required  in  this  sub-division 
of  this  Article  to  be  verified  by  oath,  he  shall  suffer  the 
pains  and  penalties  which  by  law  are  prescribed  for  wilful 
and  corrupt  perjury  ; and  if  an  auctioneer,  shall  also  forfeit 
his  office. 


P.  P.  P.,  (I860)  Art.  4,  Sec.  127.  1872,  ch.  249. 

‘ P.  P.  P.,  (1888)  Art.  4,  Sec.  116. 

; 274.  The  proceeds  of  such  auction  duties  to  the  amount  120,000  of  du- 

I of  twenty  thousand  dollars  shall  be  paid  over  by  the  Comp-  pafd^o^city 

t troller  of  the  City,  as  the  same  shall  be  received  by  him,  [Sg^channei 

to  the  Mayor  and  City  Council  of  Baltimore,  to  be  by  said  harbor. 

Mayor  and  City  Council  of  Baltimore  annually  appropriated 
^ to  the  purpose  of  deepening  and  improving  a channel  in 

I the  Chesapeake  Bay  and  Patapsco  River  and  the  harbor  of 

■ the  City  of  Baltimore. 

P.  P.  P.,  (I860)  Art.  4,  Sec.  128.  1872,  ch.  249. 

P.  P.  P.,  (1888)  Art.  4,  Sec.  117. 

275.  It  shall  be  the  duty  of  the  Mayor  and  City  h>jsburs^^ 
Council  of  Baltimore,  on  or  before  the  fifteenth  day  of 
September  in  each  year,  to  report  to  the  Comptroller  of 

the  State  a fair  and  strict  account  of  their  disbursement  of 
the  fund  arising  from  said  auction  duties,  as  to  the  amount 
the  same  are  appropriated  in  the  preceding  section  in 
relation  to  the  deepening  and  improving  said  channel, 

Patapsco  River  and  Baltimore  City  harbor  ; and  the  said 
Comptroller  shall  report  the  same  to  the  General  Assembly. 

; P.  P.  P.,  (I860)  Art.  4,  Sec.  129.  1872,  ch.  249. 

1 P.  P.  P.,  (1888)  Art.  4,  Sec.  118. 

276.  If  the  net  proceeds  of  said  auction  duties  shall  what  shaii  be 
ij  exceed  the  sum  of  twenty  thousand  dollars,  the  excess  of  TrUsurer.^  ^ 
i|  said  duties  above  that  sum  shall,  for  each  and  every  year 

..  that  they  shall  exceed  that  sum,  be  paid  over  by  the 
: I Comptroller  of  the  City  of  Baltimore  to  the  Treasurer  of 

' [ the  State ; and  in  case  of  such  excess  as  aforesaid,  the 


246 


MISCElvIyANKOUS  LOCAL  LAWS. 


Comptroller  of  the  City  shall  also  render  to  the  Comptroller 
of  the  State  a brief  statement  or  account,  showing  the 
amounts  received  by  him  on  account  of  auction  duties,  the 
amount  paid  the  Mayor  and  City  Council  of  Baltimore, 
under  Section  274,  and  the  balance  due  the  State  and 
payable  to  the  State  Treasurer— which  said  balance,  if  any, 
and  whenever  the  same  shall  arise  from  said  auction 
duties,  shall  be  paid  to  said  Treasurer  on  or  before  the 
twenty-fifth  day  of  September  in  each  and  every  year. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  130.  P.  L.  L.,  (1888)  Art.  4,  Sec.  119. 

^2^^276°“^  277.  The  provisions  of  the  three  preceding  sections 

shall  not  have  any  effect  if  the  City  of  Baltimore,  by 
ordinance  or  otherwise,  shall  make  any  charge  on  articles 
passing  over  or  deposited  on  the  wharves  of  said  City  for  a 
less  time  than  one  day,  for  the  purpose  of  delivery  only, 
from  or  on  board  of  any  vessel  trading  within  the  limits  of 
this  State,  other  than  the  regular  wharfage  chargeable  on 
such  vessel. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  131.  P.  L.  L.,  (1888)  Art.  4,  Sec.  120. 

27 S.  Nothing  contained  in  this  sub-division  of  this 
Article  shall  prohibit  the  sale  of  leather,  iron  or  tobacco, 
by  the  person  who  manufactured  the  same,  without  the 
license  herein  required. 

BAIL. 

1898,  ch.  138,  Sec.  207A. 

Court  to  fix  §278a.  The  Clerk  of  the  Criminal  Court  of  Baltimore 
bS?  t^ke^i  by  shall  have  power  at  any  time  to  take  bail  when  authorized 
clerk.  ]^y  the  court,  whether  the  court  is  in  session  or  not,  and 
although  the  defendant  is  not  present  or  does  not  join  in 
the  recognizance , but  in  all  cases,  before  bail  is  taken  by 
the  Clerk,  the  court  shall  fix  the  amount  thereof.** 


— In  relation  to  bail,  see,  Smith  v.  Fowler  & Thomas,  Daily 
Record,  March  11,  1903. 


BAIL. 


247 


1898,  ch.  138,  Sec.  207B. 

§278b.  Whenever  any  person  charged  with  a criminal  Recognizor  to 

1 •!  1 • • particu- 

offence  desires  to  be  admitted  to  bail,  his  recognizor,  larsofprop- 

• 1 n erty  before 

except  as  provided  for  in  the  next  succeeding  section,  shall  baiusaccept- 
sign  and  make  oath  to  an  application  in  which  shall  be 
stated  the  location  of  his  property,  his  interest  therein,  its 
value,  ground  rent,  mortgages,  and  other  recognizances 
and  incumbrances,  if  any,  to  which  it  may  be  subject,  and 
such  other  matters  as  may  be  inquired  of,  and  required  to 
be  inserted  in  the  application  by  the  clerk  to  whom  such 
application  is  made,  to  enable  such  clerk  to  determine  the 
value  of  the  security  offered. 


1898,  ch.  138,  Sec.  207C. 

§278c.  The  Clerk  of  the  Criminal  Court  of  Baltimore  Duty  of  cierk. 
may,  when  so  ordered  by  the  court,  admit  any  person  to 
bail  on  his  own  recognizance,  or  may  accept  a recognizor 
without  stated  property  qualifications. 


1898,  ch.  138,  Sec.  207D. 

§278d.  It  shall  be  sufficient  for  recognizances  taken  in  Formula  to  be 
the  Criminal  Court  of  Baltimore,  when  signed  by  the  judge  taking  recog- 
or  the  clerk  thereof,  to  conform  to  the  following  formula  ; 

“You  and  each  of  you  acknowledge  yourselves  to  owe  and 
stand  indebted  to  the  State  of  Maryland  in  the  sum  of 

dollars  for  the  appearance  of at  this  court 

on  the day  of 18 , to  answer  the  charge 

alleged  against  him,  and  to  attend  this  court  thenceforth 
from  day  to  day  until  discharged  therefrom  in  due  course 
of  law.” 


1898,  ch.  138,  Sec.  207E. 

§278e.  Every  recognizance  taken  in  any  criminal  Recognipnces 
proceeding  in  Baltimore  City  shall  be  a lien  upon  the  p°rop®rty!°" 
property  of  the  recognizor  mentioned  in  his  application 
from  the  date  of  the  acknowledgment  of  such  recognizance, 
unless  such  recognizance  shall  have  been  acknowledged 
before  a police  justice  or  before  a court  upon  writ  of 
habeas  corpus,  in  which  it  shall  be  a lien  from  the  time  it 


248 


MISCELLANEOUS  LOCAL  LAWS. 


Names  of  re- 
cognizors to 
be  recorded. 


Who  may  be 
accepted  as 
recognizor. 


Offences  not 
bailable. 


is  filed  with  the  clerk  of  the  Criminal  Court  of  Baltimore. 
When  any  recognizance  is  forfeited  it  shall  become  a 
judgment,  and  shall  have  all  the  effects  of  judgments 
rendered  in  civil  causes,  and  may  be  enforced  by  execution 
by  order  of  the  State’s  Attorney  at  any  time  within  six 
years  from  the  date  of  the  forfeiture,  and  not  afterwards. 


1898,  ch.  138,  Sec.  207F. 

§278f.  It  shall  be  the  duty  of  the  clerk  of  the  Criminal 
Court  of  Baltimore  immediately  to  record,  in  a properly 
indexed  book  to  be  provided  for  that  purpose,  the  names 
of  the  persons  who  have  entered  into  recognizances,  the 
date  of  the  filing  of  the  recognizance  with  the  clerk  of  the 
Criminal  Court,  if  such  recognizance  has  been  acknowl- 
edged before  a police  justice,  or  before  some  other  court 
upon  writ  of  habeas  corpus,  the  amount  thereof,  and  the 
date  of  the  acknowledgment  of  the  same  ; the  location  of 
the  property  mentioned  in  the  application,  and  when 
any  recognizance  shall  be  forfeited ; and  when  any 
forfeiture  shall  be  stricken  out  or  discharged,  it  shall  be 
the  duty  of  the  said  clerk  to  make  an  appropriate  entry  in 
said  book,  showing  such  disposition  of  the  recognizance  or 
the  forfeiture,  together  with  the  date  thereof. 


1898,  ch.  138,  Sec.  207G. 

§27 8g.  Any  officer  having  power  to  admit  to  bail  may 
accept  as  recognizor  any  bonding,  guarantee  or  trust  com- 
pany incorporated  under  the  laws  of  the  State  of  Maryland, 
or  under  the  laws  of  any  State  in  the  United  States,  and  do- 
ing business  in  the  city  of  Baltimore,  which  is  authorized 
by  its  charter  to  become  surety  on  official  bonds. 


1898,  ch.  138,  Sec.  207H. 

§278h.  No  police  justice  of  the  City  of  Baltimore  shall 
accept  bail  for  persons  charged  with  manslaughter,  murder 
or  any  offense  the  punishment  for  which  may  be  death ; 
any  such  justice  may,  in  his  discretion,  accept  the  bail  for 
any  person  charged  with  the  commission  of  any  felony 
other  than  those  above  mentioned,  and  any  misdemeanor 


BAIL. 


249 


the  punishment  for  which  may  be  confinement  in  the  pen-  ^^l^demTan- 
itentiary ; and  whenever  bail  is  offered  for  any  person  ^^aiiabie. 
charged  with  the  commission  of  any  misdemeanor  other 
than  those  already  set  forth,  such  justice  shall  accept  the 
same  ; provided  he  is  satisfied  with  the  security  offered. 


1898,  ch.  138,  Sec.  2071. 

§278i.  Whenever  a person  charged  with  a bailable,  oath  to  be 

ii  - taken  to  de- 

criminal  offense  before  a police  justice  desires  to  be  admit-  terminese- 

curity. 

ted  to  bail,  his  recognizor  shall  sign  and  make  oath  to  an 
application  in  which  shall  be  stated  such  matters  as  may 
be  required  of,  and  required  to  be  inserted  in  such 
application  by  the  police  justice  to  enable  him  to  determine 
the  value  of  the  security  offered.  Any  recognizance 
acknowledged  before  such  justice  shall  be  good,  although 
the  defendant  does  not  join  in  the  same. 


1898,  ch.  138,  Sec.  207J. 

§278j.  Whenever  any  person  charged  with  the  Recognizances 
commission  of  a criminal  offense  is  admitted  to  bail  by  a record°“f the 
police  justice  for  appearance  in  the  Criminal  Court  of  Court  if  of- 
Baltimore,  such  justice  shall  forthwith  deliver  the  recog-  me^d  tLreinT 
nizance  to  the  clerk  of  said  court,  such  recognizance  shall 
then  become  a record  of  said  court,  and  may  be  forfeited, 
and  the  forfeiture  may  be  enforced  in  the  same  manner  as 
if  the  recognizance  has  been  taken  by  the  court. 

1898,  ch.  138,  Sec.  207K. 

§27 8k.  Whenever  any  person  charged  with  a criminal  Bau  to  be  for- 
offense  before  a police  justice  is  admitted  to  bail  for  further  non-appear- 
hearing,  if  such  person  does  not  appear  at  such  hearing 
according  to  the  tenor  of  his  recognizance,  it  may  be 
forfeited.  If  forfeited,  the  justice  shall  note  the  forfeiture 
on  the  recognizance  and  deliver  it  to  the  • clerk  of  the 
Criminal  Court  of  Baltimore,  the  said  forfeited  recognizance 
shall  then  become  a record  of  said  court,  and  shall  have  the 
same  effect  and  may  be  enforced  in  the  same  manner  as  if 
it  had  been  taken  and  forfeited  by  the  court. 


250 


MISCElvIvANEOUS  LOCAL  LAWS. 


When  present 
able. 


Hours  of  clos- 
ing bank  on 
Saturday. 


When  bills, 
checks, 
drafts  and 
notes  falling 
due  on  any 
half-holiday 
Saturday  are 
payable  or 
presentable 
for  accept- 
ance or  pay- 
ment: when 
notice  of  pro- 
test, etc., 
may  be  given; 
rule  as  to  col- 
lection of  ne- 
gotiable 
paper. 


. BILLS  OF  EXCHANGE  AND  PROMISSORY  NOTES.* 

279.  Repugnant  to  provisions  of  Act  1898,  ch.  198.  See 
proviso,  section  3,  Act  1898,  ch.  123,  post. 


1892,  ch.  462.  1898,  ch.  198,  (Sec.  120A). 

§27 9a.  Any  bill  of  exchange,  bank  check,  draft  or 
promissory  note  presentable  for  payment  or  acceptance  in 
- the  City  of  Baltimore  on  the  first  day  of  the  week  commonly 
called  Sunday,  shall  be  deemed  to  be  presentable  for  pay- 
ment or  acceptance  on  the  next  succeeding  secular  or 
business  day. 


1892,  ch.  462.  1898,  ch.  198,  (Sec.  120B). 

§279b.  It  shall  be  lawful  for  banks  and  bankers  in  the 
City  of  Baltimore  to  close  their  doors  for  business  at  twelve 
o’clock  on  each  and  every  Saturday  in  the  year,  and  every 
Saturday  in  the  year  after  twelve  o’clock  noon,  shall  for  all 
purposes  whatever,  so  far  as  regards  the  presenting  for 
payment  or  acceptance  and  the  protesting  and  giving  notice 
of  the  dishonor  of  bills  of  exchange,  bank  checks,  drafts, 
promissory  notes  and  other  negotiable  papers,  be  a legal 
half  holiday,  and  shall  be  treated  and  considered  as  the 
first  day  of  the  week,  commonly  called  Sunday,  and  all  such 
bills,  checks,  drafts  and  notes,  which,  on  their  face,  or 
under  any  existing  law  or  by  the  provision  of  this  Act  shall 
be  payable  or  presentable  for  acceptance  or  payment  on 
any  half-holiday  Saturday  shall  be  deemed  to  be  payable  or 
presentable  for  acceptance  or  payment,  and  notice  of  pro- 
test and  dishonor  thereof  may  be  given  on  the  next  suc- 
ceeding secular  or  business  day  ; provided,  that  checks  and 
papers  payable  at  sight,  or  on  demand,  presentable  for 
payment  on  half-holiday  Saturday  may,  at  the  option 
of  the  holder  thereof,  be  payable  and  presentable 
for  acceptance  or  payment  on  such  half-holiday  Saturday 
before  twelve  o’clock  noon  ; provided  further,  that  for  the 
purpose  of  protesting  or  otherwise  holding  liable  any  party 


*Note. — When  protest  notary  unnecessary  to  hold  indorser,  see^ 

Kirk  V.  Belts,  Daily  Record,  March  26,  1891. 


BUILDINGS. 


251 


to  any  such  check  or  paper  payable  at  sight,  or  on  demand, 
presentable  for  payment  on  any  half-holiday  Saturday,  and 
which  shall  have  been  presented  and  dishonored  on  such 
half-holiday  Saturday,  notice  of  protest  and  dishonor  thereof 
may  be  given  on  the  next  succeeding  secular  or  business 
day  ; and  provided  further,  that  whenever  any  person  shall 
receive  for  collection  in  said  City  of  Baltimore,  any  bill  of 
exchange,  bank  check,  draft  or  promissory  note  due  and 
presentable  for  acceptance  or  payment  on  any  half-holiday 
Saturday,  such  person  shall  not  be  deemed  guilty  of  any 
neglect  or  omission  of  duty,  or  incur  any  liability  in  not 
presenting  for  payment  or  acceptance,  or  collecting  such 
bill  of  exchange,  bank  check,  draft  or  promissory  note  on 
that  day ; and  provided  further,  that  in  construing  this 
section,  every  half-holiday  Saturday  shall,  until  twelve 
o’clock  noon,  be  deemed  as  a secular  or  business  day. 

1892,  ch.  462.  1898,  ch.  198,  (Sec.  120c.) 

§279c.  Whenever  any  bill  of  exchange,  bank  check,  ^"computed  L 
draft  or  promissory  note  shall  be  presentable  for  payment  secular 
in  the  City  of  Baltimore  on  the  secular  or  business  day 
next  succeeding  the  day  on  which  it  would  otherwise  have 
been  presentable  for  payment,  interest  on  the  same  shall 
be  computed  down  to  and  including  such  secular  or  busi- 
ness day. 


BUILDINGS. 

1880,  ch.  133.  P.  L.  L.,  (1888)  Art.  4,  Secs.  125-128,  131A,  131B. 

1896,  ch.  363. 

280.  It  shall  not  be  lawful  for  the  owners  or  lessees  of  Aisles  of 
any  public  hall,  church,  school  or  place  of  amusement,  ha’n^Jnd 
in  the  Cities  of  Baltimore,  Annapolis,  Cumberland,  Fred-  amuSmlnt 
erick,  Hagerstown  or  Frostburg,  to  obstruct,  or  allow  to  s\°uc”te’d . 
be  obstructed  by  others,  any  of  the  aisles  or  passage-ways 
in  the  auditorium  of  said  halls,  churches,  schools  or  places 
of  amusement,  by  placing  therein  any  benches,  chairs  or 
stools,  or  other  articles  that  may  prevent  free  ingress  or 
egress  during  the  hours  that  said  places  may  be  open  to 
the  public.  Said  owners  or  lessees,  or  their  agents,  are 


252 


MISCELLANEOUS  LOCAL  LAWS. 


required  to  keep  open  at  all  hours  during  the  time  said 
halls,  churches,  schools  or  places  of  amusement  are  open  to 
the  public,  all  doors  giving  ingress  or  egress,  unless  said 
doors  open  outward  from  said  places ; then  the  same  may 
be  closed,  but  no  hindrances,  such  as  locks  or  catches  of 
any  kind,  shall  b*e  allowed  to  obstruct  or  prevent  instant 
and  easy  egress  through  the  same ; and  when  said  doors 
open  inwards,  it  is  required  of  said  owners,  lessees  or  their 
agents,  that  said  doors  shall  be  fastened  securely  and  firm- 
ly open.  Owners  or  lessees,  or  any  person  holding  under 
them,  or  their  agents,  violating  any  of  the  provisions 
aforesaid,  shall,  on  conviction  thereof,  be  fined  by  the 
court  before  which  such  conviction  is  had  for  any  violation. 
Penalty.  ^ cxcceding  five  hundred  dollars,  to  be  recovered 

as  other  fines  in  this  State,  one-half  of  which  shall  shall  go 
to  the  State  and  the  other  half  to  the  Cities  where  such 
violations  occur  and  convictions  thereof  are  had.  It  is 
Grand  jurie.s  to  ^^de  the  Special  duty  of  the  Judge  or  Judges  of  the  courts 
anTpou??  to  having  criminal  jurisdiction  in  said  Cities  of  Baltimore, 
se/vIn^°of  Annapolis,  Cumberland,  Frederick,  Hagerstown  and  Frost- 
reguiations.  to  especially  charge  the  Grand  Juries  of  said  courts 

upon  the  execution  of  the  foregoing  provisions ; and  the 
police  authorities  of  said  Cities  are  especially  charged  with 
the  execution  thereof,  and  to  that  end  shall  direct  nightly 
examinations  by  some  of  their  officers,  of  all  such  places. 
It  shall  not  be  lawful  for  any  person,  agent,  owner  or 
proprietor  of  any  sweat-shop  or  factory  where  four  or  more 
persons  are  employed,  to  use  any  coal  oil,  gasoline,  or  any 
Lighting  of  other  explosive  or  inflammable  compound  for  the  purpose  of 
^Sated^  lighting  or  heating  in  any  form  ; and  any  person,  agent, 
penalty.  Qwner  or  proprietor  violating  this  provision  shall  be  guilty 
of  a misdemeanor,  and  on  conviction  thereof,  be  fined 
by  the  court  before  which  such  conviction  is  had,  for  every 
violation,  the  sum  of  one  hundred  dollars  and  costs,  and 
stand  committed  until  such  fine  and  costs  be  paid.  The 
Lire  escapes  to  owner  or  owners  of  any  such  house  or  building  used  as  a 
pL^auy!^^^^’  sweat-shop  or  factory  where  four  or  more  persons  are 
employed  as  garment  workers,  on  other  than  the  first  floor 
of  such  house  or  building,  shall  provide  fire-escapes  for  the 
same  ; and  if  any  owner  or  owners  of  any  house  or  building 


CARRIAGES  AND  HORSES. 


253 


SO  used,  fail  to  make  or  provide  a fire-escape,  such 
owner  or  owners  shall  pay  a fine  of  two  hundred  dollars, 
to  be  recovered  as  other  fines  in  this  State,  or  imprison- 
ment in  the  City  Jail  for  sixty  days,  or  both  fine  and 
imprisonment,  in  the  discretion  of  the  court.** 


1900,  ch.  274. 

§280a.  Before  the  Appeal  Tax  Court  of  Baltimore  City to  be 
g*rants  any  permit  for  the  erection  of  new  buildings  it  beforrAp-”^ 
shall  be  shown  to  the  said  Court  to  its  satisfaction  that  all  courushaii 
taxes  due  and  unpaid  are  fully  paid  upon  the  land  on 
which  said  new  buildings  are  proposed  to  be  erected,  and 
no  permit,  as  aforesaid,  shall  be  issued  until  the  court  is 
so  satisfied,  and  an  appeal  is  allowed  from  this  as  in  other 
cases  before  said  court,  as  is  allowed  by  law. 


CARRIAGES  AND  HORSES. 

Hackney  Carriages. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  140.  1865,  ch.  90.  P.  L.  E.,  (1888)  Art.  4, 

Sec.  135.  1892,  ch.  631. 

281.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore  shall  determine  and  fix  the  rate  of  fare  to  be 
charged  by  the  owners  of  hackney  carriages  in  said  City  ; 
and  every  owner  of  a hackney  carriage  who  shall  have 
obtained  a license  therefor,  as  required  by  the  ordinances 
of  the  Mayor  and  City  Council  of  Baltimore,  shall  be 
authorized  and  entitled,  during  the  time  in  such  license 
specified,  to  ask,  charge  and  receive,  as  a compensation, 


**Note. — In  relation  to  the  provisions  in  section  280  regulating  sweat 
shops,  it  may  be  of  interest  to  note  that  the  Act  of  1902,  ch.  101,  known 
as  the  “Sweat  Shop  Law”  was  held  invalid,  in  that  it  was  not  a just  and 
reasonable  police  regulation,  and  that  it  interfered  with  the  right  of  the 
citizen  to  enjoy  the  free  and  profitable  use  of  his  property  and  also  with 
his  right  of  personal  liberty,  without  due  process  of  law. 

State  z>.  Eegum,  Daily  Record,  November  18,  1902. 


Note. — For  Acts  of  Assembly  relative  to  Burnt  District  and  Burnt 
District  Commission,  see  appendix,  post,  page 


254 


MISCKlvIvANEOUS  LOCAL  LAWS. 


evcry  person  using  the  same,  the  rates  of  fare  and  com- 
Boar/Sf  p?"  pensation  and  hire  prescribed  by  the  said  Board  of  Police 
^one^srpro-'  Commissioners,  and  no  more  ; provided,  that  the  provisions 
of  this  section  shall  not  apply  to  the  owners  of  hackney 
carriages  who  conduct  their  business  exclusively  at  their 
respective  stables. 


P.  L.  L.,  (1860)  Art.  4,  Secs.  143,  144.  1865,  ch.  90.  P.  L.  L..  (1888) 

Art.  4,  Secs.  136,  137. 

282.  The  owner  of  every  licensed  hackney  carriage, 
other  than  those  excepted  in  the  preceding  section,  before 
he  shall  be  entitled  to  charge,  ask  or  receive  any  hire  or 
compensation  for  the  use  thereof,  shall  cause  the  number 
of  such  carriage,  as  stated  in  his  license,  in  plain  and 
easily  legible  figures,  at  least  two  inches  in  length,  to  be 
riage  to  be  painted  or  otherwise  delineated  in  conspicuous  places  on 
conspicuous-  each  side  of  such  carriage,  both  within  and  without,  and 
shall  also  keep  in  at  least  two  conspicuous  positions  in  the 
interior  of  such  carriage  a copy  of  the  rates  of  fare  or 
charges  prescribed  by  the  Board  of  Police  Commissioners, 
as  aforesaid,  printed  on  white  paper  card,  with  black  ink, 
by  types  of  a size  not  less  than  long  primer,  so  that  the 
same  may  be  conveniently  seen  and  read  in  the  daytime  by 
any  person  who  may  be  a passenger  in  said  carriage. 
^ v1oiitin°g  sec-  Every  owner  of  a hackney  carriage  licensed  as  aforesaid, 
ti^ons  281  and  which  any  higher  or  greater  rate  of  fare 

shall  be  asked  and  received  by  any  driver  or  -other  person 
having  care  of  such  carriage,  than  that  prescribed  by  this 
sub-division  of  this  Article,  or  who  shall  omit  or  neglect 
to  comply  with  the  directions  herein  contained,  shall  incur 
a penalty  of  ten  dollars  ; every  continuance  of  an  omission 
to  comply  with  the  provisions  herein  contained  for  one 
day  after  any  prosecution  therefor,  to  be  taken  as  a 
distinct  offence. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  145.  P.  L.  L.,  (1888)  Art  4,  Sec.  138. 

*foTm^pas?en-  283.  Every  driver  of  any  licensed  hackney  carriage 
nun?beTand^  who  shall  refuse  or  omit  when  required,  to  inform  any 
Slflity.  person  using  such  carriage  or  applying  for  the  use  of  it. 


CARRIAGES  AND  HORSES. 


255 


the  true  number  thereof,  or  the  correct  amount  of  the 
rates  of  fare  authorized  to  be  charged  for  the  use  of  it,  or 
who  shall  wilfully  mislead,  or  misconvey,  or  insult,  by 
abusive  or.  indecent  and  opprobrious  language,  any  passen- 
ger whom  he  shall  have  in  his  care  for  conveyance  in  the 
carriage  of  which  he  is  driver,  shall  for  every  such  offence 
incur  such  penalty,  not  exceeding  twenty  dollars,  as  shall 
be  adjudged  by  the  Mayor  of  the  said  City  or  any  Justice 
of  the  Peace  therein,  before  whom  complaint  shall  be 
made  by  or  on  behalf  of  the  party  injured. 


1892,  ch.  631.  P.  L.  L.,  (1888)  Art  4,  Sec.  138A. 

284.  No  driver  or  person  in  charge  of  cabs  or  hackney  Penalty  forex- 
carriages  shall  ask,  charge,  demand  or  receive  more  than 
the  rates  of  fare  as  established  by  the  Board  of  Police 
Commissioners  in  the  City  of  Baltimore  from  time  to  time, 
from  any  passenger  or  passengers  ; and  any  person 
violating  the  provisions  of  this  section  shall,  upon  convic- 
tion, be  liable  to  a fine  not  exceeding  fifty  dollars,  or 
imprisonment  in  jail  for  a period  not  exceeding  six  months 
nor  less  than  thirty  days,  or  both,  in  the  discretion  of  the 
court. 


1865,  ch.  90.  P.  L.  E.,  (1888)  Art.  4,  Sec.  139. 

285.  The  proprietors  of  any  hackney  carriage  in  the 
City  of  Baltimore  who  do  not  intend  to  go  upon  or  use  the 
public  stands  in  said  City  with  such  hackney  carriages,  special Hcense.s 
shall  at  the  time  of  applying  for  a license  for  the  same,  as 
required  by  the  present  or  any  future  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore,  signify  in  writing 
such  intention,  and  thereupon  a special  license  may  and 
shall  be  granted  to  such  proprietors  by  the  Comptroller  or 
other  proper  officer  of  said  City  ; and  for  every  special 
license  thus  granted  there  shall  be  paid  such  sum  as  is  now 
or  shall  hereafter  become  payable  for  other  hackney 
carriages  by  the  present  or  future  ordinances  of  said  City. 


1865,  ch.  90.  P.  L.  L.,  (1888)  Art.  4,  Sec.  140. 

286.  No  hackney  carriages  which  shall  be  thus  especi- 
ally licensed  shall  make  use  of  or  go  upon  or  stand  or  wait 


256 


MISCEIvIvANEOUS  eocae  eaws. 


^ for  employment  at  any  of  the  public  stands  designated  by 

or  under  the  present  or  any  future  ordinances  of  the 
penalty.  Mayor  and  City  Council  of  Baltimore,  or  at  any  place  in 
said  City,  except  the  premises  of  the  owner  thereof,  under 
a penalty  of  twenty  dollars  for  every  such  offence ; one- 
half  to  be  paid  to  the  informer,  to  be  recovered  against 
either  the  owner  or  driver  thereof,  as  fines  of  a like  amount 
are  now  recovered. 

1865,  ch.  90.  P.  E.  E.,  (1888)  Art.  4,  Sec.  141. 

287.  Each  and  every  proprietor  of  hackney  carriages 
shall,  at  the  time  when  he  applies  for  a special  license,  or 
any  renewal  thereof,  furnish  the  Comptroller  or  other 
proper  officer  of  the  City  of  Baltimore  with  a correct 

statement  to  Statement  of  the  number  of  hackney  carriages  used  by 
bj  applicants  him ; and  such  owner,  whenever  he  shall  increase  the 
licenses.  number  of  such  hackney  carriages,  shall  report  such 
increase  to  the  Comptroller  or  other  proper  officer  of  said 
City  ; and  every  person  violating  any  of  the  provisions  of 
this  section  shall  forfeit  his  license,  and  be  liable  to  a 
penalty  of  ten  dollars. 

P.  E.  E,,  (I860)  Art.  4,  Sec.  146.  1865,  ch.  90.  P.  E.  E.,  (1888)  Art. 

4,  Sec.  142. 

288.  All  penalties  which  shall  be  incurred  under  section 
283  of  this  sub-division  of  this  Article,  or  for  the  breach 
of  any  of  its  provisions,  may  be  recovered  by  warrant 

??nfitie?:  ap-  issued  in  the  name  of  the  State,  in  the  same  manner  as 
debts  within  said  City  are  recoverable,  with  the  right  of 
appeal  to  the  Baltimore  City  Court. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  147.  P.  E.  E.,  (1888)  Art.  4,  Sec  143. 

289.  On  the  trial  of  such  appeal,  the  party  of  whom 
the  penalty  is  claimed  shall  be  entitled  to  a jury  trial  ; but 
""appe”?;  bond  there  shall  be  no  stay  of  execution  of  any  judgment 
appealed  from,  unless  the  party  appealing  shall  give  bond, 
with  security  approved  by  the  officer  rendering  such 
judgment,  and  conditioned  that  the  party  appealing  shall 


LIVERY  stable  charges. 


257 


prosecute  the  appeal  with  effect,  and  obey,  perform  and 
pay  such  judgment  as  shall  be  rendered  by  the  Baltimore 
City  Court  on  the  trial  of  said  appeal. 

P.  L.  L.,  (I860)  Art.  4,  Sec.  148.  P.  L.  L.,  (1888)  Art.  4.  Sec.  144. 

290.  All  penalties  which  shall  be  recovered  for  the 
breach  of  any  of  the  provisions  of  this  sub-division  of  this 
Article,  shall  be  appropriated  one-half  to  the  use  of  the 
dispensaries  in  the  City  of  Baltimore,  to  be  equally  divided  recovered, 
between  them,  and  the  other  half  to  the  use  of  the  informer, 
whose  name  shall  be  endorsed  on  the  warrant  issued  for 
the  recovery  of  each  respective  penalty. 


Horses,  etc.  Livery  Stable  Charges. 

1865,  ch.  163.  P.  L.  L.,  (1888)  Art.  4,  Sec.  145. 

291.  It  shall  be  lawful  for  any  livery  stable  keeper  to  Livery  stable 
retain  in  his  custody  any  horse,  mare  or  gelding  placed  how^hor^e, 
under  his  care  for  livery,  and  also  any  vehicle,  until  all  chalge“skre 
charges  for  so  keeping  shall  be  paid  by  the  owner  thereof. 


1865,  ch.  163.  P.  L.  L.,  (1888)  Art.  4,  Sec.  146. 

292.  It  shall  and  may  be  lawful  for  such  livery  stable 
keeper  to  sell  any  such  horse,  mare  or  gelding,  or  vehicle, 
at  public  auction  in  the  City  of  Baltimore,  after  giving  at 

least  twenty  days^  notice  in  two  of  the  daily  newspapers,  ^afp^ubifc™^ 
published  in  the  City  of  Baltimore,  of  the  time,  place  and  su?hcha?ges. 
manner  of  sale  ; and  after  deducting  the  amount  due  for 
keeping,  together  with  all  expenses  of  said  sale,  to  return 
the  surplus,  if  any,  to  the  owner  of  such  horse,  mare  or 
gelding,  or  vehicle. 

1865,  ch.  163.  P.  L.  L.,  (1888)  Art.  4,  Sec.  147. 

293.  Before  proceeding  as  above,  it  shall  be  necessary 
for  such  livery  stable  keeper  to  state  an  account  for  keep- 
ing of  such  horse,  mare  or  gelding,  or  vehicle,  and  prove 

the  same  before  a Justice  of  the  Peace  for  the  City  of  Keeper  to 

Baltimore,  who,  upon  being  satisfied  by  proof  of  demand 

and  refusal  or  neglect  to  pay  on  the  part  of  the  owner,  SJtfprovfso. 


258 


MISSCKLI.ANEOUS  EOCAE  EAWS. 


shall  thereupon  issue  his  warrant  authorizing  such  sale 
as  aforesaid;  provided,  that  the  proprietors  of  such  livery 
stables  shall  Set  up  on  their  premises,  in  some  conspicuous 
place,  a copy  of  the  aforegoing  two  sections,  printed  in 
large  type,  and  their  rates  of  livery. 


CORONERS,  INQUESTS  AND  DEAD  BODIES. 


1878,  ch.  347.  1890,  ch.  207.  P.  E.  E.,  (1888)  Art.  4,  Sec.  149.  1892, 

ch.  15.  1894,  ch.  84. 


Appointment 
of  Coroners. 


Tenure,  salary. 


Oath. 


Bond. 


294.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  and  commission  seven  com- 
petent physicians  to  act  as  coroners  for  the  City  of  Balti- 
more, to  hold  office  during  the  period  of  two  years,  at  an 
annual  salary  of  one  thousand  dollars  each,  payable 
quarterly  by  the  City  Regisiter;  and  said  coroners  shall  be 
assigned  to  duty  by  the  Governor,  and  to  each  of  the  police 
districts  of  the  City  of  Baltimore;  and  it  is  further 
provided,  that  whenever  the  police  districts  of  the  City  of 
Baltimore  shall  be  increased  in  number  by  the  order  of  the 
Board  of  Police  Commissioners  of  Baltimore  City,  the 
Governor  shall  appoint  an  additional  coroner  for  each  of 
the  police  districts  so  created;  provided,  that  before 
entering  upon  the  duties  of  their  office,  the  persons 
appointed  shall  take  the  oath  of  office  prescribed  by  the 
Constitution  of  the  State  of  Maryland,  for  office-holders; 
and  further,  they  shall  give  bond  to  the  said  State  of 
Maryland,  with  security  to  be  approved  by  the  Judge  of 
the  Superior  Court  of  Baltimore  City,  in  the  penalty  of 
two  thousand  dollars  each,  conditioned  for  the  faithful 
performance  of  their  duties,  as  now  prescribed  by  law,  or 
which  shall  hereafter  be  prescribed. 


Young  V.  College,  etc.,  81  Md.  358. 


1872,  ch.  45.  P.  E.  E.  (1888)  Art.  4,  Sec.  150.  1898,  ch.  123. 

1902,  ch.  317. 

Appointment  295.  In  addition  to  the  coroners  provided  for  in  the 
atEaSe”®"^  preceding  section  the  Governor  shall  appoint  one  more 
coroner  for  the  “City  of  Baltimore,’^  to  be  known  as  the 


CORONERS,  INQUESTS  AND  DEAD  BODIES. 


259 


“Coroner  at  Large’’  for  said  City,  whose  duty  it  shall  be 
to  act  in  the  place  of  any  of  the  coroners  who  shall  have 
been  assigned  to  the  various  police  districts  of  said  City 
who  may  have  been  prevented  by  illness  or  enforced 
absence  from  attending  to  his  duties;  the  said  coroner  at 
large  shall  receive  the  same  compensation  as  is  prescribed 
in  the  preceding  section  for  other  coroners  for  said  City. 
The  coroners  provided  for  in  the  preceding  section  shall 
be  assigned  to  such  sub-division  or  district  of  the  City  of 
Baltimore  as  the  Governor  may  direct. 


P.  L.  L.  (I860)  Art.  4,  Sec.  153,  154.  1872,  ch.  45.  P.  E.  E.,  (1888) 

Art.  4,  Sec.  151. 

296.  The  Coroner  shall  hold  an  inquest  over  every 
person  found  dead  in  his  district  in  said  City  when  the  to  hold  in- 
manner and  cause  of  death  shall  not  be  already  known  as 
accidental,  or  in  the  course  of  nature.  No  Coroner’s  jury 
in  said  City  shall  receive  any  fee  or  compensation  for 
services  as  such;  and  said  Coroners  are  authorized  and 
empowered  to  issue  their  certificates  to  the  City  Register  Re|is°er 
for  the  payment  of  such  expenses  as  may  be  necessary  p° 
for  the  interment  of  any  person  over  whom  they,  or  either  ^iso. 
of  them,  has  held  an  inquest,  and  whose  body  is  not 
claimed  by  friends  or  relatives;  provided,  the  amount  of 
such  expenses  shall  not  in  any  case  exceed  the  sum  of  seven 
dollars. 

Blaney  v.  State,  74  Md.  153.  *Young  v.  College  of  Physicians,  etc.  81 
Md.  358. 


1872,  ch.  45.  P.  E.  E.,  (1888)  Art,  4,  Sec.  152. 

297.  Each  of  said  Coroners  shall  make  a monthly 
report  to  the  Police  Commissioners  of  Baltimore  City,  of  ^ques\s.^ 
the  number  of  inquests  held  by  him  during  the  month  last 
past  before  said  report,  with  a full  description,  as  far  as 
may  be,  of  the  persons  who  were  the  subjects  of  such 
inquests,  their  sex,  age,  color  and  nationality,  the  cause 
and  mode  of  their  death,  and  such  other  particulars  as  may 
be  necessary  for  their  identification,  in  case  of  strangers 
and  unknown  persons;  and  each  of  said  Coroners  shall 


260 


MISSCElvIvANEOUS  EOCAE  EAWS. 


^ mon^y  Sf  de- immediately  after  holding  an  inquest,  deposit  in 
ceased.  ^omo  bank  of  Baltimore  City,  subject  to  the  order  of  the 
Judges  of  the  Orphans’  Court  of  said  City,  all  property, 
money  and  other  effects  found  upon  the  person  of  those 
over  whom  he  shall  hold  inquest,  as  hereinbefore  provided. 


1882,  ch.  163.  1890,  ch.  166.  P.  L.  E.,  (1888)  Art.  4,  Sec.  153. 

298.  Any  public  officer  of  Baltimore  City  or  Baltimore 
County  having  charge  of  or  control  over  the  bodies  of 
deceased  persons  required  to  be  buried  at  the  public 
expense  or  at  the  expense  of  any  institution  supported  by 
said  City  or  County,  shall  notify  the  chairman  of  the 
Distribution  of  Anatomy  Board,  said  board  being  composed  of  a demon- 
dead  bodies,  gtrator  of  anatomy  from  each  medical  school  in  the  State, 
of  the  existence  and  possession  of  such  bodies^  and  shall 
give  permission  to  said  Anatomy  Board,  through  its  chair- 
man, or  to  any  physician  or  surgeon  of  the  State  of  Mary- 
land upon  his  request  made  therefor,  to  take  such  bodies 
within  forty-eight  hours  after  death,  to  be  by  him  used 
within  the  State  for  the  advancement  of  medical  science, 
preference  being  given  to  medical  schools,  public  and 
private;  and  said  bodies  shall  be  distributed  to  and  among 
the  same  equitably,  the  number  assigned  to  each  being 
When  body  is  proportioned  to  that  of  its  students;  provided,  however 
claimed.  person  claiming  to  be  and  satisfying  the  proper 

authorities  that  he  is,  of  kindred  to  the  deceased,  or  that 
he  was  a friend  to  deceased  during  his  life,  shall  ask  to 
have  the  body  for  burial,  it  shall  be  surrendered  for  inter- 
ment; or  if  such  deceased  person  was  a stranger  or  traveler 
who  died  suddenly,  the  body  shall  be  buried  and  not 
handed  over  as  aforesaid.  Any  public  officer  of  Baltimore 
Penalty  for  City  or  Couuty  having  charge  of  or  control  over  the  bodies 
of  the  deceased  persons  required  to  be  buried  at  the  public 
provisions,  gxpcuse  or  at  the  expense  of  any  institution  supported  by 
said  City  or  County,  who  shall  neglect  or  refuse  to  comply 
with  the  requirements  of  this  section,  shall  be  guilty 
of  a misdemeanor,  and  shall  upon  conviction  be  fined  not 
less  than  fifty  nor  more  than  one  hundred  dollars  for  each 
and  every  offence. 


COURTS — PLEADING  AND  PRACTICE. 


261 


1882,  ch.  113.  P.  E.  L.,  (1888)  Art.  4,  Sec.  154. 

299.  Every  physician  or  surgeon,  before  receiving  any 
such  dead  body  shall  give  to  the  proper  authorities  a^  cian  that 
sufficient  bond  that  such  body  shall  be  used  only  for  the  used  only  for 
promotion  of  medical  science  within  the  State;  and  whoso-  poses, 
ever  shall  use  such  body  for  any  other  purpose,  or  shall 
remove  the  same  beyond  the  limits  of  this  State,  and  who- 
soever shall  sell  or  buy  such  body,  or  in  any  way  traffic  in 
the  same,  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall,  on  conviction,  be  imprisoned  for  a term  not  ex- 
ceeding five  years  at  hard  labor  in  the  City  Jail. 


COURTS. 

Superior  Court,  Court  of  Common  Pleas  and  Baltimore 
City  Court. 

i870,  ch.  177.  P.  L.  L.,  (1888)  Art.  4,  Sec.  155. 

300.  The  Judge  before  whom  any  case  may  be  tried 
in  either  the  Baltimore  City  Court,  the  Superior  Court  of  New  Trials. 
Baltimore  City,  or  in  the  Court  of  Common  Pleas,  shall 
have  exclusive  jurisdiction  to  hear  and  determine,  and  the 
said  judge  shall  hear  and  determine,  all  motions  for  a new 
trial  where  such  motions  arise,  either  on  questions  of  fact 
or  for  misdirection  upon  any  matters  of  law,  and  all 
motions  m arrest  ot  judgment,  or  upon  any  matters  ot  restofjudg- 
law,  determined  by  the  said  judge;  and  all  such  motions 
shall  be  heard  and  determined  within  thirty  days  after 
they  are  made. 


1870,  ch.  177.  P.  L.  L.,  (1888)  Art.  4,  Sec.  156. 

301.  In  no  case  shall  either  the  plaintiff  or  defendant  paper  book 
be  required  to  file  a “paper  book’^  of  evidence  or  brief,  in 
either  of  the  courts  of  the  City  of  Baltimore. 


1876,  ch.  96.  P.  L.  L.,  (1888)  Art.  4,  Sec.  157. 

302.  The  stated  terms  of  the  Superior  Court  of  Balti-  Terms  of 
more  City,  the  Court  of  Common  Pleas  and  the  Baltimore 


262 


MISCKLI.ANEOUS  EOCAE  EAWS. 


Return  days. 


Writs,  when 
returnable. 


Renewal  of 
writ. 


City  Court,  shall  commence  on  the  second  Monday  in 
January,  the  second  in  May,  and  the  second  Monday  in  Sep- 
tember, in  each  year.** 

Preston  v.  McCann,  77  Md.  30. 


1864,  ch.  6,  Sec.  1.  1886,  ch.  184.  P.  E.  E.,  (1888)  Art.  4.  Sec.  158. 

303.  In  addition  to  the  first  day  of  each  term  of  the 
Superior  Court  of  Baltimore  City,  the  Court  of  Common 
Pleas  of  the  City  of  Baltimore,  and  the  Baltimore  City 
Court,  the  second  Monday  in  February,  March,  April, 
June,  July,  August,  October,  November  and  December,  in 
each  year,  shall  be  return  days,  and  the  words  ‘ ‘return 
day,  wherever  used  in  this  sub-division  of  this  Article 
shall  apply  as  well  to  the  first  day  of  each  term  as  to  the 
other  return  days  herein  enumerated. 

1886,  ch  184.  P.  E.  E.,  (1888)  Art.  4,  Sec.  159. 

304.  All  original  writs,  writs  of  execution,  attachment,  ' 

replevin,  ejectment,  scire  facias  diXidi  habere  facias,  as  well  ! 
as  all  other  writs  and  process  issued  from  or  returnable  to 
any  of  said  courts,  which  under  the  practice  heretofore 
existing  would  have  been  returnable  to  the  first  day  of  the 
term,  or  to  a return  day,  shall  hereafter  be  made  return- 
able to  the  first  return  day  after  the  issue  of  the  same,  or  i 
may  be  made  returnable  to  the  second  return  day  there-  | 
after,  if  the  party  by  whose  direction  the  same  was  issued,  | 
or  his  attorney,  shall  so  request  in  writing.  ^ 

1864,  ch.  6,  Sec.  3.  1886,  ch.  184.  P.  E.  E.,  (1888)  Art.  4,  Sec.  160. 

1894,  ch.  180. 

305.  On  the  return  of  an  original  writ,  not  executed  in 
either  of  said  courts,  the  same  may  be  renewed,  returnable 
to  the  next  return  day  thereafter,  and  after  two  returns  of 
any  original  writ  not  executed  at  the  two  succeeding  return 


**NoTK. — Powers  of  Superior  Court.  The  Superior  Court  has  no 
power,  under  section  167  of  Art.  23,  Code  Public  General  Eaws,  to  con- 
firm or  set  aside  an  inquisition  of  a Sheriff’s  Jury.  W.  M.  Tidewater  R. 
R.  Co.  V.  Eeonard,  Daih"  Record,  June  15,  1903.. 


COURTS — PLEADING  AND  PRACTICE. 


263 


days  after  the  writ  is  first  issued,  the  same  shall  be  per- 
mitted to  lie  dormant,  renewable  only  on  the  written  order 
of  the  plaintiff  or  his  attorney  of  record  to  such  future 
return  day  as  the  said  plaintiff  or  his  attorney  may  elect, 
and  upon  a further  return  if  not  executed,  said  writ  shall 
be  again  permitted  to  lie,  renewable  only  as  aforesaid,  the 
said  plaintiff  or  his  attorney  having  the  right  to  renew 
said  writ  to  as  many  subsequent  return  days,  under  the  umTi'e 
same  mode  of  procedure  as  may  be  deemed  proper,  until 
the  same  is  executed. 

1864,  ch.  6,  Sec.  4.  1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec.  161. 

306.  After  the  execution  of  any  writ  or  other  process 
made  returnable  to  a return  day  in  either  of  said  courts, 
the  same  proceedings  may  be  had  thereupon  as  if  the  same 
had  been  made  returnable,  and  had  been  returned  to  a 
term  of  said  court  under  the  practice  heretofore  existing, 
except  as  hereinafter  otherwise  provided.** 

1864,  ch.  6,  Sec.  5.  1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  sec.  162. 

307.  If  a defendant  be  returned  ‘‘summoned,’'  and 
shall  fail  to  appear,  the  clerk  of  the  court  on  the  day  fol- 
lowing  the  return  day  to  which  the  writ  or  process  served  pearance 

,..  ,,  in  1 after  sum- 

on  him  IS  returnable,  shall  enter  the  appearance  of  any  ^ons. 
defendant  so  summoned  and  failing  to  appear,  and  the 
action  shall  proceed  in  the  same  manner  as  if  the  party 
had  appeared  in  person. 


1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec.  163. 

308.  When  a declaration  in  any  action  shall  be  filed  in  to 

court,  and  a copy  thereof  delivered  to  the  defendant  before 
the  day  of  the  return  of  the  writ,  and  the  defendant  shall 
be  summoned  before  the  said  day  of  the  return  of  the  writ. 


**Note. — Exemption  fj'om  service  of  process  m civil  actions:  A non- 
resident here  for  the  sole  purpose  of  attending  upon  the  trial  of  a case 
to  which  he  is  a party,  is  exempted  from  the  service  of  process  in  a civil 
action.^  But  such  privilege  may  be  waived  or  lost  by  laches,  and  must 
be  availed  of  at  proper  time  by  plea  or  motion. 

Foss  V.  Carnell,  Daily  Record,  January  23,  1894. 


264 


MISCELLANEOUS  LOCAL  LAWS. 


he  shall  plead  before  the  next  succeeding-  return  day,  or 
default  for  want  of  a plea  shall  be  entered  by 
entered.  court  or  clerk  thereof,  upon  motion  in  writing  made  by 

the  plaintiff,  or  his  attorney,  then,  or  at  any  time  there- 
after, before  the  filing  of  a plea  by  the  defendant,  unless 
the  court  for  good  reasons  shall  have  granted  said  defend- 
ant further  time  to  plead;  and  upon  such  entry  of  judgment, 
the  plaintiff  may  forthwith  sue  out  his  writ  of  inquiry,  or 
otherwise  enter  up  final  judgment  according  to  the  course 
of  the  court.** 

Cooper  V.  Roche,  36  Md.  563.  C/.,  Condon  v.  Gore,  89  Md.  230. 

1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4.  Sec.  164. 

309.  When  any  action  shall  be  brought  upon  a titling 
and  the  defendant  shall  have  been  summoned,  the  plaintiff 
^declaration  to  shall  file  his  declaration  within  fifteen  days  after  the 
judgment  of  retum  day  to  which  said  defendant  had  been  summoned, 
be  entered,  or  judgment  of  non  pros,  may  be  entered  by  the  court  or 
the  clerk  thereof  against  him  for  want  of  a declaration, 
upon  motion  in  writing  made  by  the  defendant  at  any  time 
thereafter,  unless  the  court  for  good  cause  shown  shall 
grant  further  time  ; but  if  the  plaintiff  shall  have  filed  his 
declaration  in  any  such  action,  at  any  time  before  the  entry 
of  a judgment  of  non  pros,  against  him,  the  defendant 
to  deciara- shall  be  required  to  plead  to  such  declaration  within  the 
time  and  upon  the  terms  prescribed  by  the  rules  of  the 
court,  or  judgment  by  default  may  be  entered  against  him 
as  provided  by  said  rules. 


1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec  165. 

310.  Every  suit  in  which  any  defendant  shall  be  return- 
ed summoned,  shall  stand  for  trial  or  judgment  (as  against 
such  defendant)  at  the  return  day  next  succeeding  the  day 
to  which  he  has  been  summoned  ; provided,  the  declaration 
shall  have  been  filed  in  court,  and  a copy  thereof  shall  have 

**NoTE. — The  clerk  has  no  authority  to  enter  up  a judgment  for  want 
of  a plea  except  on  motion  therefor  by  the  plaintiff  or  his  attorney. 

Griffith  V.  Gi'aham,  Daily  Record.  July  15,  1891. 


SPEEDY  JUDGMENT  ACT. 


265 


iDeen  served  on  the  defendant,  or  his  attorney,  at  least  fifteen 
days  before  said  return  day ; and  all  such  suits  in  which 
final  judgment  is  not  entered  on  that  day,  shall  then  be 
put  at  the  end  of  the  trial  calendar  of  the  court  in  which 
they  are  brought,  in  the  order  in  which  they  were  instituted 
in  said  court,  and  shall  be  finally  disposed  of  as  far  as  pos- 
sible when  reached  in  their  regular  course. 


1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec.  166. 

311.  In  all  cases  in  which  a party  by  law  would  be 
entitled  to  a continuance,  the  court  may,  instead  of  continu-  Postponement 
ing  the  cause  to  the  next  term,  postpone  the  same  for 
thirty  days,  or  such  other  period  as  will  best  subserve  the 
interests  of  justice. 

Smithson  v.  U.  S.  Tele^^raph  Co.,  29  Md.  165. 


Speedy  Judgment  Act. 

1858,  ch.  323.  1864,  ch.  6,  Sec.  7.  1886,  ch.  184,  Sec.  170.  P.  E.  E., 

(1888)  Art.  4,  Sec.  167.  1894,  ch.  173. 

312.  In  any  suit,  when  the  cause  of  action  is  a contract,  ^^itry  of  judg- 
whether  in  writing  or  not,  or  whether  expressed  or  implied,  Si^comricfi 
the  plaintiff,  if  affidavit  or  affirmation  be  made,  as  herein- 
after stated,  shall  be  entitled  to  judgment  to  be  entered  by 
the  court  or  the  clerk  thereof,  on  motion,  in  writing,  at 
any  time  after  fifteen  days  from  the  return  day  to  which 
the  defendant  shall  have  been  summoned,  although  the 
defendant  may  have  pleaded,  unless  such  plea  contains  a 
good  defence,  and  unless  the  defendant  or  some  one  in  his 
behalf  shall,  under  oath  or  affirmation,  state  every  plea  so 
pleaded  by  the  defendant  is  true  ; and  shall  further  state  to. 
the  amount  of  plaintiff’s  demand,  if  anything,  admitted  to 
be  due  or  owing,  and  the  amount  disputed,  and  further, 
that  the  affiant  verily  believes  the  defendant  will  be  able 
at  the  trial  of  the  cause  to  produce  sufficient  evidence  to 
support  the  plea  as  to  the  portion  disputed,  and  that  he 
is  advised  by  counsel  to  file  the  said  plea ; and  such  plea 
shall  be  accompanied  by  a certificate  of  counsel  that  he  so 
advised  the  party  making  such  oath  or  affirmation,  and  if 


266 


MISCJSI.I.ANEOUS  EOCAE  EAWS . 


the  copartnership  or  incorporation  of  any  of  the  parties  to 
the  suit  shall  be  alleged  in  the  declaration  and  the  affidavit 
to  be  filed  therewith,  as  hereinafter  provided ; or  if  there 
shall  be  filed  with  the  declaration  in  said  cause,  any  paper 
purporting  to  be  signed  by  any  defendant  therein,  the  fact 
of  such  alleged  copartnership  or  incorporation,  and  the 
genuineness  of  such  signature  shall  be  deemed  to  be 
^iSmake  admitted  for  the  purposes  of  said  cause,  unless  the  said 
affidavit  shall  further  state  that  the  affiant  knows,  or  has 
good  reason  to  believe,  such  allegation  of  copartnership  or 
incorporation  to  be  untrue,  or  that  such  signature  was  not 
written  by  or  by  the  authority  of  the  person  whose  signa- 
ture it  purports  to  be.  In  case  any  part  of  the  debt  or 
damages  claimed  to  be  admitted  to  be  due,  the  plaintiff 
Where  part  of  shall  be  entitled  forthwith  to  an  entry  of  judgment  there- 

claim  IS  ad- 

mitted.  judg-  for.  With  costs  m the  discretion  of  the  court,  to  the  time  of 

ment  there- 

for  shall  be  entry  of  such  judgment,  and  if  the  amount  so  admitted  to 

entered.  / 

be  due  shall  not  be  below  the  jurisdiction  of  the  court,  the 
plaintiff  may  at  once  have  execution  therefor,  and  upon  such 
entry  of  judgment  the  plaintiff  may  join  issue  or  reply  to  ’ 
the  pleas  as  to  the  disputed  portion,  and  the  case  shall  be  pro-  * 
ceeded  with  as  to  such  disputed  portion  in  the  same  manner 
as  if  the  suit  had  been  originally  instituted  for  the  recovery 
of  the  same ; and  the  court  shall  have  jurisdiction  as  to  ; 
such  disputed  portion  in  all  cases  where  the  amount  \ 
originally  claimed  shall  be  within  the  jurisdiction  of  the  | 
court,  but  if  either  judgment  in  the  case  be  below  the  j 
Practice  where  iurisdiction  of  the  court,  no  execution  shall  issue  from  that  \ 

judgment  IS  . . « . ^ « j 

j^risdictfon'^  same,  and  the  provisions  of  section  17  of 

Article  26  of  the  Code  of  Public  General  laws  shall  apply 
thereto;  yet  if  the  sum  of  the  two  judgments  shall  equal 
such  jurisdiction  they  may  then  be  included  in  an  execution 
issued  from  that  court ; provided,  that  the  court  for  good 
cause  shown,  may,  by  its  order  in  writing,  passed  at  any 
time  before  judgment,  extend  the  time  for  filing  such 
pleas  and  affidavits,  which  extension  shall  suspend,  until 
the  expiration  thereof,  the  plaintiff's  right  to  enter  judg- 
ment under  this  section. 

Smithson  v.  U.  S.  Telg.  Co.  29  Md.  162.  Jones  v.  Freeman,  29  Md. 

273.  State  use  of  Bouldin  v.  Steibel,  31  Md.  34.  Knickerbocker  Ice 


SPEEDY  JUDGMENT  ACT. 


267 


Co.  t’.  Hoeske,  32  Md.  317.  King  v.  Hicks,  32  Md.  460.  Jones  v.  Bar- 
nett, 35  Md.  258.  Keen  v.  Whittington,  40  Md.  489.  Baltimore  v. 

Ideson,  47  Md.  542.  Traber  v.  Traber,  50  Md.  1.  Thorne  v.  Fox,  67 
Md.  67.  Adler  v.  Crook,  68  Md.  494.  Hutton  v.  Marx,  69  Md.  252. 

Mav  i'.  Wolvington,  69  Md.  117.  Thillman  v.  Shadrick,  69  Md.  528. 

Gemmill  v.  Davis,  71  Md.  458.  Huntington  v.  Emery,  74  Md.  67. 

Baltimore  Pub.  Co.  v.  Hooper,  76  Md.  115.  Sanborn  v.  Mullen,  77  Md. 

480.  Laubheimer  v.  Nail,  88  Md.  174.  Griffith  v.  Adams,  95  Md.  175. 

Singer  v.  Fidelity  & Dept.  Co.,  96  Md.  224.  Farmers,  etc.  Bank  v.  Hun- 
ter, 97  Md.  148.  Horner  v.  Plumle}',  97  Md.  211 . Codd  Co.  v.  Parker, 

97  Md.  323-325.  Smith  v.  Hailwood  Cash  Reg.  Co.,  97  Md.  354. 

Nicholson  v.  S}mder,  97  Md.  419.  Deved  v.  Carrington,  98  Md.  378. 

Abbott  V.  Bowers,  98  Md.  525.  Steuarc  v.  Chappell,  98  Md.  530. 

Colbourn  Bros.  v.  Boulton,  100  Md.  353,  354.  Miller  v.  Michaels,  101 
Md.  188.  See  note,  page  219,  Baltimore  City  Code  (1879).* 

1864,  ch.  6,  Sec.  8.  1886,  ch.  184,  Sec.  171.  P.  E.  E.,  (1888) 

Art.  4,  Sec.  168. 

313.  The  Plaintiff  shall  not  be  entitled  to  judgment  Affidavit  to 
under  the  preceding  section,  unless  at  the  time  of  bringing 
his  action  he  shall  file  with  his  declaration  an  affidavit  or 
affirmation,  if  the  affiant  is  conscientiously  scrupulous 
to  taking  an  oath,  stating  the  true  amount  the  defendant 
is  indebted  to  him,  over  and  above  all  discounts,  and  shall 


*NOTES  OF  DECISIONS  OF  BAETIMORE  CITY  COURTS. 

(1)  The  affidavit  required  of  defendants,  does  not  apply  to  those 
cases  in  which  the  defendants  are  executors. 

(2)  The  Baltimore  City  Court  has  jurisdiction  over  a suit  to  recover 
the  even  sum  of  $100  00,  when  interest  thereon  is  recoverable  as  of 
right.  Mutual  Eife  Ins.  Co.  v.  Hantske,  Daily  Record,  December  15, 
1900. 

(3)  Practice  Act  of  Baltimore  City : A special  count  which  states 
no  express  contract  to  pay  money,  or  any  facts  from  which  such  a 
contract  can  be  implied,  cannot  be  filed  with  the  common  counts  under 
the  Practice  Act  of  Baltimore  City.  Murray  v.  Revel,  Daily  Record, 
January  10,  1899. 

(5)  Declaration : A declaration  filed  under  Act  1886,  ch.  184,  made 

before  a Justice  of  Peace  in  another  state  and  not  having  attached  to  it  a 
certificate  of  the  Judge  of  the  Court  according  to  the  Act  of  Congress,  is 
defective  and  a judgment  of  non  pros,  will  be  allowed  on  motion.  Downs 
V.  Appold,  Daily  Record,  October  19,  1892. 

(6)  The  declaration  and  affidavit  must  agree,  otherwise  a motion  to 
strike  out  the  judgment  will  prevail.  Griffith  v.  Graham,  Daily  Record, 
July  15,  1891. 


268 


MISCELLANEOUS  LOCAL  LAWS. 


Bond,  bill  or 
account  to  1 
filed. 


Particulars  of 
aflSdavit. 


also  file  the  bond,  bill  of  exchange,  promissory  note  or 
other  writing  or  account  by  which  the  defendant  is  so 
indebted ; or  if  the  action  be  founded  upon  a verbal  or 
implied  contract,  shall  file  a statement  of  the  particulars  of 
the  defendant’s  indebtedness  thereunder.  If  there  are  two 
or  more  plaintiffs,  the  said  affidavit  or  affirmation,  may  be 
made  by  any  one  of  them,  or  if  all  the  plaintiffs  be  absent 
from  the  State  at  the  time  of  the  bringing  of  said  suit,  or 
if  the  plaintiff  be  a corporation,  the  said  affidavit  or  affirma- 
tion may  be  made  by  an  agent  of  plaintiff  or  plaintiffs,  or  any 
of  them,  who  will  make  further  oath  or  affirmation  that  he 
has  personal  knowledge  of  the  matters  therein  stated  ; and 
the  said  affirmation  or  affidavit  may  be  made  before  any  of 
the  persons  who  may  take  an  affidavit  or  affirmation  to 
authorize  the  issuing  of  a foreign  attachment,  and  may  be 
certified  in  the  same  manner.** 

Mailhouse  v.  Inloes,  18  Md  332.  Griffin  v.  Leslie,  20  Md.  15.  Smith- 
son  V.  The  United  States  Telejj^raph  Co.,  29  Md.  165.  Jones  v.  Freeman, 
29  Md.  276.  Greff  v.  Fickey,  30  Md.  79.  State  v.  Steibel,  31  Md.  37. 
Knickerbocker  Life  Ins.  Co.  of  New  York  v.  Hoeske,  32  Md.  318. 
McAllister  v.  Eichengreen,  34  Md.  56.  Norris  v.  Wrenschall,  34  Md. 
499.  Canton  Nat.  Bldg.  Ass’n  v.  Weber,  34  Md.  671.  Jones  Barnett, 
35  Md.  260.  Ingalls  v.  Crouch,  35  Md.  296.  Keene  v.  Whittington  & 
Co.,  40  Md.  497.  Loney  v.  Bailey,  43  Md.  10.  McSherr}^  v.  Brooks,  46 
Md.  122.  Mayor  v.  Ideson,  47  Md.  542.  De  Atley  v.  Senior,  55  Md. 
479.  Parkhurt  v.  Citizens  Nat.  Bank,  61  Md.  254.  The  Orient  Mutual 
Insurance  Co.,  v.  Andrews,  66  Md.  371.  Thorne  v.  Fox,  67  Md.  67. 
Thillman  v.  Shadrick,  69  Md.  528.  Gemmill  v.  Davis,  71  Md.  458. 
Balto.  Pub.  Co.  V,  Hooper,  76  Md.  165.  Laubheimer  v.  Nail,  88  Md. 
174.  Singer  v.  Fidelity  & Depo.sit  Co.,  96  Md.  224.  Smith  Smallwood 
Cash  Reg.  Co.,  97  Md.  354.  Nicholson z^.  Snyder,  97  Md.  419.  Devedz/. 
Carrington,  98  Md.  378.  Abbott  v.  Bowers,  98  Md.  525.  Colbourn  v, 
Boulton,  100  Md.  357. 

1864,  ch.  6,  Sec.  9.  1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec.  169. 

1894,  ch.  184. 

314.  When  any  judgment  by  default  shall  be  entered 
under  any  of  the  preceding  sections,  the  court  may  assess 

*’^NoTK. — In  connection  with  the  provisions  of  Section  313,  seefurthet  r 
Wilson  V.  Wilson,  8 Gill  192.  Cumberland  Coal  & Iron  Co.  v.  Hoffman 
Steam  Coal  Co.,  22  Md.  499.  Warwick  v.  Chase,  23  Md.  154.  Evesson 
V.  Selby,  32  Md.  345.  The  Universal  Life  Ins.  Co.  v.  Bachus,  51  Md.  31. 
Horner  v.  Plumley,  97  Md.  271. 


RUI.E  DAYS  AND  PLEAS.  269 

the  damages  on  proof  thereof  without  empanelling  a jury 
to  do  so,  unless  the  defendant  shall  have  filed  a motion  in 
writing  before  the  entry  of  such  default  for  a jury  trial, 
and  shall  have  stated  in  such  motion  how  much  of  the 
plaintiff’s  demand  is  disputed,  and  how  much  thereof,  if 
any,  is  admitted  by  said  defendant  to  be  due,  and  in  such  ^"ent“r?d^up.^^ 
case  the  plaintiff  may  forthwith  have  judgment  entered 
up  for  the  amount  so  admitted,  as  provided  in  the  preced- 
ing section.* 

Mailhouse  v.  Inloes,  18  Md.  332,  333.  Knickerbocker  Ice  Co.  v 
Hoeske,  32  Md.  317.  Norris  v.  Wrenschall,  34  Md.  492.  Laubheimer 
Z'.  Nail,  88  Md.  174.  Singer  ^/.  Fidelity  & Deposit  Co.,  96Md.224.  Col- 
bourn  V Boulton,  100  Md.  358. 


1890,  ch.  433.  P.  L.  D.  (1888)  Art.  4,  Sec.  169A. 

315.  If  the  defendant  shall  dispute  the  whole  or  any 
part  of  the  plaintiff’s  demand  in  any  action  brought  under 
the  provisions  or  the  three  foregoing  sections,  and  upon  counsel  fee  to 
trial  of  the  case  the  plaintiff  shall  recover  a judgment  for  whlnh^re- 
any  portion  of  his  demand  so  disputed,  then  the  plaintiff 
shall  be  allowed  in  addition  to  the  costs  of  the  suit,  reason- 
able  counsel  fees,  to  be  fixed  by  the  court,  said  fees  not  to 
be  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars,  t 


1904,  ch.  9. 

31 5 A.  In  any  action  in  the  Superior  Court  of  Baltimore 
City,  in  the  Court  of  Common  Pleas,  or  in  the  Baltimore  Time  for  filing 
City  Court,  which  has  been  brought  to  the  February  Rule-  fended  ’ 
Day,  1904,  or  which  has  been  or  may  hereafter  be  brought 
to  the  March  Rule-Day,  1904,  no  plea  shall  be  required  to 
be  filed  before  April  15,  1904. 


—Judgment  by  Default:  joint  liability  after  judgment  by 
default.  In  assumpsit  against  two  or  more  persons  sued  jointly,  the 
defendants  on  inquisition,  after  judgment  by  default,  cannot  deny  their 
joint  liability.  Santa  Clara  Mining  Co.  v.  Williams,  Daily  Record, 
March  8,  1894. 


tNoTR. — As  to  provisions  of  Section  315  relating  to  counsel  fees,  see^ 
Singer  v.  Fidelity  and  Deposit  Co.,  96  Md.  224. 


270  miscellaneous  local  laws. 

1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec.  170. 

^ 316.  Bills  of  exception  may  be  signed  in  any  cause 

Bills  of  ex-  ...  . ^ . . , . . T . 

ception.  pending  in  any  oi  said  courts  at  any  time  within  thirty 
days  from  the  rendition  of  the  verdict  of  the  jury  or  the 
findings  of  the  court  upon  the  issues  of  fact  in  said  cause, 
When  to  be  thereafter,  unless  the  time  for  signing  said  bill  of 

signed.  exception  shall  have  been  previously  extended  by  order  of 
court  or  by  consent  of  parties ; but  nothing  herein  shall 
prevent  either  party  from  requiring  the  bills  of  exception 
to  be  signed  before  verdict. 

Gottlieb  V.  Fred.  W.  Wolff  Co.,  75  Md.  126.  Preston  v.  McCann,  77 
Md.  30.  Edelhoff  z/.  Horner-Miller  Co.  86  Md.  595-605.  Am.  Tobacco 
Co.  V.  Strickling,  88  Md.  500. 


1886,  ch.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec.  171. 

317.  Any  action  taken  or  order  passed  by  any  of  said 
courts  in  relation  to  any  judgment  rendered  by  it,  if  taken 
or  passed  within  thirty  days  after  the  entry  of  such  judg- 
ment, or  upon  a motion  or  application  made  to  it  within 
said  thirty  days,  shall  have  the  same  effect  and  force  as  it 
would  have  had  under  the  practice  heretofore  existing  in 
said  court  if  taken  or  passed  during  the  term,  or  upon  a 
motion  or  application  made  during  the  term  at  which  said 
judgment  was  entered,  and  no  more  ; but  any  such  action 
taken  or  order  passed  after  the  expiration  of  thirty  days 
from  the  entry  of  any  judgment,  (unless  upon  a motion  or 
application  made  within  that  time),  shall  have  the  same 
effect  and  force  as  it  would  have  had  under  such  previous 
practice,  if  taken  or  passed  after  the  expiration  of  said 
term,  and  no  more  ; and  the  said  courts  shall  respectively 
have,  for  a period  of  thirty  days  after  the  doing  of  any  act 


Note. — In  relation  to  bills  of  exception  generally,  see:  Briscoe  v. 

Ward,  1 H.  & J.  165.  Dakin  v.  Pomeroy,  9 Gill  1.  Marsh  v.  Hand,  35 
Md.  123.  Balto  Bldg.  Ass’n  v.  Grant,  41  Md.  560.  Carey  27.  Merryman, 
46  Md.  89.  Donohue  v.  Shadrick,  46  Md.  226.  Horn  v.  Buck,  48  Md. 
358.  Ruppertsburger  v.  Clark,  53  Md.  402.  Weiskittel  v.  State,  61  Md. 
48.  Thomas  z/.  Ford,  63  Md.  346.  Mayor,  &c.,  Wesminster  z/.  Shipley. 
68  Md.  610.  Bowling  v.  Turner,  78  Md.  595.  Central  Ry.  Co.  v. 
Coleman,  80  Md.  335. 


APPEALS  FROM  JUSTICES  OF  THE  PEACE. 


271 


or  thing  in  any  cause  before  them,  the  same  revisory 

power  and  control  over  such  act  or  thing  which,  under  the 

practice  heretofore  existing,  they  would  have  had  over 

the  same  during  the  term  at  which  it  was  done,  and  no 

more  ; and  after  thirty  days  from  the  doing  of  any  such  may  be  exer 

act  or  thing,  the  said  courts  shall  have  the  same  revisory 

power  and  control  thereover,  which,  under  such  previous 

practice  they  would  have  had  after  the  expiration  of  the 

term  at  which  said  act  or  thing  was  done,  and  no  more. 

Preston  v.  McCann,  77  Md.  33.  Laubheimer  v.  Johnson,  98  Md.  685. 


1886,  ch.  184.  P.  L.  E.,  (1888)  Art.  4 Sec.  172. 

318.  In  all  cases  where  the  pre-existing  laws  direct 
require  that  any  act  or  thing  shall  be  done  in  or  by  any  of 
said  courts  during  the  same  term  at  which  some  other 
act  or  thing  may  be  done  or  happen,  such  first 
mentioned  act  or  thing  shall  hereafter  be  done  within 
thirty  days  after  the  doing  or  happening  of  said  last  men- 
tioned act  or  thing. 


1867,  ch.  164.  1886,  ch.  184.  P.  L.  E.,  (1888)  Art.  4,  Sec.  173. 

319.  All  appeals  from  Justices  of  the  Peace  to  the 
Baltimore  City  Court  shall  stand  for  trial  on  the  day  fol-  Appeals  from 
lowing  the  return  day  to  which  the  appellee  shall  be  the  Peace, 
returned  summoned,  or  the  second  return  day  to  which  the 
summons  issued  for  the  appellee  shall  be  returned  non  est 
But  before  the  Baltimore  City  Court  shall  proceed  to  try 
any  such  appeal,  the  court  shall  first  be  satisfied  that  all 
costs  incurred  on  the  judgment  and  proceedings  before  the 
justice  have  been  paid  by  the  appellant.* 


*Note. — Appeals  from  Justices  of  the  Peace.  Where  a Justice  of  the 
Peace  refuses  to  send  papers  to  the  Baltimore  City  Court  on  appeal,  on 
writ  of  mandamus,  said  court  will  compel  him  to  do  so,  and  the  court 
will  decide  whether  an  appeal  will  lie. 

Stewart  z/.  Duvall,  Daily  Record,  March  7,  1897. 

Equity  has  no  jurisdiction  over  magistrate’s  appeals. 

Mankowitz  v.  Pruzan,  Daily  Record,  April  20,  1898. 


272 


MIvSCELLANKOUS  EOCAL  LAWS. 


1892,  cli.  186.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  173A. 

320.  In  all  cases  in  which  appeals  are  or  may  be  allowed 
to  the  Baltimore  City  Court  from  the  decisions  of  any 
commissioners,  or  other  persons  appointed  in  any  manner 

^counduo  to  determine  any  benefits  or  damages  in  any  form  of 
appeal  in  con-  condemnation  proceedings,  for  the  use  of  the  Mayor  and 
cases.  City  Council  of  Baltimore,  it  shall  be  lawful  for  the  City  to 
enter  appeals  in  the  same  manner  and  within  the  same  time 
or  times  allowed  for  their  entry  by  other  persons  ; and  all 
such  appeals  by  whomsoever  prayed  within  the  time  or 
times  limited  therefor,  shall  be  heard  and  determined  by 
the  Baltimore  City  Court  as  speedily  as  may  be,  each  person 
interested  being  secured  in  his,  her  or  its  rights  to  a jury 
trial ; and  in  case  there  should  be  more  than  one  appeal  in 
reference  to  the  same  piece  of  property,  they  may  all  be 
appeal  cases.  heard  together,  in  the  discretion  of  the  court,  before  one 
jury ; provided,  a sufficient  panel  of  jurors  be  furnished, 
so  that  the  City  and  the  owners  or  representatives  of  each 
separate  interest  or  estate  in  such  property  may  strike  four 
names  from  such  panel ; the  practice,  including  the  right 
of  appeal  to  the  Court  of  Appeals  in  all  such  cases,  shall 
conform  as  near  as  may  be  to  the  practice  now  prevailing 
in  said  court  in  the  trial  of  appeals  from  the  decisions  of 
the  Commissioners  for  Opening  Streets. 

1892,  ch.  634.  P.  L.  L.,  (1888)  Art.  4 Sec.  173B. 

321.  The  Supreme  Bench  of  Baltimore  City  shall  an- 
supreme  nually  designate  two  members  of  the  said  bench  to  sit  in 

d?”ignate  their  respective  courts,  attended  by  their  clerks,  during 
to  sit  ill  regis-  the  annual  sittings  of  the  Registers  of  Voters,  and  also  on 
nTtumiiza-  the  four  Saturdays  immediately  preceding  the  September 
tion  cases,  Registers  of  Voters  of  the  City  of  Baltimore, 

for  the  purpose  of  hearing  and  determining  applications 
for  naturalization,  and  such  applications  shall  have  preced- 
ence over  all  other  business. 


1900,  ch.  705. 

321  A.  The  Supreme  Bench  is  authorized  to  adopt  rules 
and  regulations  governing  the  subject  of  naturalization  of 


CIRCUIT  COURT  OF  BALTIMORE  CITY. 


273 


aliens  in  the  Courts  of  Baltimore  City,  and  imposing  a uni- 
form  scale  of  charges  to  be  collected  from  the  persons  nSiTrliiL- 
applying  for  naturalization  to  defray  the  expenses  incident 
to  the  operation  of  said  rules  and  regulations. 


P.  L.  L.,  (1888)  Art.  4,  Sec.  173A.  1894,  ch.  392. 

322.  Whenever  the  record  of  proceedings  in  any  suit, 

action  or  issue  pending  in  one  of  the  courts  of  common  law  proceedings 
in  the  City  of  Baltimore  shall  be  directed  to  be  transmitted  common  law 
for  trial  to  some  other  such  court  of  the  said  City,  in  ac- 
cordance with  Article  4,  Section  8,  of  the  Constitution,  it 
shall  be  the  duty  of  the  clerk  of  the  court  from  which  the 
said  record  of  proceedings  is  so  directed  to  be  removed,  to 
immediately  deliver  to  the  clerk  of  the  court  to  which  the 
same  is  so  directed  to  be  removed,  all  the  original  papers 
in  the  said  cause,  together  with  a certified  copy  of  all 
docket  entries  relating  to  the  same,  which  original  papers 
and  copy  of  docket  entries  shall  constitute  such  record  of 
proceedings  for  the  purposes  of  such  trial ; and  it  shall 
thereupon  become  the  duty  of  the  judge  of  the  court  to  Duty  of  judge 
which  the  said  suit,  action  or  issue  shall  be  removed  im-  cases, 
mediately  by  special  order  to  assign  the  same  for  trial  to 
such  day,  or  in  sequence  to  such  other  causes,  as  he  shall 
consider  j ust  and  proper. 

Weiskittel  v.  State,  58  Md.  155.  De  Murgiondo  z/.  Frazier,  63  Md.  94. 

Circuit  Court  of  Baltimore  City.^* 

P.  G.  L.,  (1860)  Art.  29  Sec.  58.  P.  L.  L.,  (1888)  Art.  4,  Sec.  174. 

323.  Whenever  in  any  case  instituted  in  the  Circuit  circuit 
Court  a jury  is  asked  for  and  allowed,  or  is  desired  by  the  ^°urt cases. 


**Note. — As  to  juri.sdiction  of  this  Court,  see,  Barth  v.  Rosenfeld,  36 
Md.  604,  and  Orrick  v.  Boehme,  49  Md.  72. 

Commissions  of  Trustees.  Rule  of  the  Circuit  Courts  of  Baltimore 
City  as  to  commissions  to  trustees  for  making  investments  of  trust 
funds  pending  litigation  and  general  management  of  trust  funds,  con- 
strued, in  re  Trust  Estate  Hiss,  Daily  Record,  March  18,  1891. 

Costs  in  Equity.  The  stenographer’s  per  diem  and  one  copy  of  testi- 
mony are  taxable  as  costs  in  equity  under  the  35th  equity  rule.  Beecher 
V.  Baltimore  Sterling  Silver  Co.,  Daily  Record,  January  11,  1896. 


274 


MISCELIvANKOUS  EOCAE  EAWS. 


Opinions  not 
required  to 
be  filed. 


Powers  of. 


Proviso. 


Additional 

Judge. 


Judg-e  thereof,  the  Judge  shall  issue  an  order  to  the  Sheriff 
of  Baltimore  City,  requiring  him  to  summon  twenty  jurors 
to  attend  the  court,  when  proceedings  shall  be  had  in  such 
cases  as  is  usual  in  like  cases  in  equity. 

1874,  ch.  312.  P.  L.  E.,  (1888)  Art.  4,  Sec.  175.  1888,  ch.  194. 

324.  The  Judge  of  the  Circuit  Court  is  not  required  to 
file  opinions  for  or  in  respect  of  any  final  decree  or  decre- 
tal order,  whenever  such  decree  or  order  shall  have 
passed  upon  argument,  oral  or  in  writing,  on  the  part  of 
any  of  the  parties  to  a cause.  This  section  shall  apply  also 
to  the^udge  of  the  Circuit  Court  Number  Two  of  Baltimore 
City. 


Circuit  Court  Number  Two  of  Baltimore  City, 

1888,  ch.  194.  P.  E.  E.,  (1888)  Art.  4,  Sec.  176. 

325.  Another  court  is  established  in  and  for  the  City 
of  Baltimore,  to  be  styled  the  Circuit  Court  Number  Two 
of  Baltimore  City.  The  powers  and  jurisdiction  of  said 
court  shall  be  concurrent  with  those  now  held  and  exer- 
cised by  the  Circuit  Court  of  Baltimore  City,  and  both  of 
said  courts  shall  have  the  same  terms  and  return  days ; 
subject,  however,  to  such  rules  and  regulations  for  a 
proper  distribution  and  apportionment  of  business  between 
them  as  the  Supreme  Bench  of  Baltimore  City  shall  from 
time  to  time  prescribe. 

Ridgely  v.  Ridgely,  79  Md.  208. 


1888,  ch.  194.  P.  E.  E.,  (1888)  Art.  4,  Sec.  177. 

326.  There  shall  be  elected  another  Judge  of  the 
Supreme  Bench  of  Baltimore  City,  by  the  legal  and  quali- 

Striking  out  Decrees.  The  striking  out  of  a decree  before  enrollment 
is  subject  to  the  control  of  the  Court  during  the  term  at  which  a decree 
is  passed  ; during  such  term  a decree  is  subject  to  the  control  of  the 
Court  and  liable,  upon  proper  grounds  shown  by  petition,  to  be  altered 
or  reversed.  Whitelock  v.  Bank  of  Commerce,  Daily  Record,  May  15, 
1897. 

As  to  non-jury  trials  and  removals  of  cases  from  one  court  in  Baltimore 
City  to  another,  see.,  Chappell  Chemical,  etc.  Co.  v.  Sulphur  Co.  85  Md, 
684. 


CRIMINAI.  COURT. 


275 


fied  voters  of  said  city  at  the  election  to  be  held  in  said 
City  on  the  Tuesday  next  after  the  first  Monday  of  Novem- 
ber, eighteen  hundred  and  eighty-eight ; the  said  Judge, 
when  elected,  to  be  subject  to  all  the  provisions  of  the 
Constitution  relating  to  the  Supreme  Bench  in  Baltimore 
City  and  the  several  judges  thereof.* 

1888,  ch.  194.  P.  n.  Iv.,  (1888)  Art.  4,  Sec.  178 

327.  There  shall  be  elected  at  the  same  election  by  the  Adcut^onai 
legal  and  qualified  voters  of  Baltimore  City,  a clerk  for 

said  Circuit  Court  Number  Two  of  Baltimare  City,  who 
shall  be  subject  to  all  the  provisions  of  the  Constitution 
relating  to  the  Clerk  of  the  Circuit  Court  of  Baltimore  City. 

1904,  ch.  624. 

327 A.  Whenever  any  suitis  instituted  in  one  of  the  Circuit  m suits  insti- 
Courts  of  Baltimore  City,  and  after  one  or  more  of  the 
defendants  is  or  are  returned  summoned,  or  voluntarily 
appears  in  the  case  without  being  summoned,  a copy  of  the 
bill  filed  in  the  suit  shall  be  served  on  one  of  the 
defendants,  or  the  solicitor  of  record  in  the  case  of  one  or 
more  of  the  defendants  so  returned  summoned  or 
appeared  in  the  case,  and  a copy  of  all  intermediate 
pleadings,  petitions,  orders  and  answers  shall  be  served  on 
one  of  the  opposite  parties  in  the  case,  or  upon  one  of  the 
solicitors  of  record  in  the  case  before  filing  the  same.  Until 
the  said  copies  have  been  served  as  above  mentioned,  no 
party  to  the  suit  shall  be  considered  in  default  of  any  rule 
of  the  court.  This  Act  shall  not  apply  to  suit  instituted 
by  the  consent  of  all  parties  to  the  case,  nor  to  proceedings 
instituted  to  foreclose  mortgages. 

Criminal  Court  of  Baltimore. 

P.  L.  Iv.,  (I860)  Art.  4,  Sec.  175.  P.  P P.,  (1888)  Art.  4,  Sec.  179. 

328.  The  Criminal  Court  of  Baltimore  shall  hold  three of. 
regular  sessions  yearly,  to  commence  on  the  second  Mon- 
day of  January,  second  Monday  of  May,  and  second  Monday 

*Note. — For  Pegislative  authority  providing  for  the  election  of  addi- 
tional judges  authorized  by  the  Constitution,  see,  h.ct  1894,  ch.  284  and 
Act  18%,  ch.  95.  And  see  also,  Act  1906,  ch,  234. 


tuted  in  Cir- 
cuit Courts  of 
Baltimore, 
copies  of 
pleadings  to 
be  served  on 
opposing 
parties;  no 
default  until 
copy  is 
served:  ex- 
ceptions to 
rule. 


276 


MISCELLANEOUS  LOCAL  LAWS. 


Trial  of  cases. 


Jurisdiction. 


Sentence  for 
petty  lar- 
ceny. 


Commitments, 
when  to  be 
returned. 


of  September ; and  such  sessions  shall  continue  until  all  the 
business  before  it  shall  be  finished.  * 


P.  L.  L.,  (1860)  Art.  4,  Sec.  176.  P.  L.  L.,  (1888)  Art.  4,  Sec.  180. 

329.  At  special  sessions  of  said  court,  all  cases  may  be 
tried  and  disposed  of  as  at  the  regular  terms  thereof. 


P.  G.  Iv.,  (1860)  Art.  29,  Sec.  59.  P.  P.  L.,  (1888)  Art.  4,  Sec.  181. 

330.  The  Criminal  Court  of  Baltimore  shall  have  juris- 
diction in  all  cases  of  felony,  and  other  crimes,  offences  and 
misdemeanors  within  the  City  of  Baltimore. 


1864,  ch.  50.  P.  P.  P.,  (1888)  Art.  4,  Sec.  182. 

331.  Any  person  convicted  in  the  Criminal  Court  of 
Baltimore  of  larceny  committed  in  Baltimore  City  to  an 
amount  under  five  dollars,  ma^^  in  the  discretion  of  the 
judge  of  the  said  court,  be  sentenced  to  hard  labor  in  the 
jail  of  Baltimore  City  for  not  less  than  six  months  nor  more 
than  two  years,  instead  of  the  penitentiary. 


P.  G.  P.,  (1860)  Art.  29,  Sec.  62.  P.  P.  P.,  (1860)  Art.  4,  Sec.  177. 

P.  P.  P.  (1888)  Art.  4,  Sec.  183. 

332.  All  commitments  and  recognizances  for  all  felonies, 
crimes,  offences  and  misdemeanors  committed  within  said 
City,  shall  be  returned  from  time  to  time  by  any  Justice 
of  the  Peace  taking  the  same  before  said  court,  and  shall 
be  lodged  with  the  clerk  of  said  court  on  the  day  next 
preceding  the  day  appointed  for  holding  the  said  court. 


*Notk. — In  relation  to  the  assignment  of  judges  of  the  Criminal 
Court  to  sit  separately  with  a separate  jury  for  the  trial  of  cases,  see 
Jackson  v.  State,  87  Md.  191. 


Note. — Commitments.  As  to  defective  commitments,  see.,  in  re 
Flanigan,  Daily  Record,  December  19,  1904,  and  in  re  Pivingstone, 
Daily  Record,  December  30,  1889;  also,  Cornish  v.  Warden  City  Jail, 
Daily  Record,  December  20,  1892.  As  to  commitments  generally,  see 
Adains  v.  Supt.  Maryland  House  of  Refuge,  Daily  Record,  December  3, 
1903. 


CRIMINAL  COURT. 


277 


P.  L.  L.,  (1860)  Art.  4,  Sec.  184.  P.  L.  L.,  (1888)  Art.  4,  Sec.  189. 

333.  It  shall  be  the  duty  of  the  Sheriff  to  make  return  Return  of 
of  each  capias  upon  presentment  or  indictment  from  said 
court  within  five  days  after  the  same  is  delivered  to  him 
by  the  clerk  ; and  if  said  capias  is  returned  non  est,  the 
clerk  shall,  in  the  discretion  of  the  State’s  Attorney  of  Balti- 
more City,  order  said  capias,  to  be  re-issued,  and  the  same 
capias  shall  again  be  delivered  to  the  sheriff  ; and  the  date 
of  the  first  return  thereof  shall  be  endorsed  thereon  ; and  indorsements 
the  second  return  shall  be  made  within  the  time  above  re-issues, 
specified  ; and  in  case  the  said  capias  is  returned  the  second 
time  non  est,  the  same  shall  be  again  so  endorsed  and 
deliverd  to  the  Sheriff. 


P.  L.  L.,  (1860)  Art.  4.  Sec.  185.  P.  L.  L.,  (1888)  Art.  4,  Sec.  190. 

334.  The  clerk  of  said  court  and  the  Sheriff  of  said  City  Fees  for 
shall  be  allowed  only  the  fees  for  the  issue  of  one  capias, 
or  for  the  service  of  one  capias  in  each  term,  however 
often  the  same  may  be  issued  or  returned. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  186.  P.  L.  U.,  (1888)  Art.  4,  Sec.  191. 

335.  All  subpoenas  for  witnesses  from  said  court  shall  be  subpoenas, 
returned  by  the  Sheriff  within  six  days  after  the  same  are  is- 
sued  by  the  clerk,  or  within  six  days  after  the  day  of  the 
renewal  of  such  subpoenas,  unless  the  same  are  ordered  to  be 
returned  immediately,  in  which  case  they  shall  be  sore- 
turned,  if  practicable. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  187.  P.  L.  L.,  (1888)  Art.  4.  Sec.  192. 

336.  The  said  Sheriff  shall  be  allowed  for  the  service  Allowance  for, 
of  one  subpoena  only,  against  any  witness  that  may  be 
returned  non  est,  and  for  whom  the  said  subpoena  may  be 
renewed,  whether  once  or  oftener  in  one  term. 


278 


MISCKLI.ANKOUS  LOCAI,  LAWS. 


Renewal  of. 


Penalty  for 
failure  to 
make  re- 
turns. 


Witnesses  be- 
fore Grand 
Jury,  how 
sworn. 


Costs  UDon  ac- 
quittal. 


Recovery  of 
costs  upon  ac 
quittal. 


P.  Iv.  L.,  (1860)  Art.  4,  Sec.  188.  P.  L.  h.,  (1888)  Art.  4,  Sec.  193. 

337.  The  clerk  of  said  court,  if  a suhpcena  is  renewed 
by  order  of  the  State's  Attorney,  or  by  the  counsel  of  the 
prisoner  or  traverser,  shall  endorse  the  renewal,  on  the 
suhpcena,  and  the  same  shall  have  all  the  legal  effect  of  a 
new  suhpcena  issued  in  the  term  of  said  court  during  which 
said  suhpcena  was  first  issued. 


P.  Iv.  L.,  (1860)  Art.  4,  Sec.  189.  P.  L.  L.,  (1888)  Art.  4,  Sec.  194. 

338.  The  Sheriff  of  said  City  shall  be  subject  to  a 
penalty  of  five  dollars  in  each  case  in  which  returns  are 
not  made  within  the  time  prescribed  in  this  sub-division  of 
this  Article. 


1890,  ch.  250.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  194A. 

339.  Witnesses  appearing  before  the  Grand  Jury  shall 
be  sworn  in  the  presence  of  the  Grand  Jury  by  the  foreman 
or  by  some  other  member  appointed  by  the  foreman  for  that 
purpose. 


P.  G.  Iv.,  (I860)  Art.  29,  Sec.  64.  P.  L.  L.,  (1888)  Art.  4,  Sec.  196. 

340.  In  all  cases  of  misdemeanor  which  may  be  pros- 
ecuted in  said  court  at  the  instance  of  any  person,  if  the 
party  so  prosecuted  shall  be  acquitted,  all  the  legal  costs 
and  expenses  attending  the  prosecution  shall  be  paid  by 
the  person  at  whose  instance  such  prosecution  was  com- 
menced, unless  the  court  shall  certify  that  there  was 
probable  cause  for  the  prosecution. 


P.  G.  L.,  (1860)  Art.  29,  Sec.  65.  P.  L.  L.,  (1888)  Art.  4,  Sec.  197. 

341.  The  same  process  may  be  issued  for  the  recovery 
of  the  costs  and  expenses  of  such  prosecution  against  the 
. person  who  may  become  liable  therefor  under  the  last 
preceding  section,  as  could  be  issued  against  the  party 
prosecuted,  if  he  had  been  convicted. 


CRIMINAL  COURT. 


279 


1886,  ch.  46.  P.  L.  L.,  (1888)  Art.  4,  Sec.  198. 

342.  The  Mayor  and  City  Council  of  Baltimore  shall 

. , • T • 1 /-'I  • • 1 Appearance 

not  be  liable  in  any  criminal  cases  tried  m the  Criminal  fee. 
Court  of  Baltimore  for  the  appearance  fees  allowed  by  law 
to  the  attorney  of  the  traverser. 


P.  G.  L.,  (1860)  Art.  29,  Sec.  66.  P.  L.  L.,  (1888)  Art.  4,  Sec.  199. 

343.  Whenever  the  Grand  Jury  shall  find  any  present- 
ment against  any  person  for  misdemeanor  they  shall 
endorse  on  the  presentment  the  name  of  the  person  at  Name  of  prose- 
whose  instance  such  presentment  is  made,  who  shall  be 
deemed  and  taken  to  be  the  person  at  whose  instance  such 
prosecution  was  commenced. 


P.  G.  L.,  (1860)  Art.  29.  Sec.  67.  P.  L.  P.,  (1888)  Art.  4,  Sec.  200. 

344.  If  any  security  in  any  recognizance  shall  request  Surrender  of 
to  deliver  up  the  principal,  said  court,  or  the  judge  there- 
of  in  the  recess,  may  accept  such  surrender,  and  may 
require  and  take  other  recognizance,  or  commit  the 
principal  to  jail  until  he  gives  such  security  as  the  law 
requires. 


P.  G.  L.,  (1860)  Art.  29,  Sec.  68.  P.  L.  L.,  (1888)  Art.  4,  Sec.  201. 

345.  If  any  person  convicted  in  said  court  shall  have  a Binding-  out 
child  or  children  under  the  age  of  twenty-one  years,  and 
shall  not  have  property  sufficient  to  maintain  such  child  or 
children,  the  said  court  may  bind  such  child  or  children  to 
any  trade  or  handicraft ; females  until  the  age  of  sixteen, 
and  males  to  the  age  of  twenty-one  years. 


P.  G.  L.,  (1860)  Art.  29.  Sec.  69.  P.  L.  L.,  (1888)  Art.  4,  Sec.  202. 

346.  If  any  person  who  shall  be  summoned  as  a witness  Fine  of  absent 
to  said  court  shall  fail  to  attend  as  required  in  said  summons, 
he  shall  be  fined  by  said  court  in  its  discretion,  not  exceed- 
ing one  hundred  and  fifty  dollars. 


280 


MISCELLANEOUS  LOCAL  LAWS. 


Forfeiture  of 
bail. 


Enforcement 
of  forfeiture. 


Fee  in  re- 
moved cases, 
to  State’s  At- 
torney. 


P.  G.  L.,  (1860)  Art.  29,  Sec.  70.  P.  L.  L.  ,(1860)  Art.  4,  Sec.  132. 

V.  L.  L.,  (1888)  Art.  4,  Sec.  203. 

347.  In  all  criminal  cases  in  the  said  court  in  which 
bail  shall  be  forfeited,  the  person  who  shall  have  entereid  into 
such  recognizance  for  the  appearance  of  any  traverser  or 
prisoner  shall  be  liable  forthwith  to  an  attachment  for 
contempt  for  the  non-appearance  of  said  party,  which 
attachment  shall  be  issued  by  the  court  in  which  an  indict- 
ment against  said  traverser  or  prisoner  is  pending,  at  the 
instance  of  the  attorney  prosecuting  therein. 


P.  G.  L.,  (I860)  Art.  29,  Sec.  71.  P.  L.  L-,  (I860)  Art.  4,  Sec.  133. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  204. 

348.  In  all  cases  in  which  bail  as  aforesaid  is  forfeited, 
the  court  may,  on  the  return  of  said  attachment,  order  the 
person  attached  to  stand  committed  until  the  amount  of 
said  recognizance  is  fully  paid  and  satisfied,  or  may  order 
said  person  to  be  discharged  upon  the  payment  of  such 
lesser  sum  as  it  shall,  in  its  discretion,  deem  proper; 
provided,  such  sum  be  not  less  than  the  amount  of  the  costs 
which  may  have  accrued  in  the  case  up  to  the  time  of 
passing  such  order.  * 


1865,  ch.  187.  P.  L.  L.,  (1888)  Art.  4,  Sec.  205. 

349.  In  all  criminal  cases  removed  from  the  Circuit 
Court  for  Baltimore  County  to  the  Criminal  Court  of  Balti- 
more and  tried,  the  Judge  of  the  Criminal  Court  may  allow 
to  the  State's  Attorney  for  Baltimore  City  in  addition 
to  the  sum  now  allowed  by  law,  a compensation  not  exceed- 
ing forty  dollars  in  any  one  case,  to  be  paid  by  Baltimore 
County  to  the  City  Register,  for  the  benefit  of  the  State’s 
Attorney,  t 


*NoTE. — See  note  page  207,  City  Code  (1879). 

fAs  to  costs  and  counsel  fees  in  removed  cases  see:  Mayor, etc.  v.  Co. 

Commrs.,  Balto.  Co.,  19  Md.  554.  Co.  Comnirs.,  How.  Co.  v.  Co. 
Commrs.,  Fred.  Co.,  30  Md.  432.  M.  & C.  C.  of  Balto.  Co.  Commrs., 
How.  Co.,  61  Md.  326.  C/.,  note  to  Wright  v.  Hanmer,  5 Md.  370. 


orphans'  court. 


281 


P.  G.  L.,  (1860)  Art.  29,  Sec.  7.  P.  L.  L.,  (1888)  Art.  4,  Sec.  206. 

350.  The  Criminal  Court  of  Baltimore  may  appoint 
assistant  counsel  for  the  State  to  aid  in  the  trial  of  criminal 
or  other  State  cases  in  said  court  whenever  in  the  judgment 
of  the  court  the  public  interest  requires  it. 

P.  G.  L.,  (1860)  Art.  29,  Sec.  8.  P.  h.  L.,  (1888)  Art.  4,  Sec.  207. 

351.  The  Mayor  and  City  Council  of  Baltimore  shall  pay  of. 
levy  and  pay  such  sum  as  in  their  judgment  will  be  an 
adequate  compensation  for  the  services  rendered  by  such 
assistant  counsel ; provided,  the  sum  levied  and  paid  in  any 
single  case  shall  not  exceed  one  hundred  dollars. 


Orphans^  Court. 

1865,  ch.  169.  P.  L.  L.,  (1888)  Art.  4,  Sec.  208.  1898,  ch.  256.  1900, 

ch.  182. 

352.  The  Judges  of  the  Orphans’  Court  of  Baltimore  Per  diem  of 
City  shall  receive  nine  dollars  for  every  day’s  attendance 
upon  the  sessions  of  said  Court,  to  be  paid  by  the  City  of 
Baltimore  monthly,  and  the  sessions  of  said  Court  shall 
continue  from  11  A.  M.  until  3 P.  M.,  if  necessary  for  the 
transaction  of  business  of  the  Court. 


1868,  ch.  20.  P.  L.  L.,  (1888)  Art.  4,  Sec.  209.  1900,  ch.  182. 

353.  The  Bailiff  of  said  Orphans’  Court  shall  receive  Per  diem  of 
five  dollars  a day  for  each  day’s  attendance  upon  said 
Court. 


Register  of  Wills. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  824.  P.  L.  L.,  (1888)  Art.  4,  Sec.  210. 

354.  The  Register  of  Wills  of  Baltimore  City,  upon  his  Bond  of. 
election  or  appointment,  and  at  and  before  the  expiration 
of  every  two  years  thereafter,  shall  give  bond  to  the  State 


282 


MISCELLANEOUS  LOCAL  LAWS. 


of  Maryland  in  the  sum  of  thirty  thousand  dollars,  condi- 
tioned for  the  faithful  performance  of  all  the  duties  now 
or  which  may  hereafter  be  required  of  him  by  law,  with 
securities,  the  sufficiency  of  which  shall  be  certified  by  the 
Judges  of  the  Orphans’  Court  for  said  City,  the  same  to  be 
approved  by  the  Comptroller  of  the  State,  and  when  ap- 
proved, to  be  filed  in  his  office. 

As  to  commissions,  see.  Banks  v.  State,  60  Md.  305, 


P.  L.  L.,  (I860)  Art.  4,  Sec.  825.  P.  L.  L.,  (1888)  Art.  4,  Sec.  211. 

355.  When  said  bond  is  inspected  by  the  judges  of  said 
Approval  of  court,  and  is  deemed  good  and  sufficient,  and  is  so  certi- 
fied,  the  same  shall  be  forthwith  entered  among  the  pro- 
ceedings of  said  court,  and  sent  to  the  Comptroller  for  his 
approval ; and  when  said  bond  shall  be  approved  by  the 
Comptroller,  he  shall  forthwith  make  a certificate  of  the 
fact  of  such  approval,  and  send  the  said  certificate  to  the 
Judges  of  said  Orphans’  Court,  and  the  same  shall  be 
entered  among  the  proceedings  of  the  court. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  826.  P L.  L.,  (1888)  Art.  4,  Sec.  212. 

Failure  to  give  356.  A refusal  or  neglect  on  the  part  of  said  Register 
to  give  bond,  to  be  approved  and  recorded  as  aforesaid, 
within  the  time  prescribed,  shall  be  deemed  a disqualifica- 
tion within  the  meaning  of  the  Constitution,  and  thereupon 
his  place  shall  be  filled  according  to  the  provisions  of  the 
25th  and  41st  sections  of  the  4th  Article  of  the  Constitu- 
tion, and  subject  to  the  term  and  service  therein  prescribed. 


Clerks  of  the  Law  Courts  of  Baltimore  City.  * 

P.  G.  L.,  (1860)  Art.  18,  Secs.  66,  71.  1867,  ch.  401.  P.  L.  L.,  (1888) 

Art.  4,  Sec.  213. 

Clerks’  Bonds.  357.  The  Clerk  of  the  Superior  Court  of  Baltimore  City 
shall  give  bond  to  the  State  of  Maryland  in  the  sum  of 


*NoTE. — Pozvers  of  Clerks  of  Law  Courts  of  Baltimore  City.  Sections 
11  and  15  of  Article  IV  of  the  Constitution  of  1851  confer  the  powers  of 


CLERKS  OF  THE  LAW  COURTS  OP  BALTIMORE. 


283 


thirty  thousand  dollars  ; the  Clerk  of  the  Court  of  Common 
Pleas  in  the  sum  of  fifty  thousand  dollars,  and  the  Clerk 
of  the  Baltimore  City  Court  in  the  sum  of  twenty  thousand 
dollars,  each  of  said  bonds  conditioned  for  the  faithful 
performance  of  all  the  duties  now  required  of  each  of  said 
clerks  by  law,  with  sufficient  securities  ; the  sufficiency  of 
which  securities  shall  be  certified  to  by  the  Judge  of  each 
of  said  courts,  and  approved  by  the  Comptroller  of  the 
State  as  herein  directed.** 

Vansant  v.  State,  96  Md.  110.  Amer.  Bonding  Co.  v.  Mechanics  Bank, 
97  Md.  604. 


P.  G.  L.,  (1860)  Art.  18,  Sec.  67.  P.  L.  L-,  (1888)  Art.  4,  Sec.  214. 

358.  When  the  sufficiency  of  the  securities  in  each  of 
said  bonds  is  certified  to  by  the  judges  of  the  several 
courts,  the  bonds  shall  be  immediately  recorded  among 
the  proceedings  of  the  court  to  which  the  said  clerk  belongs, 
and  then  sent  to  the  Comptroller  for  his  approval ; and  if 
the  comptroller  shall  approve  said  bonds  and  securities  he 
shall  certify  the  same  to  the  judges  of  said  several  courts, 
and  such  certificates  shall  be  recorded  in  such  respective 
courts. 


P.  G.  L.,  (1860)  Art.  18,  Sec.  68.  P.  L.  L.,  (1888)  Art.  4,  Sec.  215. 

359.  Each  of  said  clerks  shall  every  second  year  renew  Renewal  of. 
his  said  bond  in  the  same  penalty,  and  with  securities  to 
be  certified  and  approved  as  hereinbefore  directed. 


P.  G.  L.,  (1860)  Art.  18,  Sec.  69.  P.  L.  L.,  (1888)  Art.  4,  Sec.  216. 

360.  If  any  one  of  the  clerks  of  said  courts  shall  fail 
to  give  bond  as  hereinbefore  directed,  within  thirty  days  give  bond. 

the  Clerk  of  the  Baltimore  County  Court  on  the  Clerks  of  the  Court  of 
Common  Pleas  and  the  Superior  ^ourt ; all  doubts  on  this  point  are 
removed  by  Acts  of  1886,  ch.  154  and  1884,  ch.  233.  B.  & O.  R.  R.  Co. 

V.  Smith,  Daily  Record,  March  27,  1890. 


**Bond  of  Clerk  of  Court  is  liable  for  Salaries  of  his  deputies.  State 
use  of  Smith  v.  Turner,  101  Md.  584. 


284 


MISCELI.ANKOUS  LOCAL  LAWS. 


after  he  has  received  his  commission,  or  shall  fail  to  give 
a new  bond  within  thirty  days  after  the  expiration  of  two 
years  from  the  date  of  the  bond  previously  given,  it  shall 
be  regarded  as  a misdemeanor  in  office,  and  upon  conviction 
thereof  he  shall  be  removed.** 

Dowling  V.  Smith,  9 Md.  242. 


P.  G.  L.,  (1860)  Art.  18,  Sec.  70.  P.  L.  L.,  (1888)  Art.  4,  Sec.  217. 

Sureties  upon.  30  (Jeputy  or  assistant  of  a clerk  shall  become  a 

surety  on  his  official  bond. 


1864,  ch.  74.  1864,  ch.  385.  P.  L.  L.,  (1888)  Art.  4,  Sec.  218. 

362.  The  Clerks  of  the  Superior  Court  of  Baltimore 
City,  of  the  Common  Pleas,  and  Baltimore  City  Court  are 
of  judg-  each  authorized  and  required  to  prepare  an  index  of  all 
judgments  rendered  in  the  courts  aforesaid  ; and  they  shall 
severally,  on  each  day  after  the  adjournment  of  court, 
enter  in  a book  to  be  provided  for  that  purpose,  an  index 
of  each  judgment  rendered  in  the  court  whereof  he  is 
clerk ; and  they  are  authorized  severally  to  charge  and 
receive  ten  cents  for  each  judgment  indexed  as  aforesaid  ; 
said  fee  to  be  taxed  in  the  bill  of  costs  of  each  case  in 
which  judgment  is  entered— to  be  collected  as  other  fees 
are  now  collected. 


P.  G.  L.,  (1860)  Art.  18,  Sec.  73.  P.  L.  D.,  (1888)  Art.  4,  Sec.  218. 

363.  All  the  provisions  of  sections  61-66  inclusive  of  Art- 
icle 17  of  the  Code  of  Public  General  Laws,  title  “Clerks  of 
Courts,’’  sub-title  “Clerks  of  the  Circuit  Courts,”  relating 
to  the  obtaining  of  blank  licenses,  granting  the  same  and 
returning  an  account  thereof  to  the  Comptroller  by  the 
clerks  of  the  circuit  courts  for  the  counties,  shall  apply  to 
the  Clerk  of  the  Court  of  Common  Pleas,  and  it  shall  be 
his  duty  to  comply  with  such  provisions. 


**Note. — See  note  to  Sec.  54,  Art.  XIV,  page  210,  Baltimore  City 
Local  Code  (1879). 


CLERKS  OF  THE  LAW  COURTS  OF  BALTIMORE. 


285 


1890,  ch.  630.  P.  L.  L.,  (1888)  Art.  4,  Sec.  218A.  1896,  ch.  435. 

364.  The  Clerk  of  the  Superior  Court  of  Baltimore^ 

. Certain  records 

City  is  authorized  and  empowered  to  have  fair  and  legible  to  be  copied, 
copies  made  of  such  land  record  books  in  his  custody  of 
the  classes  and  description  hereinafter  named,  as  have  be- 
come worn,  mutilated  or  illegible,  that  is  to’  say,  fifty-six 
volumes  of  the  said  land  record  books,  of  a date  prior  to 
the  year  eighteen  hundred  ; five  volumes  of  the  series  of 
land  record  books  known  as  ‘ ‘W.  G.  ^ ’ and  eight  volumes  of 
the  said  land  record  books,  of  the  series  known  as  “E.  D.’’ 


1898.  ch.  146. 

§364a.  It  shall  be  the  duty  of  the  Clerk  of  the  Superior 
Court  of  Baltimore  City,  as  soon  as  practicable  after  the  pJe^ne^w^i 
passage  of  this  Act,  to  make  and  prepare  for  use  in  his 
office  new  indexes  of  all  land  records  and  conveyances  in 
his  keeping  between  the  years  1864  and  1886,  and  rearrange 
them  in  accordance  with  the  modern  system,  as  now  used 
in  his  office  for  the  current  work. 


1902,  ch.  189. 

§364b.  The  Clerk  of  the  Superior  Court  of  Baltimore 
City  is  hereby  authorized  to  prepare  a set  of  indexes,  upon  i^and  indexes 
the  block  system,  or  general  index  plan,  now  in  use  in  his  b?p~ripared. 
office,  as  may  appear  to  be  most  practicable,  for  the  land 
records  covering  the  period  between  the  years  1851  and  1888. 


1890.  ch.  630.  P.  L.  L.,  (1888)  Art.  4,  Sec.  218B. 

365.  A copy  made  in  pursuance  of  the  provisions  of 
the  preceding  sections,  and  compared  and  certified  under  copies  to  be 
oath  by  the  said  Clerk  of  the  Superior  Court  of  Baltimore 
City,  to  be  a true  copy,  shall  have  the  same  force  and 
effect  when  deposited  among  the  said  land  records  of  said 
City,  as  if  it  were  an  original  record. 


286 


MISCELI.ANEOUS  EOCAE  EAWS. 


Record  books 
to  be  kept. 


Bond  of. 


Renewal  of. 


Bond  of. 


1890,  ch.  630.  P.  E.  E.,  (1888)  Art.  4,  Sec.  218C. 

366.  After  the  aforesaid  copies  shall  have  been  duly 
made  as  above  provided,  the  original  land  record  books  so 
replaced  shall  be  removed  to  some  place  of  safe  keeping 
by  the  said  Clerk  of  the  Superior  Court  of  Baltimore  City, 
and  carefully  preserved,  and  only  exhibited  or  allowed  to 
be  inspected  upon  an  order  of  court,  or  in  the  discretion  of 
the  said  Clerk  of  the  Superior  Court  of  Baltimore  City. 


Clerk  of  the  Criminal  Court  of  Baltimore. 

P.  G.  L.,  (1860)  Art.  18,  Sec.  74.  P.  E.  E.,  (1888)  Art.  4,  Sec.  219. 

367.  The  Clerk  of  the  Criminal  Court  of  Baltimore 
shall  give  bond  to  the  State  of  Maryland  in  the  penalty  of 
fourteen  thousand  dollars,  with  sufficient  security,  to  be 
approved  by  the  Judge  of  said  court;  and  conditioned  for 
the  faithful  performance  of  all  the  duties  now  required,  or 
which  may  hereafter  be  required  of  him  by  law,  and  to  be 
recorded  in  the  office  of  said  clerk. 


P.  G.  E.,  (I860)  Art  18,  Sec.  75.  P.  E.  E.,  (1888)  Art.  4,  Sec.  220. 

368.  The  said  clerk  shall  renew  said  bond  at  the  same 
time  and  under  the  same  penalty  as  are  prescribed  for  the 
clerks  of  the  Circuit  Courts. 


Clerk  of  the  Circuit  Court  of  Baltimore  City,  and  of  the 
Circuit  Court  Number  Two  of  Baltimore  City. 

P.  G.  E.,  (I860)  Art.  18,  Sec.  76.  1888,  ch.  194.  P.  E.  E.,  (1888) 

Art.  4,  Sec.  221. 

369.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City, 
and  of  the  Circuit  Court  Number  Two  of  Baltimore  City, 
shall  respectively  enter  into  bond  to  the  State  in  the 
penalty  of  twenty  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  his  duties,  with  security  to  be 
approved  by  the  Judge  of  said  courts. 


SALARIES  OF  CLERKS  OF  COURTS. 


287 


Salaries  of  Clerks  of  Courts, 

1868,  ch.  54.  P.  L.  E.,  (1888)  Art.  4,  Sec.  222. 

370.  Whenever  the  fees  or  other  compensation  of  any  cierks>  salaries 

payable  out 

‘of  the  clerks  of  the  courts  of  Baltimore  City  shall,  after  of  fees;  pro- 

vision  when 

the  payment  of  all  necessary  expenses,  fail  to  pay  such 
officers  the  salary  provided  for  by  the  Constitution,  and 
any  of  said  clerks  shall,  under  section  1st.  Article  15,  of 
the  Constitution,  have  paid  to  the  State  any  sum  of  money 
as  excess,  after  retaining*  his  salary,  such  excess  is  appro- 
priated to  the  payment  of  the  salary  so  in  arrear  until  each 
of  said  clerks  shall  have  received  the  full  amount  thereof; 
and  it  shall  be  the  duty  of  the  Comptroller  of  the  State  to 
draw  a warrant  upon  the  State  Treasurer  for  the  payment 
of  said  arrears  out  of  the  said  excess,  not  to  exceed  the 
whole  amount  so  in  arrears,  and  not  to  exceed  the  whole 
amount  of  said  excess  paid  into  the  treasury  of  the  State. 


1896,  ch.  438. 

371.  The  Comptroller  of  the  State  of  Maryland  be  and 
he  is  hereby  directed  to  draw  a warrant  upon  the  State  ® cieX 
Treasurer  for  the  payment  of  the  sum  of  twenty-five  hun- 
dred  dollars  per  annum  in  each  and  every  year,  in  quarterly 
instalments  of  six  hundred  and  twenty-five  dollars  at  the 
end  of  each  and  every  quarter,  for  the  compensation  of 
the  trust  clerk  designated  by  the  Supreme  Bench  of  Balti- 
more City  in  the  offices  of  the  Circuit  Court  of  Baltimore 
City  and  Circuit  Court  No.  2 of  Baltimore  City,  for  the 
supervision  of  the  trust  estates  in  said  courts,  payment  of 
said  salary  to  be  made  out  of  any  money  paid  by  the  clerks 
of  the  several  courts  of  Baltimore  City  unto  the  State 
Treasury,  and  on  the  certificate  of  some  one  of  the  judges 
of  the  Supreme  Bench  of  Baltimore  City  that  such  trust 
clerk  has  performed  his  duties  for  the  time  so  certified  by 
said  judge. 


288 


MISCEI.I.ANKOUS  EOCAL  LAWS. 


Criers  and  bail- 
iff, how 
paid. 


Salaries  of 
criers. 


Salaries  of  bail- 
iffs. 


Criers,  Bailiffs,  Watchmen  and  Stenographers. 

P.  L.  L.,  (I860)  Art.  4,  Sec.  134.  1888,  ch.  194.  P.  L.  L.,  (1888) 

Art.  4,  Sec.  223. 

372.  The  Clerks  of  the  Circuit  Court,  Circuit  Court 
Number  Two,  the  Criminal  Court,  the  Court  of  Common 
Pleas,  the  City  Court  and  the  Superior  Court  of  Baltimore 
City  shall  severally,  at  the  end  of  every  month,  certify  to 
the  Mayor  and  Register  of  the  City  the  amount  due  the 
several  bailiffs  and  criers  of  their  respective  courts,  and 
the  Mayor  and  Register  shall  pay  them  accordingly. 


1864,  ch.  113.  P.  L.  L.,  (1888)  Art.  4,  Sec.  224. 

373.  The  City  Register  shall  pay  to  the  crier  of  the 
Superior  Court  of  Baltimore  City,  the  crier  of  the  Baltimore 
City  Court,  and  the  crier  of  the  Court  of  Common  Pleas  of 
Baltimore  City  the  sum  of  fifteen  hundred  dollars  per 
annum,  in  monthly  instalments  of  one  hundred  and  twenty- 
five  dollars  at  the  end  of  each  and  every  month,  as  and 
for  their  respective  salaries,  on  the  certificates  of  said 
clerks  of  the  said  courts  that  said  criers  have  performed 
their  several  duties  as  criers  of  said  courts  for  the  time  so 
certified  by  said  clerks. 


1870,  ch.  94.  1888,  ch.  194.  P.  L.  L.,  (1888)  Art.  4,  Sec.  225. 

374.  The  City  Register  shall  pay  to  the  bailiffs,  re- 
spectively, of  the  Superior  Court  of  Baltimore  City,  of  the 
Court  or  Common  Pleas  of  Baltimore  City,  of  the  Baltimore 
City  Court,  of  the  Circuit  Court  of  Baltimore  City,  of  the 
Circuit  Court  Number  Two  of  Baltimore  City  and  of  the 
Criminal  Court  of  Baltimore  City  the  sum  of  fifteen  hundred 
dollars  per  annum,  as  and  for  their  respective  salaries,  at 
the  same  time  and  in  the  same  manner  as  is  provided  in 
the  preceding  section  for  the  payment  of  the  salaries  of 
the  crier  of  the  Superior  Court,  the  crier  of  the  Baltimore 
City  Court  and  the  crier  of  the  Court  of  Common  Pleas  of 
Baltimore  City. 


CRIERS,  BAIEIFFS,  WATCHMEN  AND  STENOGRAPHERS.  289 

1872,  ch.  87.  1888,  ch.  194.  P.  L.  E.,  (1888)  Art.  4,  Sec.  226. 

375.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City 
and  the  Clerk  of  the  Circuit  Court  Number  Two 
Baltimore  City  are  respectively  authorized  and  empowered 
to  appoint  a night  watchman,  whose  duty  shall  be  to  strictly 
and  vigilantly  guard  throughout  the  year,  between  the 
hours  of  six  P.  M.  and  seven  A.  M.,  the  records  and 
papers  desposited  in  their  respective  offices,  and  who 
shall  be  removed  in  the  discretion  of  the  said  clerks, 
respectively,  for  neglect  or  carelessness  in  the  discharge 
of  his  duties,  or  for  other  good  and  sufficient  cause. 


1872,  ch.  87.  1888,  ch.  194.  P.  L.  E.,  (1888)  Art.  4,  See.  227. 

376.  The  City  Register  shall  pay  to  the  said  watchman 
the  sum  of  nine  hundred  dollars  per  annum,  as  and  forp^yof. 
their  respective  salaries,  in  the  same  manner  as  is  pro- 
vided for  the  payment  of  the  salaries  of  the  bailiffs  of  the 
Courts. 


1878,  ch.  479.  P.  E.  E.,  (1888)  Art.  4,  See.  228. 

377.  The  Clerk  of  the  Court  of  Common  Pleas  in  Balti- 
more City  is  authorized  and  empowered  to  appoint  a night  ^ight  watch- 
watchman,  whose  duty  it  shall  be  to  strictly  and  vigilantly 
guard,  throughout  the  year,  the  records  and  papers  de- 
posited  in  the  office  of  the  Clerk  of  the  Court  of  Common 
Pleas,  and  who  shall  be  removed,  in  the  discretion  of  the 
said  clerk,  for  neglect  or  carelessness  in  the  discharge  of 
his  duties,  or  for  other  good  and  sufficient  cause. 


1878,  ch.  479.  P.  E.  E.,  (1888)  Art.  4,  Sec.  229. 

378.  The  City  Register  shall  pay  to  the  said  watchman 
the  sum  of  eighty-three  dollars  and  thirty-three  cents  per 
month,  as  and  for  his  salary,  in  the  same  manner  as  is 
provided  for  the  payment  of  the  salaries  of  the  bailiffs  of 
the  courts. 


290 


MISCEI.I.ANEOUS  EOCAE  EAWS. 


Court  stenog- 
raphers. 


Salaries, 


Qualifications, 
term  of  office, 
duties. 


Judge,  if  notes 
are  neces- 
sary, may 
tax  same  in 
bill  of  costs. 


1867,  ch.  373.  1892,  ch.  122.  P.  E.  E.,  (1888)  Art  4,  Sec.  230. 

379.  The  Judges  of  the  Supreme  Bench  of  Baltimore 
City  are  authorized  and  directed  to  appoint  from  time  to 
time  as  many  court  stenographers,  not  exceeding  in  num- 
ber altogether  the  number  of  said  judges,  as  shall  in  their 
discretion  be  required  for  the  services  of  the  several  courts 
of  Baltimore  City,  who  shall  be  sworn  officers  of  the  court, 
and  shall  each  be  paid  a salary  of  fifteen  hundred  dollars 
per  annum,  when  such  stenographers  shall  be  required  to 
attend  the  courts  regularly,  or  ten  dollars  per  diem  for  each 
day  of  actual  employment,  when  he  shall  be  appointed  to 
attend  only  when  his  service  shall  be  specially  required  by 
the  judge ; said  salaries  to  be  paid  in  like  manner  as  the 
salaries  of  the  other  officers  of  the  courts  are  now  paid  as 
prescribed  in  section  372  of  this  sub-divison. 


1867,  ch.  373.  P.  E.  L.,  (1888)  Art.  4,  Sec.  231.  1892,  ch.  122. 

380.  Each  of  the  stenographers  so  appointed  shall  be 
skilled  in  the  practice  of  his  art,  and  shall  hold  his  position 
during  the  pleasure  of  the  Supreme  Bench.  It  shall  be  his 
duty,  under  the  direction  of  the  judge  of  the  court  to  which 
he  may  be  assigned  for  the  time  being,  to  take  full  sten- 
ographic notes  of  all  oral  testimony  and  judicial  opinions 
orally  delivered  in  every  judicial  proceeding  ; and  it  shall 
be  his  duty  to  furnish  to  any  party  to  such  proceeding, 
upon  request,  a typewritten  copy  of  the  notes  of  testimony 
and  judicial  opinions  so  taken  by  him,  or  of  such  part 
thereof  as  may  be  required,  on  payment  by  such  party  of 
the  expenses  of  such  copy,  at  such  rates  as  shall  be  fixed 
by  rule  of  court  at  the  time.  Whenever  any  judge  shall  be 
satisfied  that  a copy  of  all  or  any  part  of  the  stenographic 
notes  of  testimony  or  judicial  opinions,  taken  during  any 
judicial  proceeding  at  which  he  presided,  is  necessary  for 
the  purpose  of  justice,  he  shall  under  such  rules  as  shall  be 
prescribed  by  the  Supreme  Bench,  pass  an  order  that  the 
expense  of  making  a copy  of  such  part  of  said  stenographic 
notes  as  he  shall  specify  in  said  order  shall  be  deemed  a 
necessary  disbursement  of  the  proceeding,  and  allowed  as 


CkiERS,  BAILIFFS,  WATCHMEN  AND  STENOGRAPHERS. 


291 


such  to  the  prevailing  party,  and  it  shall  be  so  taxed  in  the 
bill  of  cost,  but  shall  be  paid  in  the  first  instance  as  shall 
be  directed  in  said  order. 


1867,  ch.  373.  P.  L.  L.,  (1888)  Art.  4,  Sec.  232. 

381.  The  Judges  of  the  Orphans’  Court  of  the  City  of  stenographer ; 
Baltimore  are  authorized  and  directed  to  appoint  a sten-  Court.^ 
ographer  for  that  court,  who  shall  be  a sworn  officer  of  the 
court,  but  shall  be  required  to  attend  the  sessions  of  such 
court  only  when  specially  summoned  by  the  presiding  judge 
thereof.  The  stenographer  so  appointed  shall  be  skilled  in 
the  practice  of  his  art,  and  shall  hold  his  position  so  long 
as  he  efficiently  discharges  the  duties  of  his  office.  In  any 
proceeding  in  said  court  in  which  either  party  shall  give  ^ proceedings 
notice  that  in  the  event  of  a decision  of  said  court  adverse  taken;  duties, 
to  the  claim  of  such  party,  an  appeal  will  be  taken  to  the 
Court  of  Appeals,  the  presiding  judge  of  the  court  shall 
require  the  attendance  of  the  stenographer,  whose  duty  it 
shall  be  in  such  proceedings  to  take  full  stenographic  notes 
of  all  oral  proofs  and  judicial  opinions  orally  delivered  ; and 
in  case  appeal  shall  be  taken  from  the  decision  of  the  court, 
such  notes  shall  be  transcribed,  and  after  being  signed  by 
the  witnesses,  deponents  or  affiants,  shall  become  a por- 
tion of  the  record  of  the  case,  to  be  transmitted  by  the 
judges  of  the  court  to  the  Court  of  Appeals.  By  consent  of 
the  parties  to  the  proceedings  in  which  such  proofs  shall  be 
taken,  and  of  the  judges  of  said  court,  the  signing  of  such 
record  of  proof  by  the  witness,  deponent  or  affiant,  may  be 
waived;  in  which  case  such  record,  after  being  authenticated 
by  the  certificate  of  said  stenographer,  or  of  the  presiding 
judge  of  the  court,  shall  be  deemed  to  be  the  record  of  any 
proofs  or  proceedings  so  taken.  The  stenographer  shall  re-  compensation, 
ceive  as  compensation  for  his  services  the  sum  of  eight  dollars 
for  each  day  of  actual  attendance  at  the  court,  by  direction 
of  the  presiding  judge  thereof,  which  sum  the  presiding 
judge  shall  cause  to  be  paid  equally  by  the  respective 
parties  to  the  proceeding  in  which  the  notes  shall  be  taken, 
and  shall  enforce  payment  thereof ; and  if  the  notes  so 


292 


MISCKIvIvANEOUS  EOCAL  LAWS. 


Stenographer’ 

assistant. 


Per  diem  of. 


Officers’  fees. 


What  fees 
sheriff  may 
collect. 


taken  shall  be  transcribed,  as  hereinbefore  provided,  the 
expense  of  such  transcriptions,  at  the  rate  of  ten  cents  for 
each  one  hundred  words  so  transcribed,  shall  be  taxed  in 
the  bill  of  costs  of  the  proceedings  to  the  party  appellant, 
and  shall  thereafter  be  awarded  as  costs  by  the  Court  of 
Appeals,  in  accordance  with  the  provisions  of  the  Code  of 
Public  General  Laws. 

Cannon  v.  Crook,  32  Md.  483.  Denison  v.  Denison,  35  Md.  370. 


1867,  ch.  373.  P.  D.  L.,  (1888)  Art.  4,  Sec.  233. 

382.  The  stenographer  in  each  of  the  courts  herein- 
s before  named  may  appoint  an  assistant  stenographer,  who 
shall  also  be  a sworn  officer  of  the  court,  to  assist  him  in 
the  discharge  of  his  duties ; provided  that  no  additional 
compensation  shall  be  paid  or  expense  incurred  by  reason 
of  such  appointment. 


Sheriff. 

1874,  ch.  300.  P.  D E.,  (3888)  Art.  4,  Sec.  234. 

383.  The  Sheriff  of  Baltimore  City  shall  be  allowed 
four  dollars  per  day  for  every  day  he  shall  attend,  either 
in  person  or  by  deputy,  in  the  Superior  Court  of  Baltimore 
City,  and  in  the  Court  of  Common  Pleas,  and  in  the  Balti- 
more City  Court,  and  in  the  Criminal  Court  of  Baltimore, 
to  be  paid  to  him  out  of  the  money  received  as  fees  or  fines 
in  the  Sheriff’s  office,  belonging  to  the  State. 


1861,  ch.  55.  P.  E.  E.,  (1888)  Art.  4,  Sec.  235.  j 

384.  Any  officer  may  send  out  his  fees  on  execution  at  : 
any  time  during  the  year.  < 


1861,  ch.  53.  P.  E.  E.,  (1888)  Art.  4,  Sec.  236. 

385.  The  Sheriff  shall  collect  the  fees  due  to  the  follow- 
ing officers,  which  may  be  placed  in  his  hands  for  collection. 


WITNESSES,  DOCKET  ENTRIES,  RECORDS. 


293 


namely  : attorneys,  clerks  of  all  the  courts,  commissioner  of 
the  land  office,  coroners,  criers,  registers  of  wills,  surveyors 
and  sheriffs. 


1861,  ch.  53.  P.  E.  L.,  (1888)  Art.  4,  Sec.  237. 

386.  The  Sheriff  may  distrain  or  execute  the  goods  and  Distraint  or  ex- 
chattels  of  any  person  against  whom  any  fees  are  placed 
in  his  hands  for  collection  ; provided,  he  has  sixty  days 
previously  delivered  to  such  person,  or  left  at  his  place  of 
abode,  an  account  of  such  fees. 


Witnesses,  Docket  Entries,  Records. 

1878,  ch.  28.  P.  E.  E.,  (1888)  Art.  4,  Sec.  238.  1898,  ch.  123. 

1900,  ch.  279. 

387.  Witnesses  attending  any  of  the  Courts  of  Balti- 
more City,  except  the  Criminal  Court  of  Baltimore,  shall  Allowance  of 
be  entitled  to  fifty  cents  a day,  and  in  the  Criminal  Court 
shall  not  be  entitled  to  said  allowance,  except  by  the 
express  order  of  the  Court,  and  only  in  such  cases  as  the 
Court  in  its  discretion  may  deem  proper.  But  any  of  the 
Courts  of  Baltimore  City  may,  in  its  discretion,  allow 
itinerant  charges  to  out-of-town  witnesses. 


1884,  ch.  23.  P.  E.  E.,  (1888)  Art.  4,  Sec.  239. 

388.  In  any  suit  now  pending,  or  hereafter  to  depend.  Docket  entries 
in  any  court  in  the  City  of  Baltimore,  wherein  a transcript  evidence!^^’ 
of  the  record  of  any  cause  in  any  other  court  in  the  City  of 
Baltimore  might  be  offered  in  evidence,  it  shall  be  sufficient 
to  produce  the  docket  entries  and  original  papers  and 
proceedings  in  said  last-mentioned  cause,  or  the  record 
book  in  which  the  same  have  been  recorded,  and  if 
required  by  law  to  be  recorded,  and  actually  recorded,  and 
offer  the  same  in  evidence ; and  the  same,  when  so 
produced  and  offered  in  evidence,  shall  have  the  same 
effect,  to  all  intents  and  purposes,  as  a transcript  of  the 


294 


miscellaneous  local  laws. 


record  thereof,  under  the  seal  of  the  court  wherein  the 
^^?mfmay°be  sume  are  ; and  such  production  may  be  had  by  any  party 
had  at  trial,  -j-q  ^ upon  a suhpwua  duces  tecum  issued  to  the  clerk 
of  the  court  wherein  such  docket  entries,  original  papers 
and  proceedings  may  be. 

Kil bourn  v.  Goldsmith,  46  Md.  289. 


Costs. 

1882,  ch.  354.  P.  L.  L.,  (1860)  Art.  4,  Sec.  159>^. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  240. 

costejn  cases  389.  In  all  actions  at  law  for  wrongs,  independent  of 
contracts,  in  any  of  the  courts  of  Baltimore  City,  where 
the  verdict  or  inquisition  of  damages  after  default  made 
shall  be  for  a sum  less  than  fifty  dollars,  the  costs  shall  be 
adjudged  to  the  defendant,  unless  the  Court  shall  other- 
wise determine ; but  the  Court,  before  allowing  costs  to 
the  plaintiff  in  such  case,  shall  be  satisfied  that  he  had 
good  reason  for  not  bringing  suit  before  a Justice  of  the 
Peace  ; and  in  all  cases  of  appeals  whatsoever  from  judg- 
ments of  Justices  of  the  Peace  in  Baltimore  City,  costs  shall 
be  allowed  to  plaintiff  or  defendant,  in  the  discretion 
Proviso.  of  the  Court ; provided,  that  in  all  cases  involving  the  title 
to  real  estate,  wherein  the  verdict  or  judgment  is  for  the 
plaintiff,  he  shall  be  allowed  his  costs.  * 

Repp  V.  Berger,  60  Md.  1. 


390.  Repealed  by  Act  1902,  ch.  496. 

391.  Repealed  by  Act  1902,  ch.  496. 


*Note. — Costs.  As  to  allowance  for  costs  of  depositions  rendered 
unnecessary  by  the  appearance  of  party  at  trial,  see, 

Dorsey  v.  Heinzerling,  Dail}^  Record,  October  18,  1897. 

A rtile  security  for  costs  will  not  be  laid  against  a non-resident  legal 
defendant  when  there  is  a resident  equitable  defendant  liable  for  such 
costs  under  the  statute. 

Kellog  V.  Bokee,  Daily  Record,  December  7,  1898. 

As  to  attach77ient  for  costs,  see,  Matthews  v.  Davidson,  Daily  Record, 
June  17,  1891. 


DEAF,  DUMB  AND  BLIND. 


295 


392.  Repealed  by  Act  1902,  ch.  496. 

393.  Repealed  by  Act  1902,  ch.  496. 

394.  Repealed  by  Act  1902,  ch.  496. 


DEAF,  DUMB  AND  BLIND. 

P.  G.  L.,  (1860)  Art.  33,  Sec.  1.  P.  L.  L.,  (1888)  Art.  4,  Sec.  246. 

395.  It  shall  be  the  duty  of  the  Mayor  and  City  Council  city  to  certify 
of  Baltimore,  on  the  application  of  any  parent,  guardian  or 
next  friend  (provided  such  parent,  guardian  or  next  friend 
has  been  a hona  fide  citizen  of  this  state  for  at  least  two 
years  previous  to  such  application)  of  any  deaf  and  dumb 
person  of  teachable  age  and  capacity,  not  exceeding  the 
age  of  twenty-one  years,  to  inquire  into  the  age  and 
capacity  of  said  deaf  and  dumb  person,  and  also  into  the 
ability  of  such  person,  his  or  her  parent  or  guardian,  to 
pay  the  expense  of  his  or  her  education  ; and  if  satisfied 
by  evidence  produced  that  such  person  is  of  teachable  age, 
and  is  endowed  with  capacity  to  receive  instruction,  and 
that  neither  person,  or  his  or  her  parents  or  guardian  is 
possessed  of  means  to  pay  for  such  instruction,  then  it 
shall  be  the  further  duty  of  the  Mayor  and  City  Council  of 
Baltimore  aforesaid  to  certify  the  same  to  the  Governor  of 
this  State. 


P.  G.  L.,  (1860)  Art.  33,  Sec.  2.  1865,  ch.*68.  1870,  ch.  478. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  247. 

396.  On  receiving  the  certificate  of  the  Mayor  and  City  Duty  of  cover- 
Council  of  Baltimore  as  aforesaid,  it  shall  be  the  duty  of  ceiving  certi- 
the  Governor  to  authorize  the  instruction  of  said  deaf  and 
dumb  person  in  the  Maryland  Institute  for  the  Education  of 
the  Deaf  and  Dumb,  located  at  Frederick,  for  a term  not  ex- 
ceeding seven  years  ; and  it  shall  be  the  further  duty  of  the 
Governor,  on  the  certificate  of  the  President  of  said  institu- 
tion that  such  deaf  and  dumb  person  has  been  taught  at  said 
institution,  to  order  the  Comptroller  of  the  Treasury  to 


to  Governor 
of  fitness  of 
applicant  to 
receive  in- 
struction. 


296 


MISCKLLANKOUS  LOCAI.  I.AWS. 


Regulations  in 
regard  to  ap- 
plications 
and  expense 
of  instruc- 
tion. 


Appropriation 
for  instruc- 
tion. 


Requisites  of 
recommen- 
dation. 


draw  his  warrant  on  the  Treasurer  of  the  State  for  two 
hundred  dollars  per  annum  for  each  deaf  and  dumb  person 
taught  in  pursuance  of  his  authority  at  said  institution, 
payable  to  the  president  thereof,  in  quarterly  payments, 
on  the  first  days  of  January,  April,  July  and  October  in 
each  year ; and  the  Governor  shall  also  order  the  Comp- 
troller of  the  Treasury  to  draw  on  the  State  Treasurer 
his  warrant,  payable  to  the  proper  party,  for  the  expenses 
necessarily  incurred  in  transporting  and  returning  said 
deaf  and  dumb  person  ; provided,  that  the  whole  amount 
drawn  from  the  treasury  for  the  purposes  aforesaid  shall 
not  exceed  seven  thousand  five  hundred  dollars  in  any  one 
year  ; provided,  further  that  the  Governor  shall  dispose  of 
applications  in  behalf  of  deaf  and  dumb  persons,  under 
the  provisions  of  this  sub-division  of  this  Article,  in  the 
order  in  which  they  may  be  made  ; and  if  the  applications 
be  more  than  sufficient  to  absorb  the  aforegoing  appropri- 
ation, he  shall  suspend  the  action  upon  the  excess  until 
vacancies  occur,  or  further  provision  be  made  by  the 
General  Assembly. 


P.  G.  L.,  (1860)  Art.  33,  Sec.  3.  1858,  ch.  205.  1886,  ch.  278. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  248. 

397.  A sum  not  exceeding  twenty-one  thousand  dollars 
shall  be  and  is  hereby  annually  appropriated,  to  be 
applied,  under  the  direction  of  the  Governor,  in  placing 
for  instruction  in  the  Maryland  Institute  for  the  Instruction 
of  the  Blind,  such  indigent  blind  persons  of  the  age  of 
nine  years  and  upwards,  inhabitants  of  this  State  and  the 
county  or  City  from  which  they  are  recommended,  to  the 
Governor  by  the  county  commissioners  of  each  county,  or 
the  judges  of  the  Orphans'  Court  of  Baltimore  City. 


P.  G.  Iv.,  (1860)  Art.  33,  Sec.  4.  P.  ly.  L.,  (1888)  Art.  4,  Sec.  249. 

398.  The  recommendation  shall  state  that  such  blind 
persons  are  in  such  indigent  circumstances  as  to  be  unable 
from  their  own  resources,  or  those  of  their  parents,  to 
obtain  instruction,  and  are  of  good  natural  capacity. 


DESTROYING  PROPERTY  MAEICIOUSEY. 


297 


1865,  ch.  75.  1886,  ch.  278.  P.  L.  L.,  (1888)  Art.  4,  Sec.  250. 

399.  The  amount  per  annum  paid  for  any  one  individual 
shall  not  exceed  the  sum  of  three  hundred  dollars,  nor  the  instruction, 
term  of  instruction  eight  years. 


P.  G.  L.,  (1860)  Art.  33,  Sec.  6.  P.  E,  L.,  (1888)  Art.  4,  Sec.  251. 

400.  The  Governor  shall  report  to  the  General  Assembly 

at  each  regular  session  thereof  the  amount  of  money  SerluIJde”!^ 
expended  by  him  in  pursuance  of  the  provisions  of  this 
sub-division  of  this  article  and  the  names,  ages  and  places 
of  residence  of  the  different  applicants. 

DESTROYING  PROPERTY  MALICIOUSLY. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  251  A.  1896,  ch.  270. 

401.  If  any  person  shall  maliciously  cut,  disfigure,  muti-  penalty  forma- 
late,  damage,  destroyer  otherwise  injure  any  goods,  wares,  structfon^S 
materials  or  merchandise  intended  to  be  manufactured, 

made  up  or  converted  into  garments,  wearing  apparel  or 
other  articles  of  merchandise,  and  belonging  to  any  other 
person,  or  shall  maliciously  cut,  disfigure  or  otherwise 
injure  any  garments,  wearing  apparel  or  other  articles  of 
merchandise  belonging  to  any  other  person,  or  shall  cause 
the  same  to  be  done,  or  shall  by  any  means  cause  or  incite 
any  person  to  do  the  same,  upon  conviction  thereof,  before 
any  tribunal  of  competent  jurisdiction,  he  shall  be  fined 
not  more  than  fifty  dollars,  or  to  be  sentenced  to  imprison- 
ment in  the  House  of  Correction  for  not  more  than  six 
months,  or  both  fined  and  imprisoned  in  the  discretion  of 
the  court. 


402-425.  Sections  402  to  425  both  inclusive,  repealed 
by  Act  1902,  ch.  296.* 


*Note. — This  act  (1902,  ch.  296)  repeals  the  Eocal  Eaw  upon  the  sub- 
ject of  Elections,  and  by  supplementing  Art.  33  of  the  Public  General 
Eaws  provides  for  elections  in  Baltimore  City. 


298 


MISCELIvANKOUS  EOCAE  EAWS. 


EXAMINING  ENGINEERS. 


1892,  ch.  448.  P.  E.  E.,  (1888)  Art.  4,  Sec.  297A. 


Governor  to 
appoint 
board  of,  bi- 
ennially. 


Oath. 


Bond. 


Office. 


Notice  when 
examina- 
tions are  to 
be  held. 


426.  The  Governor  shall  biennially  appoint,  in  and  for 
the  City  of  Baltimore,  two  engineers  who  have  had  not 
less  than  ten  years'  practical  experience  in  running  steam 
engines,  boilers  and  appliances  pertaining  to  stationary  or 
portable  engines,  and  who  have  been  residents  of  this 
State  for  not  less  than  five  years  next  preceding  the  date 
of  their  appointment,  who  shall  constitute  and  be  known 
as  the  ‘ ‘ Board  of  Examining  Engineers. ' ' The  parties  so 
appointed,  before  entering  on  their  duties,  shall  make  oath 
before  a Justice  of  the  Peace  that  they  will  faithfully  per- 
form the  duties  of  their  office  without  fear,  partiality  or 
favor ; and  that  they  will  not,  during  their  term  of  office, 
accept  any  money,  gift,  gratuity  or  consideration  from  any 
person,  and  shall  give  bond  to  be  approved  by  the  Comp- 
troller of  the  State,  in  the  sum  of  three  thousand  dollars 
each,  for  the  faithful  discharge  of  their  duties  ; and  before 
entering  on  said  discharge  of  their  said  duties,  the  said 
inspectors  shall  provide  themselves  with  an  office  in  a 
proper  location  in  the  City  of  Baltimore,  and  shall  give 
notice  by  publication  for  at  least  five  days  through  the  two 
daily  papers  having  the  largest  circulation  in  said  City,  of 
the  time  and  manner  in  which  they  will  make  the  examin- 
ations hereinafter  provided  for. 


1892,  ch.  448.  P.  E.  E.,  (1888)  Art.  4,  Sec.  297B. 

427.  The  said  board  shall  have  general  supervision  of 
all  stationary  engineers  within  the  City  of  Baltimore ; it 
shall  be  their  duty  to  examine  all  engineers  of  the  age  of 
twenty-one  years  or  upward,  who  shall  apply  to  them  for 
examination  ; and  to  give  all  parties  so  examined  a certifi- 
cate of  proficiency,  if  found  proficient,  and  to  refuse  to 
give  such  certificate  if  not  found  proficient ; and  the  parties 
so  receiving  such  certificate  shall  pay  to  said  board  the  sum 
of  three  dollars  for  each  certificate  so  issued,  and  for  all 
renewals  of  all  grades  the  sum  of  one  dollar  and  fifty  cents  ; 
said  certificates  shall  be  of  three  grades ; a certificate  of 


EXAMINING  ENGINEERS. 


299 


the  first  grade  will  permit  the  holder  thereof  to  take  charge 
of  any  plant  of  machinery  from  one  to  five  hundred  horse- 
power, and  the  third  grade  to  take  charge  of  any  plant  of 
machinery  from  one  to  thirty  horse-power;  and  the  said 
certificate  shall  run  for  the  term  of  one  year  and  shall  be 
renewed  annually,  the  term  of  beginning  of  said  certificate 
to  be  from  the  date  of  the  examination  of  the  respective 
applicant;  provided,  that  no  engineer  having  such  certificate 
shall  have  charge  of  more  than  one  plant  of  machinery  at 
the  same  time  unless  said  plant  be  of  the  same  company  and 
at  one  and  the  same  place  ; and  no  substitute  who  has  not 
been  examined  and  received  the  certificate  aforesaid  shall 
be  placed  in  charge  of  machinery  by  an  engineer  who  has.  ** 


1892,  ch.  448.  P.  L.  L.,  (1888)  Art.  4,  Sec.  297C. 

428.  All  persons  of  twenty-one  years  of  age  or  upward 
who,  after  the  adoption  of  this  Article,  shall  desire  to  fill  Engineers 

...  must  secure 

a position  as  a stationary  engineer,  must  make  application  certificates, 
to  the  “Board  of  Examining  Engineers’^  for  examination 
and  certificate  of  proficiency,  before  he  can  pursue  his 
avocation  as  such  engineer ; provided,  that  any  engineer 
employed  as  stationary  engineer  at  the  works  of  any  steam 
railway,  or  any  engineer  employed  as  such  with  any 
stationary  engine,  who  at  the  time  of  the  adoption  of  this 
Article  shall  have  been  employed  at  the  same  place  for  the  , , , , 

^ ^ Act  not  to  ap- 

term  of  six  months  or  more,  shall  not  be  required  to  apply  p’y  to  certain 
for  such  examination  and  certificate  ; but  whenever  such 
engineers  shall  remove  from  the  place  where  so  employed 
they  shall  be,  and  are  hereby  required  to  make  application 
for  examination  and  certificate  to  said  Board  of  examining 
Engineers  as  hereinbefore  provided  ; and  provided  further, 
that  the  provisions  of  this  section  shall  not  apply  to  persons 
running  engines  and  boilers  in  sparsely  settled  country 
places,  where  not  more  than  twenty  persons  are  engaged 

**Note. — upon  inspection  of  section  427,  supra,  it  will  be  observed  that 
while  provision  is  made  for  three  grades  of  certificates  for  stationary 
engineers,  the  privileges  conferred  upon  holders  of  the  second  grade 
are  not  mentioned. 


300 


MISCKIylvANKOUS  LOCAI.  I.AWS. 


Hearing  of 
charges 
against  engi- 
neer. 


Certificates. 


Penalty. 


When  board 
shall  meet. 


To  inspect 
steam  plants. 


in  work  about  such  engines  and  boilers,  nor  to  engineers 
running  country  saw  and  grist  mills,  threshing  machines 
and  other  machinery  of  a similar  character,  nor  to  marine 
engineers  engaged  in  steamboats,  ships  and  other  vessels 
run  by  steam,  nor  to  those  engaged  as  locomotive  engineers 
of  any  steam  railway  company.  And  in  the  event  of  any 
charge  being  made  to  said  board,  of  any  engineer  who  may 
hold  a certificate  from  them,  of  being  intoxicated,  while  in 
charge  of  an  engine  or  boiler,  or  of  the  neglect  of  duty  on 
the  part  of  such  engineer  or  engineers,  it  shall  be  the  duty 
of  said  board  to  immediately  hear  such  charge,  and  if 
sustained,  annul  such  certificate.  The  certificate  granted 
to  the  respective  applicants  must  be  framed  and  kept  in  a 
conspicuous  place  at  such  place  as  such  persons  may  be 
respectively  at  work.  Any  person  violating  the  pro- 
visions of  this  sub-division  of  this  Article  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  trial  and  conviction 
before  a Justice  of  the  Peace,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars,  one-half  of 
which  shall  be  paid  the  informer  and  the  balance  to  the 
State. 


1892,  ch.  448.  P.  Iv.  L.,  (1888)  Art.  4,  Sec.  297D. 

429.  Said  Board  of  Examining  Engineers  shall  meet  at 
their  office  in  the  City  of  Baltimore  for  the  purpose  of 
examining  applicants  at  least  once  in  every  week,  and  at  a 
specified  hour  and  day,  and  shall  sit  until  all  applicants 
shall  be  examined,  and  in  the  event  of  inability  to  examine 
all  the  applicants  on  the  regular  day  of  meeting,  they  shall 
continue  their  sessions  for  each  successive  day  until  the 
same  shall  be  completed.  They  shall  visit  and  inspect  the 
running  and  management  of  all  steam  plants  wherein  the 
engineers  are  required  to  be  examined  as  hereinbefore 
provided,  not  less  than  once  every  six  months,  and  in  the 
event  of  their  finding  on  such  examination  that  the  engi- 
neer or  engineers  in  charge  of  such  plant  or  machinery  are 
not  running  and  managing  the  same  with  proper  skill  and 
care,  they  shall  report  the  same  to  the  State  Board  of  Boiler 
Inspectors  for  their  action  ; and  said  Board  of  Examining 


EXAMINING  ENGINEERS. 


301 


Engineers  are  hereby  invested  with  power  and  authority  ^ spJctioL'^' 
to  enter  all  such  premises  and  make  the  examination  herein 
provided  for ; and  any  owner  of  any  such  premises  who 
shall  refuse  to  allow  them  to  enter  and  make  such 
examination  shall  be  deemed  guilty  of  a misdemeanor  and  ^h”nderhig 
be  punishable  upon  trial  and  conviction,  as  provided  in  the 
preceding  section. 

1892,  ch.  448.  P.  E.  E.,  (1888)  Art.  4,  Sec.  297E. 

430.  The  said  Board  of  Examining  Engineers  shall  its 
receive  an  annual  salary  of  fifteen  hundred  dollars  each, 

and  shall  have  power  to  employ  a clerk  or  secretary  at  a 

salary  not  exceeding  the  sum  of  one  thousand  dollars  per 

annum,  and  such  expense  shall  be  allowed  said  board  as 

shall  be  incurred  in  traveling  expense,  office  rent,  stationery 

and  printing,  and  for  which  they  shall  produce  to  the 

Comptroller  of  the  State  Treasury,  proper  vouchers ; 

provided,  however,  that  no  appropriation  shall  be  made  and 

no  moneys  paid  by  the  State  Treasurer  to  said  board 

for  or  on  account  of  said  salaries  and  expenses,  but  that 

the  same  shall  be  paid  to  them  by  and  from  the  fees 

received  for  the  examination  and  certificates  hereinbefore 

provided  for ; and  provided  further,  that  the  said  board 

shall  keep  a strict  account  of  all  fees  received  for  such  Accounts  toibe 

purposes,  and  quarterly,  under  oath  or  affirmation,  return 

such  statement  to  the  Comptroller  of  the  State  Treasury  ; 

and  whenever  the  amount  is  in  excess  of  the  salaries  and 

expenses  hereinbefore  provided  for  they  shall  forward  such 

excess  to  said  Comptroller,  and  they  shall  keep  a certificate 

book  with  the  certificates  therein  duly  numbered  and  of 

which  to  each  certificate  there  is  a corresponding  stub  to  be 

filled  in  to  correspond  in  all  respects  to  the  certificate 

issued,  and  subject  to  the  inspection  of  the  Comptroller, 

when  he  may  deem  the  same  necessary. 

FERRIES. 

1868,  ch.  187.  P.  E.  E.,  (1888)  Art.  4,  Sec.  298. 

431.  The  Broadway  and  Locust  Point  Steam  Ferry 
Company  of  Maryland  is  created  to  establish  a steam  ferry, 


302 


MISCEI^IvANEOUS  eocal  laws. 


® Lo?JIt^po^nt  suitable  to  transport  passengers,  goods,  wagons,  carriages, 
other  transportable  article,  across,  over 
and  within  the  harbor  of  Baltimore  ; and  the  said  corpora- 
tion is  made  capable  of  erecting  wharves,  buildings,  or 
any  other  contrivances  necessary  or  convenient  for  the 
conduct  of  the  business  of  the  ferry,  for  which  purpose  the 
said  corporation  is  authorized  to  purchase,  hold,  sell,  rent 
or  lease  land.  And  the  said  Company  is  authorized  and 
empowered  to  hold  and  use  as  a wharf  or  landing,  for  the 
use  of  said  ferry,  the  end  of  the  wharf  commonly 
known  as  the  County  wharf,  together  with  a right  of  way 
in  common  with  others,  through  the  centre  of  said  wharf, 
of  the  width  of  ten  feet,  as  a thoroughfare  for  travel  to  and 
from  the  end  of  said  wharf  ; and  all  the  remainder  of  the 
border  sides  and  surface  of  the  said  wharf,  except  the  end 
and  right  of  way  granted,  is  reserved  exclusively  for  the 
landing  of  such  fruits,  vegetables  and  other  agricultural 
products  as  may  be  brought  from  the  counties  to  the  City  of 
Baltimore,  for  sale  or  otherwise. 

Broadway  and  Locust  Point  Ferry  Co.  v.  Hankey,  31  Md.  346. 


1870,  ch.  436.  P.  L.  L.,  (I860)  Art.  4,  Sec.  299. 

Haubert  street  432.  The  said  corporation  is  authorized  and  empowered 
used'^exdu-  to  occupy  and  use  the  wharf  at  the  foot  of  Haubert  Street, 
in  the  City  of  Baltimore,  as  a wharf  or  landing  place  for 
the  ferry  boats  of  said  company,  in  exclusion  of  all  other 
steam  ferry  boats  plying  in  the  harbor  of  said  City. 


1870,  ch.  436.  P.  L.  L.,  (1888)  Art.  4,  Sec.  300. 

433.  It  shall  not  be  lawful  for  any  steam  ferry  boat, 
wha^f  at  foot  other  than  one  of  those  belonging  to  the  said  Broadway 
of  Broadway.  Locust  Point  Steam  Ferry  Company  of  Maryland,  to 
land  at  or  use  either  of  the  sides  or  the  end  of  said  wharf 
at  the  foot  of  Haubert  street,  nor  the  end  or  either  of  the 
sides  of  the  wharf  at  the  foot  of  Broadway,  mentioned  in 
section  431  of  this  Article  ; and  any  and  every  person  in 
charge,  control  or  command  of  any  steam  ferry  company, 
other  than  a boat  belonging  to  the  said  company,  who  shall 


FERRIES. 


303 


use  or  attempt  to  use  the  ends  or  either  of  the  sides  or  any 
part  of  the  wharves  mentioned,  for  a landing  place  or 
wharf  for  the  steam  ferry  boat  so  in  his  charge,  control 
or  command,  shall  each  be  subject  to,  and  shall  pay  a 
of  twenty-five  dollars  for  each  and  every  time  the  said  use. 
steam  ferry  boat  so  in  his  charge,  control  or  command  of 
such  person  shall  touch  at  either  of  the  wharves  aforesaid, 
which  fines  shall  be  enforceable  and  collectible  according 
to  law. 

Broadway,  etc.  Co.  v.  Hankey,  31  Md.  346. 

1870,  ch.  436.  P.  E.  E.,  (1888)  Art.  4,  Sec.  301. 

434.  The  said  company  is  authorized  to  erect  gates  and  ^ates  and 
ticket  houses  on  the  wharves  at  the  foot  of  Broadway  and  IjoSeV 
Haubert  street  in  said  City  of  Baltimore. 

1868,  ch.  187.  1870,  ch.  436.  P.  E.  E.,  (1888)  Art.  4,  Sec.  302. 

1902,  ch.  351. 

435.  The  said  corporation  shall  keep  and  run  on  their 
ferry  routes  two  good  and  substantial  steam  ferry  boats, 
staunch  and  seaworthy,  and  supplied  according  to  the  law 
in  such  cases  made  and  provided  ; and  the  said  corporation 

shall  so  manage  the  said  ferry  as  that  one  of  their  ferry  sW. 
boats  shall  leave  each  end  of  said  ferry  at  least  every  ten 
minutes  between  the  hours  of  six  o^clock  A.  M.  and  eight 
o^clock  P.  M.,  and  at  intervals  of  twenty-five  minutes  be- 
tween the  hours  of  eight  o^clock  P.  M.  and  twelve  o’clock 
midnight ; provided,  that  the  requirements  of  this  section 
shall  be  directory  only  and  not  mandatory  upon  said 
corporation  when  the  weather,  public  convenience  or 
traffic  justify  said  corporation  in  altering  said  requirements. 


1868,  ch.  187.  P.  E.  E.,  (1888)  Art.  4,  Sec.  303. 

436.  The  said  corporation  shall  not  charge  any  greater 
sums  than  are  contained  in  the  following  scale  of  prices, 
to  wit : F or  one  passenger,  five  cents ; for  one  horse,  mule  or 
ass,  and  rider  or  driver,  ten  cents  ; for  one  cow  and  driver, 
ten  cents  ; for  every  swine,  three  cents  ; for  every  sheep. 


304 


MISCELLANEOUS  LOCAL  LAWS. 


Who  shall  pass 
free. 


To  whom  to  be 
paid. 


two  cents ; for  every  calf,  two  cents ; for  every  heifer, 
three  cents  ; for  one  horse,  cart  and  driver,  fifteen  cents  ; 
for  two  horses,  cart  and  driver,  eighteen  cents  ; for  one 
horse,  wagon  and  driver,  fifteen  cents ; for  two  horses, 
wagon  and  driver,  eighteen  cents ; for  every  additional 
horse  to  those  above  enumerated,  harnessed  to  a wagon  or 
cart,  three  cents  ; for  every  two-seated  carriage  and  two 
horses,  fifteen  cents ; for  every  four-seated  carriage  and 
one  horse,  twelve  cents  ; for  every  four-seated  carriage 
and  two  horses,  twenty  cents ; for  every  additional  horse 
to  those  above  enumerated,  harnessed  to  a carriage,  five 
cents  ; for  one  lumber  wagon  and  one  horse  or  two  horses, 
twenty-five  cents. 


1868,  ch.  187.  P.  L.  L.,  (1888)  Art.  4,  Sec.  304. 

437.  Firemen  in  actual  discharge  of  their  duties, 
together  with  their  apparatus,  accoutrements  and  horses, 
police  officers  in  the  actual  discharge  of  their  duties,  and 
all  funerals,  shall  pass  free. 


FINES  AND  FORFEITURES. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  232.  P.  L.  L.,  (1888)  Art.  4,  Sec.  305. 

1892,  ch.  411. 

438.  One-half  of  all  fines  adjudged  by  and  accruing  in 
the  Criminal  Court  of  Baltimore,  when  secured  by  the 
Sheriff  of  Baltimore  City,  shall  be  paid  to  the  Mayor  and 
City  Council  of  Baltimore,  and  out  of  said  fines  the  judge 
of  said  court  may  order  and  direct  to  be  paid  to  the  State’s 
Attorney  of  said  City  such  additional  fees  in  cases  of 
extraordinary  duration  and  trouble,  as  he  may  deem  just 
and  reasonable,  but  this  section  shall  not  have  any  effect 
upon  the  rights  of  informers. 

Rawlings  v.  State,  2 Md.  20. 


1884,  ch.  119.  P.  L.  L.,  (1888)  Art.  4,  Sec.  306.  1894,  ch.  519. 

439.  The  Sheriff  of  Baltimore  City  shall,  on  or  before 
the  first  day  of  December  in  each  year,  divide  equally  all 


FINKS  AND  FORFEITURES. 


305 


fines  imposed  by  the  Criminal  Court  of  Baltimore  City  on  fiVis' 
persons  convicted  for  keeping  houses  of  ill-fame,  .among 
such  incorporated  dispensaries  of  said  City  as  shall  comply 
with  the  provisions  of  the  succeeding  section. 

Snowden  tj.  Baltimore  Dispensary',  60  Md.  85. 


1884,  ch  119.  P.  L.  L.,  (1888)  Art.  4,  Sec.  307. 

440.  Such  fines  shall  be  divided  equally  among  those  Di«j>en^s^anes 
incorporated  dispensaries  which  shall,  within  ten  days 
after  the  tenth  day  of  November  in  each  year  file  in  the 
office  of  the  Sheriff  of  Baltimore  City  separate  reports,  the  treated, 
truth  of  each  of  which  shall  be  sworn  to  by  one  of  the 
officers  of  the  dispensary  filing  the  same,  before  any  officer 
of  the  State  of  Maryland  authorized  by  law  to  administer 
oaths,  showing  that  in  the  year  preceding  such  tenth  day 
of  November,  the  said  dispensary  had  under  its  charge 
more  than  two  thousand  separate  persons  as  patients,  and 
that  its  said  dispensary  was  open  for  the  treatment  of 
disease  two  hours  daily,  and  for  the  free  distribution  of 
medicine  to  the  poor  six  hours  daily  on  each  week  day  and 
two  continuous  hours  on  each  Sunday  in  said  year. 


1884,  ch.  119.  P.  L.  h.,  (1888)  Art.  4,  Sec.  308. 

441.  In  case  said  fines  shall  not  be  claimed  by  any  such  unclaimed 
dispensary  in  the  manner  specified  in  the  two  preceding 
sections,  then  said  fines  shall  be  paid  by  the  Sheriff  to  the 
Mayor  and  City  Council  of  Baltimore. 


1884,  ch.  119.  P.  D.  D.,  (1888)  Art.  4,  Sec.  309. 

442.  The  said  Sheriff’s  official  bond  shall  be  responsi- Bond  of  sheriff 
ble  for  the  faithful  payment  of  said  money  as  hereinbefore 
provided,  and  shall  be  liable  for  any  default  in  any  duty 
herein  required  to  be  performed  by  him. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  234.  P.  L.  L.,  (1888)  Art.  4,  Sec.  310. 

443.  No  person  shall  hereafter  be  allowed  to  gi ve 

. „ » ^ ® fines;  ini- 

security  tor  the  payment  of  any  fine  and  costs  imposed  by  pnsonment 
the  Criminal  Court  of  Baltimore,  but  any  person  who  shall 


y 


306 


MISCELLANEOUS  LOCAL  LAWS. 


be  sentenced  by  the  court  to  the  payment  of  any  fine  and 
costs  shall  stand  committed  until  they  are  paid;  provided, 
that  if  such  fine  and  costs  are  less  than  ten  dollars,  the  person 
so  sentenced  shall  be  discharged  from  custody  at  the  end 
of  thirty  days  from  the  date  of  their  imposition,  if  no  im- 
*'^?rTsoSme“t  P^i^onmont  has  also  been  ordered  by  the  court,  or  at  the  end 
rr?not  paid  thirty  days  from  the  expiration  of  the  time  for  which 
’ said  person  shall  have  been  ordered  to  be  imprisoned,  upon 
sufficient  proof  shown  to  the  Court  that  the  person  im- 
prisoned is  unable  to  pay  the  said  fine  and  costs;  dindprovided 
also,  that  if  the  said  fine  and  costs  are  more  than  ten  and 
less  than  fifty  dollars,  the  person  so  imprisoned  shall  be  dis- 
charged from  custody  at  the  end  of  sixty  days  from  the 
imposition  thereof,  if  no  imprisonment  be  ordered  by  the 
court,  or  at  the  end  of  sixty  days  from  and  after  the  expira- 
tion of  the  time  for  which  said  person  has  been  ordered  to 
be  imprisoned,  on  proof  shown  of  his  inability  to  pay  said 
fine  and  costs ; and  provided,  also,  that  if  the  said  fine 
and  costs  exceed  the  sum  of  fifty  dollars,  the  person  so  im- 
prisoned shall  be  discharged  from  custody  at  the  end  of 
six  months  from  the  imposition  thereof,  or  from  the 
expiration  of  the  term  for  which  he  was  ordered  to  be  im- 
prisoned, on  proof  shown  of  his  inability  to  pay. 


1880,  ch.  211.  P.  L.  L.,  (1888)  Art.  4,  Sec.  311. 

i^efimdon  of  a 444.  When  any  fine  or  penalty  is  imposed  by  any  Act  of 
fence  within  Assembly  of  this  State,  or  by  any  ordinance  of  any  incor- 
toance^""  town  in  this  State,  enacted  in  pursuance  of 

sufficient  authority,  for  the  doing  of  any  act  forbidden 
to  be  done  by  such  Act  of  Assembly  or  ordinance,  or  for 
omitting  to  do  any  act  required  to  be  done  by  such  Act  of 
Assembly  or  ordinance,  the  doing  of  such  act,  or  the 
omission  to  do  such  act,  shall  be  deemed  to  be  a criminal 
offence  ; such  offence,  in  the  City  of  Baltimore,  shall  be 
of  offen- pj^osecuted  by  the  arrest  of  the  offender  for  such  offence, 
and  by  holding  him  to  appear  in  or  committing  him  for 


Note. — In  connection  with  fines,  see.  Day  v.  State,  7 Gill  322.  State 
V,  Mace,  5 Md.  337. 


FIRE — FIRE  DEPARTMENT. 


307 


trial  in  the  Criminal  Court  of  Baltimore,  at  the  Saturday 
sessions  of  said  court,  which  said  court  shall  have  jurisdic- 
tion in  the  said  cases,  and  shall  proceed  to  try  or  dispose 
of  the  same  in  the  same  manner  as  other  criminal  cases 
triable  at  the  Saturday  sessions  of  said  court  may  be  tried 
or  proceeded  with,  or  disposed  of,  or  such  offence  may  be 
prosecuted  by  indictment  in  such  court ; such  offences  in 
any  county  of  this  State  shall  be  prosecuted  by  the  arrest 
of  the  offender  for  such  offence,  and  by  holding  him  to 
bail  to  appear  in  or  committing  him  for  trial  in  the  Circuit 
Court  for  the  county  in  which  such  offence  was  committed, 
or  by  indictment  in  the  Circuit  Court  for  such  county  for 
such  offence.  If  any  person  shall  be  adjudged  guilty  of 
any  such  offence  by  any  court  having  jurisdiction  in  the 
premises,  he  shall  be  sentenced  to  the  fine  or  penalty  pre- 
scribed  by  such  Act  of  Assembly  or  ordinance,  and  to  the 
costs  of  his  prosecution,  and  in  default  of  payment  thereof 
he  shall  be  committed  to  jail  until  thence  discharged  by 
due  course  of  law  ; any  indictment  for  the  violation  of  any 
ordinance  of  any  incorporated  City  or  town  of  this  State 
may  conclude  ‘ ‘against  the  form  of  the  ordinance  in  such  ' 
case  made  and  provided,  and  against,  the  peace,  govern- 
ment and  dignity  of  the  State.’' 

*McCracken  v.  State,  71  Md.  155.  Dean  v.  State,  98  Md.  80. 


FIRE. 

Fire  Department. 

1888,  ch.  393.  P.  D.  D.,  (1888)  Art.  4,  Secs.  315,  315C. 

445.  The  Mayor  and  City  Council  of  Baltimore  is  city  to  appro- 
hereby  directed  to  appropriate  annually  such  sums  of  Fo”  p^en^k)^^ 
money  as  shall  be  sufficient  to  pay  the  pensions  of  such  nulteTS-e- 
members  of  the  Fire  Department  as  shall  heretofore  have 
been  put  upon  the  pension  roll,  and  as  shall  thereafter  be 
put  upon  said  pension  roll,  in  accordance  with  the  provis- 
ions of  this  Article  ; and  also  to  appropriate  such  sums  of 
money  as  may  be  sufficient  to  afford  relief  to  the  widows 
and  children  of  firemen  killed  in  the  discharge  of  duty. 


308 


MISCE:i.I.ANKOUS  I^OCAI,  I.AWS. 


Injury  to  appa- 
ratus; penal- 
ty. 


Assaulting-  fire- 
men; penal- 
ty. 


Must  be  in- 
stalled. and 
rung  in  case 
of  danger  of 
fire. 


Size  to  be 
designated 
by  Inspector 
of  Buildings. 


How  to  be  lo- 
cated and 
sounded. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  237.  P.  L.  P.,  (1888)  Art.  4,  Sec.  313. 

446.  Any  person  who  shall  wilfully  destroy  or  injure 
any  engine,  hose,  reel  or  other  apparatus  whatever  for  the 
extinguishment  of  fires,  belonging  to  any  company  in  the 
City  of  Baltimore,  or  to  the  said  City,  shall  be  guilty  of 
felony,  and  upon  conviction  thereof  shall  be  sentenced  to 
confinement  in  the  penitentiary  for  a period  not  less  than 
two  nor  more  than  five  years. 


P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  238.  P.  h.  L.,  (1888)  Art.  4,  Sec.  314. 

447.  Any  person  who  shall  assault,  beat  or  otherwise 
intentionally  hurt  or  injure  any  fireman  of  the  City  of 
Baltimore,  whilst  in  the  discharge  of  his  duties  as  fireman 
(except  in  self-defence),  shall,  upon  conviction  thereof,  be 
sentenced  to  imprisonment  in  Baltimore  City  Jail  for  a 
period  not  less  than  one  month,  and  the  payment  of  a fine 
of  not  less  than  ten  nor  more  than  one  hundred  dollars. 


Fire  Gongs  in  Hotels, 

1906,  ch.  180,  Sec.  1. 

§447a.  Any  building  or  buildings  now  used  as  hotels 
or  apartment  houses,  or  that  shall  hereafter  be  used  as 
such  shall  have  installed  in  said  building  or  buildings  large 
fire  gongs,  which  shall  be  rung  only  in  case  of  fire  or 
danger  of  fire,  so  as  to  notify  and  warn  the  occupants 
thereof. 


1906,  ch.  180,  Sec.  2. 

§447b.  The  gongs  provided  for  in  the  preceding  section 
shall  be  of  such  size  as  shall  be  designated  by  the  Inspector 
of  Buildings  of  Baltimore  City,  and  shall  be  placed  one  at 
each  stair  landing  and  one  at  each  end  of  every  corridor  or 
hall,  and  so  put  up,  arranged  and  connected  that  each 
gong  can  be  sounded  from  the  main  office. 


II,I.UMINATING  OILS  AND  FLUIDS. 


309 


1906,  ch.  180,  Sec.  3. 

§447c.  Any  owner,  agent,  lessee  or  manager  of  any 
building  or  buildings  used  or  occupied  as  a hotel  or  apart, 
ment  house,  that  shall  neglect  or  refuse  to  comply  with  the  ^ stall  gongs, 
provisions  of  this  Act  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  indictment  and  conviction  thereof  shall 
be  fined  not  less  than  $250  nor  more  than  $1,000,  for  each^^“^^‘^‘ 
offense. 


1906,  ch.  180,  Sec.  4. 

§447d.  The  provisions  of  this  Act  shall  not  apply  to  Proviso:^buiid- 
buildings  of  twelve  rooms  or  less.  empted. 


P.  L.  Iv.,  (1888)  Art.  4,  Sec.  315D.  1892,  ch.  345.  1900,  ch.  708. 

448.  The  Mayor  and  City  Council  of  Baltimore  is  hereby  Appropriations 
authorized  and  empowered  to  appropriate  annually  the  sum  Volunteer 
of  one  thousand  dollars,  payable  to  the  Veteran  Volunteer  Association. 
Firemen’s  Association  of  Baltimore  City,  for  the  rental  of 
a suitable  building  for  the  keeping  of  its  apparatus,  holding 
meetings,  paying  janitor,  and  for  fuel  and  other  necessary 
expenses  incident  to  said  association. 


Uluminating  Oils  and  Fluids. 

1874,  ch.  504.  P.  L.  L.,  (1888)  Art.  4,  Sec.  329. 

449.  All  oils  or  fluids  manufactured  from  petroleum  or  oii  fire  test, 
its  products,  used  for  illuminating  purposes  in  this  State, 
which  shall  be  manufactured  or  kept  for  sale  therein,  shall 
be  required  to  stand  a fire  test  of  one  hundred  and  ten 
degrees  Fahrenheit  before  it  shall  burn,  to  be  ascertained 
by  Tagliabue’s  coal  oil  tester,  or  some  other  instrument 
constructed  upon  the  same  principle. 


1874,  ch.  504.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  330. 

450.  Every  person  manufacturing  or  selling  illuminat-  stamp  on  bar- 
ing oils  or  fluids,  manufactured  from  petroleum  or  its 
products,  by  the  barrel,  shall  be  required  to  have  stamped 
upon  the  head  of  the  barrel  the  name  of  the  manufacturer 


310 


MISCELIvANEOUS  locae  eaws. 


thereof  and  his  place  of  business,  together  with  the  words 
‘ ‘warranted  to  stand  a fire  test  of  one  hundred  and  ten 
degrees  Fahrenheit  before  it  shall  burn/’ 

1874,  ch.  504.  P.  h.  h.,  (1888)  Art.  4,  Sec.  331. 

Unlawful  man-  451.  Whoever  manufactures  for  illuminating  purposes, 
sife  o7oi?as  ^r  sells  in  quantities  not  less  than  a barrel,  oils  or  fluids 
pln'Jfty.^^’  made  from  petroleum  or  its  products,  which  does  not  sus- 
tain the  fire  test  as  provided  in  Section  449,  shall  be 
deemed  guilty  of  a misdemeanor,  and  on  conviction 
thereof,  shall  be  fined  not  more  than  one  thousand  dollars, 
or  imprisoned  in  the  jail  or  penitentiary  not  more  than  two 
years,  in  the  discretion  of  the  court.  Whoever  sells  in 
quantities  less  than  a barrel,  for  illuminating  purposes, 
oils  or  fluids  made  from  petroleum  or  its  products,  which 
does  not  sustain  the  fire  test  provided  for  in  Section  449, 
shall  forfeit  said  oil,  and  be  fined  not  less  than  five  dollars 
nor  more  than  twenty  dollars  ; said  fine  to  be  collected  as 
other  fines  are  now  collected,  one-half  to  go  to  the  informer, 
the  other  to  be  paid  into  the  treasury  of  the  State. 


1874,  ch.  504.  P.  E.  E.,  (1888)  Art.  4,  Sec.  332. 

i^ecovery  from  452.  Any  purchaser  of  oils  or  fluids  made  of  petroleum 
or  its  products,  for  illuminating  purposes,  bearing  the 
stamp  required  in  Section  450,  and  which  does  not  stand 
the  fire  test  required  in  Section  449,  may  recover  from  the 
seller  in  an  action  for  debt  an  amount  equal  to  double  the 
purchase  money  of  said  oil. 


1874,  ch.  504.  P.  E.  E.,  (1888)  Art.  4,  Sec.  333. 


bmtyfo^r  453.  Any  accident  by  reason  of  explosion,  occurring 
expiSiK^  with  any  oil  or  fluid  manufactured  from  petroleum  or  its 
penalty.  products,  shall  subject  the  seller  thereof  to  prosecution  for 
a misdemeanor,  and  upon  conviction  thereof  in  a court  of 
competent  jurisdiction,  to  a fine  not  exceeding  one  thousand 
dollars,  nor  less  than  five  hundred  dollars  ; one  half  of  said 
fine  to  be  paid  to  the  informer  and  the  other  half  to  the 
State. 


FISH 


311 


1874,  ch.  504.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  334. 

454.  In  case  of  seizure  or  confiscation  of  oils  or  fluids  seizure  and 

. -11  confiscation;. 

manufactured  from  petroleum  or  its  products,  as  provided  decisions, 
in  Section  451,  the  party  who  has  sold  such  oils  or  fluids 
shall  have  the  privilege  of  referring  the  same  to  some  com- 
missioned inspector  recognized  by  the  oil  trade  of  Balti- 
more, whose  decisions  shall  be  prima  facie  evidence  of  the 
quality  of  said  oil  or  fluid. 


1874,  ch.  504.  P.  L.  L.,  (1888)  Art.  4,  Sec.  335. 

455.  If  any  inspector  of  oils  shall  be  convicted  in  a report  of 
court  of  competent  jurisdiction  of  furnishing  a false  report  inspector, 
of  the  fire-test  of  any  oil  submitted  to  his  inspection,  he 
shall  be  liable  to  a fine  of  not  less  than  five  hundred 
dollars  nor  more  than  two  thousand  dollars,  at  the  discretion 
of  the  court ; said  fine  to  be  paid  into  the  treasury  of  the 
State. 


1874,  ch.  504.  P.  h.  h.,  (1888)  Art.  4,  Sec.  336. 

456.  The  provisions  of  the  seven  preceding  sections  Not  to  apply  to. 
shall  not  apply  to  oils  or  fluids  manufactured  from  petrol- 
eum  or  its  products  for  the  purpose  of  exportation  or  for 
use  in  street  lamps. 


FISH. 

1886,  ch.  450.  P.  L.  L.,  (1888)  Art.  4,  Sec.  337. 

457.  No  person  shall  expose  for  sale,  or  have  in  his  Prohibiting 
possession,  offering  for  sale,  any  striped  bass  or  rock  Spefch^^^ 
weighing  less  than  one-half  pound  each,  or  any  white  weSt,- 
perch  weighing  less  than  one-quarter  of  a pound  each  ; any 
person  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 
by  a court  of  competent  jurisdiction  shall  be  fined  not 
more  than  twenty  dollars  or  be  confined  in  jail  not  more 
than  thirty  days,  or  both,  in  the  judgment  of  the  court. 


312 


MISCELI.ANEOUS  EOCAE  EAWS. 


Where  not  to 
be  formed. 


Certain  com- 
panies re- 
stricted in 
laying 
mains. 


Certain  char- 
ters an- 
nulled. 


Price  of  gas. 


Illuminating 

power. 


To  comply 
with  future 
require- 
I ments. 


GAS  COMPANIES. 

1886.  ch,  384.  P.  E.  E.,  (1888)  Art.  4,  Sec.  338. 

458.  No  gas  companies  shall  be  formed  in  Baltimore 
City,  Baltimore  County  or  in  Anne  Arundel  County,  ex- 
cept in  the  City  of  Annapolis.  * 


1886,  ch.  384.  P.  E.  E.,  (1888)  Art.  4,  Sec.  339. 

459.  No  gas  companies  chartered  in  any  other  counties 
of  the  State  shall  have  the  right  to  lay  mains  or  sell  gas  in 
Baltimore  City,  Baltimore  County  or  Anne  Arundel  County. 


1886,  ch.  395.  P.  E.  E.,  (1888)  Art.  4,  Sec.  340. 

460.  All  charters  for  gas  companies  which  have  been 
granted  or  issued  under  the  Code  of  Public  General  Laws, 
or  any  other  law,  in  Baltimore  City,  Baltimore  County,  or 
Anne  Arundel  County,  are  repealed,  annulled  and  made 
void,  except  in  cases  where  the  companies  incorporated  by 
any  of  such  charters  have  erected  works  and  commenced 
the  manufacture  of  gas. 


1888,  ch.  322.  P.  E.  E.,  (1888)  Art.  4,  Sec.  341.  1900,  ch.  180. 

461.  No  corporation  or  person  shall  charge  for  illumi- 
nating gas  in  Baltimore  City  a sum  to  exceed  one  dollar 
and  ten  cents  per  thousand  cubic  feet. 


1888,  ch.  322.  P.  E.  E.,  (1888)  Art.  4,  Sec.  342. 

462.  The  illuminating  gas  furnished  by  any  such  cor- 
poration or  person  shall  have  an  illuminating  power  not 
less  than  twenty  sperm  candles  of  six  to  the  pound,  and 
burning  at  the  rate  of  one  hundred  and  twenty  grains  of 
spermaceti  per  hour,  tested  at  a distance  of  not  less  than 
one  mile  from  the  place  of  manufacture  by  a burner  con- 
suming five  cubic  feet  of  gas  per  hour,  and  shall  as  regards 
purity,  comply  with  the  standard  now  or  hereafter  estab- 
lished by  law. 

*Note. — As  to  construction  of  sections  458-460  of  this  Article,  see. 
Consolidated  Gas  Co.  v.  Baltimore  Co.,  99  Md.  403. 


HARBOR,  DOCKS  AND  WHARVES. 


313 


HARBOR,  DOCKS  AND  WHARVES. 

Harbor. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  267.  1884,  ch.  309. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  351. 

463.  No  wharf  shall  be  run  out,  made,  altered,  enlarged  ivimit  of 

’ ’ I I wharves. 

or  extended  so  as  to  divert  the  course  of  the  channel, 
obstruct  the  harbor  or  basin,  or  to  the  injury  of  the  same  ; 
and  no  person  shall  make,  alter  or  extend  any  wharf 
without  laying  before  the  Harbor  Board  a plan  of  said 
wharf,  and  obtaining  the  consent  of  the  said  Harbor 
Board.** 

Page  V.  Mayor,  34  Md.  558.  Hazlehurst  v.  Mayor,  37  Md.  199. 

Williams  v.  Baker,  41  Md.  523.  B.  &.  O.  R.  R.  Co.  z^.  Chase,  43  Md. 

24.  Horner  z/.  Pleasants,  66  Md.  477.  *Classen  v.  Chesapeake  Co.,  81 
Md.  258. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  268.  P.  L.  L.,  (1888)  Art.  4,  Sec.  352. 

464.  If  any  person  shall  violate  the  provisions  of  the  penalty, 
preceding  section,  the  Mayor  and  City  Council  of  Baltimore 
may  recover,  by  a warrant  before  a Justice  of  the  Peace,  a 
sum  not  exceeding  two  hundred  and  fifty  dollars,  and 
may  forthwith  cause  the  said  wharf  to  be  demolished. 


P.  L.  Iv.,  (1860)  Art.  4,  Sec.  269.  P.  R.  R.,  (1888)  Art.  4,  Sec.  353. 

465.  The  Harbor  Master  of  the  port  of  Baltimore  may  charges  upon 
demand  from  the  captain  or  commander  of  every  foreign 
vessel  coming  into  said  port  for  the  purpose  of  trade  and 
commerce,  the  sum  of  five  dollars,  as  an  additional  compen- 
sation for  his  care  and  diligence  in  the  regulation  of  the 
harbor  and  providing  a proper  station  for  said  vessel. 


P.  Iv.  L.,  (1860)  Art.  4,  Sec.  270.  P.  h.  L.,  (1888)  Art.  4,  Sec.  354. 

466.  He  may,  in  case  of  delay  or  refusal  to  make  such  suit  for. 
payment,  sue  for  and  recover  the  same  before  a Justice  of 
the  Peace  as  small  debts  are  recovered. 


**See,  Res.  185,  April  22,  1876. 


314 


MISCEIvLANKOUS  EOCAE  EAWS. 


City’s  title  to 
made  land. 


Obstructing- 
vessels  at 
docks. 


Removal . 


Penalty  for  in- 
terfering 
■with  vessels 
removing. 


Docks. 

P.  E.  E.  (I860)  Art.  4,  Sec.  193.  P.  E.  E.,  (1888)  Art.  4,  Sec.  358. 

467.  The  Mayor  and  City  Council  are  vested  with  the 
right  and  title  to  any  land  made  or  to  be  made  by  them 
out  of  the  water  in  making  and  completing  the  improve- 
ments of  the  City  dock,  according  to  the  plan  heretofore 
adopted  by  them  ; provided,  that  nothing  contained  in  this 
section  shall  be  construed  to  interfere  with  the  vested 
rights  of  individuals. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  194.  1880,  ch.  418. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  359. 

468.  If  any  vessel  shall  be  lying  in  Smith’s  dock, 
Frederick  street  dock  or  any  other  dock  in  said  City,  or 
the  entrance  thereto,  so  as  to  obstruct  any  vessel  which 
shall  be  coming  into  the  same,  or  moving  from  one  place 
to  another  therein,  or  going  out  of  the  same,  the  vessel  so 
obstructing  shall  be  removed  to  such  place  as  shall  be 
directed  by  the  Harbor  Master  of  the  district,  or  any 
police  officer  of  Baltimore  City,  to  give  room  to  the  pass- 
ing vessel,  under  the  penalty  of  five  dollars  for  refusal  so 
to  remove,  and  at  the  rate  of  five  dollars  an  hour  for  the  de- 
lay which  shall  be  occasioned  to  the  passing  vessel,  unless 
in  cases  where  some  unavoidable  casualty  may  make  it 
impracticable  to  remove  said  obstructing  vessel ; and  if  a 
vessel,  when  moving  to  make  room  for  another,  be  ob- 
structed by  any  vessel,  the  master  or  owner  of  such 
obstructing  vessel  shall  forfeit  five  dollars  for  such 
obstruction,  and  at  the  rate  of  five  dollars  per  hour  during 
the  continuance  of  such  obstruction,  to  be  recovered  by  the 
master  or  owner  of  the  passing  vessel  aforesaid  ; provided, 
the  said  Harbor  Master  or  police  officer  shall  have  directed 
said  removal ; but  nothing  herein  contained  shall  give  to 
the  Harbor  Master  or  police  officer  any  control,  except  in 
cases  of  dispute,  when  called  in. 


DOCKS. 


315 


P.  L.  L.,  (1860)  Art.  4,  Secs.  196  & 197.  1880,  ch.  418. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  360. 

469.  No  vessel  shall  enter  Smith’s  dock  or  any  other 
private  dock  without  first  ascertaining  whether  there  is  a 
vacant  place  at  the  wharf  where  she  can  lie,  under  a pen- 
alty  of  five  dollars,  to  be  paid  to  the  Harbor  Master  for  the 
use  of  the  City ; and  all  vessels  which  shall  be  found  ob- 
structing the  passage  of  said  docks  shall  remove,  when 
requested  by  the  Harbor  Master  of  the  district  or  any  police 
officer  of  Baltimore  City,  in  such  manner  as  will  afford  a 
free  and  unobstructed  passage  to  any  passing  vessel,  under  ^b^oVst'ruct- 
a penalty  of  five  dollars  for  refusal  to  remove,  and  five 
dollars  per  hour  for  each  hour  they  shall  obstruct  such 
passage,  after  due  notice  shall  have  been  given  to  master, 
owner  or  person  in  charge  of  such  obstructing  vessel,  by 
such  Harbor  Master  or  police  officer. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  195.  1680,  ch.  418. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  361.  1894,  ch.  21. 

470.  If  any  vessel  be  lying  at  any  private  wharf  and  Penalties  for 
not  engaged  in  loading  or  unloading,  such  vessel  shall  be  docks  whin 
removed  when  requested  by  the  owner  of  such  wharf  or  or  unloading", 
his  agent ; and  if  the  person  in  charge  of  such  vessel  re- 
fuses or  fails  to  remove  such  .vessel,  said  owner  or  his 
agent  may  call  upon  the  Harbor  Master  or  police  officer,  to 
notify  the  person  ifl  charge  of  the  vessel  to  remove,  and  if 
the  notice  is  not  complied  with  within  five  hours  such  per- 
son shall  be  liable  to  a penalty  of  fifty  dollars,  and  a further 
penalty  of  five  dollars  for  each  hour  such  vessel  shall  re- 
main after  the  expiration  of  the  five  hours  ; and  the 
Harbor  Master  shall  collect  for  the  use  of  the  Mayor  and 
City  Council  of  Baltimore  the  sum  of  five  dollars,  to  be 
paid  by  the  owner  or  person  in  charge  of  such  vessel,  to 
be  recovered  as  other  small  debts  are  recovered  ; the  term 
vessel  in  this  and  the  two  preceding  sections  shall  in- 
clude boats,  scows  and  arks. 


316 


MISSCEIvIvANKOUS  EOCAL  LAWS. 


P.  L.  E.,  (1860)  Art.  4,  Sec.  198.  P.  E.  E.,  (1888)  Art.  4,  Sec.  362. 

covering  471.  The  penalties  imposed  by  the  three  preceding 
pena  les.  gections  may  be  recovered  as  small  debts  before  any  Justice 
of  the  Peace  for  the  City  of  Baltimore,  from  the  master, 
owner  or  person  in  charge  of  the  obstructing  vessel,  for 
the  use  of  the  master,  owner  or  person  in  charge  of  the 
vessel  obstructed  ; but  such  penalty  shall  not  be  recoverable 
where  the  obstruction  proceeds  from  any  unavoidable 
cause. 


Wharfinger  and  Wharves, 

P.  G.  L.,  (I860)  Art.  97,  Sec.  17.  P.  E.  E.,  (1888)  Art.  4,  Sec.  363. 
Eanding  wood.  472.  No  person  shall  land  any  wood  or  lumber  on  Pratt 
street  wharf,  between  Light  street  and  Franklin  lane;  and 
the  Mayor  shall  enforce  the  provisions  of  this  section. 


P.  G.  E.,  (I860)  Art.  97,  Sec.  18.  P.  E.  E.  (1888)  Art.  4,  Sec.  364. 

Penaltj-.  473.  If  any  person  shall  violate  the  provisions  of  the 

preceding  section  he  shall  be  subject  to  a fine  of  twenty 
dollars,  one-half  to  the  informer  and  the  other  half  to  the 
State. 


P.  G.  E.,  (I860)  Art.  97,  Sec.  19.  P.  E.  E.  (1888)  Art.  4,  Sec.  365. 

474.  The  said  fine  may  be  sued  for  and  recovered  in 
the  name  of  the  State  before  any  Justice  of  the  Peace  for 
said  City,  in  the  same  manner  as  small  debts. 


P.  G.  E.,  (1860)  Art.  97,  Sec.  20.  P.  E.  E.,  (1888)  Art.  4,  Sec.  366. 

inestobe  ^75.  It  shall  be  the  duty  of  every  Justice  of  the  Peace 
Srer.^°^"^^®®^for  said  City  to  make  an  annual  return  to  the  State  Treas- 
urer, of  all  fines  imposed  under  the  provisions  of  the 
aforegoing  section,  and  to  receive  and  pay  over  the  same 
at  the  time  of  making  said  return. 


WHARFINGER  AND  WHARVEvS. 


317 


P.  L.  L.,  (1888)  Art.  4,  Sec.  361.*  1892,  ch.  484. 

476.  The  Mayor  and  City  Council  may  regulate  by  city  to  regulate 

. , . , . , , time  during 

ordinance  the  time  during  which  any  goods,  wares,  mer-  which  goods 

^ . 1 e niay  remain 

chandise  or  other  articles  may  remain  on  any  whart  on,  or  vessels 

may  remain 

belonging  to  the  City,  or  on  any  of  the  public  wharves 
other  than  wharves  belonging  to  or  rented  by  the  State, 
and  that  part  of  Pratt  Street  wharf  reserved  for  the  use 
of  the  State,  within  the  said  City,  or  the  time  which  the 
vessels,  boats  or  scows  taking  in  or  discharging  such  goods, 
wares  or  merchandise  shall  remain  at  said  wharves,  and 
may  regulate,  establish  and  collect  for  the  use  of  the  City 
such  wharfage  as  they  may  think  reasonable,  upon  any 
goods,  wares,  merchandise  or  other  articles  handled  at  or 
upon  and  shipped  from  any  of  such  wharves. 

P.  h.  L.,  (1860)  Art.  4,  Sec.  951.  P.  h.  E.,  (1888)  Art.  4,  Sec.  369. 

477.  Any  person  who  shall  charge,  exact  or  receive  cord-wood; 
more  than  six  and  a quarter  cents  upon  each  cord  of  wood  Surges  on. 
landed  upon  any  wharf  in  the  said  City  shall,  upon  com- 
plaint and  conviction  thereof,  before  any  Justice  of  the 

Peace  for  said  City,  be  fined  not  less  than  five  nor  more 
than  ten  dollers  in  each  case ; one-half  to  the  informer 
and  the  other  half  to  the  State ; to  be  recovered  as  fines 
imposed  by  the  courts  of  this  State. 

P.  L.  E.,  (I860)  Art.  4,  Sec.  952.  P.  E.  E.,  (1888)  Art.  4,  Sec.  370. 

478.  Any  person  carrying  wood  to  Baltimore  for  sale  ^ood 
may  land  the  same  upon  the  State  wharves  whenever  per- 
mitted to  do  so  by  any  Tobacco  Inspector  in  the  warehouse 

to  which  the  wharf  is  attached  ; but  such  permission  shall 
not  interfere  with  that  portion  of  the  public  wharves  set 
apart  for  the  use  of  boats  laden  with  tobacco. 


P.  E.  E.,  (I860)  Art.  4.  Sec.  953.  P.  E.  E.,  (1888)  Art.  4,  Sec.  371. 

479.  The  person  landing  wood  upon  the  public  wharves  wharfage  on. 
under  the  preceding  section  shall  pay  the  Tobacco  Inspec- 


‘Note. — Erroneously  numbered  in  Act  1892,  ch.  484. 


318 


MISCELI.ANKOUS  EOCAE  LAWS. 


tor  the  sum  of  six  and  a quarter  cents  a cord,  to  be  by  the 
said  inspector  paid  into  the  State  treasury,  and  the  inspec- 
tor shall  be  allowed  twenty  per  cent,  upon  the  money  so 
received  and  paid  into  the  State  treasury. 


Harbor  Board. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  372.  1894,  ch.  423. 

Control  of  ice  480.  The  Harbor  Board  shall  have  full  control  and 

boat. 

management  of  the  iceboat  Annapolis,  belonging  jointly  to 
the  State  of  Maryland  and  the  City  of  Baltimore,  subject 
to  the  orders  of  the  Governor  of  the  State,  for  the  use  of 
said  boat  for  the  public  service.  * 

P.  L.  L.,  (1888)  Art.  4,  Sec.  373.  1894,  ch.  423. 

Offices  and  481.  The  said  Board  is  hereby  authorized  to  appoint,  in 
conformity  with  the  provisions  of  section  88  of  this  Article, 
at  such  reasonable  rates  of  pay  as  it  may  determine,  and 
at  its  pleasure  to  discharge,  such  officers  and  crew  as  may 
in  its  judgment  be  deemed  necessary  for  the  proper  opera- 
tion and  maintenance  of  said  boat  at  all  times. 


P.  L.  L.,  (1888)  Art.  4,  Sec.  374.  1894,  ch.  423. 

How  to  be  used.  482.  The  Said  Board  shall  employ  the  said  boat,  pri- 
marily, for  the  purpose  of  preventing  obstruction  by  ice  to 
the  navigation  of  Baltimore  harbor,  and  the  ship  channels 
leading  thereto,  and  for  the  relief  of  vessels  in  distress, 
Dound  to  or  from  the  port  of  Baltimore. 


P.  L.  L.,  (1888)  Art.  4,  Sec.  375.  1894,  ch.  423. 

Further  ser-  483.  The  Board  is  further  authorized  to  use  the  said 
vices  o ice  discretion  the  ice  boat  Latrobe)  in  the  relief 

from  obstruction  by  ice  of  any  of  the  harbors  or  channels 
of  the  Chesapeake  bay  or  its  tributaries,  when  such  service 
can  be  rendered  without  detriment  to  the  commerce  of  the 


*Note. — See  P.  L.  L.,  (1888)  Art.  4,  Secs.  372  to  377,  inclusive,  re- 
lating to  ice  boat  and  harbor  relief. 


HEALTH NUISANCES . 


319 


port  of  Baltimore,  and  for  any  other  service  which  the 
said  Board  may  deem  advantageous  to  commerce  and  the 
public  interest;  the  Board  may  charge  such  reasonable 
rates  for  towage,  or  relief  of  vessels,  as  it  may  deem  pro- 
per, having  in  view  the  public'  and  private  interests  and 
facilities  of  commerce,  and  the  sum  received  for  same  shall 
be  applied  to  the  expense  of  the  boat. 


P.  Iv.  L.,  (1888)  Art.  4,  Sec.  376.  1894,  cli.  423. 

484.  The  annual  expenses  of  maintaining  and  operating  Expenses, 
said  iceboat  shall  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore. 

P.  Iv.  Iv.,  (1888)  Art.  4,  Sec.  377.  1894,  ch.  423. 

485.  The  said  Board  shall  in  its  annual  report  to  the  Annual  report. 
Mayor  and  City  Council  of  Baltimore  embody  statements  of 

the  operations  of,  and  the  receipts  and  disbursements  for 
the  said  iceboat,  and  shall  send  copies  of  the  same  to  the 
Governor  and  Comptroller  of  the  Treasury  of  the  State. 

HEALTH. 

Nuisances. 

P.  L.  L.,  (I860)  Art.  4,  Sec.  798.  P.  L.  E.,  (1888)  Art.  4,  Sec.  379. 

486.  Whenever  any  nuisance  dangerous  to  the  health  paving  street 
of  the  City  shall  exist  in  any  street,  lane  or  alley  of  the  nuisance. 
City,  and  it  shall  be  found  necessary,  in  order  to  effect  the 
removal  of  the  same,  to  have  such  street,  lane  or  alley 

paved,  the  said  City  may  order  the  same  to  be  paved, 
and  may  recover  the  amount  expended  in  paving  the  same, 
and  the  expenses  of  collection  from  the  owner  of  the  prop- 
erty fronting  thereon,  in  proportion  to  the  amount  expend-  °lcted.^  * 
ed  in  front  of  said  property,  by  suit  against  the  owner. 

P.  L.  E.,  (1860)  Art.  4,  Sec.  799.  P.  E.  E.,  (1888)  Art.  4,  Sec.  380. 

487.  The  said  owner  may  in  such  action  defend  himself  Defenses  of 
against  any  such  claim  for  expenses  of  paving  and  the 


320 


MISCELLANEOUS  LOCAL  LAWS. 


collection  thereof  by  proof  that  no  such  nuisances  existed, 
or  that  the  paving-  of  the  said  street,  lane  or  alley  was  not 
necessary  to  the  removal  or  abatement  thereof,  or  that  such 
nuisance  was  caused  by  an  act  or  ordinance  of  said  City,  or 
its  officers  in  the  execution  of  their  duty. 


P.  L.  L.,  (I860)  Art.  4,  Sec,  800.  P.  L.  L.,  (1888)  Art.  4,  Sec,  381. 

Cost  to  be  a 488.  The  expenses  of  such  paving,  and  the  expenses 

incident  to  the  collection  thereof,  shall  be  a lien  upon  the 
property  chargeable  therewith  ; and  when  the  right  of  the 
City  to  recover  the  same  has  been  determined,  the  City 
may  levy  such  expenses  upon  said  property. 

P.  L.  L.,  (I860)  Art,  4,  Sec.  801.  P.  L.  L.,  (1888)  Art.  4,  Sec.  382. 

Non-resident  489.  If  any  of  the  said  property  shall  be  owned  by 
persons  not  resident  within  the  limits  of  said  City,  then, 
after  public  notice  given  at  least  three  times  a week  for 
three  successive  weeks  in  two  newspapers  of  the  City,  by 
advertisement,  describing  the  property  chargeable,  the 
amount  of  expense  with  which  it  is  chargeable  and  if  known, 
the  name  of  the  owner  thereof,  the  City  may  proceed  to 
levy  said  expenses  upon  the  interest  of  such  non-resident 
in  said  property,  without  any  previous  suit  to  determine 
their  right  to  the  same. 

P.  L.  L.,  (1860)  Art.  4.  Sec.  802.  P.  L.  L.,  (1888)  Art.  4,  Sec.  383. 

Recovery  by  490.  Such  non-resident  may,  at  any  time  within  three 
d?nts?^'’  months  after  said  expenses  have  been  levied  and  collected, 
institute  an  action  against  the  City  for  the  recovery  of  the 
same ; and  if  it  shall  appear  in  such  action  that  public 
notice  was  not  given  as  hereinbefore  directed,  or  that  no 
such  nuisance  existed,  or  that  the  paving  of  said  street,  lane 
or  alley  was  not  necessary  to  the  removal  or  abatement 
thereof,  or  that  the  same  was  caused  by  an  act  or  ordinance 
of  the  City,  or  by  its  officers  in  the  execution  of  their  duty, 
such  non-resident  shall  recover  the  expenses  of  paving  and 
collection  so  levied  upon  his  property. 


CHEMICAL  LABORATORIES — CHILDREN’S  PLAYGROUNDS. 


321 


P.  L.  E.,  (I860)  Art.  4,  Sec.  803.  P.  L.  E.,  (1888)  Art.  4,  Sec.  384. 

491.  Whenever  any  nuisance  dangerous  to  the  health  Nuisances  on 

1111/.  1 1 ‘i*!  vacant  lots, 

of  the  City  shall  be  found -upon  any  vacant  lot  within  the  abatement 
City,  the  City  may  remove  or  abate  the  same,  and  shall 
have  the  same  remedy  against  the  owner  of  such  lot,  for 
the  expenses  of  so  doing,  as  is  given  in  the  five  preceding 
sections  against  the  owners  of  lots  fronting  on  streets 
paved,  to  remove  a nuisance  ; and  the  owner  of  such  vacant 
lot  shall  have  the  same  rights  and  remedies  therein  given 
to  the  owners  of  lots  fronting  on  streets  so  paved. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  854.  P.  E.  E.,  (1888)  Art.  4,  Sec.  385. 

492.  Whenever  the  Commissioner  of  Health  shall  Altering  un- 
certify in  writing  to  the  Mayor  that  it  is  necessary  for  the 
Health  of  the  City  to  alter  the  grade  of  any  street,  lane  or 
alley  on  low  or  made  ground  the  Mayor  shall  proceed  to 
act  in  the  manner  specified  in  this  Article  relating  to 
streets. 


Chemical  Laboratories, 

P.  E.  E.,  (1860)  Art.  4,  Sec.  149.  P.  E.  E.,  (1888)  Art.  4,  Sec.  387. 

493.  No  person  shall  erect  or  assist  in  the  erecting  any  Not  to  be  bmit 
chemical  laboratory  within  the  limits  of  said  City  without  ouz?!.^” 
the  consent  of  the  City,  and  the  City  may  provide  by 
ordinance  for  preventing  the  erection  of  any  such  laboratory, 
and  for  removing  or  preventing  the  use  of  any  that  shall 
be  erected. 


Children's  Playgrounds. 

1906,  ch.  201. 

§493a.  The  Mayor  and  City  Council  of  Baltimore  is  City  may  make 
authorized  and  empowered  to  enter  into  an  agreement  with  SfabiTshing'' 
the  duly  constituted  officers  of  the  Children's  Playground 
Association  (Division  Eight  United  Women  of  Maryland) 
for  the  maintenance  of  Children's  Playgrounds  in  the  city 
of  Baltimore,  for  such  length  of  time  and  upon  such  terms 
as  the  Mayor  and  City  Council  of  Baltimore  may  deem 
advantageous. 


322 


MISCKIvIvANKOUS  I.OCAI,  LAWS. 


Hospitals  for  Infectious  Diseases. 

1902,  ch.  35. 

§493b.  No  hospital  for  the  treatment  of  infectious  or 
contagious  diseases  shall  be  erected  or  maintained  in  the 
city  of  Baltimore,  nor  shall  any  money  be  appropriated  or 
used  by  the  Mayor  and  City  Council  of  Baltimore  for  the 
erection  and  maintenance  of  any  such  hospital  until  the 
of  site  upon  which  said  hospital  is  to  be  located  shall  first  be 
approved  and  authorized  by  an  ordinance  pf  the  Mayor  and 
diseases.  City  Council  of  said  municipality,  which  said  ordinance 
shall  be  approved  by  a vote  in  each  branch  of  said  City 
Council  of  not  less  than  two-thirds  of  all  the  members 
elected  thereto. 


1902,  ch.  36. 

§493c.  The  ordinance  providing  for  the  selection  of  any 
site  shall  specify  fully  and  clearly  the  character  of  the 
diseases  to  be  treated  in  the  hospital  to  be  erected  thereon, 
and  when  said  hospital  is  erected,  no  other  diseases  except 
Character  of  those  Specified  shall  be  treated  therein  unless  authorized 
siSled?^^  by  an  additional  ordinance  approved  in  the  manner  as  set 
forth  in  Section  1 of  this  Act.  * 


1902,  ch.  348. 

§493d.  Whenever  in  the  interest  of  the  public  health, 
the  erection  or  maintenance  of  temporary  buildings,  hos- 
No  temporary  pitals  or  placos  of  detention  for  the  treatment  of  infectious 
hospItafs^Sr  or  coutagious  diseases  shall  become  necessary,  such  build- 
dileaSs^o beings,  hospitals  or  placcs  of  detention  for  temporary  pur- 
feJs^'authSr-  posos  shall  be  authorized  by  an  ordinance  of  the  Mayor 
nancef  ^^d  City  Council  of  Baltimore,  and  such  ordinance  shall 
name  the  diseases  to  be  treated  and  describe  the  location 
of  said  building  or  buildings,  hospital  or  hospitals,  or  such 
places  of  detention  ; provided  that  nothing  in  this  Act  shall 
be  construed  to  prevent  the  detention  by  the  health  officers 
of  said  City  of  Baltimore  of  any  person  or  persons  that 
Proviso.  suspected  of  being  infected  with  or  having  an 

infectious  or  contagious  disease. 

*Sections  §493b  and  §493c,  are  sections  1 and  2 of  Act  1902,  ch.  36. 


INFANTS  IN  IMPROPER  HOMES  OR  CARE. 


323 


1898,  ch.  362. 

§493e.  The  Mayor  and  City  Council  of  Baltimore  be 
and  they  are  authorized  and  empowered  hereafter  to 
appropriate,  annually,  and  to  give  for  the  use  and  benefit 
of  the  Hospital  for  Consumptives  of  Maryland  of  Baltimore  A^ropriation 
City,  any  sum  or  sums  of  money  which  they  may  deem 
proper ; provided  the  sum  shall  not  exceed  four  thousand 
dollars  per  annum  for  any  one  year. 

Infants  in  Improper  Homes  or  Care. 

1906,  ch.  334. 

§493f.  No  midwife,  institution,  corporation  or  home  be 

not  duly  incorporated  for  such  purpose  shall  receive 
infants  or  young  children  for  the  purpose  of  caring  for  f"homes^^“ 
them  with  a view  to  compensation  without  first  securing  a 
license  from  the  Board  of  Health. 


1906,  ch.  334,  Sec.  2. 

§493g.  Before  the  granting  of  such  a license  the  Board  ^p- 

of  Health  shall  require  each  application  to  be  endorsed  by 
four  reputable  citizens  and  as  far  as  possible  thereafter  a kept, 
record  shall  be  kept  by  the  Commissioners  of  Health  con- 
taining the  full  name  and  address  of  each  infant  or  child 
received,  the  date  of  its  birth,  the  date  of  its  reception, 
and  in  case  in  a change  in  address,  the  date  and  place  of 
its  removal. 


1906,  ch.  334,  Sec.  3. 

§493h.  Before  issuing  said  license  the  home  or  institu-  Board  of 
tion  of  each  applicant  shall  be  visited  by  an  agent  or  ^ect^Somes 
inspector  of  the  Board  of  Health,  and  a full  investigation  tppifcanTs'.”‘ 
made  as  to  the  sanitary  conditions,  accommodations,  the 
ability  and  fitness  of  the  applicant  to  take  charge  of  such 
infant  or  child,  and  such  other  information  bearing  on  the 
subject  as  may  be  of  value,  and  that  the  agents  report  and 
recommendation  may  be  a basis  upon  which  the  Board  of 
Health  may  base  its  action  for  granting  or  rejecting  the 
application  for  such  license. 


324 


MISCELLANEOUS  LOCAL  LAWS. 


1906,  ch.  334  Sec.  4. 

Penalty  for  §4931.  Any  Hiidwife  or  institution,  corporation  or 

violation  of  i • i i n • 

provisions  of  porson  which  shall  receive  or  board  an  infant  or  small 
child  under  three  years  of  age  with  a view  to  compensation 
without  first  securing  such  license,  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  $25.00  and  costs  for  each  and  every  offence,  one-half 
of  the  said  fine  to  be  paid  to  the  informer,  and  upon  fail- 
ure to  pay  the  fine  imposed  and  the  cost  of  the  proceedings, 
the  person  or  persons  so  convicted  shall  be  committed  by 
the  Court  or  Justice  who  imposed  such  fine,  to  the  City 
Jail  for  a period  not  less  than  ten  days,  nor  more  than 
thirty  days. 

1906,  ch.  334,  Sec.  5. 

“toap-  §493j.  The  provisions  of  this  Act*  shall  in  no  way  be 
mended  bT  applying  to  such  persons  or  homes  as  may  be 

supervi^orSf  recommended  by  the  Supervisors  of  City  Charities  of 
ties.  Baltimore  City. 

Sections  re-  494 — 504.  Sections  494  to  504,  inclusive,  of  the  Charter 
pealed.  repealed  by  Act  1902,  ch.  179. 

Seats  for  Female  Employes  in  Stores  or  Factories. 

1882,  ch.  35.  P.  L.  L.,  (1888)  Art.  4,  Sec.  398.  1900,  ch.  589. 

suhabie  seats  505.  Evcry  employer  of  females  in  any  mercantile  or 
vided.  manufacturing  establishment  in  the  City  of  Baltimore 

must  provide  and  maintain  suitable  seats  for  the  use  of 
such  employes.  A person  is  deemed  not  to  maintain 
suitable  seats  for  the  use  of  female  employes  unless  he 
permits  the  use  thereof  by  such  employes  to  such  extent 
as  may  be  reasonable  for  the  preservation  of  health  and 

Jury  to  deter-  proper  rest ; and  the  question  of  what  is  thus  reasonable 
Jjo"  of^com-th  is  one  for  determination  by  the  jury  or  the  court  acting  as 
this  section.  ^ jury  iu  any  prosecution  hereunder. 


*Act,  1906,  ch.  334,  codified  as  sections  §493f  to  §493j,  inclusive,  of 
the  Charter. 


TKNKMENT  AND  DODGING  HOUSES. 


325 


1882,  ch.  35.  P.  h.  h.,  (1888)  Art.  4,  Sec.  399. 

506.  Any  violation  of  the  preceding  section  by  any 
employer  shall  be  deemed  a misdemeanor,  and  shall  be  Penalty, 
punishable  by  a fine  of  one  hundred  and  fifty  dollars,  to  be 
collected  as  other  fines  are  collected. 


Tenement  and  Lodging  Houses, 

. 1886,  ch.  396.  P.  D.  E.,  (1888)  Art.  4,  Sec.  400. 

507.  The  Mayor  and  City  Council  of  Baltimore  are 
authorized  and  directed  to  enact  ordinances  regulating  the  ^ ^ 

construction,  care,  use  and  management  of  tenement  and  use. 
houses,  lodging  houses  and  cellars  in  the  City  of  Baltimore, 
for  the  better  protection  of  the  lives  and  health  of  the 
inmates  dwelling  therein. 

State  V.  Hymen,  98  Md.  596. 


1886,  ch.  396.  P.  E.  E.,  (1888)  Art.  4,  Sec.  401.  1900,  ch.  557. 

508.  A tenement  house  shall  be  taken  to  mean  and 
include  every  house,  building  or  portion  thereof  which  is 
rented,  leased,  or  hired  out  to  be  occupied  as  the  house  or 
residence  of  more  than  three  families  living  independently  ^te”m'“SnL 
of  another  and  doing  their  own  cooking  upon  the  premises, 
or  by  more  than  two  families  upon  a floor,  so  living  and 
cooking,  but  having  a common  right  in  the  halls,  stairways, 
water-closets  or  privies,  or  some  of  them.  A lodging  house 
shall  be  taken  to  mean  and  include  any  house  or  building,  of  "lodging 
or  portion  thereof,  in  which  persons  are  harbored  or  re-  ” 
ceived  or  lodged  for  hire  for  a single  night  or  for  less  than 
a week  at  one  time,  or  any  part  of  which  is  let  for  any  per- 
son to  sleep  in  for  any  time  less  than  a week,  or  in  which 
free  lodgings  are  habitually  provided  for  and  given  to 
more  than  five  persons  who  are  not  permanent  occupants  .. 
thereof.  A cellar  shall  be  taken  to  mean  and  include 
every  basement  or  lower  story  of  any  building  or  house  of 
which  one-half  or  more  of  the  height  from  the  floor  to  the 
ceiling  is  below  the  level  of  the  street  adjoining. 


326 


MISCELI.ANKOUS  EOCAE  LAWS. 


State  Board  of  Commissioners  of  Practical  Plumbing. 

1886,  ch.  439.  P.  L.  L.,  (1888)  Art.  4,  Sec.  402.  1894,  ch.  609. 

509.  It  shall  not  be  lawful  for  any  person,  firm  or 
corporation  engaged  in  the  plumbing  business  in  the  City 
of  Baltimore  to  employ  as  workmen  in  said  business  any 
persons,  except  those  qualified  to  work  at  the  plumbing 
business,  as  provided  in  section  511  of  this  Article ; and  no 
^ re^StSed.  person  shall  be  qualified  to  work  at  the  plumbing  business 
unless  he  has  made  application  to  and  received  from  the 
State  Board  of  Commissioners  of  Practical  Plumbing  the 
certificate  of  competence  provided  for  in  section  511  of  this 
Article,  and  is  otherwise  qualified,  as  required  by  this  sub- 
division of  this  Article.  Any  person  or  firm  engaged  in 
the  plumbing  business  in  the  City  of  Baltimore,  and  the 
superintendent,  manager,  agent  or  other  officer  of  any 
corporation,  engaged  in  the  plumbing  business  in  the  City 
of  Baltimore,  who  shall  employ  any  person  to  wohk  at  the 
plumbing  business  not  qualified  as  required  by  this -sub- 
division of  this  Article  shall  be  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  every  day  or 
part  of  every  day  that  such  employer  shall  employ  such 
workman. 

Singer  v.  State,  72  Md.  464.  Davidson  v.  State,  77  Md.  388.  State  v. 
Knowles,  90  Md.  657. 

1886,  ch.  439.  P.  D.  D.,  (1888)  Art.  4,  Sec.  403.  1894,  ch.  609. 

Work  by  510.  If  any  person  shall  work  at  the  plumbing  business 

SiiaUfiS,”to  in  the  City  of  Baltimore  without  being  qualified  as  required 
meanor.  by  this  sub-division  of  this  Article  he  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  not  less  than  five  dollars  nor  more  than  fifty  for 
every  day  or  part  of  every  day  that  such  workman  shall 
Penalty.  -yvork  at  the  plumbing  business. 

Singer  v.  State,  72  Md.  464.  Davidson  v.  State,  77  Md.  388. 


1886,  ch.  439.  P.  L.D.,  (1888)  Art.  4,  Sec.  404. 

511.  The  Governor  shall  appoint  biennally  five  persons, 
who  shall  constitute  a board  of  Commissioners,  which 


COMMISSIONERS  OF  PRACTICAR  PLUMBING. 


327 


shall  be  known  and  designated  as  “The  State  Board  of 
Commissioners  of  Practical  Plumbing/’  and  who  shall  be 
selected  as  follows  : Three  persons  who  are  practical  and 
skilled  plumbers  from  the  City  of  Baltimore,  the  Commis- 
sioner of  Health  of  Baltimore  City,  and  a member  of  the 
State  Board  of  Health,  from  the  State  at  large,  whose 
duty  it  shall  be  to  faithfully  and  impartially  execute,  or 
cause  to  be  executed,  all  the  provisions  and  requirements 
of  this  and  the  two  preceding  sections ; upon  application 
and  in  such  manner  and  at  such  place  as  they  may  deter- 
mine, 'provided'' place  of  examination  shall  be  within 
the  limits  of  the  City  of  Baltimore;  they  shall  examine 
each  and  every  person  who  shall  desire  to  work  at  the 
plumbing  business,  touching  his  competency  and  qualifica- 
tions ; and  upon  being  satisfied  that  the  person  so  examined 
is  competent  and  qualified  to  work  at  said  business,  they, 
or  any  three  of  them,  shall  grant  such  person  a certificate  certificates, 
of  competency,  and  register  him  in  their  books  as  a prac- 
tical-plumber, which  shall  operate  as  full  authority  to  him 
to  conduct  and  engage  in  the  said  business  of  plumbing. 

Davidson  v.  State,  77  Md.  388. 


1886,  ch.  439.  P.  L.  L.,  (1888)  Art.  4,  Sec.  405. 

512.  The  said  Board  of  Commissioners  shall  demand 
and  receive  from  each  applicant  for  a certificate  of  compe-  Examination 
tency  whom  they  examine  and  pass  the  sum  of  three 
dollars  at  the  time  of  the  issuance  of  said  certificate,  and 
the  sum  of  one  dollar  for  the  renewal  thereof  each  and  Renewal  Fee. 
every  year  thereafter,  on  or  before  the  first  day  of  May. 

Davidson  v.  State,  77  Md.  388. 


1886,  ch.  439.  P.  L.  L.,  (1888)  Art.  4,  Sec.  406. 

513.  The  money  received  under  the  provisions  of  the 
foregoing  section  shall  be  used  and  applied  by  said  Com- 
missioners to  defray  their  expenses,  and  all  surplus  over  ^lppn?d. 
and  above  their  necessary  expenses  shall  be  returned  to 
the  State  Treasurer  for  the  use  of  the  State. 


Davidson  v.  State,  77  Md.  388. 


328. 


MISCKLIvANKOUS  LOCAI,  LAWS. 


1886,  ch.  439.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  407.  1894,  ch.  609. 

1904,  ch.  636. 

514.  Said  Commissioners  shall  hold  their  several  offices 
for  the  period  of  two  years,  commencing  from  the  first 
day  of  May  in  the  year  1886,  and  thereafter  until  their 
sioners.  successors  have  been  appointed  and  qualified ; each 
Commissioner,  within  thirty  days  after  notification  of  his 
Oath.  appointment,  shall  take  and  subscribe  an  oath  or  affirma- 

tion before  the  Clerk  of  the  Superior  Court  of  Baltimore 
City  to  impartially  and  faithfully  discharge  his  duties  as 
Commissioner  ; every  person  appointed  Commissioner  who 
shall  refuse  or  neglect  to  take  the  oath  or  affirmation  pro- 
vided for  in  this  section,  within  the  period  named,  shall 
be  deemed  to  have  refused  said  office,  and  the  Governor 
shall  immediately  appoint  some  person  qualified,  as  pro- 
vided in  Section  511  of  this  Article,  to  fill  the  vacancy  thus 
created  ; each  of  said  Commissioners  shall  receive  the  sum 
Compensation.  five  dollars  for  every  day  that  he  shall  be  present  at  a 
meeting  of  said  Board  for  the  transaction  of  business, 
Compensation  provided,  however,  that  in  each  year  he  shall  not  receive 
Limited.  compensation  for  more  than  thirty  days ; and  provided 
also,  that  said  compensation  shall  be  paid  out  of  the  fees 
or  other  sums  received  by  said  Board. 

Davidson  v.  State.  77  Md.  388. 


1886,  ch.  439.  P.  L.  D.,  (1888)  Art.  4,  Sec.  408. 

^uiltionl^^^’  515.  The  said  Board  of  Commissioners  are  empowered 
to  make  such  rules  and  regulations  from  time  to  time  as  in 
their  judgment  they  may  deem  necessary  and  requisite ; 
and  they  shall  make  a report  of  the  condition  of  the  Board 
To  report  to  to  the  Govemor  biennally,  on  or  before  the  first  day  of 
ennially.  February,  with  a full  statement  of  their  receipts  and 
expenditures. 


HORSESHOEING. 

1898,  ch.  491. 

§5 15a.  It  shall  be  unlawful  for  any  person  to  practise 
horseshoeing  in  the  City  of  Baltimore  or  in  the  twelfth 


BOARD  OF  EXAMINERS  OF  HORSESHOERS. 


329 


district  of  Baltimore  County,  unless  such  person  has 
obtained  a certificate  and  has  been  duly  registered  as 
hereinafter  provided. 


Board  of  Examiners  of  Horseshoers. 

1898,  ch.  491. 

§5 15b.  A “Board  of  Examiners  for  Horseshoers^^  is 
created,  which  shall  consist  of  five  members,  one  of  whom 
shall  be  doing  business  as  veterinarian  only,  two  master  Board  of  exam- 

^ 11  iners  for 

horseshoers  and  two  journeymen  horseshoers,  all  doing 
business  in  Baltimore  City,  whose  duty  it  shall  be  to  carry 
out  the  purposes  and  enforce  the  provisions  of  this  Act. 

The  members  of  said  Board  shall  be  appointed  by  the 
Governor,  and  fhe  term  for  which  they  shall  hold  office 
shall  be  for  four  years,  except  that  the  members  of  said  Board 
to  be  first  appointed  under  this  Act  shall  be  designated  by 
the  Governor  to  serve  one  for  two  years,  two  for  three 
years,  and  two  for  four  years,  and  unless  removed  by  the 
Governor,  until  their  successors  are  duly  appointed.  Any 
vacancy  in  said  Board,  for  any  cause,  shall  be  filled  by  the 
Governor. 


1898,  ch,  491. 

§5 15c.  Said  Board  shall  meet  in  the  month  of  May 
next  after  the  passage  of  this  Act,  and  organize  by  the  to  meet  and 
election  of  a president  and  secretary,  and  thereafter  shall 
hold  regular  meetings  in  the  months  of  May  and  November 
in  every  year,  and  such  special  meetings  for  the  examina- 
tions of  persons  desiring  to  practice  horseshoeing,  as  occa- 
sion may  require ; that  they  shall  pass  such  by-laws  and  By-iaws  and 
prescribe  such  rules  and  regulations  as  may  be  necessary 
to  carry  into  effect  the  provisions  of  this  Act ; and  said 
Board  shall  at  its  first  meeting,  prescribe  and  clearly  define 
the  qualifications  and  tests  necessary  to  obtain  a certificate 
as  master  or  journeyman  horseshoer.  Printed  copies  of 
such  requirements  shall  be  furnished  to  all  persons  desir- 
ing to  pass  an  examination  for  said  certificate,  and  any 
person  who  shall,  on  examination  be  found  by  a majority 


330 


MISCEIvLANEOUS  EOCAE  EAWS. 


^and^requEe-  Board  to  possess  the  said  requirements  so  prescribed, 

Sfcant^to  be  shall  be  granted  a certificate  to  that  effect  on  the  payment 
defined.  Board  of  a fee  of  two  dollars ; and  all  proceed- 

ings of  said  Board  shall  be  open  to  public  inspection. 


189S,  ch.  491. 

^c?ptedand  §^15d.  Any  person  who  has  practiced  as  a master  or 
certificlte°  joumeyman  horseshoer  in  the  City  of  Baltimore  or  the 
without  ex-  twelfth  district  of  Baltimore  County,  for  three  years  prior 
to  the  passage  of  this  Act,  who  will  file  an  affidavit  to  that 
effect  with  said  Board,  shall  be  entitled  to  a certificate 
without  examination,  on  the  payment  of  a fee  of  twenty- 
five  cents  to  said  Board ; or  anyone  who  has  a certificate 
from  any  duly  constituted  examining  board  of  the  State  of 
Maryland,  or  of  any  other  State,  that  he  is  a competent 
master  or  journeyman  horseshoer,  on  filing  and  registering 
said  certificate  or  a copy  thereof  with  said  Board,  shall  be 
entitled  to  a certificate  from  said  Board  without  an  exami- 
tion,  on  payment  of  a fee  of  two  dollars,  but,  that  after 
the  passage  of  this  Act,  no  person  who  has  not  served  an 
apprenticeship  at  horseshoeing  for  a period  of  three  years 
shall  be  entitled  to  an  examination  for  said  certificate. 

1898,  ch.  491. 

Certificate  to  §515e.  All  Certificates  issued  by  said  Board  shall  be 
^/ueTand^^’  sigued  by  its  officers  and  bear  its  seal,  and  the  secretary  of 
bear  seal,  Board  shall  keep  a book  in  which  all  certificates  so 

issued  and  the  names  of  the  persons  to  whom  the  same 
shall  have  been  issued  shall  be  duly  registered,  and  a 
transcript  from  said  book  of  registration,  certified  by  the 
secretary,  with  the  seal  of  the  Board,  shall  be  evidence  in 
any  court  in  the  State,  and  said  secretary  shall  furnish  to 
any  one  a copy  of  his  certificate  on  payment  of  the  sum  of 
one  dollar. 


1898,  ch.  491. 

§515f.  Any  person  who  shall  violate  any  of  the  provi- 
sions of  this  Act  shall  be  guilty  of  a misdemeanor,  and 


HOURS  OF  UABOR. 


331 


upon  the  conviction  thereof  in  any  court  having  criminal  a 

jurisdiction,  shall  be  fined  not  more  than  twenty-five  dol-  m^sdemean- 
lars  or  be  confined  in  the  Baltimore  City  jail  or  Baltimore 
County  jail,  not  more  than  one  month,  in  the  discretion  of 
the  court.  All  fines  received  under  this  Act  shall  be  paid 
into  the  common  school  fund  of  the  City  of  Baltimore,  or  of 
Baltimore  County,  if  the  offence  shall  have  been  committed 
in  said  county.  The  provisions  of  this  Act  shall  not  inter- 
fere with  the  right  of  the  owners  of  horses  to  have  them 
shod  at  their  own  shops. 

HOURS  OF  LABOR. 

P.  L.  L.,  (1888)  Art.  4,  vSec.  31  A.  1898,  ch.  458. 

516.  No  mechanic  or  laborer  employed  by  the  Mayor 
and  City  Council  of  Baltimore,  or  by  any  officer, . agent, 
contractor  or  sub-contractor  under  them,  shall  be  required 
to  work  more  than  eight  hours  per  day  as  a day's  labor  ; Eight  hours  a 
provided  further,  that  this  section  shall  not  apply  to  the  fo/alj^em- 
employes  of  the  Fire  Department,  Bay  View  Asylum,  or 
the  Baltimore  City  Jail.  Any  such  officer,  agent,  contrac- 
tor or  sub-contractor  who  shall  require  any  mechanic  or 
laborer  to  work  more  than  eight  hours  per  day,  contrary 
to  the  provisions  of  this  section,  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  and  every 
offence,  one  half  of  such  fine  to  go  to  the  informer,  said 
fines  to  be  collected  as  other  fines  are  collected  by  law. 


HOUSES  OF  REFUGE  AND  REFORMATION. 

1878,  ch.  267.  1880,  ch.  111.  1880,  ch.  323.  1890,  ch.  61.  1890,  ch. 

392.  P.  h.  L.,  (1888)  Art.  4,  Sec.  410.  1902,  ch.  391.  1906,  ch.  469. 

517.  The  Mayor  and  City  Council  of  Baltimore  may  sum  of  money 
annually  appropriate  a sufficient  sum  of  money  to  pay  for  the  for  support 
support  and  maintenance  of  each  minor  committed  from  commSId 
the  City  of  Baltimore  by  legal  process,  not  exceeding  eighty  more  City  to 
dollars  per  annum  for  each  minor  so  committed,  to  the  named.'°"^ 
following  reformatories : House  of  Refuge,  St.  Mary's 
Industrial  School,  Colored  House  of  Reformation,  House  of 


332 


miscellaneous  local  laws. 


Annual  appro- 
priations to 
certain  insti- 
tutions. 


Additional  ap- 
propriations. 


House  of  Good 
Shepherd, 
Judge  to  in- 
spect. 


Good  Shepherd  for  Colored  Girls,  Industrial  Home  for 
Colored  Girls,  and  to  any  other  reformatories  to  which  such 
minors  may  be  so  committed,  and  may  appropriate,  in  con- 
formity with  the  requirements  of  Sections  105  and  107  of 
this  Article,  annually,  a sum  of  money,  not  exceeding  five 
thousand  dollars,  to  the  Boy’s  Home  Society  of  Baltimore 
City,  and  annually  a sum  of  money  not  exceeding  ten 
thousand  dollars  to  the  Female  House  of  Refuge,  and  to 
St.  Vincent  of  Paul’s  Orphan  Asylum  of  Baltimore,  any 
sum  now  due  said  Institution  for  the  care  of  destitute  or 
other  minors  committed  by  the  Courts  or  other  police 
Magistrates  to  its  care,  or  who  may  hereafter  be  committed, 
not  exceeding  the  sum  of  two  thousand  dollars  per  year. 
And  the  said  Mayor  and  City  Council  of  Baltimore,  are 
further  authorized  and  empowered  to  appropriate  for 
repairs  permanent  improvements,  and  additions  to  the 
buildings  and  grounds  now  used,  or  hereafter  to  be  used  by 
the  House  of  Refuge  and  its  successors,  such  additional 
sum  or  sums  of  money  as  in  their  judgment  shall  from  time 
to  time  be  required  for  those  purposes.** 

See  note,  City  Code,  (1879),  page  469. 

1878,  ch.  442.  P.  L.  L.,  (1888)  Art.  4,  Sec.  411. 

518.  The  Judge  of  the  Criminal  Court  of  Baltimore,  the 
President  of  the  Board  of  Police  Commissioners,  and  the 
Marshal  of  the  Police  of  the  City  of  Baltimore,  shall,  at 
such  times  as  they  may  think  proper,  visit  and  inspect  the 
House  of  Good  Shepherd. 


**NoTK. — The  Female  House  of  Refuge,  stands  in  loco  parentis  to  the 
inmates  thereof.  As  to  rights  of  such  inmates,  see, 

Cole  V.  Female  House  of  Refuge,  Daily  Record,  December  20,  1895. 

Funds  of  Charitable  Institutions:  Are  not  liable  to  the  payment  of 

damages,  being  regarded  as  trust  funds,  and  as  such  not  liable  in  an 
action  for  damages. 

Turner  v.  Baltimore  Humane  and  Impartial  Society,  Daily  Record, 
December  17,  1901. 

The  Act.  1906,  ch.  146,  appropriated  $50,000  for  the  improvement  of 
a tract  of  land  near  Loch  Raven,  Baltimore  County,  by  the  erection  of 
additional  buildings  for  the  House  of  Correction  and  the  equipment  of 
same.  The  Act.  1906,  ch.  522,  appropriated  a similar  sum  for  a like 
purpose  to  St.  Mary’s  Industrial  School. 


IMMIGRANTS. 


333 


IMMIGRANTS. 

1832,  ch.  203.  1833,  ch.  177.  1834,  ch.  34.  1841,  ch.  174.  1839,  cii.  46. 

P.  L.  L..  (I860)  Art.  4.  Sec.  250.  P.  L.  L.,  (1888)  Art.  4,  Sec.  412. 

519.  The  master  or  commander  of  any  vessel  arriving 
from  a foreign  country  or  from  any  other  of  the  United 
States,  who  shall  enter  said  vessel  at  the  custom  house  in 
the  City  of  Baltimore,  shall  within  twenty-four  hours  after 
such  entry,  make  a report  in  writing  on  oath  to  the  Mayor 
of  said  City,  of  the  name,  age  and  occupation  of  every  alien 
who  shall  have  been  brought  or  carried  as  passenger  in 
such  vessel  on  that  voyage,  upon  pain  of  forfeiture,  for 
every  neglect  or  omission  to  make  such  report,  of  the  sum 
of  twenty  dollars  for  every  such  passenger  neglected  or 
omitted  to  be  so  reported.** 


P.  L.  L.,  (1860)  Art.  4,  Sec.  251.  P.  T.  I^.,  (1888)  Art.  4,  Sec.  413. 

520.  The  Mayor,  or  other  person  discharging  the  duties 
of  his  office,  shall  require  the  owner  or  consignee  of  every 
vessel  arriving  from  a foreign  country,  or  from  any  other 
of  the  United  States,  which  shall  be  entered  in  said  custom-  port  of  aliens 
house,  upon  pain  of  forfeiture  to  the  Mayor  and  City  come  public 
Council  of  Baltimore,  of  twenty  dollars  for  every  neglect  or 
omission,  to  give  a several  bond  to  the  State  of  Maryland  in 
the  penalty  of  three  hundred  dollars,  for  each  passenger 
included  in  the  report  of  the  master  or  commander  of  such 
vessel  directed  to  be  made  by  the  preceding  section,  and 
conditioned  to  indemnify  and  save  harmless  each  and  every 
city,  town  and  county  in  this  state,  from  any  cost  which 
such  city,  town  or  county  shall  incur,  for  the  relief  or 
support  of  the  person  named  in  the  bond,  within  five  years 
from  the  date  of  the  bond,  and  also  to  indemnify  and  refund 
any  charge  or  expense  such  city,  town  or  county  may 
necessarily  incur  for  the  support  or  medical  care  of  the 
person  named  therein,  if  received  into  the  almshouse  or 
hospital  or  any  other  institution  under  their  care. 


**See  note,  Baltimore  City  Code  (1879),  page  471. 


334  MiSCEIvIvANEOUS  EOCAE  EAWS. 

P.  E.  E.,  (I860)  Art.  4,  Sec.  252.  P.  E.  E.,  (1888)  Art.  4,  Sec.  414. 

Sureties.  521.  Every  such  bond  shall  be  signed  by  two  or  more 

sufficient  securities,  residents  of  the  State  of  Maryland, 
each  of  whom  shall  prove,  by  oath  or  otherwise,  that  he  is 
owner  of  a freehold  in  said  State  of  the  value  of  three  hundred 
dollars  over  and  above  all  claims  or  liens  thereon  or  against 
him,  including  any  contingent  claim  which  may  accrue 
from  or  upon  any  former  bond  given  under  the  provisions 
of  this  sub-division  of  this  Article. 

P.  E.  E.,  (1860)  Art.  4,  'Sec.  253.  P.  E.  E.,  (1888)  Art.  4,  Sec.  415. 

other  Security.  522.  If  the  pHncipal  in  said  bond  choose,  instead  of  the 
security  required  in  the  preceding  sections,  he  may  secure 
said  bond  by  mortgage  of  real  estate,  or  by  the  pledge  and 
transfer  of  public  stock  of  the  United  States,  or  of  the 
State  of  Maryland,  or  of  the  City  of  Baltimore,  or  by  deposit 
of  the  amount  of  the  penalty  in  some  bank,  subject  to  the 
order  of  the  Mayor  of  the  City. 

P.  E.  E.,  (I860)  Art.  4,  Sec.  254.  P.  E.  E.,  (1888)  Art  4,  Sec.  416. 

523.  Any  security,  whether  real  or  personal,  offered  by 

Mayor  toi!ap-  such  owner  or  consignee,  shall  first  be  approved  by  the 
prove.  Mayor  of  the  City. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  255.  P.  E.  E.,  (1888)  Art.  4,  Sec.  417. 

524.  The  owner  or  consignee  of  any  vessel  may  at  any 
time  within  three  days  after  the  landing  of  such  passen- 
gers, commute  for  the  bond  hereinbefore  required,  by 
paying  to  the  City  Register  the  sum  of  one  dollar  and  fifty 
cents  for  each  and  every  passenger  reported  as  hereinbe- 
fore  required  by  this  sub-division  of  this  Article,  and  the 

ife”uof  bSnd.  receipt  of  such  sum  by  the  City  Register  shall  be  deemed 
a full  and  sufficient  discharge  from  the  requirement  of 
giving  such  bond. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  256.  P.  E.  E.,  <1888)  Art.  4,  Sec.  418. 

525.  If  any  alien  passenger  in  such  vessel  shall  be 
suffered  to  land  therefrom  at  any  place  within  the  distance 


IMMIGRANTS. 


335 


of  fifty  miles  from  said  City,  with  the  intent  to  proceed 
thereto  otherwise  than  in  said  vessel,  the  master  or  com- 
mander thereof  shall  forfeit  and  pay  for  every  such  person 
the  sum  of  one  hundred  dollars,  unless  within  forty-eight 
hours  after  the  entry  of  the  vessel,  the  owner  or  consignee 
shall  give  bonds  or  pay  the  commutation  money  aforesaid. 


P.  L.  Iv.,  (1860)  Art.  4.  Sec.  257.  P.  T.  h.,  (1888)  Art.  4,  Sec.  419. 

526.  All  or  any  of  the  said  penalties  and  forfeitures, 

. as  well  as  the  said  commutation  money,  maybe  sued  forPenauies^how 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
before  any  Justice  of  the  Peace,  in  the  same  manner  and 
subject  to  the  same  rules  and  process,  and  the  right  of 
appeal  as  provided  in  cases  of  small  debts. 


P.  L.  Iv.,  (1860)  Art.  4,  Sec.  258.  P.  Iv.  L.,  (1888)  Art.  4,  Sec.  420. 

527.  The  Mayor  may  compound  for  or  remit  the  said 
penalties  and  forfeitures,  and  payments  and  recoveries,  or  Mayor  may  re- 
any  of  them,  either  before  or  after  suing  for  the  same, 
upon  such  terms  as  the  circumstances  of  the  case  may  in 
his  judgment  require. 


P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  259.  P.  L.  n.,  (1888)  Art.  4,  Sec.  421. 

528.  The  Mayor  and  Register  shall  pay  over  to  the 
Supervisors  of  City  Charities,  semi-annually,  three-fifths  of  commuta- 
all  sums  of  money  arising  from  commutation  by  owners  or 
consignees  of  vessels  as  aforesaid,  which  shall  be  appropri- 
ated by  said  trustees  to  the  use  of  the  City  of  Baltimore, 

for  the  purpose  of  supporting  the  foreign  paupers  of  the 
said  City,  and  the  remaining  two-fifths  shall  be  paid  to  the 
Hibernian  Society  of  Baltimore,  and  the  German  Society  of 
Maryland,  in  the  proportions  mentioned  in  the  next  succeed- 
ing section. 

P.  L.  Iv.,  (1860)  Art.  4,  Sec.  260.  P.  h.  Iv.,  (1888)  Art.  4,  Sec.  422. 

529.  All  money  received  by  the  Mayor  or  Register  for 
penalties  and  forfeitures  imposed  by  this  sub-division  of 


336 


MISCBlvIvANKOUS  BOCAL  LAWS. 


this  Article  shall  be  distributed  and  paid  by  the  Mayor  and 
City  Council  as  follows  : two-fifths  thereof  to  the  German 
Society  of  Maryland,  and  the  Hibernian  Society  of  Balti- 
^ usedi^^’  niore  to  be  divided  between  them  as  follows  : to  the  German 

Society  in  proportion  to  the  amount  received  from  and  on 
account  of  German  and  Swiss  passengers,  and  to  the  Hiber- 
nian Society  in  proportion  to  the  amount  received  from  and 
on  account  of  Irish  passengers  ; and  the  remaining  three- 
fifths  to  the  Supervisors  of  City  Charities. 


P.  L.  Iv.,  (1860)  Art.  4,  Sec.  261.  P.  L.  U.,  (1888)  Art.  4,  Sec.  423. 

^ pJr  centum  ^ Register  shall  be  entitled  to  two  per 

centum  upon  the  amount  of  money  collected  under  this 
sub-division  of  this  Article. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  262.  P.  L-  U,  (1888)  Art,  4,  Sec.  424. 

Not  to  apply  to  Nothing  Contained  in  the  twelve  next  preceding 

[ep^^s^nta-  sections  shall  be  deemed  to  extend  to  any  ambassadors, 
Sn^menfs^'"'  ministers,  consuls  or  agents  of  foreign  governments 
arriving  as  passengers  in  the  port  of  Baltimore. 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 

Barrels. 

1890,  ch.  332,  Sec.  1.  P.  G.  L.,  (1904)  Art.  97,  Sec.  27.  1906,  ch.  331. 

532.  The  standard  barrel  for  the  measurement  of  all 
Green  peas  or  green  peas  or  beans  in  the  hull,  which  are  sold  by  the 
dSdweh  bushel,  shall  be  of  the  following  dimensions,  namely: 
diameter  of  said  barrel  at  the  top  shall  be  eighteen  and  three- 
fourths  inches  inside  the  staves,  the  diameter  at  the  bottom 
inside  the  staves  shall  be  sixteen  and  one-fourth  inches, 
and  the  depth  of  said  barrel  shall  be  twenty-six  inches 
inside,  and  to  contain  in  all  six  thousand  two  hundred  and 
fifty-three  and  three-fourths  cubic  inches,  measurement  by 
said  barrel  to  be  struck  measure. 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


337 


1890,  ch.  332,  Sec.  2.  1892,  ch.  486.  P.  G.  L.,  (1904)  Art.  97,  Sec.  27. 

1906,  ch.  331. 

533.  The  dimensions  of  any  barrel  so  used  shall  be 
stamped  by  the  inspector  of  weights  and  dry  measures  of 
the  City  of  Baltimore  upon  the  same,  in  three  conspicuous 
places,  and  any  person  using  a barrel  for  the  measurement 
of  peas,  beans  and  like  farm  products  when  sold  by  the 
bushel,  without  being  so  stamped,  shall  be  fined  not  less  penalty, 
than  one  hundred  dollars,  or  more  than  five  hundred  dollars; 

said  fine  to  be  collected  as  other  fines  are  now  collected.** 

1892,  ch.  486. 

534.  It  shall  be  the  duty  of  said  Inspector  of  Weights 

and  Measures  and  any  measurer  of  the  City  of  Baltimore,  inspection  by 
from  time  to  time  to  inspect  the  barrels  used  for  the  measure-  wS  t^and 
ment  of  said  peas,  beans  and  other  farm  products,  and 
to  see  that  the  provisions  of  this  sub-divison  of  this  Article 
are  complied  with ; and  upon  the  conviction  of  any  person 
or  corporation  under  the  provisions  of  this  sub-division  of 
this  Article,  one-half  of  the  fine  imposed  shall  be  paid  to  Penalty, 
said  Inspector  of  Weights  and  Measures  of  the  City  of 
Baltimore. 

Coal. 

1880,  ch.  382.  P.  E.  E.,  (1888)  Art.  4,  Sec.  428. 

535.  Every  person  dealing  in  or  selling  mineral  coal 
within  the  City  of  Baltimore  shall  have  scales  of  suitable 
capacity  attached  to  the  premises  occupied  by  him ; any 
neglect  upon  the  part  of  the  dealer,  seller  or  owner  of  coal  p™vided  by 
yards  or  wharves  that  are  used  for  the  sale  of  coal,  to 

have  the  said  scales  placed  within  the  aforesaid  yards  or 
wharves,  shall  be  subject  to  a penalty  of  ten  dollars  for 
each  and  every  offence,  to  be  recovered  by  indictment  and 
paid  to  the  Comptroller  of  Baltimore  City. 


1880,  ch.  382.  P.  E.  E.,  (1888)  Art.  4,  Sec.  429. 

536.  If  any  owner  of  a cart  or  other  vehicle  used  for 
hauling  coal  in  the  City  of  Baltimore  shall  neglect  to  have 


‘*Note. — Note  provisions  of  Act,  1906,  ch.  331. 


338 


MISCKI.I.ANKOUS  LOCAI,  LAWS. 


Coal  to  be 
weighed. 


Penalty. 


Duty  of  police- 
men. 


Seller  to  pro- 
vide memo- 
randum of 
weight. 


such  coal  weighed  upon  the  scales  named  in  the  preceding 
section,  or  if  any  dealer  or  seller  shall  sell  the  aforesaid 
coal  to  any  cart,  wagon  or  other  vehicle,  without  being  so 
weighed,  he  shall  be  subject  to  a penalty  of  ten  dollars  for 
each  and  every  offence,  to  be  recovered  by  indictment  and 
to  be  paid  to  the  Comptroller  of  the  City  of  Baltimore. 


1880,  ch.  382.  P.L.  I..,  (1888)  Art.  4,  Sec.  430. 

537.  It  shall  be  the  duty  of  any  policeman  of  Baltimore 
City,  when  called  for  by  the  purchasers  or  any  interested 
person,  or  when  such  officer  has  reason  to  believe  any  cart, 
wagon  or  other  vehicle  on  the  street  or  road  containing 
coal  has  not  the  proper  weight,  to  take  such  cart,  wagon 
or  other  vehicle  to  the  nearest  State  or  available  private 
scale  and  have  it  weighed  ; and  the  party  so  weighing  shall 
give  a sworn  certificate  of  the  weight ; and  the  seller  of 
said  coal  shall  not  make  any  additional  charge  for  hauling 
said  coal  to  any  scales  to  be  weighed  ; and  if  the  driver  of 
said  cart  or  other  vehicle,  or  the  owner  thereof,  shall 
refuse  to  drive  said  cart  or  other  vehicle  to  said  scales  to 
be  weighed  as  aforesaid,  such  driver  or  owner  so  refusing 
shall  be  fined  the  sum  of  five  dollars,  to  be  recovered  by 
indictment  and  paid  to  the  Comptroller  of  Baltimore  City. 


1880,  ch.  382.  P.  L.  L.,  (1888)  Art.  4,  Sec.  431. 

1900,  ch.  524. 

638.  It  shall  be  the  duty  of  every  seller  of  coal  to  send 
with  each  and  every  load  of  coal  sold  by  him  a card  or 
ticket,  which  shall  indicate  on  its  face  in  plain  characters 
the  seller^s  name,  the  date,  the  weight  of  coal  contained 
in  the  cart,  wagon  or  other  vehicle  in  which  it  is  being 
transported  ; and  any  vendor  of  coal  violating  such  provi- 
sions, or  being  found  selling  or  delivering  any  load  of  coal 
without  such  card  or  ticket,  shall  be  liable  to  a fine  of  not 
less  than  five  dollars,  nor  more  than  ten  dollars  for  each 
and  every  offence,  to  be  recovered  and  appropriated  as 
provided  in  the  preceding  section ; provided,  however, 
that  two  per  centum  shall  be  allowed  in  the  weight  of  the 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


339 


coal  in  the  said  cart,  wagon  or  other  vehicle  for  variation 
of  scales  ; and  provided,  further,  that  nothing  in  this  Sec- 
tion contained  shall  apply  to  sales  of  coal  by  manifest 
weight  in  car  or  cargo  lots. 


1880,  ch.  382. 

539.  A compensation  of  twenty-five  cents  per  ton  shall  weffhing 
be  paid  to  the  parties  weighing  the  coal  under  the  fore- 
going  section,  said  sum  for  weighing  to  be  paid  by  the 
seller,  if  the  coal  is  deficient  in  weight,  otherwise  to  be 
paid  by  the  purchaser. 


1900,  ch.  650. 

539  A.  The  Board  of  Police  Commissioners  shall  order 
the  detail  of  one  policeman  from  each  of  the  eight  districts  policeman  to 
of  the  City  (but  one  only  at  a time,  and  the  said  policeman  haw. 
so  appointed  shall  not  serve  continuously) , and  each  dis- 
trict changing  alternately  with  the  others  for  such  time  as 
the  judgment  of  the  Marshall  shall  determine.  Such 
policemen  shall  be  charged  with  the  duty  of  enforcing  the 
Coal  Law  for  the  benefit  of  the  public  and  specially  watch- 
ing the  delivery  of  mineral  coal  by  carts,  wagons  or  other 
vehicles,  and  he  shall  be  empowered  with  authority  to 
weigh  any  cart,  wagon  or  other  vehicle  loaded  with  coal  at 
any  time  he  may  elect  to  do  so. 


1880,  ch.  382.  P.  L.  E.,  (1888)  Art.  4.  Sec.  433. 

540.  The  provisions  of  this  sub-division  of  this  Article  Exceptions, 
shall  not  apply  to  the  sale  of  coal  by  single  bushel,  half 
bushel,  or  peck. 


Gas  Meters. 

1876,  ch.  356.  P.  E.  E.,  (1888)  Art.  4.  Sec.  434. 

541.  It  shall  be  the  duty  of  every  gas  company  manu- 
facturing, furnishing  and  selling  gas  in  the  City  of  Balti- 
more, to  place  upon  the  premises  of  every  consumer  using 


340 


MISCELIvANKOUS  eocae  eaws. 


Co.  to  install 
efficient 
meters. 


Overcharge 

prohibited. 


Consumer  of 
gas  may 
cause  meter 
to  be  tested. 


Rules  govern- 
ing tests  of 
meters. 


gas,  a correct  apparatus  or  meter  for  registering  the 
consumption  of  the  same,  and  it  shall  be  the  duty  of  the 
company  to  see  that  said  apparatus  or  meter  is  kept  in 
proper  working  order  and  condition. 

Blondell  v.  Consold.  Gas  Co.,  89  Md.  744. 


1876,  ch.  356.  P.  E.  E.,  (1888)  Art.  4,  Sec.  435. 

542.  It  shall  not  be  lawful  for  said  company,  under  any 
circumstances,  to  charge  or  collect  for  any  greater  amount 
of  gas  than  is  registered  by  said  apparatus  or  meter. 


1876,  ch.  356.  P.  E.  E.,  (1888)  Art.  4.  Sec.  436. 

543.  Any  consumer  may,  at  any  time,  cause  said 
apparatus  or  meter  to  be  tested  by  the  Superintendent  of 
Lamps  and  Lighting  or  one  of  his  Assistants,  who  shall 
make  said  test  in  the  presence  of  the  consumer  and  of  an 
agent  of  the  gas  company,  by  which  the  gas  may  be 
supplied,  if  desired,  and  shall  furnish  to  the  consumer  a 
certificate  under  oath  of  the  true  condition  and  working  of 
said  apparatus  or  meter  ; and  if  it  shall  be  found,  upon  any 
such  test,  that  said  apparatus  or  meter  is  registering  gas 
in  favor  of  said  company,  then,  in  the  absence  of  any  fraud 
upon  the  part  of  the  consumer,  the  said  company  shall 
refund  to  the  consumer  an  amount  in  lawful  money  equal 
to  the  percentage  that  the  said  apparatus  or  meter  has 
been  registering  too  fast,  upon  the  bills  of  said  consumer, 
registered  by  said  apparatus  or  meter,  for  the  four  months 
next  preceding  the  said  test,  unless  the  said  company  can 
prove  that  such  inspection  and  certificate  do  not  show  the 
correct  result ; and  in  case  such  refunding  does  take  place, 
the  said  company  shall  also  pay  the  expenses  incurred  in 
making  said  test. 


Gaugers  of  Casks  and  Liquors. 

1872,  ch.  264,  Sec.  1.  P.  E.  E.,  (1888)  Art.  4,  Sec.  437. 

544.  Any  citizen  of  the  State  of  Maryland,  on  applica- 
tion to  the  Clerk  of  the  Court  of  Common  Pleas  in  the  City 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


341 


of  Baltimore,  and  on  paying  one  hundred  dollars  to  the 
said  clerk,  shall  be  entitled  to  receive  a license  to  act  as  ifq^uorr^^ 
gauger  of  casks  and  liquors,  for  the  term  of  one  year  from 
the  date  thereof.  The  person  applying  for  said  license 
shall,  at  the  time  of  receiving  the  same,  take  and  subscribe 
before  said  clerk,  an  oath  that  he  will  honestly  and  faith- 
fully discharge  the  duties  of  said  office. 


1872.  ch.  264,  Sec.  2.  P.  L.  h.,  (1888)  Art.  4,  Sec.  438. 

545.  No  person  engaged  in  vending  or  trading  in  or 
manufacturing  casks  or  liquors  individually,  or  as  a 
partner,  or  as  agent,  clerk  or  employee  of  a trader,  vender  who^canno^ 
or  manufacturer  of  said  articles,  or  either  of  them,  or  any 
commissioned  officer,  shall  be  licensed  to  act  as  gauger  of 
casks  and  liquids. 


1872,  ch.  264,  Sec.  3.  P.  E.  E.,  (1888)  Art.  4,  Sec.  439. 

546.  Any  person  may  sell,  export  or  otherwise  dispose 
of  any  foreign  or  domestic  liquors  in  casks,  without  having  when, 
the  same  gauged  by  a licensed  gauger,  but  in  cases  of 
difference  between  the  buyer  and  seller  as  to  the  quantity, 
either  party  may  call  in  a gauger,  and  his  judgment  shall 
bind  the  parties. 


1872,  ch.  264,  Sec.  4.  P.  E.  E.,  (1888)  Art.  4,  Sec.  440. 

547.  The  gaugers  shall  procure  and  use  a correct  set  of 
gauging  instruments,  and  as  soon  as  they  have  ascertained  ^ . . 

tne  capacity  of  any  cask  they  shall  distinctly  mark  with  struments. 
marking  irons  the  capacity  on  the  bilge  near  the  bung,  and 
prefix  the  letter  M.,  for  the  State  of  Maryland,  and 
first  letter  of  the  surname  of  the  gauger  who  does  the  casks, 
gauging  ; and  any  cask  containing  such  liquor,  to  be  mer- 
chantable, must  be  round  at  the  bilge  and  heads,  the„  .. 
staves  thereof  to  be  seasoned  white  oak,  free  from  any  for  casks, 
injurious  portion  of  sap-wood,  and  not  less  than  half  an 
inch  thick  at  the  thinnest  part,  and  not  more  than  three- 
quarters  of  an  inch  at  the  thickest  part,  and  to  be  tight 


342 


MISCKLI.A.NKOUS  IvOCAI.  I,A\VS. 


Forfeiture  for 
fraud. 


Wine  measure 
to  be  em- 
ployed. 


Penalty  for 
eiror. 


Penalty  for 
false  mark- 
ing-. 


Gauger’s 

charges. 


and  secured  with  a sufficient  number  of  good  hoops;  if  of  iron, 
six  ; and  if  of  wood,  not  less  than  twelve  ; and  at  least  not 
less  than  twelve  on  all  double  barrels  and  hogsheads  ; and 
if  any  cask  containing  such  liquor  shall  be  found  deficient 
in  any  of  these  respects  by  said  gauger,  he  shall  direct  it 
to  be  coopered,  or  other  casks  substituted  therefor,  at  the 
expense  of  the  owner  or  seller  ; and  if  any  such  cask  shall 
be  fraudulently  made,  the  owner  or  seller  thereof,  or  his 
agent,  shall  forfeit  the  cask  to  the  use  of  the  State. 


1872,  ch.  264.  Sec,  5.  P.  h.  L.,  (1888)  Art.  4,  Sec.  441. 

548.  The  said  gaugers,  in  order  to  ascertain  the  capac- 
ity of  casks,  shall  conform  to  the  Baltimore  standard  of 
wine  measure  ; and  if  any  cask  or  vessel  gauged  or  marked 
by  said  gauger  shall  in  its  capacity  be  found  lacking  or 
exceeding  one  or  more  gallons  in  any  barrel,  or  two  or 
more  gallons  in  a cask  of  larger  size,  the  gauger  shall  , 

forfeit  and  pay  two  dollars  for  each  gallon  so  lacking  or  i 

exceeding  the  number  of  gallons  marked  by  him  on  the  ; 
cask.  ; 


1872,  ch.  264,  Sec.  6.  P.  L.  L.,  (1888)  Art.  4,  Sec.  442.  j 

549.  If  any  person  shall  alter  any  mark,  or  number  | 
marked  or  set  down  by  any  gauger,  thereby  to  deceive  and  j 
defraud  the  purchaser  of  distilled  spirits,  wine,  molasses  i 
or  other  liquid  merchandise  so  gauged  and  marked,  or  shall 
put  any  false  mark  or  number  on  said  cask,  or  upon  any 
certificate  intended  to  counterfeit  the  mark  or  number  of 
the  gauger,  he  shall  forfeit  and  pay  twenty  dollars  for  . 
every  offence,  one-half  to  the  informer  and  the  other  half 
to  the  use  of  the  State. 


1872,  ch.  264,  Sec.  7,  P.  L.  L.,  (1888)  Art.  4,  Sec.  443. 

550.  Every  gauger  so  licensed  shall  be  entitled  to 
demand  and  receive  from  the  person  at  whose  request  he  ( 
shall  gauge  any  cask,  the  following  fees,  to  wit : For 
gauging  casks  not  exceeding  forty  gallons,  ten  cents  per 
cask ; for  casks  of  larger  size,  fifteen  cents.  * 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


343 


1872,  ch.  264,  Sec.  8.  P.  L.  E.,  (1888)  Art.  4,  Sec.  444. 

551.  Any  person  not  being  properly  licensed,  who  shall  Gauging  with- 
act  as  gauger,  or  being  so  licensed  shall  act  as  said  gauger  outside  city 
outside  the  limits  of  the  said  City,  shall  forfeit  and  pay  to  penalty, 
the  Sheriff  of  the  City  the  sum  of  three  hundred  dollars  ; 
said  penalty  to  be  imposed  as  a fine  by  the  Criminal  Court, 
on  presentment  and  indictment  by  the  Grand  Jury  and 
conviction  in  due  course  of  law,  and  one-third  of  the  penalty 
shall  be  paid  by  the  Sheriff  to  the  informer,  and  the  resi- 
due shall  be  accounted  for  by  the  Sheriff  to  the  treasury  as 
other  fines ; if  any  person  so  licensed  shall  be  guilty  of  a 
fraud  by  reason  of  collusion  with  any  parties,  he  shall  be  Fraud  or  coi- 
deemed  guilty  of  misdemeanor,  and  shall,  on  presentment  gaugers, 
and  indictment  therefor,  and  conviction  thereof,  forfeit 
and  pay  a fine  of  not  less  than  five  hundred  dollars  or  more 
than  one  thousand  dollars  for  every  such  offence,  or  be 
imprisoned,  in  the  discretion  of  the  court,  for  a time  not 
exceeding  three  years,  or  both,  and  shall  also  be  liable  in 
damages  at  the  suit  of  the  party  aggrieved. 


Hay  and  Straw. 

P.  L.  E.,  (1860)  Art.  4,  Sec.  410.  1864,  ch.  33,9.  1867,  ch.  381. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  470. 

552.  The  Governor,  by  and  with  the  advice  and  consent  inspectors, 
of  the  Senate,  shall  biennially  appoint  four  inspectors  of 
hay  and  straw  for  the  City  of  Baltimore. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  411.  P.  E.  E.,  (1888)  Art.  4,  Sec.  471. 

553.  Each  of  said  inspectors  shall  give  bond  to  the  Bond. 
State  of  Maryland,  in  the  sum  of  two  thousand  dollars,  for 
the  true  and  faithful  performance  of  the  duties  of  his  office. 

P.  E.  E..  (1860)  Art.  4,  Sec.  412.  1861,  ch.  35.  1867,  ch.  381. 

P.  E.  E.,  (1888)  Art.  4.  Sec.  472.  1896,  ch.  375. 

554.  All  hay  and  straw  brought  to  the  City  of  Baltimore  weighing  of 
may  be  weighed  at  the  State  hay  scales  as  now  established 

by  law,  by  one  of  the  inspectors,  at  the  rate  of  one  hundred 


344 


MISCKIvI^ANKOUS  LOCAI.  IvAWS. 


Certificate  of 
Inspection. 


Charges. 


Penalty  for 
fraud  or  neg 
lect  of  ven- 
dor. 


Exceptions. 


pounds  to  the  hundred  weight,  making  a reasonable  allow- 
ance for  the  moisture  thereof,  as  well  as  the  mud  or  other 
substance  attached  to  the  wagon,  cart  or  sled  containing 
the  same. 


P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  415.  P.  L.  P.,  (1888)  Art.  4,  Sec.  474. 
1896,  ch.  375. 

555.  The  inspector  shall  give  a certificate  of  every  load 
of  hay  or  straw  weighed  by  him,  stating  the  gross  and  net 
weight  of  such  straw  or  hay,  and  wagon,  cart  or  sled. 


P.  Iv.  L.,  (1860)  Art.  4,  Sec.  413.  1882,  ch.  130. 

P.  Iv.  Iv.,  (1888)  Art.  4,  Sec.  473. 

556.  The  said  inspector  shall  be  entitled  to  demand  and 
receive  for  each  and  every  load  of  hay  and  straw  inspected 
by  him,  of  whatever  weight,  one  cent  per  hundred  weight; 
and  for  weighing  hemps,  cable,  anchors,  dye-woods,  barks, 
etc. , two  cents  per  hundred  pounds ; and  for  inspecting 
and  weighing  corn  in  the  ear  and  corn  husks,  one  cent  per 
hundred  pounds. 


P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  416.  P.  L.  Iv.,  (1888)  Art.  4.  Sec.  475. 

1894,  ch.  105.  1896,  ch.  375. 

557.  If  any  person  bringing  hay  or  straw  to  said  City 
shall  neglect  to  have  the  same  weighed  by  the  said  inspec- 
tor, or  shall  be  detected  in  having  stones,  rubbish,  wood 
or  anything  else  concealed  in  his  load,  or  shall  in  any  man- 
ner change  the  condition  of  his  cart,  wagon,  carriage  or 
sled,  with  fraudulent  intention,  he  shall  forfeit  and  pay 
■ for  each  and  every  such  offence  the  sum  of  five  dollars ; 
provided,  however,  any  person  bringing  hay  or  straw  to 
market,  who  shall  sell  and  deliver  the  same  for  consump- 
tion west  of  Gwynn’s  Falls,  shall  not  be  subject  to  the 
penalty  herein  recited  as  to  not  having  said  load  of  hay  or 
straw  weighed  by  the  weighmaster  at  the  western  hay 
scales,  provided  he  shall  tender  to  the  weigher  of  hay  and 
straw,  at  the  western  hay  scales,  on  the  day  of  delivery  of 
said  hay  or  straw,  such  fee  as  is  prescribed  by  law,  said 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


345 


fee  to  be  ascertained  by  the  certificate  of  the  person 
weighing  said  hay  or  straw ; and  when  said  certificate  of 
private  weigher  is  presented  to  the  weighmaster  of  hay 
and  straw  at  the  western  hay  scales,  the  said  weighmaster 
shall  retain  the  certificate  of  the  private  weigher,  and  issue 
to  the  person  presenting  the  certificate  from  the  private 
weigher,  a certificate  from  the  book  of  the  weighmaster  at  Certificate, 
the  western  hay  scales  corresponding  with  the  certificate 
of  the  private  weigher,  for  which  the  weighmaster  at  the 
western  hay  scales  shall  collect  the  fee  prescribed  by  law; 
any  seller  of  hay  or  straw  failing  to  comply  with  the  pro- 
visions of  this  section  or  failing  to  present  the  certificate 
of  the  private  weigher  to  the  weighmaster  at  the  western 
hay  scales,  shall  be  subject  to  a fine  of  five  dollars  for 
each  and  every  such  offence. 


1894,  ch.  105. 

558.  Any  private  weigher,  who  shall  under  a false 
certificate,  and  any  seller  of  hay  or  straw  who  shall  present 
a false  certificate  to  the  weigher  of  hay  and  straw  at  the  false  certifi- 
western  hay  scales,  shall  be  subject  to  a fine  of  five  dollars 
and  costs  for  each  and  every  such  offence. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  417.  P.  L-  L.,  (1888)  Art.  4,  Sec.  476. 

559.  If  any  person,  after  having  his  hay  or  straw 
weighed,  and  having  obtained  the  inspector’s  certificate, 
specifying  the  quantity  thereof,  shall  dispose  of  any  part 
thereof,  or  in  any  manner  diminish  the  same  in  quantity, 
thereby  to  defraud  or  deceive  the  purchaser  thereof,  he 
shall  forfeit  and  pay  for  every  such  offence  the  sum  of 
twenty  dollars. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  418.  P.  E.  L.,  (1888)  Art.  4,  Sec.  477. 

560.  The  said  inspectors  may  re- weigh  carts,  wagons,  Reweighingr 
carriages  or  sleds,  as  often  as  they  may  deem  expedient ; vehifies.*^ 
and  if  at  any  time  either  of  them  shall  be  required  to  do  so 
by  a purchaser  of  hay  or  straw,  and  it  shall  be  found  that 


346  MISCKI.I.ANEOUS  EOCAE  EAWS. 

his  report  of  the  weight  of  the  cart,  wagon,  carriage  or 
sled  is  correct,  the  person  requiring  the  same  shall  pay 
twenty  cents  to  said  inspector ; in  other  cases  the  re- 
weighing shall  be  free  of  charge. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  419.  P.  E.  E.,  (1888)  Art.  4,  Sec.  478. 

561.  The  said  inspector  shall,  at  all  times  when  re- 

^othli^rticies  weigh  hemps,  cables,  anchors,  dye-woods,  barks, 

roots,  etc. 

1864,  ch.  384.  F.  E.  E.,  (1888)  Art.  4,  Sec.  479. 

562.  In  addition  to  the  charge  hereinbefore  authorized 

Additional’  State  hay  scales,  the  inspector  shall  be 

charges.  entitled  to  demand  and  receive  fifteen  cents  for  each  and 
every  load  of  hay  or  straw  which  shall  remain  half  an  hour 
on  the  premises  after  the  weighing  thereof,  but  shall  be 
removed  before  night,  and  thirty  cents  for  each  and  every 
load  which  shall  be  left  on  the  premises  until  the  next 
morning. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  421.  P.  E.  E.,  (1888)  Art.  4,  Sec.  480. 

563.  The  weighing  apparatus  shall  be  adjusted  at  least 
once  in  six  months  by  the  standard  of  weights  for  the  City 

^scSiei”^  of  Baltimore,  the  expenses  of  which,  together  with  all  the 
expense  for  repairs,  shall  be  paid  by  the  inspectors. 

1864,  ch.  384.  P.  E.  E.,  (1888)  Art.  4,  Sec.  481. 

Account  to  564.  The  inspectors  shall  severally  account  for,  under 
Treasurer,  p^y  Treasurer,  quarterly,  all  moneys 

received  by  them  as  inspectors,  after  retaining  for  their 
services  three-fourths  of  all  moneys  received  under  sec- 
tions 556  and  560,  and  one-fifth  of  all  moneys  received 
under  section  562  of  this  Article. 

1867,  ch.  241.  P.  E.  E.,  (1888)  Art.  4,  Sec.  482. 

565.  It  shall  be  the  duty  of  the  inspector  of  hay  and 
straw  having  charge  of  the  eastern  hay  scales  at  Canton, 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


347 


in  the  City  of  Baltimore,  to  weigh  all  cattle  and  hogs  re- 
quired  by  law  to  be  weighed,  which  may  be  brought  to 
said  scales  for  that  purpose ; and  the  said  inspector  shall 
be  entitled  to  demand  and  receive  for  the  use  of  the  State, 
for  the  first  time  of  weighing  any  livestock,  except  sheep, 
required  by  law  to  be  weighed,  two  cents  for  every  hun- 
dred  weight,  and  one  cent  per  head  for  every  sheep  ; and 
for  every  second  and  subsequent  weighing,  for  cattle  and 
hogs,  two  cents  for  every  thousand  weight,  and  sheep,  one 
cent  for  every  thousand  weight,  and  all  live-stock  not  re- 
quired to  be  weighed,  the  sum  of  six  cents  for  every 
thousand  weight. 


1867,  ch.'241.  P.  L.  E.,  (1888)  Art.  4,  Sec.  483. 

566.  He  shall  keep  a full  record  of  all  weights  as 
ascertained  and  determined  by  him,  of  what,  and  for  whom 
the  same  may  be  ascertained  and  determined,  and  all 
money  received  by  him  for  weighing  live-stock,  and  all  Record  of 
expenditures  and  disbursements,  in  books  to  be  provided  mone^ylto”be 
for  him  for  that  purpose,  which  books  shall  belong  to  the 
State,  and  shall  at  all  times  be  subject  to  the  inspection 
and  order  of  the  Comptroller  ; and  he  shall,  at  the  expira- 
tion of  every  six  months,  or  within  five  days  thereafter, 
upon  his  oath,  taken  before  a Justice  of  the  Peace  for  said 
City,  make  a full  statement  of  all  receipts  for  weighing 
all  live-stock  weighed  by  him  for  the  six  months  imme- 
diately preceding  said  statement,  and  from  whom  received, 
and  all  disbursements  by  him  made  to  the  Comptroller ; 
and  if  the  balance  in  the  hands  of  said  inspector  for 
weighing  live-stock  for  said  six  months  shall  exceed  the 
sum  of  two  hundred  dollars,  he  shall  pay  the  excess  into  compensation 
the  Treasury;  but  if  there  be  no  excess  over  and  above 
two  hundred  dollars,  after  deducting  all  necessary  ex- 
penses for  receipts  for  weighing  live-stock,  the  said 
inspector  shall  retain  the  balance  as  compensation  for  his 
services  for  weighing  such  live-stock. 


348 


MISCEI.LANEOUS  EOCAE  EAWS. 


Impounding 

live-stock. 


Inspector’s 

neglect. 


Penalty. 


Additional 

bond. 


1867,  ch.  241.  P.  E.  E.,  (1888)  Art.  4,  Sec.  484. 

567.  Upon  failure  and  refusal  of  any  agent  or  owner 
of  live-stock  to  pay  for  weighing  the  same  he  may  impound 
any  number  of  live-stock  he  may  deem  necessary  to  cause 
such  fees  to  be  paid  ; provided,  no  injury  be  done  to  said 
stock  by  confining  them  as  aforesaid,  and  that  they  be 
delivered  to  the  owner  or  agent  upon  payment  of  all  just 
and  proper  charges. 


1867,  ch.  241.  P.  E.  E.,  (1888)  Art.  4,  Sec.  485. 

568.  If  the  inspector  shall  neglect  or  delay  to  weigh  or 
cause  to  be  weighed  any  live-stock  brought  to  said  scales 
for  the  purpose  of  being  weighed,  for  a time  not  exceeding 
twenty-four  hours  after  he  shall  have  been  requested  to 
weigh  the  same,  he  shall  forfeit  and  pay  to  the  owner  of 
such  live-stock  or  his  agent  the  sum  of  ten  cents  an  hour 
upon  each  and  every  head  thereof  for  so  many  hours  as  he 
shall  omit  or  neglect  to  weigh  the  same,  over  and  above 
the  term  of  twenty-four  hours,  Sunday  excepted,  to  be 
recovered  in  an  action  of  debt  before  a Justice  of  the 
Peace,  with  costs. 


1870,  ch.  256.  P.  E.  E.,  (1888)  Art.  4,  Sec.  486. 

569.  The  said  inspector  of  hay  and  straw  shall  execute 
a bond  to  the  State  in  addition  to  the  bond  now  provided 
by  law  to  be  given  by  said  inspector,  to  be  approved  by 
the  Comptroller,  in  the  penal  sum  of  one  thousand  dollars, 
conditioned  for  the  full  performance  of  all  acts  and  things 
required  by  him  as  weigher  of  live-stock  at  said  scales,  and 
to  pay  all  damages  that  may  be  sustained  by  reason  of 
wilful  omission,  refusal  or  neglect  to  discharge  said  duties; 
which  bond  shall  be  filed  with  the  State  Comptroller ; but 
said  inspector  or  weigher  of  hay  and  straw  shall  be  charge- 
able with  the  payment  of  a tax  of  ten  dollars,  and  no  more, 
for  his  commission. 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


349 


P.  L.  L.,  (I860)  Art.  4,  Sec.  423.  P.  h.  L-,  (1888)  Art.  4,  Sec.  487. 

570.  All  fines  and  forfeitures  imposed  under  sections 
557  to  559  may  be  recovered  with  costs  in  the  name  of  the 
State,  before  a Justice  of  the  Peace  in  the  manner  that  fines, 
small  debts  are  recovered  ; one-half  to  the  informer  and 
the  other  half  to  the  use  of  the  State. 


Manure. 

P.  L.  L.,  (I860)  Art.  4,  Sec.  489.  P.  E.  E.,  (1888)’Art.  4,  Sec.  507. 

571.  A cart  load  of  manure  shall  contain  forty  cubic  cart  load, 
feet. 


Steam  Boilers. 

1872,  ch.  153.  P.  E.  E.,  (1888)  Art.  4.  Sec.  509. 

572.  The  Governor  shall  biennially  appoint  two  suitable 
persons  who  are  well  skilled  in  the  construction  and  use  of 
steam  engines  and  boilers,  and  in  application  of  steam  there- 
to, whose  duty  it  shall  be  to  inspect  steam  boilers  in  the  City  inspectors, 
of  Baltimore,  as  hereinafter  specified  and  directed ; said 
inspectors  before  entering  on  their  duties,  shall  make  oath 
before  a Justice  of  the  Peace,  that  they  will  faithfully 
perform  the  duties  of  their  office  without  fear,  partiality 
or  favor  ; that  they  are  not,  and  will  not  during  their  term 
of  office,  be  connected  with,  or  interested  in  the  manufac- 
ture of  steam  boilers,  engines  or  machinery  applicable 
thereto,  and  that  they  will  not  during  their  term  of  office, 
accept  any  money,  gift,  gratuity  or  consideration  from  any 
person,  and  shall  give  bond,  to  be  approved  by  the  State 
Comptroller,  in  the  sum  of  five  thousand  dollars  each,  for 
the  faithful  discharge  of  their  duties. 


1872,  ch.  153.  P.  E.  E.,  (1888)  Art.  4,  Sec.  510. 

573.  The  City  of  Baltimore  is  divided  into  two  districts, 
which  shall  be  known  as  the  first  and  second  steam  boiler 
inspection  districts  ; the  first  district  shall  embrace  what  is 
now  known  as  the  Eastern,  Northeastern  and  Southern 


350  MISCKIvIvANKOUS  locai,  i^aws. 

Police  Districts ; the  second  shall  embrace  what  is  now 
known  as  the  Central,  Western,  Northwestern  and  South- 
western Police  Districts  of  said  City  ; and  the  Governor  in 
appointing  the  inspectors  shall  assign  each  to  his  respective 
district. 


1872,  ch.  153.  P.  Iv.  L.,  (1888)  Art.  4,  Sec.  511. 

574.  The  inspectors,  before  entering  on  the  discharge 
of  their  duties,  shall  provide  themselves  with  an  office  in 
a central  part  of  said  City,  also  with  the  necessary  appara- 
tus and  appliances  for  the  testing  of  steam  boilers ; and 
they  shall  give  notice  for  three  successive  days,  through 
the  two  daily  papers  having  the  largest  circulation  in  said 
City,  of  the  time  and  manner  in  which  they  shall  receive 
the  reports  of  the  locations  of  steam  boilers. 


1872,  ch.  153.  P.  L.  L.,  (1888)  Art.  4,  Sec.  512. 

Owner  to  re-  ^75,  Every  owner  or  renter  using  a steam  boiler  in  said 
Sf  City,  shall,  within  ten  days  after  the  publication  of  the 

aforesaid  notice,  report  to  the  inspector  of  the  district  the 
location  of  such  boiler,  under  a penalty  of  fifty  dollars  for 
each  day  a boiler  is  used  and  neglected  to  be  reported. 


Penalty. 


Notice  of  in- 
spection. 


1872,  ch.  153.  P.  Iv.  Iv.,  (1888)  Art.  4,  Sec.  513. 

576.  The  inspector  of  each  district  shall  give  six  days^ 
notice  in  writing  to  each  owner  or  renter  of  a steam  boiler, 
or  the  engineer  or  person  in  charge,  of  the  time  when  he 
will  inspect  such  boiler ; and  such  owner  or  renter  shall 
have  such  boiler  ready  for  inspection,  in  compliance  with 
the  requirements  of  said  notice,  and  shall  furnish  such 
assistance  as  the  inspector  may  require,  under  a penalty  of 
fifty  dollars  for  such  failure  or  neglect,  and  a further  pen- 
alty of  fifty  dollars  for  each  day  any  such  boiler  is  used 
without  a certificate  of  inspection. 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


351 


1872,  ch.  153.  P.  E.  E.,  (1888)  Art.  4,  Sec.  514. 

577.  It  shall  be  the  duty  of  each  inspector,  once  at 
least  in  every  year,  to  inspect  all  stationary  steam  boilers  Annual  in- 
of  three  horse  power  and  upwards,  used  within  the  limits  sp^ction. 
of  his  district,  subjecting  them  to  a hydrostatic  test  of  at 
least  twenty-five  per  cent,  in  excess  of  the  steam  pressure 
allowed,  and  satisfy  himself,  by  a thorough  external  and 
internal  examination,  (if  possible)  with  a hammer,  that  specifications 
the  boilers  are  free  from  danger  from  corrosion  or  other 
defects,  are  well  made  of  good  material,  the  openings  for 
the  passage  of  water  and  steam,  respectively,  and  all  pipes 
and  tubes  exposed  to  heat  are  of  proper  dimensions,  and 
free  from  obstruction ; that  the  flues  and  tubes  if  any 
are  circular  in  form,  the  furnaces  in  proper  shape,  and  the 
fire  line  of  the  furnaces  is  at  least  two  inches  below  the 
minimum  water  line  of  the  boilers  ; and  shall  also  satisfy 
himself  that  the  safety  valves  are  of  suitable  dimensions, 
sufficient  in  number  and  well  arranged,  and  that  the 
weights  are  properly  adjusted  so  as  to  allow  no  greater 
pressure  in  the  boiler  than  the  amount  prescribed  in  the 
certificate  of  inspection;  that  there  is  a sufficient  number  of 
gauge-cocks,  a steam  gauge,  a coupling  cock  in  suitable 
position  for  attaching  the  hydrostatic  test,  that  means  for 
blowing  out  are  provided,  so  as  to  thoroughly  remove  the 
mud  and  sediment  from  all  parts  of  the  boilers  when 
they  are  under  the  pressure  of  steam,  and  that  fusible 
metals  are  properly  inserted  so  as  to  fuse  by  the  heat  of 
the  furnaces  when  the  water  in  the  boilers  shall  fall  below 
the  prescribed  limits,  and  that  adequate  and  certain  pro- 
vision is  made  for  an  ample  supply  of  water  at  all  times  ; 
when  the  inspection  is  completed  and  the  inspector  approves  certificate  of 
the  boiler,  he  shall  make  and  subscribe  a certificate  of 
inspection,  stating  the  condition  of  the  boiler,  the  number 
of  years  or  months  it  has  been  in  use,  and  the  pressure  of 
steam  allowed  ; and  no  greater  pressure  than  that  allowed 
by  the  certificate  shall  be  applied  to  such  boiler.  In  limit- 
ing pressure,  whenever  the  boiler  under  test  will,  with 
safety,  bear  the  same,  the  limit  desired  by  the  owner 
shall  be  the  one  certified  ; and  such  certificate  of  inspection 
shall  be  framed  under  glass,  and  kept  in  some  conspicuous 


352 


MISCELI.ANEOUS  LOCAE  LAWS. 


Quarterly  ex- 
amination. 


Revocation  of 
certificate. 


Penalty. 


place  on  the  premises  where  said  boiler  referred  to  is  used  * 
and  if  the  inspector  shall  deliver  or  cause  to  be  delivered 
to  the  owner  or  renter  of  any  boiler  a certificate  of  inspec- 
tion without  having  first  subjected  the  said  boiler  to  the 
tests  as  herein  provided,  he  shall  forfeit  his  bond,  and 
upon  conviction  shall  be  removed  from  office  by  the 
Governor. 


1872,  ch.  153.  P.  E.  E,,  (1888)  Art.  4,  Sec.  515. 

578.  In  addition  to  the  annual  inspection,  it  shall  be 
the  duty  of  the  inspector  to  examine  all  boilers  within  the 
limits  of  their  respective  districts  once  at  least  in  every 
three  months  and  if  deemed  necessary,  apply  the  hydrostatic  . 
test ; and  if  on  such  examination  the  inspector  shall  find  . 
evidence  of  deterioration  in  strength,  he  shall  revoke  the  ; 
certificate  and  issue  another,  assigning  a lower  rate  of  i 
pressure  ; and  if  the  defect  be  of  such  character  as  to  make 
the  boiler  dangerous,  the  inspector  shall  notify  the  owner  i 
or  renter  in  writing,  stating  in  the  notice  what  is  required,  • 
and  order  the  use  of  the  boiler  discontinued  until  the  ; 
necessary  repairs  are  made  ; and  if  he  considers  it  beyond 
repair,  he  shall  condemn  it ; and  if  the  owner  or  renter  | 
shall  refuse  or  neglect  to  comply  with  the  requirements  of  { 
the  inspector,  and  shall,  contrary  thereto,  and  while  the  \ 
same  remains  unreversed,  use  the  boiler,  he  shall  be  liable  j 
to  a penalty  of  not  less  than  one  hundred  dollars  for  each  j 
day  such  boiler  is  used,  and  in  addition  thereto  shall  be  | 

liable  for  any  damage  to  persons  or  property  which  shall 
occur  from  any  defects,  as  stated  in  the  notice  of  the 
inspector. 


1872,  ch.  153.  P.  E.  E.,  (1888)  Art.  4,  Sec.  516. 

579.  Any  owner  or  renter  of  a boiler,  who  shall  con- 
sider himself  aggrieved  by  the  action  of  the  inspector, 
under  the  provisions  of  the  preceding  section,  may,  within 
ten  days  after  such  inspection,  notify  the  inspector  of  the 
fact,  and  demand  a re-examination  of  the  said  boiler  ; the 
owner  or  renter  shall  select  a practical  engineer,  who,  with 
the  inspector,  shall  select  a third  person,  skilled  in  the 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


353 


manufacture  and  use  of  steam  boilers,  which  said  two 
persons,  after  taking  an  oath  as  reviewers,  shall,  together 
with  the  inspector,  carefully  examine  the  said  boiler,  and 
the  decision  of  any  two  of  these  shall  be  final  ; should  the 
decision  of  the  inspector  be  sustained,  the  said  owner  or 
renter  shall  pay  the  expense  of  such  review  ; but  should  it  R^examina- 

i_  1 • in  reviewers. 

be  reversed,  the  inspector  shall  restore  the  certificate,  and 
the  expense  of  the  review  shall  be  paid  by  the  State ; 
such  reviewers  shall  receive  five  dollars  for  each  day  or 
part  of  a day  they  are  engaged  in  making  such  review. 

1872,  ch.  153.  P.  L.  E.,  (1888)  Art.  4,  Sec.  517. 

580.  Any  person  erecting  or  using  a steam  boiler 
without  having  the  same  inspected  by  the  inspector  of  the 
district  in  which  the  said  boiler  is  located,  shall  pay  a fine 
of  one  hundred  dollars,  and  fifty  dollars  for  each  day  any 
such  boiler  is  used  without  being  inspected  ; and  any  per-  Penalty  for  use 
son  who  shall  alter  or  change  a steam  guage  or  weight  on  rpe?t°Sn.'“‘ 
a safety  valve  for  the  purpose  of  carrying  a greater 
pressure  of  steam  on  a boiler  than  that  allowed  by  the 
certificate  of  inspection,  shall  be  liable  to  a fine  of  five 
hundred  dollars ; and  any  owner  or  renter  of  a steam 
boiler  who  shall  neglect  or  refuse  to  place  his  certificate  of 
inspection  on  the  premises,  as  prescribed  in  Section  577 
hereof,  shall  pay  a fine  of  five  dollars  for  each  day’s 
refusal  or  neglect. 


1872,  ch.  153.  P.  E.  E.,  (1888)  Art.  4,  Sec.  518. 

581.  The  inspector  shall  have  power  to  examine  the 
engineers  and  assistants  in  charge  of  boilers,  and  if  any 
engineer  or  assistant  is  found  incompetent  or  addicted  to  Examination 
intemperance,  the  inspector  shall  notify  the  owner  or  rent- 

er,  and  withdraw  the  certificate  of  inspection  until  such 
engineer  or  assistant  is  displaced. 

1872,  ch.  153.  P.  E.  E.,  (1888)  Art.  4,  Sec.  519. 

582.  Before  issuing  any  certificate  of  inspection,  the 
inspector  shall  demand  and  receive  from  the  owner  or 


354 


MISCKLI.ANEOUS  EOCAE  EAWS. 


Fees  for  in- 
spection. 


Inspectors’ 
records  and 
accounts. 


Salary. 


Foregoing  not 
to  conflict 
with  ordi- 
nances of 
and  C.  C. 


Steam  boiler 
insurance 
companies. 


renter  of  the  boiler,  as  a compensation  for  the  inspection, 
and  the  examinations  to  be  made  during  the  year  as  here- 
inbefore provided,  the  following  sums  : For  every  boiler 
of  ten  horse-power  or  less,  five  dollars  ; when  the  boiler  is 
above  ten  horse-power,  five  dollars  for  the  first  ten,  and 
twenty-five  cents  additional  for  each  horse-power  in  excess 
of  that  number. 


1872,  ch.  153.  P.  E.  L.,  (1888)  Art.  4,  Sec.  520. 

583.  It  shall  be  the  duty  of  each  inspector  to  keep  a 
correct  record  of  the  locations  of  all  boilers  in  his  district, 
when  each  boiler  was  inspected,  the  condition  of  the  same 
at  the  time  of  inspection,  the  instructions  given  to  the  en- 
gineers in  charge,  the  certificates  issued,  the  amount  of 
steam  pressure  allowed  in  each  certificate,  and  the  boilers 
condemned  or  ordered  to  be  repaired  ; also  a correct  ac- 
count of  all  money  received  or  paid  out ; and  they  shall 
report  the  same  annually  to  the  State  Comptroller. 

1874,  ch.  96.  P.  E.  E.,  (1888)  Art.  4,  Sec.  521. 

584.  The  inspectors  shall  receive  an  annual  salary  of 
fifteen  hundred  dollars  each;  and  all  moneys, collected, after 
deducting  the  necessary  incidental  expenses  of  the  office, 
shall  be  paid  over  to  the  Treasurer  of  the  State. 


1872,  ch.  153.  P.  E.  E.,  (1888)  Art.  4,  Sec.  522. 

585.  Nothing  in  this  sub-division  of  this  Article  shall 
conflict  with  the  ordinance  of  the  Mayor  and  City  Council 

■ of  Baltimore  which  requires  their  permission  for  the  erec- 
tion of  steam  boilers  in  that  City. 

1886,  ch.  503.  P.  E,  E.,  (1888)  Art.  4,  Sec.  523. 

586.  Every  steam  boiler  insurance  company  doing  bus- 
iness in  this  State  shall  have  a resident  inspector,  whose 
duty  it  shall  be  to  make  inspections  of  steam  boilers  sub- 
mitted for  insurance  to  such  steam  boiler  insurance 
company  ; and  any  owner  or  renter  of  a steam  boiler  who 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


355 


has  the  same  insured  in  a steam  boiler  insurance  company 
doing  business  in  this  State,  in  compliance  with  the  laws 
thereof,  and  having  a resident  inspector  and  an  established 
system  of  inspection,  must  immediately  after  the  first 
annual  inspection  in  each  year  by  such  resident  inspector 
of  such  steam  boiler  insurance  company,  present  to  the 
State  inspector  of  the  district  in  which  the  said  steam  boil- 
ers are  located,  the  certificate  of  inspection  of  the  said 
company  ; and  the  said  company  shall  be  charged  and 
chargeable  with  a fee  of  one  dollar  for  each  and  every  boiler 
so  inspected  and  insured,  which  shall  be  paid  to  the  State 
Inspector  with  such  certificate  ; provided,  that  when  there 
is  more  than  one  steam  boiler  belonging  to  the  same  owner 
or  renter  so  insured,  then  the  fee  so  chargeable  to  the  in- 
surance company  shall  be  one  dollar  per  boiler  for  the 
first  five,  and  one  dollar  for  each  additional  five  or  fraction 
thereof  over  and  above  the  first  five  ; and  upon  the  accept- 
ance of  the  provisions  of  this  section  by  the  owner  or 
renter  of  said  steam  boiler,  the  said  owner  or  renter  shall 
be  exempted  from  the  requirements  of  this  sub-division  of 
this  Article. 


1872,  ch.  151.  P.  Iv.  Iv.,  (1888)  Art.  4.  Sec.  524. 

587.  If  either  inspector  neglects  to  discharge  his  duties  inspector’s 
as  prescribed  in  this  sub-division  of  this  Article,  he  shall 
forfeit  his  bond,  and  shall  be  removed  from  office  by  the 
Governor. 


1872,  ch.  151.  P.  E.  E.,  (1888)  Art.  4,  Sec.  525. 

588.  The  Governor  shall  fill  all  vacancies  that  may  , 

Vacancies. 

occur  as  soon  as  possible. 


1872,  ch.  151.  P.  E.  E.,  (1888)  Art.  4,  Sec.  526. 

589.  All  fines  and  penalties  imposed  in  this  sub-division  Recovery  of 
of  this  Article  shall  be  recoverable  by  indictment  before 
the  Criminal  Court  of  Baltimore,  or  before  any  Justice  of 
the  Peace  of  said  City,  in  the  name  of  the  inspector,  for 
the  benefit  of  the  State. 


356 


MISCEIvIvANKOUS  EOCAE  EAWS. 


Measurer. 


Duties. 


Certificates. 


Cord  Measure. 


Wood  Carts. 

1878,  ch.  183.  P.  L.  E.,  (1888)  Art.  4,  Sec.  527.  1894,  ch.  313. 

590.  The  Governor  shall  biennially  appoint,  by  and 
with  the  consent  of  the  Senate,  one  competent  person, 
whose  duty  it  shall  be  to  measure  and  stamp  all  carts  or 
vehicles  engaged  in  hauling  cord  wood  from  wharf  and 
yard  within  the  corporate  limits  of  the  City  of  Baltimore  ; 
and  it  shall  further  be  the  duty  of  the  said  measurer  to 
measure  and  stamp  all  carts  or  vehicles  engaged  in  hauling 
sawed  and  split  wood  for  the  purpose  of  selling  the  same 
within  the  corporate  limits  of  the  City  of  Baltimore ; the 
said  measurer  shall  have  power  to  appoint  deputies  if  he 
shall  find  it  necessary  to  facilitate  the  work  ; and  he  or  his 
assistants  shall  give  certificates  to  the  owners  of  said  carts 
or  vehicles,  which  shall  hold  good  for  one  year  from  date  ; 
all  such  certificates  shall  terminate  on  the  first  day  of  May, 
annually,  and  shall  be  applied  for  on  said  day,  or  within 
thirty  days  thereafter ; and  in  all  cases  where  said  certifi- 
cate shall  not  have  been  renewed  within  the  thirty  days 
aforesaid,  a new  certificate  shall  be  necessary,  to  be  dated 
and  paid  for  from  the  first  day  of  May,  as  in  case  of 
renewal,  unless  some  repairs  or  alteration  be  necessary  to 
change  the  same,  for  which  services  he  shall  receive  the 
sum  of  one  dollar  for  each  cart  or  vehicle  so  inspected  and 
marked  by  him,  to  be  paid  by  the  party  at  whose  request 
the  services  were  performed  ; the  said  measurer  or  his 
deputies  shall  be  in  no  way  interested  as  clerks,  or  other- 
wise engaged  in  the  purchase  or  sale  of  fire-wood,  other 
than  for  their  own  use. 


1894,  ch.  313. 

591.  It  shall  be  unlawful  for  any  person,  in  either 
purchasing  or  selling  seasoned  cord  wood  in  quantities  of 
not  less  than  one-half  cord  at  any  one  time,  to  measure  and 
settle  for  the  same,  except  on  the  basis  of  one  hundred  and 
twenty-eight  cubic  feet  to  each  cord  of  wood  ; and  the  said 
contents  of  a cord  of  wood  shall  be  ascertained  by  lineal  or 
outside  measurement,  as  follows : It  shall  be  eight  feet 
long,  four  feet  high  and  four  feet  wide 


INSPECTIONS,  WEIGHTS  AND  MEASURES. 


357 


1894,  ch.  313. 

592.  Any  person  violating  the  provisions  of  the  pre- 
ceding section,  shall  be  deemed  guilty  of  a misdemeanor,  ^shorTmeas- 
and  upon  conviction  thereof  shall  be  subject  to  a fine  of 
not  less  than  fifty  nor  more  than  one  hundred  dollars,  one- 
half  to  go  to  the  informer. 


1876,  ch.  46.  P.  E.  L.,  (1888)  Art.  4,  Sec,  528. 

593.  The  said  measurer  and  his  deputies,  before  enter- 
ing upon  their  duties  of  office,  shall  take  the  following  oath  oath, 
or  affirmation,  as  the  case  may  be,  before  some  Justice  of  the 
Peace  : “I  do  solemnly  swear  (or  affirm)  that  I will  faith- 

fully, truly  and  impartially,' according  to  the  best  of  my 
skill  and  judgment,  execute  and  perform  the  office  and 
duty  of  measurer  of  carts  according  to  the  true  intent 
and  meaning  of  this  sub-division  of  this  Article,  so  help 
me  God. 


1878,  ch.  183.  P.  E.  E.,  (1888)  Art.  4,  Sec.  529.  1894,  ch.  313. 

594.  Said  measurer  shall  locate  himself  in  some  suitable 
section  of  the  City,  where  he  can  be  found,  where  the 
greatest  quantity  of  wood  is  for  sale  ; he  shall  plainly  mark, 
by  a brand  on  the  standards  of  each  side  of  said  carts  or  Mark  on  carts, 
vehicles,  in  such  a manner  as  that  the  purchaser  or  con- 
sumer of  fire-wood  may  see  the  quantity  contained  in  each 
eighth,  quarter,  half  or  cord  of  wood  so  purchased  by  him, 
the  standard  of  measurement  to  be  one  hundred  and 
twenty-eight  cubic  feet  to  the  cord  of  well  stored  and  pack- 
ed cord  wood,  or  one  hundred  and  sixty  cubic  feet  of  sawed 
and  split  wood. 


1886,  ch.  315.  P.  E.  E.,  (1888)  Art.  4,  Sec.  530.  1894,  ch.  313. 

595.  All  stick  wood  sold  by  retail  in  the  City  of  Balti- Measurement 
more,  shall  be  measured  in  a solid  frame  made  of  wood  or 
iron  ; a frame  to  measure  one-eight  of  a cord  shall  be  two 
feet  wide  and  two  feet  high ; a frame  to  measure  one- 
fourth  of  a cord  shall  be  three  feet  wide  and  two  feet  eight 


358 


MISCKLI.ANKOUS  LOCAL  LAWS. 


Penalty. 


Sawed  or  split 
wood. 


Prohibitions. 


Penalty. 


inches  high  ; a frame  to  measure  three-eighths  of  a cord 
shall  be  four  feet  wide  and  three  feet  high  ; and  a frame 
to  measure  one-half  of  a cord  shall  be  four  feet  wide  and 
four  feet  high,  these  various  dimensions  being  all  intended 
to  import  inside  measurement ; all  frames  shall  be  meas- 
ured and  stamped  every  year  by  the  inspector  just  as  carts 
are  measured  and  stamped. 


1886,  ch.  315.  P.  L.  I..,  (1888)  Art.  4,  Sec.  531. 

596.  If  any  wood  dealer  shall  sell  stick  wood  by  retail 
in  the  City  of  Baltimore,  measured  otherwise  than  in  a 
frame,  he  shall  be  subject  to  the  penalty  of  five  dollars  for 
each  offence  ; one-half  of  the  penalty  to  go  to  the  informer; 
said  penalty  to  be  recovered  before  some  Justice  of  the 
Peace. 


1886,  ch.  315.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  532. 

597.  The  two  preceding  sections  shall  not  apply  to,  the 
measurement  of  sawed  and  split  wood. 


1878,  ch.  183.  Sec.  4.  P.  L.  h.,  (1888)  Art.  4,  Sec.  533. 

598.  If  any  owner  of  a cart  or  vehicle  to  be  used  in 
hauling  fire-wood  in  the  City  of  Baltimore  shall  neglect  to 
have  such  cart  or  vehicle  so  inspected,  and  if  any  carter  or 
person  shall  alter  the  marks  of  said  carts  or  vehicles  after 
the  same  have  been  so  inspected,  or  shall  alter  the  measure- 
ment of  said  fire-wood  by  increasing  or  taking  from  the 
same,  or  neglect  to  have  said  carts  or  vehicles  stamped, 
as  provided  for  in  this  sub-division  of  this  Article,  by  the 
first  day  of  June  of  each  year,  or  if  any  dealer  shall  sell 
the  aforesaid  cord  or  sawed  and  split  wood  to  any  cart  or 
vehicle  not  properly  stamped  by  the  measurer  or  his  depu- 
ties, provided  for  by  this  sub-division  of  this  Article,  he 
shall  be  subject  to  the  penalty  of  five  dollars  for  each 
offence,  to  be  recovered  as  small  debts  are  now  recovered, 
before  some  Justice  of  the  Peace,  for  the  the  use  of  the 
City  of  Baltimore. 


JONES’  FALES. 


359 


1878,  ch.  183,  Sec.  5.  P.  L.  h.,  (1888)  Art.  4,  Sec.  534. 

599.  In  case  of  dispute  between  the  purchaser  and 
seller  of  any  lot  of  fire-wood,  the  measurer  or  his  deputy, 
appointed  under  this  sub-division  of  this  Article,  may  act 
as  arbitrator  between  said  parties,  and  his  decision  shall  be  disp^utes”  ° 
final;  for  which  services  he  shall  receive  the  sum  of  six 
and  one-quarter  cents  for  each  cord  of  wood  so  inspected 
and  measured  by  him,  to  be  paid  by  the  party  at  whose 
request  said  service  was  performed;  the  said  measurer  or 
deputy  to  give  a certificate  of  the  number  of  cords  con- 
tained in  each  lot. 


JONES’  FALLS. 

1870,  ch.  115.  P.  L.  E.,  (1888)  Art.  4,  Sec.  579. 

600.  None  of  the  provisions  of  this  Article  in  reference  ^ 

^ General  provi- 

to  constructing  sewers  and  opening  and  paving  streets  in 
the  City  of  Baltimore  shall  apply  to  the  construction  of  the  Nation  to 
sewers,  and  to  the  opening  and  paving  of  the  streets  and 
avenues  for  which  provision  is  made  in  this  Article  relating  Jones’  Fails 

,T-,n  • f ^ ••  except  as  in 

to  Jones  Falls,  save  in  so  far  as  the  said  provision  may 
be  made  applicable  thereto  by  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  passed  for  that  purpose; 
and  provided  further,  that  no  appeal  shall  lie  from  the  de-P^'^'^isopto 
cisions  of  the  Baltimore  City  Court  in  proceedings  in  said 
Court  under  the  provisions  of  this  Article  relating  to  Jones' 

Falls. 


1870,  ch.  115.  P.  E.  E.,  (1888)  Art.  4,  Sec.  580. 

601.  All  of  the  provisions  of  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  entitled  an  ordinance  to 
provide  for  the  improvement  of  Jones'  Falls  within  the 
limits  of  the  City  of  Baltimore,  approved  January  31, 1870, 
shall  have  the  same  force,  effect  and  operation,  and  be  in 
all  respects  as  valid  as  if  the  said  ordinance  had  been  ordinance 
passed  after  the  approval  of  the  Act  of  1870,  chapter  115, 
or  had  been  passed  after  the  enactment  of  a law  by  the 
General  Assembly  of  Maryland  authorizing  and  empower- 
ing the  Mayor  and  City  Council  of  Baltimore  to  pass  such 
an  ordinance. 


360 


MISCKI^LANEOUS  I.OCAI.  I.AWS. 


JURORS. 

P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  601.  1860,  ch.  308.  1867,  ch.  401,  Sec.  4. 

1882,  ch.  67.  1884,  ch.  450.  P.  L.  L.,  (1888)  Art.  4,  Sec.  583. 

602.  The  Judges  of  the  Supreme  Bench  of  Baltimore 
City,  or  a majority  of  them,  shall  meet  in  some  one  of  the 
courtrooms  of  the  City  of  Baltimore  on  such  days  as  the 
said  Judges,  or  a majority  of  them,  shall  appoint,  in  the 
month  of  April  in  each  year,  and  shall  on  such  days  of 
meeting,  select  fairly  and  impartially,  and  by  the  exercise 
Selection  of  750  of  their  best  judgment, the  names  of  seven  hundred  and  fifty 
persons,  or  thereabout,  qualified  under  the  laws  of  this 
state  to  be  grand  and  petit  jurors  in  the  City  of  Baltimore. 
They  shall  cause  the  names  of  the  persons  so  selected  to  be 
entered  in  a proper  book,  and  shall  verify  the  list  so  made 
up  by  their  certificate  and  signatures.  The  said  book  con- 
taining the  said  list  shall  be  placed  in  the  custody  of  the 
Clerk  of  the  Superior  Court  of  Baltimore  City. 

*Clare  v.  State,  30  Md.  163.  Avirett  v.  State,  76  Md.  535..  State  v. 
Keating,  85  Md.  188. 


P.  L.  Iv.,  (1860)  Art.  4,  Sec.  602.  1860,  ch.  308.  1882,  ch.  67. 

1884,  ch.  450.  P.  h.  h.,  (1888)  Art.  4,  Sec.  584. 

603.  In  order  to  assist  the  said  Judges  in  making  out 
City  Collector  the  list  of  jurors  aforesaid,  the  City  Collector  of  the  City 

ifstnoS^ax- of  Baltimore,  shall,  before  the  first  day  of  February  in 
each  and  every  year,  lodge  with  the  Clerk  of  the  Superior 
Court  of  Baltimore  City,  for  the  use  of  said  Judges,  a 
certified  list  of  so  many  of  the  taxable  male  inhabitants, 
resident  in  the  said  City,  as  he  may  have  been  directed  to 
furnish  by  the  order  of  said  Judges,  or  a majority  of  them, 
setting  out  their  names  and  places  of  residence,  so  far  as 
the  same  may  be  ascertained  ; and  the  said  Collector  shall 
receive  for  such  service  a compensation  to  be  fixed  by  said 
Judges,  and  he.  shall  be  paid  as  jurors  are  paid. 

I860,  ch.  308.  1882,  ch.  67.  1884,  ch.  450.  P.  h.  K.,  (1888) 

Art.  4,  Sec.  585. 

604.  The  said  list  of  persons,  qualified  under  the  laws 
of  this  State  to  be  grand  and  petit  jurors  in  the  City  of 


JURORS — GRAND  JURORS. 


361 


Baltimore,  having  been  prepared  as  aforesaid,  it  shall  be 
the  duty  of  the  said  Judges  of  the  Supreme  Bench  of  Bal- 
timore City,  or  a majority  of  them,  to  meet  in  each  and 
every  year  in  some  one  of  the  courtrooms  of  the  City  of 
Baltimore,  on  one  or  more  days  to  be  appointed  by  them,  be- 
fore the  beginning  of  each  regular  term  of  the  Criminal  Court 
of  Baltimore,  which  said  meeting,  or  the  last  of  which  said 
appointed  meetings  shall  be  at  least  ten  days  before  the 
beginning  of  each  of  said  terms,  and  to  select  from  said 
list  the  names  of  twenty- three  persons,  who  shall  consti- 
tute and  be  the  grand  jurors  for  the  City  of  Baltimore  for  selection  of 
the  ensuing  term  of  said  Criminal  Court  of  Baltimore  ; the  juro”s. 
list  of  grand  jurors  so  selected  shall  be  attested  by  the 
signatures  of  the  Judges  selecting  the  same,  and  be  given 
forthwith  to  the  Sheriff  of  Baltimore  City,  who  shall  imme- 
diately summon  the  persons  so  selected,  to  serve  as  grand 
jurors  for  the  City  of  Baltimore  at  the  ensuing  term  of  the 
Criminal  Court  of  Baltimore.  If  any  of  the  grand  jurors 
so  selected  and  summoned  shall  be  shown  to  be  disqualified, 
or  be  from  any  sufficient  cause  excused  from  serving,  it 
shall  be  the  duty  of  the  said  Judges  of  the  Supreme  Bench 
of  Baltimore  City,  or  of  a majority  of  them,  to  re-assemble 
as  soon  as  they  are  notified  thereof  by  the  Judge  of  the 
Criminal  Court  of  Baltimore,  and  to  assemble  again,  from 
time  to  time,  if  the  same  be  necessary,  to  correct  and 
complete,  in  the  manner  hereinbefore  provided  for,  the 
said  Grand  Jury  for  the  City  of  Baltimore,  by  the  selection 
of  proper  persons  as  aforesaid  from  the  list  of  qualified 
jurors  made  as  aforesaid,  omitting  in  said  selection  the 
names  of  persons  on  said  lists  who  may  have  been  drawn 
to  serve  as  petit  jurors  in  other  Courts  of  said  City  at  said 
term.  The  Judges  shall,  after  so  correcting  and  complet- 
ing the  list  of  grand  jurors  for  the  City  of  Baltimore,  so 
before  made  out  by  them,  attest  the  said  list  of  grand 
jurors  as  so  corrected,  by  their  certificate  and  signatures 
thereto.  The  Judge  of  the  Criminal  Court  of  Baltimore 
shall,  at  the  beginning  of  each  term  of  the  said  court, 
designate  the  foreman  of  the  Grand  Jury  for  the  City  of 
Baltimore  for  the  said  ensuing  term,  from  among  the 
number  of  grand  jurors  selected  as  aforesaid  for  said  City; 


362 


MISCELIvANKOUS  EOCAE  EAWS. 


and  in  case  of  the  disqualification,  sickness,  absence  or 
death  of  said  foreman,  or  of  any  foreman  of  said  Grand 
Jury,  may  designate  another  from  among  the  number  of 
said  Grand  Jury,  who  shall  act  as  such  foreman. 

state  V.  Keating,  85  Md.  188. 


1900,  ch.  164. 

604  A.  Upon  the  organization  of  each  Grand  Jury,  as 
provided  for  in  the  preceding  Section,  and  upon  their  re- 
quest therefor  signified  to  the  Judge  or  Judges  for  the 
time  being  specially  assigned  to  and  sitting  in  the  Criminal 
Court  of  the  said  City,  the  said  Judge  or  Judges  may,  and 
^ Grand  Jury,  ^hey  are  hereby  authorized  and  empowered  to,  appoint  a 
clerk,  who  shall  be  a competent  stenographer,  at  a com- 
pensation not  exceeding  the  rate  of  fifteen  hundred  dollars 
per  annum,  to  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore,  which  said  clerk  shall  have  authority  to  take 
and  transcribe  the  testimony  given  before  any  Grand  Jury 
in  said  City  of  Baltimore,  and  whenever  required  by  the 
State’s  Attorney  shall  attend  upon  and  take  and  transcribe 
the  testimony  given  at  Coroner’s  inquests,  and  all  of  the 
said  testimony  so  taken  and  transcribed  shall  be  for  the 
exclusive  use  and  benefit  of  the  Grand  Jury  and  the  State’s 
Attorney  of  said  City,  unless  otherwise  ordered  by  the 
Court. 


1900,  ch.  164. 

604  B.  Any  clerk  appointed  under  the  provisions  of 
the  preceding  Section  shall  before  he  enters  upon  the 
duties  of  his  office  take  and  subscribe  before  the  Clerk  of 
Clerk’s  oath,  the  Criminal  Court  of  Baltimore  City  an  oath  that  he  will 
keep  secret  all  matters  and  things  occurring  before  such 
Grand  Juries. 


1900,  ch.  164. 

604  C.  It  shall  be  lawful  for  any  stenographer,  duly 
appointed  and  qualified  as  herein  provided,  to  attend  and 
be  present  at  the  sessions  of  every  Grand  Jury  empaneled 


JURORS — CLERK  AND  STENOGRAPHER. 


363 


in  the  said  City,  and  it  shall  be  his  duty  to  take  in  short  ^ procSdfSs"^ 
hand  the  testimony  introduced  before  such  Grand  Juries 
and  to  furnish  to  the  Grand  Jury  and  the  State’s  Attorney 
of  said  City  a full  copy  of  all  such  testimony  as  such 
Grand  Jury  or  State’s  Attorney  shall  require,  and  he  shall 
not  permit  any  other  person  to  take  a copy  of  the  same 
nor  of  any  portion  thereof,  nor  to  read  the  same  nor  any 
portion  thereof,  nor  shall  he  disclose  the  character  or  any 
of  the  contents  of  the  same  to  any  person  or  persons  other 
than  the  Grand  Jury  or  State’s  Attorney  for  said  City, 
except  upon  the  written  order  of  the  Court  duly  made 
after  hearing  the  State’s  Attorney.  All  of  the  said  origi- 
nal minutes  shall  be  kept  in  the  custody  of  said  State’s  state’s  At- 
Attorney,  and  neither  the  same  nor  a copy  of  the  same  custodian  of 
shall  be  taken  from  the  office  of  said  State’s  Attorney 
excepting  for  the  use  of  a Grand  Jury  for  said  City  or  for 
production  in  Court,  without  an  order  of  Court  first  had 
and  obtained,  as  above  provided. 


1900,  ch.  164. 

604  D.  Any  stenographer  appointed  as  aforesaid  who 
shall  violate  any  of  the  provisions  of  the  three  preceding 
sections  with  regard  to  secrecy  shall  be  deemed  guilty  of 
a misdemeanor,  and  on  conviction  thereof  shall  be  fined  „ „ 

Penalty. 

not  exceeding  one  thousand  dollars  or  imprisoned  in  jail 
not  exceeding  one  year,  or  be  both  fined  and  imprisoned 
in  the  discretion  of  the  Court. 


1882,  ch.  67.  1884,  ch.  450.  P.  L.  L.,  (1888)  Art.  4,  Sec.  586. 

605.  The  said  Judges  of  the  Supreme  Bench  of  Balti- Drawing  of  4co 
more  City,  or  one  or  more  of  them,  shall,  at  one  or  more  of  iiiroj%uX- 
the  meetings  provided  for  in  the  last  preceding  section  of 
this  sub-division  of  this  Article,  after  the  selection  of  the 
grand  juries  for  the  City  of  Baltimore,  as  provided  in  the 
last  preceding  section,  cause  all  the  names  selected  by  the 
Judges  as  aforesaid,  remaining  upon  said  list  of  qualified 
jurors,  to  be  inscribed  upon  ballots,  which  shall  be  of  equal 
size,  color  and  appearance,  and  shall  be  closely  folded  and 


364 


MISCEIvIvANKOUS  eocae  eaws. 


shall  be  placed  by  one  of  such  Judges,  with  his  own  hands, 
on  the  day  of  said  meeting  and  immediately  before  the 
drawing  herein  provided  for,  in  a drawing  wheel  to  be 
provided  for  that  purpose  by  the  Sheriff  of  Baltimore  City, 
under  the  direction  of  said  Judges ; the  said  Judge  shall  then 
cause  the  said  Sheriff,  or  such  one  of  his  deputies  as  he  shall 
designate,  to  appear  before  him  ; and  it  shall  be  the  duty  of 
the  said  Sheriff  or  his  said  deputy,  in  the  presence  and  in  the 
immediate  view  of  the  said  Judge  or  Judges,  and  of  such 
other  persons  as  may  choose  to  attend,  to  draw  one  by  one 
from  said  wheel  the  ballots  contained  therein  until  four 
hundred  of  said  ballots  have  been  drawn  therefrom;  and  the 
said  Judge  or  Judges  shall  cause  the  said  wheel  to  be  turned 
upon  its  axis  before  the  commencement  of  said  drawing, 
and  after  the  ballots  have  been  deposited  therein,  and  after 
the  drawing  of  each  ballot,  and  before  the  drawing  of  the 
next,  until  four  hundred  of  said  ballots  shall  have  been 
drawn  ; and  said  Judge  or  Judges  shall  forthwith  cause  the 
ol5^to°L^re'-  names  appearing  upon  said  ballot  as  drawn,  together  with 
“the  names  selected  as  grand  jurors,  to  be  duly  recorded  in 
a proper  book  in  tbe  order  in  which  they  shall  have  been 
chosen,  and  in  which  said  Judge  or  Judges  shall  have  seen 
them  drawn  as  aforesaid,  which  said  Judge  or  Judges  so 
attending  said  drawing  shall  certify  at  the  foot  of  said  list 
to  have  been  done. 


1882,  ch.  67.  1884,  ch.  450.  P.  L.  L.,  (1888)  Art.  4,  Sec.  591. 

606.  After  four  hundred  of  the  names  in  the  box  shall 
have  been  drawn,  as  provided  by  section  605,  it  shall  be 
Entry  of  names  the  duty  of  Said  Judge  or  Judges  who  shall  have  attended 
boS  said  drawing  to  cause  the  names  of  the  said  several  panels, 
and  the  names  of  the  other  persons  drawn  as  aforesaid,  to 
be  entered  in  two  books,  in  addition  to  the  book  provided  in 
section  605,  in  the  order  in  which  the  said  panels  and  the 
names  aforesaid  were  drawn  ; and  the  said  books  shall  be 
certified  by  the  Judge  or  Judges  who  shall  have  attended 
said  drawing,  to  be  true  copies  of  the  book  prescribed  in 


JURORS — ADDITIONAL  JURORS. 


365 


section  605,  and  said  books  shall  be  denominated  jury  books 
for  Baltimore  City.** 


1896,  ch.  20.  P.  Iv.  L.,  (1888)  Art.  4,  Sec.  591A. 

607.  In  addition  to  the  four  hundred  names  to  be  drawn 
as  provided  by  section  605  of  this  Article,  it  shall  be  the 
duty  of  said  Judge  or  Judges  who  shall  attend  said  draw- 
ing to  cause  to  be  drawn  in  the  mode  pointed  out  in  said 
section  605,  or  in  such  other  mode  as  shall  be  prescribed 
by  the  Supreme  Bench  of  Baltimore  City,  one  hundred  109  additional, 
additional  jurors,  or  such  other  number  as  shall  be  deemed 
necessary  to  be  drawn  by  the  Supreme  Bench  of  Baltimore 
City  which  said  jurors  so  drawn,  together  with  the  said  four 
hundred  jurors,  shall,  under  such  regulations  as  shall  be  pre- 
scribed by  the  Supreme  Bench  of  Baltimore  City,  serve  from 
time  to  time  as  jurors  in  the  common  law  courts  of  Baltimore 
City,  and  for  such  length  of  time  as  said  courts  shall  pre- 
scribe, and  power  is  hereby  conferred  upon  said  Supreme 
Bench  of  Baltimore  City  to  prescribe  by  rule  for  the  mode, 
time  and  place  for  the  drawing  of  jurors,  for  the  organization 
thereof,  and  for  the  distribution  among  the  said  several 
common  law  courts  of  Baltimore  City,  of  the  jurors  whose 
drawing  is  provided  for  by  the  several  sections  of  this  sub- 
division of  this  Article,  and  to  regulate  the  length  of  time 
for  which  the  jurors  drawn  as  aforesaid  shall  serve. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  609.  1860,  ch.  308.  1882,  ch.  67.  1884, 

ch.  450.  P.  L.  L.,  (1888)  Art.  4,  Sec.  592. 

608.  When  the  jury  books  shall  have  been  prepared 
and  certified  as  directed  in  the  foregoing  section,  it  shall 
be  the  duty  of  the  said  Judge  or  Judges  by  whom  the 
same  shall  have  been  so  certified,  to  cause  one  of  the  said 
books  to  be  deposited  in  the  custody  of  the  Clerk  of  the  Deposit  of  jury 
Superior  Court  of  Baltimore  City,  and  one  in  the  custody 
of  the  Sheriff  of  Baltimore  City,  and  one  shall  be  retained 


**Note. — Condemnatio7i  Juries. — Such  juries  need  not  be  summoned 
from  the  jury  book. 

Balto.,  Belt  R.  R.  Co.  v.  Turner,  Daily  Record,  January  12,  1893. 


366 


MISCKIvIvANKOUS  I.OCAL  I.AWS. 


by  the  said  Judges  of  the  Supreme  Bench  of  Baltimore 
City,  or  by  such  one  of  their  number  as  they  shall  appoint 
for  the  purpose  of  verifying  the  list  of  persons  so  delivered 
as  aforesaid  to  the  Clerks  or  the  Sheriff  of  Baltimore  City. 
And  when  the  said  books  shall  have  been  delivered  to  the 
said  Sheriff,  he  shall  immediately  summon  the  several 
jurors  drawn  for  the  several  panels  named  in  the  said 
book,  to  serve  in  the  court  for  which  they  have  been 
respectively  drawn,  at  such  time  as  shall  be  designated  by 
the  court.  And  in  addition  to  summoning  the  said  jurors 
for  the  said  several  panels,  the  said  Sheriff  shall  also 
summon  such  additional  number  of  persons,  whose  names 
are  set  down  in  said  book,  and  as  nearly  as  may  be  in  the 
order  in  which  their  names  are  so  set  down,  as  the  said 
Judges  of  the  Supreme  Bench,  or  a majority  of  them,  shall 
direct,  to  appear  in  the  room  of  the  Superior  Court  of 
Baltimore  City  at  the  same  time  with  the  panel  for  said 
court.  And  the  said  additional  number  of  jurors  shall 
Reserve  list,  constituto  a roscrvo,  from  which  without  further  summons, 
jurors  may  be  selected  to  serve  in  lieu  of  any  persons 
drawn  for  the  regular  panels  of  said  court  aforesaid,  who 
may  not  be  found,  fail  to  appear,  are  legally  disabled,  or 
are  excused  or  excluded  from  attending,  so  that  the  panels 
may  be  completed  by  selecting  from  said  reserve,  in  the 
following  order  : First,  for  the  Superior  Court  of  Baltimore 
City ; second,  the  Criminal  Court  of  Baltimore ; third, 
the  Baltimore  City  Court ; and  fourth,  the  Court  of 
Common  Pleas.  And  until  said  panels  have  been  com- 
pleted, said  reserves  shall  be  required,  upon  the  order  of 
the  several  courts,  to  proceed  from  one  to  the  other  in  the 
order  above  mentioned ; and  when  all  said  panels  have 
been  completed,  those  persons  summoned  for  such  reserve, 
and  not  empaneled,  shall  be  discharged,  but  shall  not 
thereby  be  excused  from  service  when  resummoned  ; and 
in  empaneling  juries  for  said  reserve  their  names  shall  be 
called  in  the  order  in  which  they  appear  in  said  book  ; and 
the  names  of  said  reserves  shall  first  be  all  called  in  the 
Superior  Court  of  Baltimore  City,  the  Judge  of  which 
Court  shall  determine  upon  their  qualifications  as  jurors. 


JURORS — TALESMEN . 


367 


and  the  right  or  claim  of  any  members  of  said  reserve  to 
be  excused  or  exempted  from  service. 

Clare  v.  State,  30  Md.  166. 


1882,  ch.  67.  1884,  ch.  450.  P.  L.  L.,  (1888)  Art.  4,  Sec.  593. 

609.  If  the  full  panels  of  jurors  for  the  said  several 
courts  shall  not  be  obtained  from  the  jurors  so  drawn  for^ 
the  several  panels  of  the  said  courts,  as  herein  provided,, 
or  from  said  reserve,  by  reason  of  some  of  said  jurors  or- 
reserve  being  legally  disabled  or  excused  from  attending,,, 
or  not  being  found,  or  from  other  causes,  the  Sheriff,  upon' 
being  notified  by  any  of  said  Judges  what  additional  num-  Additional- 
her  of  jurors  is  required  for  the  court  in  which  he  presides, 
shall  proceed  to  complete  the  said  panel  in  which  jurors 
are  needed,  by  summoning  in  the  stead  of  such  jurors 
such  number  of  persons  as  said  Judge  may  direct,  of  the 
persons  whose  names  are  set  down  in  the  said  jury  book 
next  after  the  regular  panels,  and  after  those  persons  who- 
have  been  summoned  as  the  reserve  hereinbefore  provided 
for ; and  he  shall  summon  such  persons,  as  near  as  he  can 
reasonably  do  so,  in  the  order  in  which  they  are  set  down 
in  said  book,  and  their  names  shall  be  called  for  empanel- 
ing in  the  order  in  which  they  appear  in  said  book. 


I860,  ch.  308.  1882,  ch.  67.  1884,  ch.  450.  P.  L.  L.,  (1888)  Art.  4„ 

Sec.  594. 

610,  If  at  any  trial  of  any  cause  in  any  of  the  several 
courts  as  aforesaid,  tales  de  circumstantibus,  shall  be  order- 
ed, it  shall  be  the  duty  of  the  Sheriff  to  summon  such  Talesmen, 
talesmen,  those  who  are  entered  in  said  book  and  are  not 
upon  the  regular  panels  as  aforesaid ; and  such  talesmen 
shall  be  summoned  and  called  to  be  sworn  or  affirmed  up- 
on the  voir  dire,  or  otherwise,  in  the  order  in  which  their 
names  are  set  down  in  said  jury  book,  unless  the  sheriff 
or  his  deputy  in  that  behalf  shall  swear  that  he  has  made 
true  and  diligent  search  for  such  persons  as  do  not  appear,, 
and  that  they  cannot  be  found,  or  unless  being  summoned 
such  persons  have  failed  to  appear,,  or  unless  the  State’'s 


368 


MISCEI.LANEOUS  EOCAE  EAWS. 


^^taiesm°en  to  Attomey  OF  his  deputy,  and  counsel  for  the  traverser,  or 
appear.  counsol  foF  the  parties  litigant,  with  the  consent  of  the 

court,  shall  waive  said  order  for  summoning  and  swearing 
or  affirming  such  talesmen  ; but  if  said  affidavit  shall  have 
been  made  by  said  Sheriff  or  his  deputy,  or  if  such  persons 
shall  fail  to  appear  after  having  been  summoned  as  afore- 
said, or  the  said  waiver  shall  be  made  with  the  consent  of 
the  court,  then  such  of  the  talesmen  as  have  been  proper- 
ly summoned  and  have  appeared  shall  be  called  to  be 
sworn  in  the  order  in  which  their  said  names  are  recorded 
in  the  jury  book  aforesaid  ; or  whenever  in  either  of  said 
courts  it  shall  be  necessary  to  summon  talesmen,  the 
Judges  of  the  said  courts,  respectively,  instead  of,  or  in 
addition  to,  resorting  to  the  foregoing  provisions  of  this 
section  for  the  summoning  of  talesmen,  may  order  the 
Sheriff  to  summon  as  such  talesmen,  any  of  the  jurymen 
Jurymen  not  i^  attendance  upon  either  of  the  said  courts,  except  said 
S^um^  Criminal  Court  of  Baltimore,  who  may  not  then  be  engaged 
as  a part  of  any  special  panel ; and  if  it  should  happen  at 
any  time  in  summoning  talesmen  for  any  of  the  said  courts, 
the  Sheriff  shall  exhaust  the  whole  list  of  the  names  drawn 
Rule  when  from  the  said  wheel,  as  provided  in  this  sub-division  of 
this  Article,  it  shall  be  his  duty  immediately  to  make  re- 
port thereof,  verified  by  his  affidavit  or  affirmation,  to  the 
Supreme  Bench  of  Baltimore  City,  and  thereupon  the  said 
Judges,  or  one  of  them,  shall  immediately  cause  the  Sheriff, 
or  his  deputy  to  be  designated  by  him,  to  appear  before 
.such  Judge,  in  some  one  of  the  courtrooms  in  said  City, 
and  cause  such  additional  number  of  names  as  shall  be 
designated  by  the  Judge  of  the  Court  for  which  such  tales- 
men are  needed,  to  be  drawn  from  the  names  selected  by 
said  Judges  as  aforesaid,  and  still  remaining  upon  said  list 
■of  qualified  jurors,  and  from  such  further  names,  if  any, 
:as  the  Judges  of  the  Supreme  Bench,  or  a majority  of  them, 
shall  select  and  cause  to  be  added  to  said  list ; and  the  said 
drawing  shall  be  made,  and  the  names  drawn  shall  be  re- 
corded in  the  manner  provided  in  sections  605  and  606;  and 
the  talesmen  shall  be  summoned  from  such  additional  num- 
ber of  persons  so  drawn  in  the  manner  hereinbefore 
directed. 


JURORS — REPUENISHING  EIST  OF. 


369 


P.  L.  L.,  (1860)  Art.  4,  Sec.  611.  P.  E.  E.,  (1888)  Art.  4,  Sec.  595. 

611.  Every  petit  juror  sworn  upon  any  special  panel 
shall  continue  to  serve  thereon  until  discharged  by  the 
court,  notwithstanding  the  expiration  of  his  term  of  three 
weeks,  aforesaid  ; but  no  one  summoned  as  a juror  shall  be 
excused  from  service  except  in  open  court,  on  good  cause 
shown  to  the  satisfaction  of  the  court ; and  if  any  juror 
summoned,  and  not  excused,  shall  fail  to  attend  the  said 
court  until  duly  discharged,  he  shall  be  fined,  for  the  use 
of  the  said  City,  not  less  than  twenty  nor  more  than  two 
hundred  dollars,  to  be  recovered  by  attachment,  or  such 
other  appropriate  process  as  the  said  court  may  direct. 

Mills  V.  State,  76  Md.  280.  See,  City  Code  (1879),  pages  566-569. 


1882,  ch.  67.  1884,  ch.  450.  P.  E.  E.,  (1888)  Art  4,  Sec.  596. 

612.  It  shall  be  the  duty  of  said  Judges,  or  a majority  successive 
of  them,  to  assemble  as  hereinbefore  in  this  sub-division 
of  this  Article  provided,  on  the  Thursday  preceding  the 
fourth  Monday  of  each  term,  and  thereafter  so  long  as  a 
jury  may  be  required  for  any  of  said  courts,  from  three 
weeks  to  three  weeks  during  each  term  of  each  of  the 
said  courts  which  may  require  the  attendance  of  a jury ; 
at  such  meetings  the  said  Judges,  or  a majority  of  them, 
shall  cause  the  names  of  those  who  have  served  on  any  of 
the  regular  panels  of  the  aforesaid  courts  since  the  making 
of  the  list  of  qualified  jurors  as  aforesaid  to  be  stricken 
from  said  list ; and  the  persons  whose  names  are  so  stricken 
from  said  list  shall  not  be  liable  to  serve  again  as  jurors  service  of 
for  two  years,  accounting  from  the  beginning  of  the  term 
for  which  their  names  were  so  entered  on  the  list  of 
qualified  jurors  ; the  said  Judges,  or  a majority  of  them, 
shall  then  add  to  said  list  of  qualified  jurors  such  qualified  Replenishing 
persons  as  shall  suffice  to  make  up  the  number  of  seven 
hundred  and  fifty  qualified  persons,  or  thereabouts.  From 
the  said  whole  number  the  jurors  to  serve  for  three  weeks 
from  the  ensuing  Monday  shall  then  be  drawn  for  the  said 
courts,  and  their  names  be  recorded  in  the  said  jury  books 
in  the  manner  hereinbefore  provided  by  this  sub-division 


370 


MISCELLANEOUS  LOCAL  LAWS. 


of  this  Article,  under  the  superintendence  of  one  or  more 
of  said  Judges.  And  if,  at  the  time  of  any  drawing, 
juries  shall  not  be  required  for  all  of  said  courts,  then  it 
shall  not  be  necessary  to  draw  panels  for  the  court  not 
requiring  them,  but  jurors  shall  be  drawn  for  such  courts 
only  as  may  need  them,  in  the  manner  hereinbefore 
provided  in  this  Article  relating  to  jurors,  so  far  as 
concerns  the  courts  requiring  such  juries ; and  besides 
summoning  said  panels  for  the  said  courts,  the  Sheriff 
shall  also  summon  at  the  same  time  such  number  of 
reserves  as  he  may  be  required  by  the  Judges,  or  a 
majority  of  them,  as  provided  by  section  608 ; and  said 
reserves  shall  also  be  liable  to  service  as  in  said  section 
mentioned. 


I860,  ch.  308.  P.  L.  L.,  (1860)  Art.  4,  Sec.  613.  P.  L.  L.,  (1888)  Art. 

4,  Sec.  597. 

613.  If  it  should  happen  that  the  said  lists  of  persons 
competent  to  act  as  jurors,  other  than  the  regular  panels 
as  aforesaid,  should  at  any  time  be  exhausted  as  talesmen, 
it  shall  also  be  competent  for  the  Sheriff  to  summon  as 
Talesmen  from  talosmon  any  of  the  regular  panels  in  any  of  the  other  of 
said  courts  in  Baltimore  City  who  may  be  at  the  time  of 
such  summons  not  engaged  as  part  of  any  special  panel  in 
any  of  the  said  courts ; but  it  is  herein  provided  that 
whenever  any  part  of  the  regular  panel  of  any  court,  shall 
be  by  the  Sheriff  as  aforesaid  summoned  to  attend  in 
another,  as  talesman,  jurors  of  the  regular  panel  of  the 
court  in  which  talesman  are  required,  or  so  many  of  them 
as  shall  be  needed,  shall  be  by  the  said  Sheriff  notified  to 
attend  in  the  courts  from  which  regular  jurors  have 
been  withdrawn  ; and  the  said  jurors  shall  attend  accord- 
ingly in  the  said  courts  until  the  regular  jurors  of  said 
court  are  discharged  from  the  court  in  which  they  shall  be 
required  to  serve  as  talesmen  as  aforesaid. 


1882,  ch.  67.  1884,  ch.  450.  P.  L.  L.,  (1888)  Art.  4,  Sec.  598. 

614.  Any  person  who  shall  fraudulently  mark  or  des- 
ignate or  open  or  leave  open,  or  cause  or  knowingly  permit 


JURORS — PENALTIES. 


371 


to  be  marked  or  designated,  or  to  be  opened  or  left  open 
any  ballot  for  jurors  which  shall  be  prepared  for  the 
purpose  of  being  drawn  under  this  sub-division  of  this 
Article,  or  who,  by  any  fraudulent  contrivance,  device,  or 
collusion  whatever,  shall  prepare  or  arrange,  or  cause,  or 
knowingly  permit  to  be  prepared  or  arrange  any  ballot 
aforesaid,  so  that  the  same  or  any  thereof  may  be  known 
or  recognized  in  the  drawing  thereof,  or  may  be  drawn  in 
preference  to  others,  or  for  the  purpose  of  their  being  so 
known  or  recognized,  or  being  so  drawn  or  omitted  to  be 
so  drawn  ; and  any  person  who  shall  in  any  way  fraudu- 
lently or  collusively  deal  with  the  ballots  aforesaid,  or  any 
of  them,  or  with  the  drawing  thereof,  or  with  the  prepar- 
ation or  folding  of  said  ballots,  or  with  the  wheel 
aforesaid,  so  that  the  fair  operation  and  lawful  and 
impartial  execution  of  the  provisions  of  this  sub-division  of 
this  Article  in  relation  to  the  selection  of  jurors  in  the  City 
of  Baltimore  shall  be  knowingly  prevented  or  interfered 
with,  or  with  intent  to  interfere  with  or  prevent  the  same, 
or  to  permit  or  allow  the  same  to  be  interfered  with  or 
prevented,  shall  be  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  sentenced  to  be  confined,  in  Penalty, 
the  discretion  of  the  Court,  in  the  Penitentiary  or 
Maryland  House  of  Correction  for  a term  of  not  less  than 
one  nor  more  than  three  years. 

I860,  ch.  308.  P.  L.  L.,  (1860)  Art.  4,  Sec.  615.  P.  L.  E.,  (1888)  Art. 

4,  Sec.  599. 

615.  All  special  juries  authorized  by  law  to  be  sum- special  jury, 
moned  shall  be  summoned  by  the  Sheriff  of  Baltimore  City 
from  those  whose  names  may  be  inscribed  in  the  jury  book 
as  then  revised. 


I860,  ch.  308.  P.  L.  L.,  (I860)  Art.  4,  Sec.  616.  P.  L.  L.,  (1888)  Art. 

4,  Sec.  600. 

616.  If  any  Sheriff  of  Baltimore  City,  or  any  deputy  sheriff’s  lia- 
thereof,  shall  wilfully  violate  the  provisions  of  this  sub-  Suo°n. 
division  of  this  Article  relating  to  juries,  the  said  Sheriff 


372 


MISCKlvIyANEOUS  EOCAE  EAWS. 


shall  forfeit  the  sum  of  one  thousand  dollars,  which  shall 
be  recovered  by  civil  action  in  the  name  of  the  State 
against  the  Sheriff  and  the  sureties  on  his  bond  in  that 
behalf,  and  one-half  of  the  penalty  shall  be  paid  to  the 
informer. 


I860,  ch.  308.  P.  E.  E.,  (1860)  Art.  4,  Sec.  617.  P.  E.  E.,  (1888)  Art. 
4,  Sec.  601. 

Two^ju^ges  of  617.  Any  two  of  the  Judges  of  the  Supreme  Bench  of 
Bench  to  con- Baltimore  City  may  constitute  a quorum  at  any  meeting 
urn.  held  under  the  provisions  of  this  sub-division  of  this 
Article,  and  may  exercise  all  the  powers  reposed  in  the 
said  Judges. 


I860,  ch.  308.  P.  E.  E.,  (I860)  Art.  4,  Sec.  618.  P.  E.  E.,  (1888)  Art. 
4,  Sec.  602. 

618.  In  all  criminal  cases  in  which  the  person  indicted 
Peremptory  has  or  may  have  the  right  of  peremptory  challenge,  the 
diaiiengeby  Attomey  shall  have  the  right  to  challenge  peremp- 

torily any  number  of  jurors  not  exceeding  five. 


P.  G.  E.,  (I860)  Art.  50,  Sec.  18.  P.  E.  E.,  (1888)  Art.  4,  Sec.  603. 

Grand  Jury  to  619.  The  Grand  Jury  shall  at  each  term  of  the  court 
visit  jail.  l^he  jail,  and  inquire  into  its  condition,  the  manner  in 

which  it  is  kept  and  the  treatment  of  the  prisoners,  and 
report  the  same  to  the  court. 


1867,  ch.  269.  P.  E.  E.,  (1888)  Art.  4,  Sec.  604. 

620.  All  the  provisions  of  this  sub-division  of  this 
Article  relating  to  the  mode  of  drawing  and  summoning 
jurors  shall  be  construed  as  directory  merely,  and  no 
No  advantage  indictment  or  presentment  for  any  felony  or  misdemeanor 
failure  to  ob-  shall  be  quashed,  nor  shall  any  judgment  upon  any  indict- 
Srpro?r^°'  ment  or  presentment,  whether  after  verdict,  by  confession 
sions.  otherwise,  be  stayed  or  reversed,  nor  shall  any  challenge 

to  the  array  of  jurors  be  allowed  because  of  any  failure  by 
the  Judges,  or  the  clerks,  or  the  Sheriff,  to  comply  with 


JURORS — PAY  OF  JURORS — EXEMPTIONS. 


373 


the  provisions  of  law  relating  to  the  drawing  of  jurors  in 
the  City  of  Baltimore  ; provided,  nevertheless,  that  if  any 
officer  concerned  in  the  drawing  of  said  jurors  shall  wilfully 
neglect  to  perform  any  duty  imposed  upon  him  by  law,  he 
shall  be  liable  to  indictment  in  the  Criminal  Court 
Baltimore,  and  upon  conviction  shall  be  fined  the  sum  of 
one  thousand  dollars. 


Pay  of  Jurors. 

1880,  ch,  441.  P.  E.  L.,  (1888)  Art.  4,  Sec.  605. 

621.  Jurors  in  any  of  the  courts  of  the  City  of  Balti- 
more shall  receive  one  dollar  and  a-half  per  day  for  each 
and  every  day  they  shall  attend  the  several  courts  of  this 
State  in  said  City  as  jurors  ; and  it  shall  be  the  duty  of  the 
clerk  of  the  court  to  which  the  jurors  shall  be  summoned, 
to  furnish  on  the  day  their  services  shall  terminate,  to 
each  juror,  a certificate,  showing  the  days  he  has  been  in 
attendance  on  the  court,  and  the  amount  payable  to  him 
for  such  service ; and  the  City  Register  shall  pay  the 
jurors  the  sums  payable  for  such  service  in  cash,  and  im- 
mediately upon  the  presentation  and  surrender  of  such 
certificate,  with  the  receipt  of  the  juror,  and  said  payment 
shall  not  be  demanded  save  upon  the  surrender  of  said  certificates, 
certificates,  and  the  said  certificates  shall  not  be  the 
subject  of  assignment. 


Volunteer  Militia  Exempt  from  Petit  Jury  Duty. 

1870,  ch.  182.  P.  E.  E.,  (1888)  Art.  4,  Sec.  606.  1906,  ch.  61. 

622.  All  certificates  of  membership  of  any  legally 
organized  volunteer  company  of  the  militia  shall  be  signed 
by  the  commanding  officer  thereof,  which  certificates  shall 
be  issued  on  or  before  the  first  day  of  April  in  each  year  to 
such  persons  as  may  then  compose  the  uniformed  and 
active  member  of  said  company;  every  such  company  may 
receive  and  have  as  many  honorary  members  as  it  has 
active  and  uniformed  members,  and  no  more,  on  payment, 


374 


MISCKI.LANEOUS  EOCAE  EAWS. 


in  advance,  by  each  person  desiring  to  become  such  honor- 
ary member,  of  not  less  than  ten  dollars  per  annum;  which 
said  money  shall  be  received  by  the  commanding  officer  of 
the  company,  and  be  by  him  applied  to  the  payment  of 
When  exempt,  armory  rent  or  the  purchase  of  uniforms  for  the  rank  and 
file  of  the  active  members  of  his  company,  or  to  such  pur- 
poses as  may  be  authorized  by  the  by-laws  of  said  company; 
and  the  commanding  officer  of  every  company  shall  on  or 
before  the  first  day  of  June  and  December  of  every  year 
render  to  the  Adjutant  General  an  account  of  the  money  so 
received  and  expended  by  him,  and  every  such  honorary 
member  shall  be  entitled  to  receive  a certificate  of  honor- 
ary membership  of  the  company,  to  be  signed  as  aforesaid, 
and  bearing  date  at  the  time  of  its  issue;  which  certificates 
of  membership,  whether  of  uniformed  and  active  members 
or  of  honorary  members,  shall  exempt  the  person  therein 
named  from  petit  jury  duty  for  the  period  of  one  year  from 
Proviso.  the  date  of  his  said  certificate;  provided,  he  files  his  said 
certificate  with  the  clerk  of  the  court  before  the  drawing 
of  the  jury. 

Albert,  Sheriff,  v.  White,  33  Md.,  297. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

1886,  ch.  66.  1888,  ch.  98,  Sec.  16.  1888,  ch.  314.  1890,  ch.  125. 

1896,  ch.  117.  1904,  ch.  16.  P.  E.  L.,  (1888)  Art.  4,  Sec.  607. 

623.  The  Governor,  by  and  with  the  advice  and  consent 
appoint  of  the  Senate,  shall  appoint  twelve  Justices  of  the  Peace 
thl  p?ace^  from  each  of  the  Legislative  Districts  of  Baltimore  City, 
to  be  selected  as  follows:  One  from  each  of  the  wards 

comprising  each  of  said  districts,  and  six  Justices  of  the 
Peace  at  large  from  each  of  said  districts,  and  shall  further 
appoint  twelve  Justices  of  the  Peace  from  Baltimore  City 
at  large,  who  shall  be  appointed  from  such  ward  or  wards 
as  the  Governor  may  elect  or  determine. 

1902,  ch.  611.  1904,  ch.  521. 

623 A.  In  addition  to  the  Justices  of  the  Peace  mentioned 
in  section  623  of  this  Article,  there  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 


375 


Senate,  and  if  the  Senate  shall  not  be  in  session,  by  the 
Governor,  from  the  City  of  Baltimore  at  large,  an  additional 
Justice  of  the  Peace  to  be  known  as  the  Magistrate  for 
Juvenile  Causes,  who  shall  be  a member  of  the  bar  of  the 
Supreme  Bench  of  Baltimore  City,  and  shall  receive  from  causes, 
the  Mayor  and  City  Council  of  Baltimore  City  a salary  of 
twenty-five  hundred  dollars  per  annum,  payable  monthly, 
and  the  jurisdiction  and  powers  of  such  Justice  shall  be  as 
follows:  (1)  He  shall  possess  the  general  powers  of  a 

Police  Justice  of  the  Peace,  or  Justice  of  the  Peace  selected 
to  sit  at  a stationhouse  in  the  City  of  Baltimore,  as  the  same 
are  now  or  may  hereafter  be  d-efined  by  law.  (2)  He  shall  Exclusive 
have  exclusive  jurisdiction  where  jurisdiction  is  given  by 
law  to  any  Justice  of  the  Peace  in  Baltimore  City,  in  all 
cases  of  trial,  commitment  for  trial,  or  commitment  to  any 
juvenile  institution  of  any  minor  under  the  age  of  sixteen 
years;  and  such  Magistrate  shall  sit  at  such  times  as  may 
be  necessary  for  the  proper  discharge  of  his  duties,  at  such 
proper  place  in  the  Court  House  in  Baltimore  City,  as  may 
be  provided  by  the  Superintendent  of  Public  Buildings. 

(3)  He  is  empowered  to  appoint  a suitable  person  to  act 
as  his  clerk,  who  shall  receive  from  the  Mayor  and  City 
Council  of  Baltimore  a salary  of  seven  hundred  and  fifty 
dollars  per  annum,  payable  monthly,  and  shall  attend  at 
such  time  and  places,  and  perform  such  duties  as  may  be 
directed  by  said  Justice,  and  shall  be  removable  by  him  at 
his  discretion.  Whenever  any  minor  is  arrested  he  may  be 
taken  to  such  place  other  than  a station-house  as  may  be 
designated  by  said  Justice  and  provided  by  the  Superin- 
tendent of  Public  Buildings  or  the  Mayor  and  City  Council 
of  Baltimore,  but  in  the  absence  of  such  designation  such 
minor  may  be  held  at  a station-house  as  heretofore,  until 
brought  before  the  justice;  and  when  such  justice  shall 
commit  any  minor  for  trial  or  for  hearing,  he  may  commit 
such  minor  to  a suitable  juvenile  institution  or  other  suita- 
ble prison  instead  of  the  Baltimore  City  Jail.  The  Board 
of  Police  Commissioners  for  the  City  of  Baltimore  shall 
designate  two  or  more  members  of  the  Police  force  to  at-  policemen  to 
tend  said  Justice  and  execute  his  powers  and  directions,  courf.^^^ 
In  the  absence  of  such  Justice  the  Governor  may  designate 


376 


MISCKIvIvANEOUS  eocae  eaws. 


any  other  Justice  of  the  Peace  for  Baltimore  City  to  act  in 
his  place. 


1876,  ch.  28.  P.  E.  E.,  (1888)  Art.  4,  Sec.  608. 

624.  Each  of  said  Justices  of  the  Peace  before  entering 
upon  the  duties  of  his  office  shall  give  to  the  State  of 
Bond  of  justic- Maryland  a good  and  sufficient  bond,  with  a surety  or 
peaL^.^^  sureties  to  be  approved  by  the  Judge  of  the  Superior 
Court  of  Baltimore  City,  in  the  penalty  of  five  thousand 
dollars,  with  conditions  that  he  will  truly  and  faithfully 
discharge,  execute  and  perform  all  and  singular  the  duties 
and  obligations  of  the  office  of  Justice  of  the  Peace,  and 
that  he  will  account  for  and  pay  over  to  the  Clerk  of  the 
Court  of  Common  Pleas  and  to  the  Register  of  the  City  of 
Baltimore,  respectively,  all  fines,  penalties  and  forfeitures, 
or  the  portion  thereof  which  he  is  bound  to  account  for 
and  pay  over  to  said  respective  officers,  and  that  he  will 
faithfully  and  truly  account  for  and  pay  over  to  the  person 
or  corporation  entitled  to  receive  the  same,  all  money  belong- 
ing to  such  person  or  corporation  which  may  come  into 
his  hands  as  Justice  of  the  Peace.** 

Day  and  Gorsuch  v.  Day,  4 Md.  262.  Hiss  v.  State,  24  Md.  556. 
Knell  V.  Briscoe,  49  Md.  414.  *State  v.  Garrick,  70  Md.  586. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  621.  P.  E.  E-,  (1888)  Art.  4,  Sec.  609. 

625.  The  Justices  of  the  Peace  for  said  City  shall  keep 
Office  hours,  their  places  of  official  business  open  each  and  every  day 
(Sunday  excepted),  from  the  hour  of  eight  o^clock  in  the 
forenoon  until  one  o^ clock  in  the  afternoon,  and  from  three 
o’clock  in  the  afternoon  until  six  o’clock  in  the  afternoon,  t 


**As  to  liability  of  Justices  of  the  Peace  for  official  acts,  see,  Roth  v. 
Shupp,  94  Md.  57. 


tNoTE.— For  notes  on  decisions  relating  to  Justices  of  the  Peace  and 
powers  conferred  by  sections  626  and  627,  see,  notes,  pages  219  to  222 
inclusive,  Baltimore  City  Code  (1879). 


JUSTICES  OF  THE  PEACE  AND  CONSTABEES. 


377 


P.  L.  L.,  (1860)  Art.  4,  Sec,  622.  P.  h.  E.,  (1888)  Art.  4,  Sec.  610. 

1894,  ch.  132. 

626.  No  Justice  of  the  Peace,  in  any  case  of  debt  or 
damages  whatever,  shall  issue  a summons,  except  on  appli-  ®Xbt  and'“ 
cation  for  the  same  by  the  plaintiff  or  his  attorney  in  ^lamages. 
person,  or  in  writing  accompanied  with  the  cause  of  action 
in  said  case  ; nor  an  execution,  except  upon  the  order,  in 
person  or  in  writing,  of  the  plaintiff  or  his  attorney  ; and 
if  any  Justice  of  the  Peace  for  said  City  shall  issue  a 
summons  or  execution  contrary  hereto,  or  if  any  constable 
shall  serve  the  same  knowingly,  such  Justice  or  constable  penalty  for  im- 
shall  be  liable  to  indictment  in  the  Criminal  Court  of  Bal- 
timore,  and  on  conviction  shall  be  disqualified  from  holding 
his  office. 

state  V.  Carrick,  70  Md.  589. 


1868,  ch.  375.  P.  E.  E.,  (1888)  Art.  4,  Sec.  611.  1894,  ch.  132. 

627.  Every  writ  of  replevin  or  summons  issued  by  said 
Justice  shall  be  made  returnable  before  the  same  or  any  where  writs 
Justice  of  the  Peace  of  the  ward  in  which  the  defendant  aSe’^^ 
may  reside,  and  the  defendant  shall  have  his  election  to 
have  his  case  tried  before  the  Justice  who  issued  the  writ 
of  replevin  or  summons,  or  before  the  Justice  of  the  ward 
in  which  he  resides. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  624.  P.  E.  E.,  (1888)  Art.  4,  Sec.  612. 

628.  The  Justices  of  said  City  when  called  out  of  their 
offices  on  business  not  judicial,  may  receive  such  compen-  jj^tra  compen- 
sation for  their  services,  in  addition  to  their  fees  of  office, 
as  the  party  requiring  their  services  may  allow  them. 


1876,  ch.  28.  P.  E.  E.,  (1888)  Art.  4.  Sec.  613. 

629.  Each  of  the  Justices  of  the  Peace  appointed  for 
any  legislative  district  shall  keep  his  office  within  the  i^ocation  of 
limits  of  the  legislative  district  for  which  he  may  have 
been  appointed,  except  as  provided  in  the  succeeding 
section. 


378 


MISCELLANEOUS  LOCAL  LAWS. 


1882,  ch.  219.  1890,  ch.  230.  P.  L L.,  (1888)  Art.  4,  Sec.  614. 

1892,  ch.  651.  1894,  ch.  197.  1896,  ch.  131.  1898,  ch.  123, 

Sec.  630.  1898,  ch.  429. 

630.  It  shall  be  the  duty  of  the  Governor,  after  the 
appointment  of  the  Justices  of  the  Peace  provided  for  in 
Justices  of  the  Section  623,  to  select  from  the  Justices  of  the  Peace  so 
S^t^sifft^'  appointed,  a Justice  of  the  Peace  to  sit  at  each  station- 
hpus*e^VnThe  house  in  the  City  of  Baltimore,  and,  in  addition,  one 
Justice  of  the  Peace  to  act  at  such  times  and  places  as  is 
hereinafter  provided  for.  Each  Justice  so  selected  shall 
keep  his  office  at  the  station-house  for  which  he  was 
Hours  of  duty.  appointed,  and  shall  attend  to  such  station-house  from  8 
o’clock  A.  M.,  until  10  o’clock  A.  M.,  on  every  day  of  the 
week,  except  Sunday,  and  from  3 o’clock  P.  M.  until  5 
o’clock  P.  M.  on  every  day  except  Sunday,  and  on  every 
Sunday  in  each  year  shall  attend  at  the  station-house  for 
which  he  was  appointed  from  9 o’clock  A.  M.  until  11 
o’clock  A.  M. ; and  at  each  of  said  respective  sittings, 
hereinbefore  provided  for,  shall  perform  all  the  duties 
which  he  is  required  by  law  to  perform  ; the  attendance 
Additional  at  any  station-house  of  the  additional  Justice  of  the  Peace 

peac?  shall  be  regulated  and  controlled  by  the  Board  of  Police 

Commissioners  for  the  City  of  Baltimore,  or  by  the  State’s 
Attorney  for  Baltimore  City.  The  said  respective  Justices 
of.  the  Peace,  as  selected  to  sit  at  any  station-house  in  the 
City  of  Baltimore,  shall  transact  no  other  business  at  such 
station-house  except  the  business  required  of  them  by  the 
seven  preceding  sections  to  be  by  them  respectively 
performed  at  each  station  house. 

Brish  V.  Carter,  98  Md.  452. 


1892,  ch.  651.  P.  L.  L.,  (1888)  Art.  4,  Sec.  614A. 

Arrest  out  of  631.  When  there  is  an  arrest  by  an  officer  of  the 
office  hours.  Department  in  the  City  of  Baltimore  of  any  person 

for  violation  of  an  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore  or  a statute  of  the  General  Assembly 
of  the  State  of  Maryland,  punishable  by  fine  and  not  by 
imprisonment,  during  the  hours  when  the  Police  Magis- 
trates are  not  at  their  respective  station  houses,  the  police 
captain,  lieutenant  or  other  officer  on  duty  and  in  charge 


JUSTICES  OF  THE  PEACE  AND  CONSTABEES. 


379 


of  such  station  is  hereby  authorized  and  empowered  to 
release  for  the  next  hearing  before  the  Police  Magistrate 
any  person  so  arrested  upon  a deposit  of  an  amount  equal  app?a?iifS. 
to  the  fine  or  costs  or  penalty  imposed  if  found  guilty,  as 
surety  for  such  appearance,  and  after  the  hearing  the 
deposit  is  to  be  returned  to  the  depositor  if  the  complaint 
is  dismissed,  if  otherwise  it  is  to  be  appropriated  as  desig- 
nated by  law. 

Brish  V.  Carter,  98  Md,  452. 


1882,  ch.  615.  1894,  ch.  281.  P.  E.  L.,  (1888)  Art.  4,  Sec.  615. 

1890,  ch.  369.  P.  G.  E.,  (1904)  Art.  27,  Secs.  67A  & 68. 

632.  It  shall  be  the  duty  of  each  Justice  of  the  Peace  Duty  and  au- 
so  selected  to  sit  at  any  station  house  in  the  City  of  Balti-  jistSs°of 
more  to  hear  all  charges  made  against  any  person  because 
of  the  alleged  commission  by  such  person  of  any  criminal 
offence ; it  shall  be  the  duty  of  said  Justices  to  examine 
carefully  into  every  such  charge,  to  the  end  that  while 
justice  shall  be  done,  no  person  shall  be  subjected  to  costs 
or  imprisonment  without  sufficient  cause  ; each  of  the  said 
Justices  of  the  Peace  shall  have  power  to  hear,  try  and 
determine  the  case  of  every  person  who  may  be  arrested 
and  brought  before  him  in  the  said  City  of  Baltimore, 
charged  with  being  a tramp,  who  is  or  may  be  punishable  as 
such  under  sections  425  and  426  of  Article  27  of  the  Code  of  petty  offenses. 
Public  General  Laws,  title  “Crimes  and  Punishments’’ ; 
and  to  hear,  try  and  determine  the  cases  of  all  persons 
arrested  and  brought  before  him  charged  with  any  offence 
specified  in  sections  67 A and  68  of  the  same  Article,  or  in 
sections  881  to  884  of  this  Article,  relating  to  “Vagrant, 

Dependent  and  Vicious  Children”  ; and  to  hear,  try  and 
determine  the  cases  of  all  persons  brought  before  him 
charged  with  assault  or  with  assault  and  battery ; and  to 
hear,  try  and  determine  all  charges  of  carrying  concealed 
weapons,  and  all  prosecutions  or  criminal  proceedings  for 
an  act  done  or  omitted  to  be  done  in  the  City  of  Baltimore, 
the  doing  of  which  act  or  the  omission  to  do  which  act, 
which  is  or  may  be  punishable  under  any  Act  of  Assembly 
of  this  State  or  under  any  ordinance  of  the  Mayor  and  City 


380 


MISCEI.LANEOUS  EOCAE  EAWS. 


Commitment. 


Bail. 


Council  of  Baltimore,  by  pecuniary  fine  only  not  exceeding 
one  hundred  dollars ; but  it  shall  be  the  duty  of  the  said 
Justice,  before  proceeding  to  hear,  try  and  determine  any 
of  the  charges  aforesaid,  to  inform  the  party  or  parties 
charged  therewith  of  his  or  their  respective  right  to  a jury 
trial  ; and  if  a jury  trial  be  so  prayed,  or  if  the  Statens 
Attorney  for  said  City  shall  before  trial  for  the  alleged 
offence  pray  a jury  trial  on  the  part  of  the  State,  the 
Justice  shall  forthwith  commit  or  hold  the  party  to  bail 
for  trial  in  the  Criminal  Court  of  Baltimore  and  endorse  on 
the  commitment  or  recognizance  the  fact  of  a jury  trial 
having  been  prayed  ; it  is,  however,  hereby  expressly  pro- 
vided that  the  said  Justices  shall  not  have  power  to  try 
and  determine  any  violation  of  the  Code  of  Public  General 
Laws  of  this  State  relating  to  licenses,  except  violations  of 
the  laws  relating  to  hawkers  and  peddlers,  which  they 
shall  have  jurisdiction  to  try  and  determine,  and  shall  not 
have  power  to  try  and  determine  any  violations  of  the  laws 
relating  to  Sabbath-breaking,  but  shall  cause  all  such 
offenders  against  the  said  provisions  of  said  Code  of  Public 
General  Laws,  except  as  aforesaid,  to  be  committed  or  held 
to  bail  for  trial  in  the  Criminal  Court  of  Baltimore.** 

*Eancaster  v.  State,  90  Md.  211. 


**NoTB. — Trials  before  Justices  of  the  Peace. 

As  to  waiver  of  a jury  trial  before  a Justice  of  the  Peace  and  construc- 
tion of  Acts  1890,  ch.  369  .and  1894,  ch.  281,  see.,  State  ex  ret.  Ean cas- 
ter V.  Hall,  Daily  Record,  June  28,  1899. 

As  to  discretion  of  a Justice  of  the  Peace  concerning  punishment  in 
cases  of  assault,  see,  State  v.  Hebron,  Daily  Record,  September  3,  1903. 

A commitment  by  a Justice  of  the  Peace  imposing  an  excessive  pen- 
alty where  accused  was  committed  to  House  of  Correction  was  held  void 
only  as  to  excessive  part  of  penalty;  Adams  v.  Superintendent  of  House 
of  Correction,  Daily  Record,  April  3,  1903. 

The  Act  1898,  ch.  167  was  held  to  be  constitutional  in  re,  Eoane  v. 
Affelder,  Daily  Record,  July  2,  1898. 

As  to  appeals  from  magistrates’  judgments  and  trial  of  same,  see, 
Messick  v.  State,  82  Md.  583;  Judefind  v.  State,  78  Md.  510.  As  to 
right  of  jury  trial  in  appeals  from  magistrates’  decisions,  see,  Danner  v. 
State,  89  Md.  220.  As  to  jurisdiction  of  magistrates,  see,  Roth  v.  State, 
89  Md.  524. 


JUSTICES  OF  THE  PEACE  AND  CONSTABEES. 


381 


1882,  ch.  219.  P.  E.  L.,  (1888)  Art.  4.  Sec.  616. 

633.  In  all  criminal  prosecutions  or  proceedings  which, 
under  the  provisions  of  the  preceding  section,  may  be 
heard,  tried  and  determined  before  a Justice  of  the  Peace 
sitting  at  a station  house  in  the  City  of  Baltimore,  it  shall 
be  the  duty  of  such  Justice  of  the  Peace  before  whom  such 
case  is  tried,  in  the  event  of  the  conviction  of  the  accused 
at  the  said  trial,  to  impose  upon  the  said  accused  so  con-  Fines, 
victed,  the  fine,  or  the  fine  and  punishment  prescribed  in 
case  of  such  conviction  by  the  Act  of  Assembly  of  this 
State,  or  by  the  ordinance  of  the  Mayor  and  City  Counci _ 
of  Baltimore,  for  the  violation  of  which  the  accused  was  so 
tried.  Any  person  sentenced  to  the  payment  of  any  fine,  when  not  paid, 
■and  to  the  payment  of  the  costs  of  his  prosecution,  who 
shall  not  forthwith  pay  the  said  fine  and  the  costs  of  said 
prosecution,  shall  be  committed  by  such  Justice  of  the 
Peace  to  the  jail  of  Baltimore  City  until  such  fine  and  costs 
are  paid,  or  until  the  said  person  shall  be  discharged  from 
such  jail  by  the  due  course  of  law. 


1882,  ch.  219.  P.  E.  L.,  (1888)  Art.  4,  Sec.  617. 

634.  When  a person  charged  with  any  offence  referred 
to  in  this  sub-division  of  this  Article,  or  the  Statens  Attor- 
ney, shall  pray  a jury  trial,  the  Justice  of  the  Peace  shall.  Jury  trial, 
in  addition  to  his  duties  prescribed  in  section  632,  endorse 
upon  said  commitment  or  recognizance  the  names  and 
.residences  of  the  witnesses  for  the  prosecution ; and  such 
commitment  or  recognizance  so  endorsed  shall  be  returned 
forthwith  to  the  Clerk  of  the  said  Criminal  Court  of 
Baltimore. 


1876,  ch.  28.  P.  E.  E.,  (1888)  Art.  4,  Sec.  618. 

635.  The  Justice  of  the  Peace,  so  selected  to  sit  at  any 
station  house,  may  be  changed  from  time  to  time  by  the 
Governor,  at  his  discretion,  and  any  other  Justice  of  the 
Peace  may  be  selected  by  the  Governor  to  perform  the  said  Assignment  of 
duties  at  said  station  house.  justices. 


382 


MISCKI.I.ANEOUS  EOCAE  EAWS. 


Salary. 


Fees  for  grant- 
ing releases 
prohibited. 


Temporary  ab- 
sence of  J.  P’s. 


Substitute 
J.  P’s. 


1876,  ch.  28.  P.  E.  E.,  (1888)  Art.  4,  Sec.  619. 

636.  Each  Justice  of  the  Peace  selected  to  sit  at  a 
Station  house  in  the  City  of  Baltimore  shall  receive 
the  sum  of  one  hundred  and  seventy-five  dollars  per  month, 
or  a proportionable  part  thereof,  so  long  as  he  shall  continue 
to  act  at  a station  house  in  said  City,  under  the  selection 
of  the  Governor  ; which  sum  of  money  shall  be  paid  to  him 
by  the  City  Register  at  the  end  of  each  month  of  his  said 
service,  or  a proportionable  part  thereof,  at  the  end  of  any 
portion  of  a month  at  which  the  service  of  such  Justice  of 
the  Peace  at  said  station  house  may  terminate,  upon  the 
certificate  of  the  Board  of  Police  Commissioners  of  Balti- 
more City,  that  such  service  has  been  rendered  under  the 
appointment  of  the  Governor  as  aforesaid  ; and  no  Justice 
of  the  Peace  selected  for  a station  house  shall  be  permitted 
to  charge  any  fee,  or  receive  any  gratuity  for  granting  any 
release,  or  for  the  performance  of  any  duty  required  by 
law. 


1880,  ch.  461.  P.  E.  E.,  (1888)  Art.  4,  Sec.  620. 

637.  If  any  Justice  of  the  Peace  who  has  been  selected 
as  aforesaid  to  sit  at  any  station  house  in  the  City  of  Balti- 
more is  unable,  by  reason  of  sickness  or  other  unavoidable 
cause,  to  attend  to  his  duty  at  said  station  house,  or  fails 
to  attend  at  said  station  house,  at  any  time,  when  his 
presence  is  there  required,  it  shall  be  the  duty  of  the  Board 
of  Police  Commissioners  of  Baltimore  City  to  require 
another  Justice  of  the  Peace  to  perform  the  duties  at  said 
station  house,  of  the  said  Justice  of  the  Peace  so  sick  or 
absent ; and  it  shall  be  the  duty  of  the  Justice  of  the  Peace 
so  required  to  perform  said  duties  at  said  station  house,  to 
perform  the  same  so  long  as  may  be  necessary,  or  until  the 
Governor  shall  select  another  Justice  to  perform  said 
duties ; the  Justice  of  the  Peace  so  required  to  perform 
said  duties  at  said  station  house,  by  the  said  Board  of 
Police  Commissioners,  in  place  of  the  Justice  selected  by 
the  Governor,  shall  receive  six  dollars  per  day  for  every 
day  he  shall  actually  serve  at  such  station  house ; which 
pay  shall  be  deducted  from  the  pay  provided  to  be  paid  to 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 


383 


to  the  Justice  selected  to  sit  at  such  station  house  and  fail- 
ing to  attend  ; provided,  that  said  pay  of  the  said  Justice 
who  may  sit  in  the  absence  of  the  Justice  so  selected  to  sit 
at  any  station  house,  shall  not  be  deducted  from  the  pay  of 
the  said  last-named  Justice,  if  the  said  Board  of  Police 
Commissioners  shall  certify  that  such  absence  was  by 
reason  of  his  necessary  attendance  upon  any  court  or 
Justice  of  the  Peace  of  said  State,  under  its  process,  nor 
when  such  absence  shall  not  exceed  fifteen  days  in  the 
course  of  any  one  year,  and  when  the  said  Board  of  Police 
Commissioners  shall  certify  that  such  last-named  absence, 
not  exceeding  fifteen  days,  as  aforesaid  was  occasioned  by 
sickness  or  other  unavoidable  cause. 


1888,  ch.  336.  P.  L.  L.,  (1888)  Art.  4.  Sec.  621. 

638.  The  said  station-house  Justices  are  granted  a leave  Leave  with  pay. 
of  absence,  with  pay,  for  fifteen  days  during  each  and 
every  year;  and  the  Board  of  Police  Commissioners  are 
authorized  to  designate  one  of  the  civil  magistrates  to  act 
in  their  place  during  said  absence,  who  shall  be  paid  the 
same  as  the  station-house  Justices  receive. 


1876,  ch.  28.  P.  L.  L,,  (1888)  Art.  4,  Sec.  622. 

639.  No  Justice  of  the  Peace  appointed  under  the  pro- 
visions of  section  623  shall  be  paid  by  the  City  of  Baltimore 
any  fee  for  issuing  any  State  writ,  or  for  any  search  war-  ^^tion”JdSties 
rant,  or  for  taking  the  recognizance  of  any  witness,  or  for 
taking  any  recognizance  in  any  case  reported  to  court,  or 
for  any  commitment  or  release,  or  for  issuing  any  subpoena 
in  any  criminal  case,  or  in  any  case  instituted  to  recover 
any  fine,  penalty  or  forfeiture  claimed  by  the  State  of 
Maryland,  or  by  the  Mayor  and  City  Council  of  Baltimore; 
and  no  police  officer  or  constable  shall  be  paid  by  the  Mayor 
and  City  Council  of  Baltimore  any  fee  for  the  service  of 
any  subpoena  or  process  in  any  criminal  case,  before  any 
Justice  of  the  Peace,  or  for  service  of  any  subpoena  or  pro- 
cess in  any  case  pending  before  any  Justice  of  the  Peace, 


384 


MISCBI.I.ANKOUS  I.OCAI.  I.AWS. 


for  the  recovery  of  any  fine,  forfeiture  or  penalty  by  the 
State  of  Maryland  or  by  the  Mayor  and  City  Council  of 
Baltimore. 


1876,  ch.  28.  P.  I..  Iv.,  (1888)  Art.  4,  Sec.  623. 

640.  It  shall  be  the  duty  of  the  officers  of  police,, 
policemen  and  detectives  appointed  by  the  Board  of  Police 
Commissioners  of  Baltimore  City,  to  serve  and  execute  any 
warrants.  and  all  writs,  warrants,  subpoenas  and  commitments,  which 
may  be  issued  by  any  Justice  of  the  Peace  selected  to  sit 
at  the  station  houses  in  the  City  of  Baltimore  as  herein- 
before provided. 


1876,  ch.  28.  P.  L.  L.,  (1888)  Art.  4,  Sec.  624. 

641.  Whenever  any  Justice  of  the  Peace  appointed 
under  the  provisions  of  this  sub-division  of  this  Article 
other  than  one  of  the  Justices  selected  as  aforesaid  to  sit 
at  a station  house  as  aforesaid,  shall  issue  a State  writ  for 
arrest  of  any  person,  or  shall  issue  any  writ  or  sum- 
mons against  any  person  or  corporation  to  recover  any  fine, 
penalty,  or  forfeiture,  under  any  law  of  this  State,  or 
under  any  ordinance  of  the  Mayor  and  City  Council  of 
Baltimore,  such  writ  or  summons  shall  be  made  returnable 
before  one  of  the  Justices  of  the  Peace  selected  by  the 
Governor  to  sit  at  a station  house  in  the  City  of  Baltimore, 
and  shall  not  be  made  returnable  before  the  Justice  of  the 
Peace  issuing  the  same,  unless  he  be  one  of  the  Justices 
of  the  Peace  selected  to  sit  at  a station  house  as  aforesaid. 


1876,  ch.  28.  P.  L.  h.,  (1888)  Art.  4,  Sec.  625.  ^ 

Duty  of  officer  642.  Whenever  any  person  shall  be  arrested  upon  any 
arrest  when  Criminal  chargc,  or  for  the  violation  of  any  law  of  this 
turnabie  State,  or  of  any  ordinance  of  the  Mayor  and  City  Council 
house  Justice,  of  Baltimore,  it  shall  be  the  duty  of  the  police  officer  or 
constable  making  such  arrest,  or  in  whose  custody  the  said 
person  so  arrested  may  be,  to  take  the  person  so  arrested 
before  the  Justice  of  the  Peace  sitting  at  a station  house, 
who  may  have  issued  the  writ  or  warrant  for  such  arrest,, 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 


385 


or  before  whom  such  writ  or  warrant  of  arrest  is  made 

arrest  is 

returnable ; but  if  such  arrest  is  made  without  writ  or 
warrant,  or  if  such  writ  or  warrant  is  made  returnable  °orretum- 
before  another  Justice  than  a Justice  of  the  Peace  sitting  hoLe 
at  a station  house,  it  shall  be  the  duty  of  the  said  police 
officer  or  constable  to  take  the  person  so  arrested  to  the 
nearest  station  house  ; and  the  Justice  of  the  Peace  sitting 
at  said  station  house  shall  take  jurisdiction  in  said  case. 


1876,  ch.  28.  P.  L.  L.,  (1888)  Art.  4,  Sec.  626. 

643.  Every  Justice  of  the  Peace  appointed  under  the 
provisions  of  this  sub-division  of  this  Article,  shall  file  with 
the  Clerk  of  the  Court  of  Common  Pleas,  on  the  first  dav 
ot  April,  July,  October  and  January,  in  each  and  every  {^Jofed  un- 
year, an  account  verified  by  his  oath  or  affirmation,  of  all  ^enaws. 
fines,  forfeitures  and  penalties  imposed  by  him  under  the 
laws  of  this  State,  during  the  three  preceding  months ; 
which  said  account  shall  show  the  names  of  the  respective 
defendants,  the  Acts  of  Assembly  under  which  said  fines, 
forfeitures  and  penalties  were  respectively  imposed,  and 
the  amounts  paid  in  each  case  by  the  said  respective  de- 
fendants ; and  the  said  Justice  of  the  Peace,  at  the  time  of 
filing  said  account  shall  pay  over  to  the  said  clerk  the 
amount  of  said  fines,  penalties  and  forfeitures  so  received, 
or  the  portion  thereof  to  which  the  State  of  Maryland  is 
entitled,  to  be  accounted  for  by  said  clerk  as  other  moneys 
of  the  State  are  accounted  for  by  him. 


1876,  ch.  28.  P.  L.  L.,  (1888)  Art.  4,  Sec.  627. 

644.  Every  Justice  of  the  Peace  appointed  under  the 
provisions  of  this  sub-division  of  this  Article  shall  file  with  Accounting- 
the  City  Register,  on  the  first  day  of  April,  July,  October 
and  January  in  each  and  every  year,  an  account  verified  by  S?dinan?l^.'‘ 
his  oath  or  affirmation,  of  all  fines,  forfeitures  and  penal- 
ties imposed  by  him  under  the  ordinances  of  the  Mayor 
and  City  Council  of  Baltimore  during  the  three  preceding 
, months  ; which  said  accounts  shall  show  the  names  of  the 
; respective  defendants,  the  ordinances  under  which  said 


386 


MISCKIvI^ANEOUS  EOCAE  LAWS. 


When  no  fines 
collected. 


Accounting 
and  appli- 
cation of 
costs. 


Justices  of  the 
Peace  not  to 
take  super- 
sedeas. 


fines,  penalties  or  forfeitures  were,  respectively,  imposed, 
and  the  amounts  paid  in  each  case  by  said  respective  de- 
fendants ; and  the  said  Justice  of  the  Peace  at  the  time  of 
filing  said  account  shall  pay  over  to  the  said  Register  the 
amount  of  said  fines,  penalties  and  forfeitures  so  received, 
or  the  portion  thereof  to  which  the  Mayor  and  City  Coun- 
cil of  Baltimore  is  entitled  to  be  accounted  for  by  said 
Register  as  other  moneys  of  the  said  City  are  accounted 
for  by  him. 


1876,  ch.  28.  P.  L.  L.,  (1888)  Art.  4,  Sec.  628. 

645.  If  any  Justice  of  the  Peace  shall  not  have  imposed 
or  received  any  such  fines,  forfeitures  or  penalties,  or  any 
portion  thereof,  as  are  mentioned  and  described  in  the  said 
two  preceding  sections,  in  the  said  three  months  preceding 
the  time  hereinbefore  prescribed  for  filing  said  accounts,  he 
shall  file  an  affidavit  or  affirmation  to  that  effect  at  the 
time  prescribed  for  filing  said  accounts. 


1876,  ch.  28.  P.  L.  L.,  (1888)  Art.  4,  Sec.  629. 

646.  All  Costs  paid  to  any  Justice  of  the  Peace  sitting 
at  any  station  house  shall  be  accounted  for  and  paid  by 
said  Justice  to  the  Board  of  Police  Commissioners  of  Balti- 
more City,  to  be  by  them  applied  as  directed  by  section 
750  of  this  sub-division  of  this  Article. 


P.  G.  Iv.,  (1860)  Art.  18,  Sec.  25.  P.  L.  h.,  (1888)  Art.  4.  Sec.  630. 

647.  It  shall  not  be  lawful  for  the  Justice  of  the  Peace 
of  the  City  of  Baltimore  to  take  supersedeas  of  any  judg- 
ment recovered  in  the  Court  of  Common  Pleas,  the  Superior 
Court  of  Baltimore  City,  or  Baltimore  City  Court,  or  any 
decree  of  the  Circuit  Court  or  Circuit  Court  Number  Two 
of  Baltimore  City,  but  such  supersedseas  shall  be  taken  by 
the  clerks  of  said  courts  respectively. 


LANDLORD  AND  TENANT. 


387 


1864,  ch.  179.  1870,  cli.  39.  P.  L.  L.,  (1888)  Art.  4,  Sec.  31. 

648.  If  a Justice  of  the  Peace  in  Baltimore  City  dies, 
resigns  or  is  removed,  his  docket  and  papers  shall  be  de-  ^ nation  or 
livered  to  the  Clerk  of  the  City  Court  within  thirty  days 
thereafter. 


1876,  ch.  28.  P.  L.  L.,  (1888)  Art.  4.  Sec.  633. 

649.  If  any  Justice  of  the  Peace  or  constable  appointed 
under  the  provisions  of  this  sub-division  of  this  Article  be 
convicted  in  a court  of  law,  of  any  misdemeanor  in  office.  Misdemeanors 
his  removal  from  said  office  shall  be  part  of  the  sentence 
or  judgment  pronounced  upon  him  by  the  said  Court.  No 
constable  shall  deputize  any  person  to  act  in  the  service  of 
any  writ  whatever  for  or  in  his  behalf. 


LANDLORD  AND  TENANT. 

1888,  ch.  487.  1890,  ch.  327.  P.  L.  L.,  (1888)  Art.  4,  Sec.  634. 

650.  In  all  cases  of  any  demise  or  agreement  for  rental, 
express  or  implied,  verbal  or  written,  hereafter  to  be  made 
of  lands  or  tenements,  whether  real  estate  or  chattels  real, 
within  the  limits  of  the  City  of  Baltimore,  for  less  term  Distress  denied 
than  three  calendar  months,  the  remedy  of  distress  for  rent  than  three 
due  be  and  the  same  is  hereby  taken  away  and  altogether 
superseded. 


1888,  ch.  487.  1890,  ch.  327.  P.  L.  L.,  (1888)  Art.  4,  Sec.  635. 

651.  Whenever  the  tenant  under  any  such  demise  or 
agreement  of  rental,  express  or  implied,  verbal  or  writ- 
ten, of  lands  or  tenements,  whether  real  estate  or  chattels 
real  within  the  limits  of  the  City  of  Baltimore,  shall  fail  to 
pay  the  rent  thereunder  when  due  and  payable,  it  shall  be 
lawful  for  the  lessor  to  have  again  and  re-possess  the 
premises  so  rented. 


1888,  ch.  487.  1890,  ch.  327.  P.  L.  E.,  (1888)  Art.  4,  Sec.  636. 

652.  Whenever  any  lessor  shall  desire  to  have  again  and  Proceedings 
re-possess  any  premises  to  which  he  is  entitled  under  the  seL^on.°^’ 


388 


MISCKI.I.ANEOUS  EOCAE  EAWS. 


Adjournment. 


provisions  of  the  preceding  section,  he,  or  his  duly  qualified 
agent  or  attorney,  shall  make  his  written  complaint  under 
oath  or  affirmation,  before  any  Justice  of  the  Peace  of  the 
City  of  Baltimore,  and  describing  therein  in  general  terms 
the  property  sought  to  be  had  again  and  re-possessed  as 
aforesaid,  and  also  setting  forth  the  name  of  the  tenant  to 
whom  the  same  is  rented,  or  his  assignee  or  under  tenant 
or  tenants,  with  the  amount  of  rent  thereon  due  and  un- 
paid; and  praying  by  warrant  to  have  again  and  re-possess 
the  premises,  together  with  judgment  for  the  amount  of 
rent  due  and  costs;  and  it  shall  thereupon  be  the  duty  of 
said  Justice  of  the  Peace  forthwith  to  issue  his  summons, 
directed  to  any  constable  of  the  City  of  Baltimore,  and 
ordering  him  to  notify  said  tenant,  assignee  or  under  ten- 
ant forthwith  to  appear  before  the  said  Justice  of  the 
Peace,  at  the  trial  to  be  held  on  the  second  day  after  the 
filing  said  complaint,  to  show  cause  why  the  prayer  of  said 
lessor  should  not  be  granted  as  aforesaid,  and  the  said 
constable  shall  forthwith  proceed  to  serve  said  summons 
upon  said  tenant,  assignee  or  under  tenant  in  said  premises, 
or  upon  his  or  their  known  or  authorized  agent,  but  if  for 
any  reason,  neither  said  tenant,  assignee  or  under  tenant, 
nor  his  or  their  agent  can  be  found,  then  said  constable 
shall  affix  an  attested  copy  of  said  summons  conspicuously 
upon  said  premises,  and  such  affixing  of  said  summons 
shall,  for  the  purposes  of  this  sub-division  of  this  Article, 
be  deemed  and  construed  a sufficient  service  upon  all  per- 
sons whomsoever. 


1888,  ch.  487.  1890,  ch.  327.  P.  E.  E.,  (1888)  Art.  4,  Sec.  637. 

653.  If  at  the  trial  on  the  second  day  aforesaid,  the 
Justice  of  the  Peace  shall  be  satisfied  the  interest  of  justice 
will  be  better  served  by  an  adjournment  to  enable  either 
party  to  procure  his  necessary  witnesses,  he  may  adjourn 
the  trial  for  a period  not  exceeding  one  day,  except  by 
consent  of  all  parties,  and  if  at  said  trial  or  due  adjourn- 
ment thereof  as  aforesaid,  it  shall  appear  to  the  satisfaction 
of  the  Justice  of  the  Peace  before  whom  said  complaint  has 
been  made  and  tried  as  aforesaid,  that  the  rent  or  any  part 


LANDLORD  AND  TENANT. 


389 


of  the  rent  for  said  premises  is  actually  due  and  unpaid, 
then  the  said  Justice  of  the  Peace  shall  give  judgment  in 
favor  of  said  lessor  for  the  amount  of  rent  found  due,  with 
costs  of  suit,  and  shall  order  that  said  tenant  and  all  per- 
sons claiming  or  holding  by  or  under  said  tenant  shall  yield 
and  render  up  possession  of  said  premises  unto  said  lessor, 
or  unto  his  duly  qualified  agent  or  attorney  within  two  days 
thereafter;  provided,  however,  that  if  the  said  tenant,  or 
some  one  for  him,  shall  at  said  trial  or  due  adjournment 
thereof  as  aforesaid,  tender  the  rent  found  to  be  due  and 
unpaid,  together  with  the  costs  of  said  suit,  the  said  com- 
plaint shall  be  entered  satisfied  and  no  further  proceedings 
shall  be  had  thereunder. 


1888,  ch.  487.  1890,  ch.  327.  P.  L.  E.,  (1888)  Art.  4,  Sec.  638. 

654.  In  case  judgment  shall  be  given  in  favor  of  said 
lessor  in  the  manner  aforesaid,  and  the  tenant  shall  fail  to 
comply  with  the  requirements  of  the  said  order  within  two 
days  aforesaid,  the  said  Justice  of  the  Peace  shall,  on  or  at 
any  time  after  the  expiration  of  said  two  days,  issue  his 
warrant,  directed  to  any  constable  of  the  City  of  Baltimore, 
that  the  lessor  may  elect,  ordering  him  to  cause  said  lessor  Dispossession, 
to  have  again  and  re-possess  said  premises  by  putting  him 
(or  his  duly  qualified  agent  or  attorney  for  his  benefit)  in 
possession  thereof,  and  for  that  purpose  to  remove  from 
said  premises,  by  force  if  necessary,  all  the  furniture,  im- 
plements, tools,  goods,  effects  or  other  chattels  of  every 
description  whatsoever  belonging  to  said  tenant,  or  to  any 
person  claiming  or  holding  by  or  under  said  tenant. 


1888,  ch.  487.  1890,  ch.  327.  P.  L.  L.,  (1888)  Art.  4,  Sec.  639. 

655.  The  tenant  may  appeal  from  the  judgment  of  the  Appeal.  • 
Justice  of  the  Peace  to  the  Baltimore  City  Court,  at  any 
time  within  two  days  from  the  rendition  of  such  judgment; 
the  tenant  in  order  to  stay  any  execution  of  the  judgment, 
shall  give  a bond  to  the  landlord  with  one  or  more  securi- 
ties, who  are  owners  of  sufficient  leasehold  or  real  estate 
in  Baltimore  City,  with  condition  to  prosecute  the  appeal 


390 


MISSCKivIvANKOUS  LOCAI.  I.AWS. 


Appeal  bond,  effect,  and  answer  to  the  landlord,  his  executors, 

administrators,  in  all  costs  and  damages  mentioned  in  the 
judgment,  and  such  other  damages  as  shall  be  incurred 
and  sustained  by  reason  of  said  appeal ; the  aforesaid  bond 
shall  not  affect  in  any  manner  the  right  of  the  lessor  to 
proceed  against  said  tenant,  assignee  or  under  tenant  for 
any  and  all  rents  that  may  become  due  and  payable  to  the 
lessor  after  the  rendition  of  said  judgment.** 


1888,  ch.  487.  1890,  ch.  327.  P.  L.  h.,  ri888)  Art.  4,  Sec.  640. 

^Sfa?ges.  The  fee  and  charges  of  the  Justice  of  the  Peace 

and  constables  under  this  Article  shall  be  the  following 
and  no  other  : “First  costs, to  the  Justice  of  the  Peace 

for  preparing  the  written  complaint  and  taking  the 
affidavit  of  the  plaintiff  thereto,  twenty-five  cents,  and  for 
issuing  the  summons  to  the  tenant  and  preparing  attested 
copy,  twenty-five  cents;  “second  costs,''  for  every  judg- 
ment rendered  where  there  is  no  trial,  twenty-five  cents  ; 
for  every  judgment  rendered  on  trial,  fifty  cents,  and  ten 
cents  additional  for  every  witness  sworn  or  examined ; 
“third  costs,"  for  preparing  and  taking  the  bond  of  tenant 
in  case  of  appeal,  twenty-five  cents ; for  the  warrant  for 
re-entry  (in  case  it  be  issued),  twenty-five  cents;  “first 
costs, ' ' to  the  constable  for  serving  the  summons,  forty 
cents;  “second  costs,"  for  executing  the  warrant  for  re- 
entry, one  dollar  ; and  any  Justice  of  the  Peace  or  consta- 
penaity  for  ex-  ^lo  who  shall  charge  or  receive  more  than  the  actual  fees 
cessive  costs,  prescribed  for  each  specific  act  performed  as  the  case  pro- 
ceeds, shall  be  deemed  guilty  of  a misdemeanor,  and  on 
conviction  thereof  shall  be  subject  to  and  pay  a fine  or 
penalty  of  not  less  than  one  hundred  dollars  or  more  than 
three  hundred  dollars  for  each  offence,  one-half  thereof 


**Note. — Appeals  from  Judg^nents  of  Justices  of  the  Peace.  From  a 
judgment  rendered  under  the  Act  1888,  ch.  487,  an  appeal  will  lie  to 
the  Baltimore  City  Court. 

Stewart  v.  Duvall,  Daily  Record,  March  7,  1889. 

Note.  — In  connection  with  section  655,  see.,  Knell  v.  Briscoe,  49  Md. 
420. 


IvARCENY. 


391 


for  the  use  of  the  State,  and  the  other  half  thereof  to  the 
person  that  shall  first  prefer  the  charge  against  such 
offender. 


LARCENY. 

1900,  ch.  739. 

§656a.  No  person  in  the  City  of  Baltimore  shall  ^purchlU° 
chase  from  a child  or  minor  under  the  age  of  sixteen  years  from  a child 

. under  certait 

any  hardware,  plumbing,  gas  or  electric  fixtures,  tools, 
household  utensils,  books,  ornaments,  jewelry,  poultry,  or 
animals  of  any  kind,  unless  the  said  child  or  minor  under 
the  age  of  sixteen  years  is  accompanied  by  his  or  her 
parent  or  guardian,  or  by  some  adult  person  known  to  the 
purchaser,  who  shall  certify  that  the  said  child  or  minor 
under  the  age  of  sixteen  years  has  come  by  the  goods 
honestly,  and  has  a right  to  sell  the  same. 

1900,  ch.  739. 

§656b.  Any  person  offending  against  the  preceding 
sections,  and  any  person  falsely  certifying  that  he  knows 
the  child  or  minor  under  the  age  of  sixteen  years  has 
obtained  the  goods  honestly,  and  has  a right  to  sell  the 
same,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  more  than  two  hundred  Penalty  for 

. . . violation. 

dollars,  or  committed  to  jail  for  not  more  than  six  months, 
or  fined  and  imprisoned  as  aforesaid. 


1900,  ch.  739. 

§656c.  Nothing  in  this  Act  shall  in  any  way  affect  Not  to  affect 
Section  371,  Article  27,  of  the  Maryland  Code  of  Public 
General  Laws,  entitled  “Receiving  Stolen  Goods,  Money 
or  Securities.'’ 


LEGISLATIVE  DISTRICTS. 

Wards. 

1898,  ch.  10. 

§656d.  It  shall  be  the  duty  of  the  Board  of  Supervisors 
of  Elections  of  Baltimore  City  to  proceed  forthwith  to 


392 


MISCELI.ANKOUS  EOCAE  EAWS. 


Divided  into 
twenty-four 
wards. 


Wards  to  be 
described 
and  num- 
bered. 


divide  and  lay  off  the  City  of  Baltimore  into  twenty-four 
wards,  to  be  each  as  regular  and  compact  in  form  as  may 
be  practicable,  and  having  according  to  the  police  census 
taken  in  December,  1897,  as  nearly  as  may  reasonably  be 
practicable,  equal  population,  and  in  such  manner  that  no 
ward  shall  exceed  or  fall  short  by  more  than  fifteen  per 
cent,  of  the  number  of  inhabitants  it  would  contain  if  it  was 
so  laid  off  as  to  include  within  its  boundaries  precisely  one- 
twenty-fourth  of  the  aggregate  population  of  the  city,  and 
the  said  Board  of  Supervisors  shall  number  the  said  wards 
from  one  to  twenty-four  consecutively. 


1898,  ch.  10. 

§656e.  When  the  said  twenty-four  wards  are  so  laid 
out  by  the  said  Board  of  Supervisors  of  Elections  of  the 
City  of  Baltimore,  as  hereinbefore  directed,  it  shall  be  the 
duty  of  the  said  Board  to  make  or  cause  to  be  made  in  a 
proper  book,  a careful  description  of  the  boundaries  of  each 
of  the  said  wards,  so  numbered  as  aforesaid,  under  its 
proper  number,  and  after  making  a careful  and  exact  copy 
of  the  same  in  another  proper  book,  and  after  verifying 
the  said  original  book  and  the  said  copy  by  their  signatures, 
to  deposit  the  original  book  in  the  clerk’s  office  of  the 
Superior  Court  of  Baltimore  City,  and  it  shall  be  the  duty 
of  the  said  clerk  of  the  said  court,  to  record  the  same 
among  the  Land  Records  of  his  office,  and  a copy  of  the 
description  or  descriptions  contained  in  the  said  record  of 
the  boundaries  of  any  one  or  more  wards  therein  mentioned 
and  described,  shall  be  evidence  of  the  boundaries  of  such 
ward  or  wards  so  laid  out  as  aforesaid,  and  the  copy  of  said 
original  book  so  made  and  so  verified,  as  aforesaid,  by  the 
said  Board  of  Supervisors  of  Elections  of  Baltimore  City 
shall  always  be  retained  in  the  office  of  the  said  board 
among  the  records  of  the  said  board. 

1898,  ch.  10. 

§656f.  When  said  book  containing  the  said  descriptions 
of  the  said  wards  of  the  City  of  Baltimore  so  laid  out  as 
aforesaid,  has  been  deposited  for  record  in  the  clerk’s 


legislative  districts — WARDS. 


393 


office  of  the  Superior  Court  of  Baltimore  City,  then  the 
said  wards,  as  in  said  book  described,  and  laid,  shall  there- 
after be  deemed  to  be  the  several  wards  of  Baltimore  City. 


1898,  ch.  10. 

§656g.  It  shall  be  the  duty  of  the  said  Board  of  Super- 
visors of  Election  to  complete  the  said  work  of  dividing  the 
said  City  of  Baltimore  into  wards,  as  provided  by  this  Act, 
and  of  preparing  the  books  showing  such  division  as  afore- 
said and  of  depositing  for  record  the  book  showing  such 
division  as  hereinbefore  directed  within  thirty  days  after 
the  passage  of  this  Act. 


1898,  ch.  10. 

§656h.  The  said  Board  of  Supervisors  of  Elections  shall, 
after  the  said  wards  shall  be  laid  off  as  aforesaid,  proceed 
to  divide  each  of  said  wards  into  a suitable  number  of 
election  precincts,  in  the  manner  prescribed  in  section  124 
of  Article  33  of  the  Code  of  Public  General  Laws,  as  the 
same  was  amended  and  re-enacted  by  the  Act  of  1896, 
chapter  202,  and  by  the  Act  of  1904,  ch.  254,  provided, 
however,  that  the  said  Board  of  Supervisors  of  Elections 
shall  not  be  required  to  have  published  more  than  one 
insertion  of  the  advertisement  of  such  precinct,  or  of  the 
boundaries  of  such  precinct,  required  by  said  section  124  of 
said  Article  33  to  be  made. 


1898,  ch.  10. 

§656i.  The  said  Board  of  Supervisors  of  Elections  in  the 
City  of  Baltimore  shall  cause  maps  to  be  made  of  the  said 
new  wards  and  precincts  in  the  manner  required  by  section 
126  of  Article  33  of  the  Code  of  Public  General  Laws,  as 
amended  and  re-enacted  by  the  Act  of  1896,  chapter  202. 


1898,  ch.  123,  Sec.  657.  1901,  ch.  8. 

657.  The  twenty-four  wards,  into  which  the  City  of 
Baltimore  is  now  divided,  shall  be  numbered  as  follows  ; The 
present  first  ward  shall  in  future  be  known  and  numbered 


when  descrip- 
tions of 
wards  are 
recorded,  to 
become 
wards  of  City. 


To  be  made 
within  thirty 
days. 


Wards  to  be 
divided  into 
election  pre- 
cincts. 


Maps  to  be 
made. 


394 


miscellaneous  local  laws. 


Renumbering 
of  wards. 


Wards  em- 
braced in 
Legislative 
Districts. 


twenty-second  ward  ; the  present  second  ward  shall  in 
future  be  known  and  numbered  fourth  ward  ; the  present 
third  ward  shall  in  future  be  known  and  numbered  fifth 
ward ; the  present  fourth  ward  shall  in  future  be  known 
and  numbered  third  ward  ; the  present  fifth  ward  shall  in 
future  be  known  and  numbered  second  ward  ; the  present 
sixth  ward  shall  in  future  be  known  and  numbered  first 
ward  ; the  present  seventh  ward  shall  in  future  be  known 
and  numbered  sixth  ward  ; the  present  eighth  ward  shall 
in  future  be  known  and  numbered  seventh  ward ; the 
present  ninth  ward  shall  in  future  be  known  and  numbered 
eighth  ward ; the  present  tenth  ward  shall  in  future  be 
known  and  numbered  tenth  ward ; the  present  eleventh 
ward  shall  in  future  be  known  and  numbered  ninth  ward  ; 
the  present  twelfth  ward  shall  in  future  be  known  and 
numbered  twelfth  ward ; the  present  thirteenth  ward  shall 
in  future  be  known  and  numbered  eleventh  ward ; the 
present  fourteenth  ward  shall  in  future  be  known  and 
numbered  seventeenth  ward ; the  present  fifteenth  ward 
shall  in  future  be  known  and  numbered  fourteenth  ward  ; 
the  present  sixteenth  ward  shall  in  future  be  known  and 
numbered  thirteenth  ward  ; the  present  seventeenth  ward 
shall  in  future  be  known  and  numbered  fifteenth  ward  ; the 
present  eighteenth  ward  shall  in  future  be  known  and 
numbered  sixteenth  ward  ; the  present  nineteenth  ward 
shall  in  future  be  known  and  numbered  twentieth  ward  ; 
the  present  twentieth  ward  shall  in  future  be  known  and 
numbered  nineteenth  ward  ; the  present  twenty-first  ward 
shall  in  future  be  known  and  numbered  eighteenth  ward  ; 
the  present  twenty-second  ward  shall  in  future  be  known 
and  numbered  twenty-first  ward  ; the  present  twenty-third 
ward  shall  in  future  be  known  and  numbered  twenty-third 
ward  ; and  the  present  twenty-fourth  ward  shall  in  future 
be  known  and  numbered  twenty-fourth. 

Boundaries  of  Legislative  Districts, 

1894,  ch.  435.  1901,  ch.  8.  1902,  ch.  602. 

65 7 A.  The  first  legislative  district  of  Baltimore  City 
shall  be  and  consist  of  the  wards  as  newly  numberd  by  the 


COUNCILMANIC  DISTRICTS. 


395 


Act  of  1901,  chapter  8,  from  one  to  six,  both  inclusive,  as 
said  wards  were  laid  out  under  the  provisions  of  the  Act  of 
1898,  chapter  10,  approved  February  19,  1898;*  and  the 
second  legislative  district  of  Baltimore  City  shall  be  and 
consist  of  the  following  wards;  as  newly  numbered  by  the 
Act  of  1901,  chapter  8,  namely;  seventh,  eight,  ninth, 
twelfth,  thirteenth  and  fifteenth,  as  said  wards  were  laid 
out  under  the  provisions  of  the  Act  of  1898,  aforesaid;  and 
the  third  legislative  district  of  Baltimore  City  shall  be  and 
consist  of  the  following  wards  as  newly  numbered  by  the 
Act  of  1901,  chapter  8,  namely;  tenth,  eleventh,  fourteenth, 
sixteenth,  nineteenth  and  twentieth,  as  said  wards  were 
laid  out  under  the  provisions  of  the  Act  of  1898  aforesaid, 
and  the  fourth  legislative  district  of  Baltimore  City  shall 
be  and  consist  of  the  following  wards  as  newly  numbered 
by  the  Act  of  1901,  chapter  8,  namely;  seventeenth, 
eighteenth,  twenty-first,  twenty-second,  twenty-third  and 
twenty-  fourth,  as  said  wards  were  laid  out  under  the  pro- 
visions of  the  Act  of  1898  aforesaid. 


Councilmanic  Districts. 

1901,  ch.  8. 

65 7B.  The  First  Councilmanic  District  shall  be  and 
consist  of  the  wards  as  newly  numbered  by  this  Act  from 
one  to  six,  both  inclusive,  as  said  wards  were  laid  out  under  Rearrange- 
the  provisions  of  the  Act  of  1898  aforesaid;  that  the  second  Councilman- 
Councilmanic  District  shall  be  and  consist  of  the  following  Baltimore, 
wards,  as  newly  numbered  by  this  Act,  namely:  Seventh, 
eight,  ninth,  twelfth,  thirteenth  and  fifteenth,  as  said 
wards  were  laid  out  under  the  provisions  of  the  Act  of  1898, 
aforesaid;  that  the  third  Councilmanic  District  shall  be  and 
consist  of  the  following  wards,  as  newly  numbered  by  this 
Act,  namely:  Tenth,  eleventh,  fourteenth,  sixteenth, 

nineteenth  and  twentieth,  as  said  wards  were  laid  out 
under  the  provisions  of  the  Act  of  1898,  aforesaid;  that  the 
fourth  Councilmanic  District  shall  be  and  consist  of  the 

*Note. — Codified  as  sections  §656d  to  §656i  of  this  Article,  ante. 


396 


MISCBIvIvANKOUS  bocab  baws. 


Cost  of 
License. 


Penalty  for  un- 
licensed 
tables. 


City  may  tax 
also. 


License  to  be 
obtained. 


following  wards,  as  newly  numbered  by  this  Act:  Seven- 
teenth, eighteenth,  twenty-first,  twenty-second,  twenty- 
third  and  twenty-fourth,  as  said  wards  were  laid  out  under 
the  provisions  of  the  Act  of  1898,  aforesaid. 

LICENSES. 

Billiards, 

1870,  ch.  250.  P.  G.  B.,  (1888)  Art.  56,  Sec.  8.  P.  B.  B.,  (1888)  Art. 

4,  Sec.  641. 

668.  A license  may  be  granted  to  any  person  who  may 
apply  for  permission  to  keep  a billiard  table,  for  which 
license  there  shall  be  paid  the  sum  of  fifty  dollars,  and  for 
every  additional  billiard  table  kept  by  the  same  person,  he 
shall  pay  a license  of  twenty-five  dollars:  Provided,  that 
all  said  additional  tables  shall  be  kept  in  the  same  apart- 
ment; and  provided,  that  this  section  shall  not  apply  to  any 
billiard  table  kept  for  private  use. 

Germania  v.  State,  7.  Md.  1. 


1865,  ch.  56.  P.  G .B.,  (1888)  Art.  56,  Sec.  9.  P.  B.  B.,  (1888)  Art.  4, 
Sec.  642. 

659.  Any  person  keeping  or  exhibiting  for  use  a billiard 
table,  without  first  obtaining  a license  therefor,  shall  for 
each  and  every  table  so  kept  or  exhibited,  forfeit  and  pay 
the  sum  of  five  hundred  dollars,  one-half  to  the  informer 
and  the  other  half  to  the  State. 


P.  G.  B.,  (I860)  Art.  56,  Sec.  8.  P.  G.  B.,  (1888)  Art.  56,  Sec.  10. 

P.  B.  B.,  (1888)  Art.  4,  Sec.  643. 

660.  Nothing  contained  in  the  two  preceding  sections 
shall  impair  the  right  of  the  Mayor  and  City  Council  of 
Baltimore  to  impose  a further  tax  on  billiard  tables. 


Horse  Dealers. 

1884,  ch.  446.  P.  B.  B.,  (1888)  Art.  4,  Sec.  647. 

661.  It  shall  not  be  lawful  for  any  person,  co-partnership, 
firm,  corporation,  joint  stock  company,  brokers,  commission 


LICENSES — HORSE  DEALERS. 


397 


merchants,  agents,  factors  or  other  association  of  persons, 
to  engage  in  or  carry  on  the  business,  trade,  occupation  or 
calling  of  bartering,  buying,  selling,  exchanging  or  dealing 
in  horses,  mares,  geldings,  jackasses,  jennies  or  mules, 
either  as  an  individual,  co-partnership,  firm,  corporation, 
joint  stock  company,  commission  merchant,  agent,  factor, 
broker  or  other  association  for  said  purpose,  without  first 
obtaining  from  the  Clerk  of  the  Court  of  Common  Pleas  of 
Baltimore  City  a license  for  carrying  on  said  business,  for 
which  every  such  person,  if  he  desires  to  carry  on  said 
business  individually,  or  if  a firm  or  association,  composed 
of  not  more  than  two  persons,  or  corporation,  shall  pay  the  ^ Lk;?Le. 
sum  of  fifty  dollars,  provided,  that  all  the  names  and  places 
of  business  of  said  persons  so  applying  shall  be  inserted  in 
said  license;  and  if  more  than  two  individuals  constitute 
and  compose  any  such  firm,  co-partnership,  joint  stock 
company  or  association,  then  an  additional  sum  of  twenty- 
five  dollars  shall  be  paid  for  each  and  every  other  individual 
than  the  said  two  constituting  such  firm,  co-partnership, 
joint  stock  company  or  association,  of  individuals;  and 
provided,  further,  that  the  said  business  shall  not  be  carried 
on  in  any  of  the  streets,  lanes  and  alleys  of  the  City  of 
Baltimore. 


1884,  ch.  446.  P.  L.  E.,  (1888)  Art.  4,  Sec.  648. 

662.  Any  person,  and  the  individual  members  of  any 
co-partnership  or  firm,  the  stockholders  of  any  joint  stock 
company  or  corporation,  and  any  commission  merchant, 
agent,  factor,  broker,  or  the  individuals  of  any  other  asso- 
ciation of  persons  so  engaged  in  or  carrying  on  the  business, 
trade,  occupation  or  calling  of  bartering,  buying,  selling, 
exchanging  or  dealing  in  horses,  mares,  geldings,  jackasses, 
jennies,  or  mules,  who  or  which  shall  violate  any  of  the 
provisions  of  the  preceding  section,  shall  be  liable  to  Penalty, 
indictment  therefor,  and  upon  conviction  thereof  shall  be 
fined  one  hundred  dollars  for  each  and  every  offense,  one- 
half  thereof  for  the  use  of  the  State  and  the  other  half 
thereof  to  the  informer;  provided,  however,  that  nothing 
contained  in  this  or  the  preceding  section  shall  be  construed 


MISCEIXANEOUS  EOCAE  EAWS. 


to  prevent  breeders  and  owners  of  horses,  mares,  geldings, 
jackasses,  jennies  or  mules,  and  owners  residing  in  the 
counties  of  this  State  and  doing  business  elsewhere  than  in 
the  City  of  Baltimore,  and  all  owners  who  do  not  follow 
the  business,  trade,  occupation  or  calling  of  buying,  vend- 
ing, bartering,  exchanging  or  dealing  in  horses,  mares, 
geldings,  jackasses,  jennies  or  mules,  from  offering  the 
same  for  sale,  barter  or  exchange,  or  making  sale  of,  bar- 
tering or  exchanging  such  horses,  mares,  geldings,  jack- 
asses, jennies  or  mules,  as  they  shall  bring  to  the  City  of 
Baltimore,  without  a license ; and  nothing  contained  in 
this  or  the  preceding  section  shall  be  held  to  apply  to  reg- 
ularly licensed  auctioneers  in  the  City  of  Baltimore. 


1884,  ch.  446.  P.  L.  E-,  (1888)  Art.  4.  Sec.  649. 

663.  Any  person  or  body  corporate,  owning  or  renting 
from  the  owner  or  his  agent,  any  building  or  enclosure 
within  the  corporation  limits  of  Baltimore  City,  and  using 
the  same  in  buying,  selling,  trading,  exchanging,  barter- 
ing or  dealing  in  horses,  geldings,  mares  or  mules,  or  using 
the  same  in  exhibiting  or  exposing  for  sale,  trade, 
exchange  or  barter,  horses,  geldings,  mares  or  mules,  shall 
be  deemed  to  be  engaged  in  the  business,  trade,  occupation 
and  calling  of  buying,  selling,  trading,  exchanging,  barter- 
ing and  dealing  in  horses,  geldings,  mares  and  mules, 
under  the  two  preceding  sections,  and  be  held  liable  for  a 
violation  of  any  of  its  provisions. 


INSTALLATION  OF 

ELECTRICAL  APPARATUS  AND  WIRING.** 

1906,  ch.  244,  Sec.  1. 

§663a.  The  Governor  shall,  within  thirty  (30)  days 
after  the  passage  of  this  Act,  appoint  a Board  which  shall 

**NoTE. — Sections  §663a  to  §663q,  inclusive,  of  this  codification,  em- 
body verbatim,  respectively,  sections  1 to  17,  inclusive,  of  the  Act  1906, 
ch.  244.  The  Act  takes  effect  from  the  date  of  its  passage  and  repeals 
inconsistent  Acts.  The  caption  assigned  to  the  Act  is  intended  to  facili- 
tate reference  thereto. 


LICENSES — INSTALLATION  OF  ELECTRICAL  APPARATUS. 


399 


be  known  as  the  Board  of  Examiners  and  Supervisors,  ^amfners^an’d 
consisting  of  five  (5)  persons,  for  the  purpose  of  examin-  supervisors, 
ing  into  the  qualifications  and  capabilities  of  all  persons 
who  are  engaged  or  desire  to  engage  in  the  business  of  purposes  of 
Master  Electricians  as  defined  in  Section  5 of  this  Act. 

The  Board  so  appointed  shall  be  competent  Practical  Elec- 
tricians of  Baltimore  City  and  shall  be  selected  as  follows; 

Two  (2)  from  nominations  made  by  the  Electrical  Con- 
tractors Association  of  Maryland,  one  (1)  from  nominations 
made  by  the  Chief  of  the  Municipal  Electrical  Inspectors 
of  Baltimore  City,  One  (1)  from  nominations  made  by  the 
Association  of  Fire  Underwriters  of  Baltimore  City, 
and  one  (1)  person  residing  in  Baltimore  City,  who  dominations 
shall  be  a practical  journeyman  electrician  who  has  served  sKn^BoIr’d 
at  the  business  for  a period  of  not  less  than  ten  years  and 
a majority  of  said  Board  shall  constitute  a quorum  to 
transact  the  business  thereof,  the  term  of  office  of  the 
members  of  the  first  number  so  appointed  shall  be  as  fol- 
lows, the  nominee  from  the  Underwriters  Association,  one 
(1)  nominee  from  the  Electrical  Contractors^  Association, 
two  (2)  years.  The  nominee  from  the  Municipal  Inspector,  ^o’fmembS'® 
one  (1)  nominee  from  the  Electrical  Contractors'  Associa-  i^o^rd. 
tion,  and  the  person  at  large  two  (2)  years  unless  removed 
for  cause.  Should  any  vacancy  occur  from  any  cause  dur- 
ing the  term  of  any  Board  as  herein  provided,  the  Governor 
shall  appoint  some  one  from  nominations  made  as  above 
provided  to  fill  such  vacancy.  The  Governor  shall  have  vacancies  in 
full  power  to  remove  any  member  of  the  Board  for  incom-  fn 
potency  or  improper  conduct  upon  satisfactory  evidence 
being  presented  to  him  of  such  conditions. 


1906,  ch.  244,  Sec.  2. 

§663b.  The  members  of  said  Board  shall  respect- Members  of 
ively  take  and  subscribe  the  oath  required  of  the  State  take  oath  of 
Officers.  They  shall  have  power  to  elect  out  of  their  num- 
ber,  a President,  Secretary  and  Treasurer,  to  adopt  such 
rules  and  by-laws  for  the  transaction  of  business  of  the  ^S^t^Bo^rd 
Board  as  they  may  deem  expedient.  ado'Sfruiei 


400 


MISCBI.I.ANKOUS  LOCAL  LAWS 


1906,  ch.  244,  Sec.  3. 

compe^aLon  §663c.  Each  member  of  said  Board  shall  receive 
of  Board,  a Compensation  of  five  dollars  ($5.00)  per  day  for  actual 
service  in  attending  meetings  of  the  Board  which  compen- 
sation shall  be  paid  out  of  any  moneys  in  the  hands  of  the 
Treasurer  of  said  Board  provided  that  the  Secretary  of  said 
^comp?nL-  Board  may  receive  such  additional  compensation  as  the 
re^tary^  Board  may  deem  just  and  reasonable  and  for  which  theby- 
Board.  laws  of  the  said  Board  may  provide,  provided,  however; 

that  the  compensation  and  expenses  of  said  Board  shall  in 
Proviso.  no  e^ent,  be  paid  out  of  the  funds  in  the  State  Treasury, 
or  become  a charge  against  the  State. 


1906,  ch.  244,  Sec.  4. 

Meetings  of  §663d.  Said  Board  shall  meet  at  least  once  in  each  month 
Board.  Baltimore  City  and  shall  hold  special  meetings  as  fre-  ^ 

quently  as  the  proper  and  efficient  discharge  of  its  business 
Board  to  adopt  shall  require,  and  said  Board  shall  adopt  such  rules  and 
aminition'^of  regulations  for  the  examinations  of  Master  Electricians  as 
herein  defined  and  for  the  placing,  installing  and  opera- 
ting electrical  wires,  appliances,  apparatus  or  construction 
in,  upon  and  about  buildings  in  the  said  City  of  Baltimore 
"^wfrlng^speci  and  when  so  adopted  such  rules  and  regulations  shall  have 
fications.  same  force  and  effect  as  if  herein  contained  and  the 

rules  of  said  Board  shall  also  provide  for  the  giving  of 
To  give  notice  timely  notice  of  such  meetings  to  all  those  who  shall  have 
mee^fngs  to  made  application  for  a license  as  herein  provided,  and  said 
for^iicense^.  Board  shall  give  in  writing  to  the  Chief  of  the  Municipal 
Electrical  Inspectors  of  Baltimore  City  a detailed  statement 
statement  of  of  all  the  licenses  issued,  renewed  or  revoked  at  any 
iSueS^  meeting  of  said  Board. 


1906,  ch.  244,  Sec.  5. 

“Master Elec-  §663e.  The  term  Mastor  Eloctrician as usod  in  this  Act 
fiS""  ’ shall  be  defined  as  and  including  any  and  all  persons,  firms 
and  corporations  engaged  in  business  of,  or  holding  them- 
selves out  to  the  public  as  engaged  in  the  business  of 
installing,  erecting  or  repairing,  or  contracting  to  install. 


LICENSES — INSTALLATION  OF  ELECTRICAL  APPARATUS. 


401 


erect  or  repair  electric  wires  or  conductors,  to  be  used  for 
the  transmission  of  electric  current  for  electric  light,  heat 
or  power  purposes,  or  mouldings,  ducts,  raceways  or 
conduits  for  the  reception  or  protection  of  such  wires  or 
conductors  or  to  any  electrical  machinery,  apparatus, 
devices  or  fixtures  to  be  used  for  electric  light  heat  or 
power  purposes.  A license  of  “Master  Electrician”  issued  License, 
and  in  accordance  with  the  provisions  of  this  Act,  shall 
entitle  any  such  person,  firm  or  corporation  so  licensed  to 
engage  in  the  business  of  and  to  hold  himself  or  itself  out 
to  the  public  as  engaged  in  the  business  of  installing, 
erecting  and  repairing  and  of  contracting  to  install,  erect 
and  repair  any  electric  wires  or  conductors,  etc. 


1906,  ch.  244,  Sec.  6. 

§663f.  Before  any  person  firm  or  corporation  shall 
hereafter  engage  in  the  business  of  a Master  Electrician  in 
Baltimore  City,  as  defined  in  this  Act,  and  before  any  license, 
person,  firm  or  corporation  now  engaged  in  said  business 
or  any  class  thereof,  shall  continue  in  said  business  of 
Master  Electrician  such  person,  firm  or  corporation  shall 
apply  to  said  Board  for  a license,  as  herein  required,  where- 
upon the  applicant  shall  present  himself  before  the  said 
Board  at  a time  and  place  fixed  by  said  Board.  If  the 
Board  shall  find  upon  due  examination  that  the  applicant 
presenting  himself  has  a reasonable  knowledge  of  electricity 
and  the  natural  laws  and  functions  of  electric  wires, 
appliances  and  devices  for  electric  light,  heat  and  power 
purposes,  and  is  possessed  of  skill  and  of  knowledge  in  all 
matters  appertaining  to  the  business  of  Master  Electrician, 
as  defined  in  Section  5 of  this  Act,  then  the  said  Board, 
upon  payment  of  the  fee  and  upon  executing  the  bond 
herein  provided  for,  shall  issue  to  the  said  person  firm  or 
corporation  a license  as  Master  Electrician  to  practice  said  conditions  and 
business  for  a term  of  one  year  ; and  shall  register  such  hcSJsI 
person,  firm  or  corporation  as  duly  licensed  Master  Elec- 
trician, provided  however  no  person  firm  or  corporation 
who  shall  have  been  engaged  in  the  electrical  contracting 
business  in  the  City  of  Baltimore  for  a period  of  three  (3) 


402 


MISCELLANEOUS  LOCAL  LAWS. 


To  whom 
license  not 
necessary. 


To  whom 
license  shall 
not  issue. 


Appeal  from 
decision  of 
Board. 


Arbitration  of 
appeals. 


License  fee. 


Bond  of  appli- 
cant. 


years  prior  to  the  passage  of  this  Act,  shall  be  required  to 
take  the  examination  as  provided  in  this  section,  before 
the  issuance  of  such  license  and  provided  that  no  license 
shall  be  granted  to  any  person  under  the  age  of  twenty-one 
(21)  years,  nor  shall  any  license  be  granted  to  any  person 
who  has  not  taken  and  subscribed  an  oath  that  he,  or  in 
case  of  a corporation  the  one  managing  the  electrical  work 
thereof  and  in  case  of  a firm,  the  one  managing  the  electri- 
cal work,  has  had  at  least  three  (3)  years  actual  experience 
as  a Master  Electrician  within  the  meaning  of  section  5*  of 
this  Act,  or  as  journeyman  electrician  in  such  class  or 
classes  of  electrical  business  or  work,  as  in  the  opinion  of 
the  Board,  shall  have  properly  fitted  the  applicant  for  a 
license  as  a Master  Electrician.  Any  person  whose  appli- 
cation for  a license  shall  have  been  rejected  by  said  Board, 
shall  have  the  right  to  appeal  to  a Board  of  Arbitration, 
which  shall  consist  of  one  person  selected  by  the  person 
making  the  appeal,  one  person  selected  by  the  Board  herein 
created,  and  these  two  to  select  a third  person,  and  the 
decision  of  said  Board  of  Arbitration  or  a majority  of  them 
shall  be  final  and  binding  upon  all  the  parties  to  said  appeal ; 
the  members  of  said  Board  shall  be  paid  the  sum  of  five 
dollars  ($5.00)  each,  which  sum  shall  be  deposited  with  the 
Board  herein  created  by  the  person  taking  said  appeal  and 
if  the  said  Board  of  Arbitration  shall  affirm  the  decision  of 
the  Board  herein  created,  the  money  so  deposited  shall  be 
used  to  pay  said  Board,  if  however  such  decision  be 
reversed,  the  said  Board  of  Arbitration  shall  be  paid  out  of 
the  funds  in  the  hands  of  the  Board  herein  created,  and 
said  deposit  of  fifteen  dollars  ($15.00)  shall  be  returned. 
Provided  further,  that  each  applicant  shall  pay  to  the 
Treasurer  of  said  Board  of  Electrical  Examiners,  the  sum 
of  twenty-five  dollars  ($25.00)  for  such  license  and  provided 
further,  that  every  person,  firm  or  corporation  before 
receiving  a license  shall  make,  execute  and  deliver  to  said 
Board  a good  and  sufficient  bond  to  be  approved  by  said 
Board,  in  the  name  of  the  State  of  Maryland,  in  the  penal 
sum  of  one  thousand  dollars  ($1000.00)  the  bond  to  be 
conditioned  upon  the  faithful  performance  of  any  and  all 


‘Codified  as  Section  §663e  of  this  Article. 


LICENSES — INSTALLATION  OF  ELECTRICAL  APPARATUS. 


403 


work  entered  upon  or  contracted  for  by  said  Master  Elec- 
trician and  to  save  harmless,  the  owner,  or  real  party  in 
interest  in  the  property  for  which  any  such  material  is  fur- 
nished, or  services  performed  against  loss,  damage  and 
injury  which  shall  arise  through  want  of  skill  or  through 
the  failure  to  use  suitable  or  proper  material  in  the  per- 
formance af  any  work  contracted  for  or  undertaken  by  said 
Master  Electrician,  or  his  or  its  agents  or  employees,  and 
an  action  may  be  maintained  thereon  in  the  name  of  such 
owner  or  real  party  in  interest  only,  if  commenced  within 
one  (1)  year  from  and  after  the  date  of  the  installation  of 
the  materials  furnished  or  performance  of  such  work  or 
service. 


1906,  ch.  244,  Sec.  7. 

§663  g.  Each  and  every  license  issued  under  the  pro- 
visions  of  this  Act  shall  be  evidence  in  any  Court  of  the 
City  named  herein  of  the  business  for  which  the  license  is 
issued  for  a period  not  to  exceed  one  (1)  year  from  the  period  of 
date  thereof,  all  licenses  and  renewals  of  same  shall  expire 
on  the  first  day  of  May  in  each  year. 


1906,  ch.  244,  Sec.  8. 

§663h.  No  person,  firm  or  corporation  granted  a license  no  work  to  be 
under  the  provisions  of  this  Act  shall  install  or  repair 
Electrical  wires,  conductors  or  apparatus  for  electric  light, 
heat,  or  power  purposes  after  the  expiration  of  said  licenses 
or  after  said  license  shall  have  been  revoked  as  herein  pro- 
vided, unless  the  said  license  or  renewal  of  same  shall  have 
been  renewed  as  herein  provided.  Provided  that  any  person, 
firm  or  corporation  so  granted  a license  under  the  pro- 
visions of  this  Act,  (unless  the  said  license  shall 
have  been  revoked  as  hereinafter  provided)  shall  be 
granted  a renewal  of  said  license  without  examination  of  ucense  to  be 
the  applicant,  provided  application  is  made  to  the  said  withJJJTfre- 
Board  by  the  holder  of  such  license  within  the  three 
months  preceding  the  expiration  of  such  license  upon  pay- 
ment of  a fee  of  Ten  dollars  ($10.00)  and  the  said  renewal  Renewal  fee. 
of  said  license  shall  be  for  a period  of  one  (1)  year  and  any 
such  renewal  of  such  license  shall  have  the  same  weight  as 


404 


MISCEI.I.ANEOUS  LOCAE  LAWS. 


evidence  in  any  Court  of  this  State  as  hereinbefore  pro- 
vided for  said  original  license.  Provided  also,  that  one 
year  renewals  shall  be  granted  in  like  manner  upon 
expiration  of  any  renewal  of  license  upon  making  like 
application  and  paying  like  fee,  within  three  months 
preceding  the  expiration  of  said  renewal. 


1906,  ch.  244,  Sec.  9. 

Board  may  §6631.  Said  Board  shall  have  full  power  to  revoke  for 

cense  for  proper  cause  any  license  or  renewal  of  same  after  a full 
hearing  of  all  parties  in  interest. 


1906,  ch.  244,  Sec.  10. 

Vitiation  of  §663j.  Each  license  and  renewal  of  same  shall  be  in 
vaiidaW'"'  force  and  effect  only  so  long  as  an  approved  bond  filed 
license.  With  the  Said  Board  in  accordance  with  the  provisions  of 
this  Act  shall  remain  in  full  force  and  effect,  and  every 
such  license  or  renewal  of  same  shall  become  utterly  void 
and  of  no  effect,  should  any  such  bond  for  any  reason 
whatsoever  become  inoperative  or  ineffective  regardless  of 
the  regular  date  of  expiration  of  said  certificate,  license  or 
renewal. 

1906,  ch.  244,  Sec.  11. 

License  to^e  §663k.  Any  and  all  persons  granted  a license  or 
conspicuous  renewal  of  same  shall  display  the  same  in  a conspicuous 
place  in  the  office  or  place  of  business  of  such  licensee. 


1906,  ch.  244,  Sec.  12. 

Supervision  §6631.  Nothing  in  this  Act  shall  be  construed  to  pre- 
dIn^?iS5k  person  from  doing  or  performing  any  of  the 

kinds  of  work  enumerated  in  section  5*  of  this  Act  provided 
that  such  work  is  performed  under  the  direction  and 
supervision  of  a duly  licensed  Master  Electrician,  but  no 
such  work  other  than  minor  electric  repairs  for  the  main- 
tenance of  established  plants  shall  be  performed  excepting 


'Codified  as  section  §663e  of  this  Article. 


LICENSES — INSTALLATION  OF  ELECTRICAL  APPARATUS, 


405 


under  such  direction  and  supervision  of  a duly  licensed 
Master  Electrician  and  the  said  licensed  electrician  shall  be 
responsible  for  any  and  all  work  so  done  under  his  direction 
and  supervision. 


1906,  ch.  244,  Sec.  13. 

§663m.  Any  person,  firm  or  corporation  who  shall  Misdemeanor 
practice  or  engage  or  continue  in  the  work  of  a Master 
Electrician  without  having  complied  with  all  the  provisions 
of  this  Act  and  any  person  not  licensed  as  Master  Electri- 
cian who  shall  do  or  perform  any  such  work  except  under 
the  direction  of  a Master  Electrician,  and  any  person 
having  been  licensed  as  a Master  Electrician  and  who  shall 
fail  to  renew  his  license  as  herein  provided,  and  shall  do  or 
perform  any  such  work,  or  who  shall  violate  any  of  the 
provisions  of  this  Act,  shall  be  guilty  of  a misdemeanor 
and  upon  conviction  thereof  shall  be  sentenced  to  pay  a fine 
of  not  less  than  twenty-five  dollars  ($25.00)  nor  more  than  Penalty, 
five  hundred  dollars  ($500.00)  or  to  an  imprisonment  not 
exceeding  ninety  (90)  days  or  both  in  the  discretion  of  the 
Court,  and  any  such  conviction  shall  ipso  facto  revoke  and 
annul  any  license  that  may  have  been  issued  to  such 
person. 


1906,  ch.  244,  Sec.  14. 

■§663n.  No  license  or  renewal  of  same  granted  or  issued 
under  the  provisions  of  this  Act  shall  be  assignable  or  Licenses  not 
transferable  and  every  such  license  and  renewal  of  same 
shall  specify  the  name  of  the  person,  firm  or  corporation  to 
whom  it  is  issued  and  in  the  case  of  a firm  the  member  of 
said  firm,  and  in  the  case  of  a corporation,  the  principal 
officer  or  the  designated  representative  of  said  corporation 
through  whom  the  application  for  the  said  license  was 
made. 


1906,  ch.  244,  Sec.  15. 

§663o.  All  fees  collected  under  the  provisions  of  this  Disposition  of 
Act  shall  be  for  the  use  of  said  Board  to  defray  its 
necessary  expenses. 


40o 


MISCKIvLANKOUS  I.OCAL  I.AWS. 


1906,  ch.  244,  Sec,  16. 

§663p.  It  shall  be  the  duty  of  the  said  Board  before 
Boa?d  Monday  of  May  of  each  year  to  make  a report  in 

gtO^vernor  of  writing*  to  the  Govemor  of  the  State  containing  a detailed 
statement  of  the  nature  of  the  receipts  and  manner  of 
expenditure,  and  any  balance  of  money  remaining  at  the 
end  of  the  year,  after  payment  of  expenses  shall  be 
reserved  by  the  treasurer  of  said  Board  to  meet  the 
expenses  for  the  ensuing  year. 


1906,  ch.  244,  Sec.  17. 

Exceptions  in  §663q.  The  provisions  of  this  Act  shall  not  apply  to 
of  pr?v£Snsio^^^®y^^^  electricians  or  apprentices  while  such  journey- 
ofAct.  Qj.  apprentices  shall  be  practicing  their  trade  of 

journeyman  electrician  or  apprentice  nor  to  any  electric 
light  company,  electric  railway  company,  steam  rail- 
way company,  telegraph  or  telephone  company  doing 
such  work  in  its  own  buildings  upon  its  own  plants. 


Liquor  and  Intoxicating  Drinks. 

SALE  FORBIDDEN  IN  CERTAIN  PLACES. 

1882,  ch.  107.  P.  L.  L.,  (1888)  Art.  4,  Sec.  651. 

664.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court 
of  Common  Pleas  to  issue  license  to  any  person  to  sell 

Mount  Vernon  spirituous  or  fermented  liquors  or  lager  beer  at  Mt. 

Factories.  Vemou  factories,  or  at  any  place  within  three-fourths  of  a 
mile  thereof,  or  on  Madison  Avenue  extended.** 

1864,  ch.  206.  P.  L.  L.,  (1888)  Art.  4,  Sec.  652. 

665.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  a license  to  any  person  to  sell 
spirituous  or  fermented  liquors  or  lager  beer  at  Woodberry 

^FactoTy.^  factory,  or  at  any  place  nearer  thereto  than  three-fourths 
of  a mile  in  every  direction. 


**NoTE. — As  to  power  of  Legislature  to  restrict  sale  of  spirituous  or 
fermented  liquors  in  certain  districts,  see, 

Parker  v.  State,  99  Md.  189. 


LICENSES— LIQUOR  AND  INTOXICATING  DRINKS. 


407 


1888,  ch.  56.  1888,  ch.  98,  Sec.  11.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  653. 

666.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  license  to  any  person  to  sell 
spirituous  or  fermented  liquors  or  lager  beer  in  any  part 
of  the  following  district,  to  wit : In  all  that  part  of 
Baltimore  City  bounded  on  the  'east  by  Mount  Roya-1 
terrace,  on  the  south  by  North  or  Boundary  avenue,  on 
the  west  by  Druid  Hill  avenue  extended,  and  on  the  north 
by  Druid  Hill  Park. 


1902,  ch.  228.  1906,  ch.  298. 

§666a.  It  shall  not  be  lawful  for  the  Clerk  of  the  no  license  to 
Court  of  Common  Pleas  of  Baltimore  City  to  issue  licenses  in  vicinity  of 
to  any  person  or  persons  or  body  corporate  to  sell  PubUc 
spirituous  or  fermented  liquors  or  lager  beer  nearer  than 
three-fourths  of  a mile  in  all  directions,  from  Walbrook 
public  school,  formerly  known  as  annex  school  No.  15,  in 
the  City  of  Baltimore. 


1904,  ch.  600. 

§666b.  It  shall  not  be  lawful  for  the  Clerk  of  the  same,  m t^erri- 
Court  of  Common  Pleas  of  Baltimore  City,  to  issue  license  by  oak, 
to  any  person  or  persons  or  body  corporate,  to  sell  fourth  st., 
spirituous  or  fermented  liquors  or  lager  beer  in  any  part  and  Twenty-' 
of  the  following  district,  to  wit : In  all  parts  of  Baltimore 
City  lying  or  being  within  the  following  lines  or  limits  : 

Beginning  at  the  southwest  corner  of  Oak  street  and 
Twenty-first  street,  and  running  thence  north  and  bound- 
ing on  the  west  side  of  Oak  street  to  the  northwest  corner 
of  Oak  and  Twenty-fourth  streets,  thence  running  east 
and  bounding  on  the  north  side  of  Twenty-fourth  street  to 
the  northeast  corner  of  Twenty-fourth  street  and  Guilford 
avenue,  thence  running  south  and  bounding  on  the  east 
side  of  Guilford  avenue  to  the  southeast  corner  of  Guilford 
Avenue  and  Twenty-first  street,  and  thence  running  west 
and  bounding  on  the  south  side  of  Twenty-first  street,  to 
the  place  of  beginning. 


408 


MISCEI.I.ANEOUS  EOCAE  EAWS. 


1904,  ch.  626. 

§666c.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court 
of  Common  Pleas  of  Baltimore  City  to  issue  to  any  person 
or  persons,  company,  association  or  body  corporate  a license 
to  sell  any  fermented  or  spirituous  liquors  or  lager  beer  in 
any  part  of  the  following  district,  to  wit:  In  all  that  part 
of  Baltimore  City  beginning  for  the  same  at  the  intersec- 
tion of  the  western  line  of  Baltimore  City  and  the  south 
oM§uor  side  of  Edmondson  Avenue,  and  thence  running  easterly 
EdmSson^  along  the  south  side  of  Edmondson  Avenue  to  the  western- 
^thst^eS."^  most  side  of  Fifteenth  Street;  thence  binding  on  the 
westernmost  side  of  Fifteenth  Street  southerly  to  its  inter- 
section with  the  southwesternmost  side  of  Dorsey’s  lane: 
thence  southeasterly  binding  on  the  southwesternmost  side 
of  Dorsey’s  Lane  to  its  intersection  with  the  northwestern- 
most  side  of  Kossuth  Street;  thence  southwesterly  along 
the  northwesternmost  side  of  Kossuth  Street  to  its  inter- 
section with  the  southernmost  side  of  Old  Frederick  Road; 
thence  southeasterly  along  the  south  side  of  Old  Frederick 
Road  to  the  westernmost  boundary  of  the  lot  now  improved 
by  the  Public  School  No.  66;  thence  southerly  and  binding 
for  a part  thereof  on  the  westernmost  boundary  of  said  lot 
in  a direct  line  to  the  southernmost  side  of  Frederick  Road; 
thence  southeasterly  along  the  southernmost  side  of  the 
Frederick  road  to  the  easternmost  boundary  of  the  United 
States  National  Cemetery;  thence  southerly  and  binding 
Boundaries,  for  a part  thereof  on  the  easternmost  boundary  of  said 
cemetery  to  the  southwesternmost  side  of  the  tracks  of  the 
Baltimore  and  Potomac  Railroad;  thence  southwesterly 
along  the  line  of  said  tracks  to  the  intersection  of  the  same 
with  the  southern  boundary  line  of  Baltimore  City;  thence 
westerly  along  said  line  to  the  western  boundary  line  of 
said  city;  thence  north  binding  on  said  last  mentioned  line 
to  the  place  of  beginning. 


1906,  ch.  279. 


Prohibiting- 
sale  of  liquor 
north  of 
Druid  Hill 
Park. 


§666d.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court 
of  Common  Pleas  of  Baltimore  City,  to  issue  license  to  any 
person  or  persons,  or  body  corporate,  to  sell  spirituous  or 


LICENSES — LIQUOR  AND  INTOXICATING  DRINKS. 


409 


fermented  liquors  or  lager  beer,  in  any  part  of  the  follow- 
ing district,  to  wit:  in  all  parts  of  Baltimore  City  lying  or 
being  within  the  following  lines  or  limits:  Beginning  at 

the  southeast  corner  of  the  intersection  of  the  Western 
Maryland  Railroad  and  the  northern  boundary  of  the  city 
line,  and  running  thence  easterly  bounding  on  the  said  City 
line  to  the  western  line  of  the  Northern  Central  Railroad; 
thence  southerly  bounding  on  the  western  line  of  the 
Northern  Central  Railroad,  to  a point  where  the  northern 
boundary  of  Druid  Hill  Park  would  intersect  if  continued 
east  to  said  point  of  intersection;  thence  westerly  bound- 
ing on  the  north  side  of  Druid  Hill  Park  and  continuing 
the  same  course  until  the  said  line  shall  intersect  the 
eastern  side  of  the  Western  Maryland  Railroad,  thence 
northerly:  bounding  on  the  east  side  of  the  Western  Mary- 
land Railroad  to  the  place  of  beginning. 


1906,  ch.  780. 

§666e.  It  shall  not  be  lawful  for  the  Liquor  License 
Commissioners,  or  the  Clerk  of  the  Court  of  Common  Pleas 
to  issue  licenses  to  any  persons  to  sell  spirituous,  fermented  issue  for  sales 
liquors  or  lager  beer  in  any  part  of  the  following  districts;  boSSedtfy 
In  all  that  part  of  Baltimore  City  bounded  : Beginning  at  caiVIrf®^’ 
a point  where  Twenty-eighth  Street  extended  westwardly  of  Merry- 
would  touch  Jones’  Falls,  and  running  from  this  point  and  Jones’ 
eastwardly  along  the  center  line  of  Twenty-eighth  Street  as 
laid  out,  and  extending  said  center  line  eastwardly  to  the 
center  line  of  Calvert  Street,  and  thence  northerly  along 
the  center  line  of  Calvert  Street,  and  continuing  said  cen- 
ter line  northerly  to  a point  three  hundred  feet  north  of 
Merryman’s  Lane  and  thence  running  parallel  with  Merry- 
man’s  Lane  and  three  hundred  feet  northerly  from  said 
Lane  to  the  line  of  Cedar  Avenue  extended,  thence  west- 
wardly on  the  South  side  of  Cedar  Avenue  to  Jones’ 

Falls,  and  thence  southerly  along  Jones’  Falls  to  the  point 
of  beginning. 

1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653A.  1894,  ch.  86. 

667.  No  person  shall  offer  for  sale  or  keep  for  sale  in 
the  City  of  Baltimore  any  intoxicating  liquors,  except  as  ‘"^regulated. 


410 


MISCEIvIvANEOUS  LOCAL  LAWS. 


Intoxicants 

defined. 


Board  of 
Liquor 
License 
Commission- 
ers. 


Clerks  to  the 
Board. 


hereinafter  provided ; but  this  shall  not  apply  to  sales 
made  by  a person  under  a provision  of  law  requiring  him 
to  sell  personal  property,  nor  to  sales  of  liquors,  by  whole- 
sale, nor  to  sales  by  the  maker,  brewer  or  distiller  thereof, 
nor  to  sales  by  bottlers  of  fermented  liquors,  nor  to  be 
drunk  on  the  premises ; save  and  except  as  hereinafter 
specially  provided  in  reference  to  wholesale  dealers  and 
jobbers,  brewers,  distillers  and  bottlers,  in  section  688, 
wherein  the  rights  and  duties  of  said  classes,  of  persons 
are  set  forth  and  defined.  Wherever  the  term  intoxicating 
liquors  is  used  in  this  sub-division  of  this  Article,  it  shall 
be  deemed  to  include  whiskey,  brandy,  rum,  gin,  wine, 
ale,  beer  and  all  other  fermented  and  distilled  liquors, 
every  mixture  of  liquors  which  shall  contain  more  than  two 
per  cent,  by  weight  of  alcohol,  and  every  mixture  of 
liquors  which  shall  contain  less  than  two  per  cent,  of 
alcohol  if  the  same  shall  be  intoxicating.  Nothing  in  this 
sub-division  of  this  Article  shall  be  construed  to  authorize 
the  sale  of  any  intoxicating  liquor  or  any  admixture  thereof 
in  any  part  of  said  City  where  such  sale  is  or  shall  here- 
after be  prohibited  by  special  law. 

state  V.  Stiefel,  74  Md.  546.  Trageser  v.  Gray,  73  Md.  251. 


1890,  ch.  343.  1892,  ch.  13.  P.  L.'E.,  (1888)  Art.  4,  Sec.  653B. 

668.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  three  persons  who  shall  consti- 
tute a Board  of  Liquor  License  Commissioners  for  Baltimore 
City,  who  shall  hold  office  for  two  years,  and  until  their 
successors  are  appointed  and  qualified ; and  their  duties 
shall  be  such  as  hereinafter  described  ; provided,  however, 
that  the  Liquor  License  Commissioners  appointed  in  April, 
eighteen  hundred  and  ninety,  shall  continue  in  office  until 
the  expiration  of  the  term  for  which  they  were  appointed. 

Trageser  v.  Gray,  73  Md.  251. 


1890,  ch.  343.  1900,  ch.  704.  P.  L.  E.,  (1888)  Art.  4,  Sec.653C. 

P.  L.  E.,  (1898)  Art.  4,  Sec.  669 

669.  Said  Board  shall  appoint  such  clerk  or  clerks 
and  counsel  as  a proper  transaction  of  the  business  of  the 


LICENSES — LIQUOR  AND  INTOXICATING  DRINKS. 


411 


Board  shall  require  ; and  shall  keep  a full  record  of  all 
applications  for  license,  of  all  recommendations  for  and 
remonstrances  against  the  granting  of  licenses  and  their 
actions  thereon  ; and  the  vote  of  the  members  of  said 
Board,  by  yeas  and  nays,  shall  be  taken  on  the  question  of 
granting  or  refusing  every  application  for  license,  and  said 
records  of  said  Board  shall  at  all  suitable  times  be  open  to  ^cSdlngs  Sf 
the  inspection  of  the  public ; all  necessary  books  and 
stationery  shall  be  furnished  by  the  Mayor  and  City  Coun- 
cil of  Baltimore,  and  all  salaries  and  expenses  incident  to 
the  business  of  the  Board  shall  be  paid  by  said  Mayor  and 
City  Council  of  Baltimore. 

1890,  ch.  343.  1892,  ch.  704.  1900,  ch.  704.  P.  L.  L.,  (1888)  Art.  4. 

Sec.  653D.  P.  L.  L.,  (1898)  Art.  4,  Sec.  670. 

670.  The  said  Board  shall  fix  the  salaries  of  all  clerks 

and  counsel  appointed  by  them  for  the  performance  of  the  s?daries  of 
duties  imposed  by  this  sub-division  of  this  Article ; and 
member  of  said  Board  shall  each  receive  a salary  of  two 
thousand  dollars  annually,  to  be  paid  as  the  salaries  of  the 
officers  of  the  City  of  Baltimore  are  paid. 

1890  ch.  343.  1894,  ch.  86.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653E. 

671.  No  licenses  to  sell  intoxicating  liquors,  other  than 
by  wholesale  traders,  distillers,  brewers,  rectifiers,  and 
bottlers  of  fermented  liquors,  shall  be  granted  in  the  City  Licenses-  to 
of  Baltimore  except  by  said  Board,  and  only  to  citizens  of 

the  United  States  of  temperate  habits  and  good  moral 
character,  who  have  complied  with  requisites  of  this  sub- 
division of  this  Article. 


1890,  ch.  343.  1894,  ch.  86.  P.  L.  E.,  (1888)  Art.  4,  Sec.  653F. 

672.  All  licenses  to  sell  spirituous  or  fermented  liquors 
shall  expire  on  the  first  day  of  May  next  ensuing  the  date 
of  their  issue,  and  shall  be  issued  for  twelve  or  six  months  Duration  of 
only,  and  for  no  other  periods  of  time  ; all  twelve  months’ 
licenses  shall  be  granted  to  begin  only  from  the  first  day 
of  May  in  the  year  of  their  issue,  and  all  six  months’ 


412 


MISCEI.LANEOUS  EOCAE  EAWS. 


licenses  shall  be  granted  to  begin  only  from  the  first  day 
of  November,  and  from  no  other  time,  in  the  year  of  their 
issue  ; and  all  applications  shall  be  filed  before  the  first  day 
of  May  or  the  first  day  of  November,  respectively;  provided, 
however,  that  for  the  twelve  months’  licenses  two  hundred 
and  fifty  dollars  shall  be  paid,  and  for  the  six  months’  licen- 
ses one  hundred  and  twenty-five  dollars  shall  be  paid  ; and 
provided  further,  that  nothing  in  this  section  shall  be  con- 
strued to  affect  the  transfer  of  licenses  as  now  provided  in 
this  law. 


1890,  ch.  343.  1900,  ch.  442.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653G. 

673.  Every  person  applying  for  a license  to  sell  intoxi- 
cating liquors  in  said  city  shall  file  with  the  said  Board  his, 
^HclnJe^haii  her  or  their  petition  for  such  license,  and  the  Board  shall 
be  published,  notification  of  such  petition  to  be  published  three 

times  in  three  newspapers  of  general  circulation  in  said 
city  (one  of  which  shall  be  printed  in  the  German 
language),  to  be  designated  by  said  Board,  the  first  publi- 
cation to  be  not  less  than  fifteen  nor  more  than  thirty  days 
before  the  time  fixed  by  the  board  for  action  on  said 
petition. 


1890,  ch.  343.  P.  E.  L.,  (1888)  Art.  4,  Sec.  653H.  1906,  ch.  278. 

What  petition  674.  Said  petition  shall  contain  the  name  and  residence 
shall  contain.  the  applicant  and  how  long  he  has  resided  there ; (2) 
the  particular  place  for  which  a license  is  desired,  desig- 
nating the  same  by  street  and  number,  if  practicable, 
and  if  not,  by  such  other  apt  description  as  definitely 
locates  it;  (3)  the  kind  of  license  desired,  whether  a 
saloon  license,  hotel  license,  club  license  or  retail  grocers 
license ; (4)  the  name  of  the  owner  of  the  premises  upon 
which  the  business  licensed,  is  to  be  carried  on;  (5)  a 
statement  that  the  applicant  is  a citizen  of  the  United 
States,  and  that  it  is  necessary  for  the  accommodation  of  the 
public,  that  the  place  should  be  licensed  ; (6)  that  the  appli- 
cants have  not,  nor  has  any  of  them,  had  a license  for  the 
sale  of  intoxicating  liquors  in  this  State,  revoked,  nor  has 


licenses — LIQUOR  AND  INTOXICATING  DRINKS. 


413 


been  convicted  of  any  crime,  within  one  year  preceding  the 
filing  of  said  petition  ; (7)  that  he  or  she  will  not  knowingly 
sell,  or  allow  to  be  sold  in  the  said  house  or  on  the  said 
premises  any  such  liquors  on  Sunday  or  on  election  days, 
or  to  minors  at  any  time,  or  allow  a minor  to  drink  in  said 
house  or  on  said  premises  ; that  he  or  she  will  not  keep  or 
permit  to  be  kept  a bawdy  house  in  the  said  house  or  on 
the  said  premises,  or  the  gathering  together  or  the  visi- 
tation to  said  house  or  premises  of  women  for  lewd  or 
immoral  purposes  ; (8)  this  petition  must  be  verified  by  the 
affidavit  of  the  petitioner,  made  before  a Justice  of  the 
Peace  ; if  any  false  statement  is  made  in  any  part  of  said  ^pe^JftlJners. 
petition,  the  petitioner  or  petitioners  shall  be  deemed 
guilty  of  perjury,  and  upon  indictment  and  conviction 
thereof,  his  license  shall  be  revoked  and  he  shall  be  subject 
to  the  penalties  provided  by  law  for  that  crime.** 

1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  6531. 

675.  There  shall  be  annexed  to  this  petition  a certificate  certificate  of 
signed  by  at  least  ten  respectable  qualified  voters  residing 
or  doing  business  in  the  ward  in  which  the  petitioner  asks 
to  do  business,  stating  the  residence  or  place  of  business 
of  each  person,  certifying  and  setting  forth  that  they  have 
been  acquainted  with  the  petitioner  or  petitioners  for 
(specifying  the  length  of  such  acquaintance),  that  they 
have  good  reason  to  believe  that  all  the  statements 
contained  in  the  petition  are  true,  and  they,  therefore, 
pray  that  the  prayer  of  said  petition  be  granted,  and  the 
license  issued  as  prayed  for. 


1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653J. 

676.  The  said  Board  shall  publicly  hear  petitions  from  Petitions  and 

. A X remonstran- 

residents  of  the  ward  or  persons  living  or  doing  business 
in  the  vicinity  of  the  place  for  which  license  is 


**Note. — Ordmary,  License  for.  The  oath  prescribed  by  Sec.  68, 
Art.  56,  Public  General  Laws  of  Maryland,  must  be  administered  before 
a license  can  be  validly  issued  for  an  ordinary,  notwithstanding  the 
practice  in  vogue  in  Baltimore  City.  Blackburn  v.  I-ivingstone,  Daily 
Record,  Jan.  15,  1900.  Note  provisions  of  section  689  of  this  Article. 


414 


MISCELLANEOUS  LOCAL  LAWS. 


prayed,  in  addition  to  that  of  the  petitioner,  in  favor  of, 
and  remonstrance  against  the  granting  of  said  license ; 
and  in  all  cases  shall  refuse  the  same,  whenever,  in  the 
opinion  of  the  said  Board  such  license  is  not  necessary  for 
the  accommodation  of  the  public,  or  the  petitioner  or 
petitioners  is  or  are  not  fit  persons  to  whom  such  license 
should  be  granted  ; and  if  sufficient  cause  shall  at  any  time 
be  shown,  or  proof  be  made  to  the  said  board,  that  the 
party  licensed  was  guilty  of  any  fraud  in  procuring  such 
license,  or  has  violated  any  law  of  the  State  relating  to  the 
sales  of  intoxicating  liquor,  the  said  board  shall,  after 
giving  notice  to  the  person  so  licensed,  revoke  said  license; 
and  the  Criminal  Court  of  the  City  may  in  like  manner 

Revocation,  revoke  said  license  if  the  party  should  be  convicted  before 
it  of  any  such  violation.** 

Trageser  v.  Gray,  73  Md.  253. 

1890,  ch.  343.  P.  L.  L-,  (1888)  Art.  4,  Sec.  653K. 

P’jpayment.  077,  No  license  shall  be  issued  to  any  person  or  per- 
fees.  sons  Until  he,  she  or  they  shall  have  paid  the  license  fees 
provided  for  in  this  sub-division  of  this  Article. 

1894,  ch.  86.  1900,  ch.  278.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653L. 

1906,  ch.  278. 

Conditions  678.  If  after  the  notice  and  hearing  provided  for  in 
Board  Ssies  this  sub-division  of  this  Article,  the  said  Board  shall  decide 
to  grant  the  license  prayed  for,  they  shall  notify  the 
applicant  of  such  decision  in  writing,  and  if  the  applicant 
shall  within  thirty  days  from  the  date  when  such  license 
granted  is  to  become  effective,  produce  to  the  Clerk  of  the 
Court  of  Common  Pleas  the  said  notification,  and  pay  said 
Clerk  the  sum  of  money  herein  specified,  the  said  Clerk 
shall  thereupon  issue  to  him  the  license  granted  to  him  by 
the  said  Board  ; but  every  grant  of  a twelve  months^ 


**NoTE. — Liquor  License  Commissioners.  As  to  powers  of  Liquor 
License  Commissioners  of  Baltimore  City  to  revoke  a license  on  sufficient 
cause,  and  the  extent  of  the  Board’s  discretionary  powers,  in  relation 
thereto,  see,  Childs  v.  White,  Daily  Record,  December  16,  1890. 


LICENSES — LIQUOR  AND  INTOXICATING  DRINKS. 


415 


license  upon  which  no  license  has  been  actually  taken  out 
and  paid  for  prior  to  the  first  day  of  June,  in  the  year  of 
its  issue,  and  every  grant  of  a six  months’  license  upon 
which  no  license  has  been  actually  taken  out  and  paid  for 
prior  to  the  first  day  of  December,  in  the  year  of  its  issue, 
shall  be,  after  the  said  first  day  of  June  or  December 
respectively,  null  and  void,  and  no  license  shall  be  issued 
thereupon. 

For  a saloon  or  restaurant  in  which  distilled  liquors  or  saioon license, 
any  admixture  of  distilled  liquors  containing  more  than 
fifteen  per  centum  of  alcohol,  or  fermented  liquors  con- 
taining less  than  fifteen  per  centum  of  alcohol  may  be  sold 
by  retail  by  the  drink  or  in  quantities  or  packages  not 
exceeding  five  gallons  of  any  spirituous  or  fermented 
liquors  except  lager  beer  and  not  exceeding  one  keg  of 
eight  gallons  or  less  of  lager  beer  to  be  drunk  on  the 
premises  or  not,  as  desired  by  the  purchaser,  the  sum  of 
two  hundred  and  fifty  dollars,  shall  be  paid  for  a twelve  Rates  of 
months’  license  ; and  the  sum  of  one  hundred  and  twenty- 
five  dollars  shall  be  paid  for  a six  months’  license.  Hotel  license. 

For  a hotel  license  the  same  amount  shall  be  paid. 

For  a club  license  the  same  amount  shall  be  paid.  ciub  license. 

For  a retail  grocers,  license  the  same  amount  shall  be 
paid,  provided,  however,  that  none  but  a bona  fide  retail  licenses, 
grocer  who  shall  make  application  to  said  board  therefor, 
shall  receive  a retail  grocer’s  license,  and  no  such  retail 
grocer’s  license  shall  be  given  to  any  one  except  on  governing 
complying  with  the  conditions  of  this  Act,  and  such  license  grocers’  and 
shall  only  entitle  such  licenses  to  sell  wines,  spirituous  or  HcenUS^"^^ 
fermented  liquors  as  aforesaid,  in  quantities  or  packages 
of  not  less  than  one  pint,  but  in  no  case  to  be  drunk  on 
the  premises.  In  no  case  shall  a license  to  sell  intoxicating 
liquors  by  the  drink  be  granted  to  any  person  who  shall 
obtain  a license  to  sell  goods,  wares  or  merchandise,  other 
than  intoxicating  upon  the  said  premises  where  such 
intoxicating  liquors  are  licensed  to  be  sold,  but  licensed 
saloon-keepers  may  also  sell  tobacco  and  non-alcoholic 
beverages  ; provided  further  that  no  retail  license  shall  be 
issued  to  any  distiller  or  brewer. 


416 


MISCELLANEOUS  LOCAL  LAWS. 


1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653M. 

679.  The  whole  of  the  money  received  by  the  Clerk  of 
the  Court  of  Common  Pleas  for  the  licenses  aforesaid,  shall 
be  paid  over  quarterly  by  said  Clerk  of  the  Court  of  Com- 

Se”and°  mou  Ploas  to  the  State  as  now  provided  by  law,  and  when 
moneyf  from  SO  paid  ovor,  the  Comptroller  of  the  Treasury  shall  draw 
his  warrant  upon  the  Treasurer  in  favor  of  the  Mayor  and 
City  Council  of  Baltimore  for  three-fourths  thereof,  to  be 
applied  to  the  general  use  of  said  City. 

1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653N. 

680.  Every  person  receiving  a license  under  this  sub- 
division of  this  Article  shall  frame  his  license  under  a glass, 
and  place  the  same  so  that  it  shall  at  all  times  be  conspic- 
uous and  easily  read,  in  his  chief  place  of  making  his  sales, 
and  no  license  issued  under  this  sub-division  of  this  Article 
shall  authorize  sales  by  any  person  who  shall  neglect  this 
requirement. 

1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  6530s 

681.  No  licensee  under  the  provisions  of  this  sub-division 
censeCimay  of  this  Article  shall  sell  or  furnish  any  intoxicating  liquors 

at  any  time  to  a minor,  either  for  his  or  her  own  use,  or 
for  the  use  of  any  other  person,  or  to  a drunkard,  or  to  any 
person  whose  parent,  guardian,  husband,  wife  or  child  shall 
have  given  to  such  licensee  a notice  in  writing,  verified  by 
affidavit,  that  such  person  is  of  intemperate  habits,  and 
requesting  such  licensee  not  to  sell  to  him  or  her,  or  to  a 
person  visibly  affected  by  intoxicating  drinks. 

Peterson  v.  State,  83  Md.  194. 

1890,  ch.  343.  1894,  ch.  257.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653P. 

When  sales  682.  No  licensee  under  this  sub-division  of  this  Article 
m^de”°  ^ shall  sell  or  furnish  to  any  person  intoxicating  liquors  on 
any  days  upon  which  elections  are  now  or  hereafter  may 
be  required  by  law  to  be  held;  nor  on  the  Lord^s  Day, 
commonly  called  Sunday,  except  that  if  the  licensee  is  a 


License  to  be 
displayed 
in  frame  un- 
der glass. 


LICENSES  LIQUOR  AND  INTOXICATING  DRINKS. 


417 


hotel  keeper  he  may  supply  such  liquors,  to  be  drunk  in 
their  rooms  or  with  their  meals,  to  hona  fide  guests;  nor 
between  the  hours  of  twelve  o’clock  midnight  and  five 
o’clock  A.  M.  at  any  time;  nor,  except  in  hotels,  shall  con- 
duct his  business  in  any  place  to  which  an  entrance  shall 
be  allowed  other  than  directly  from  a public  traveled  way; 
provided,  however,  that  any  licensed  dealer  may,  with  the 
permission  of  the  Board  of  Police  Commissioners  at  any 
hona  fide  entertainment  of  any  society,  club  or  corporation, 
sell  intoxicating  liquors  between  such  hours  as  the  Board 
aforesaid  may  designate  in  said  permit.** 

Kieffer  z/.  State.  87  Md,  562. 


1890,  ch.  343.  P.  n.  n.,  (1888)  Art.  4,  Sec.  653Q. 

683.  Druggists  and  apothecaries  shall  not  be  required  to  Druggists  and 
obtain  license  under  the  provisions  of  this  sub-division  of 

this  Article,  but  they  shall  not  sell  intoxicating  liquors  nor 
compound  or  mix  any  composition  thereof,  except  upon  the 
written  prescription  of  a regular  physician;  nor  more  than 
once  on  any  one  prescription  of  the  physician;  and  every 
druggist  or  apothecary  shall  keep  a book  for  the  special 
purpose  and  enter  therein  the  date  of  every  sale  of  intoxi- 
cating liquor  made  by  him,  the  person  to  whom  sold,  the 
kind,  quantity  and  price  thereof,  and  the  purpose  for  which 
It  was  sold,  and  such  book  shall  be  at  all  times  open  to  the 
said  Board,  or  of  any  person  designated  and  authorized  by 
them  to  make  such  inspection,  and  shall  be  produced  before 
such  Board  when  required;  and  any  failure  to  comply  with 
the  provisions  of  this  section  shall  render  such  druggist  or 
apothecary  so  failing,  liable  to  the  same  penalties  as  if  he 
had  sold  intoxicating  liquors  without  a license. 

1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653R. 

684.  ^ Any  person  who  shall  hereafter  be  convicted  of 

selling  intoxicating  liquors,  or  any  admixture  thereof,  in  Veiling  without 
the  City  of  Baltimore,  without  a license  under  the  PenX. 


Note.  In  connection  with  provisions  of  section  682,  see,  McCracken 
V.  State,  71  Md.  154  and  Parker  v.  State,  99  Md.  189. 


418 


MISCELLANEOUS  LOCAL  LAWS. 


Violation  of 
License. 


Penalty. 


provisions  of  this  sub-division  of  this  Article,  shall  be 
sentenced  to  pay  a fine  of  not  less  than  five  hundred  dol- 
lars nor  more  than  five  thousand  dollars,  or  undergo  im- 
prisonment in  the  jail  of  said  City,  or  in  the  House  of 
Correction  of  not  less  than  three  months,  nor  more  than 
twelve  months,  or  to  both  fine  and  imprisonment,  at  the 
discretion  of  the  Court. 


1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653S. 

685.  Any  person  having  a license  under  the  provisions 
of  this  sub-division  of  this  Article  who  shall  hereafter  be 
convicted  of  violating  any  or  the  provisions  of  this  sub- 
division of  this  Article  or  of  the  conditions  of  his  license, 
shall  be  subject  to  a fine  of  not  less  than  one  hundred  or 
more  than  five  hundred  dollars  ; and  for  any  second  offence, 
whereof  he  shall  be  convicted,  his  license  shall  be  vacated 
and  revoked,  and  he  shall  be  subject  to  a fine  of  not  less 
than  five  hundred  nor  more  than  one  thousand  dollars,  or 
to  imprisonment  in  the  jail  or  the  House  of  Correction  for 
not  less  than  three  months,  nor  more  than  twelve  months, 
or  to  both  fine  and  imprisonment  at  the  discretion  of  the 
Court.  The  license  of  any  person  who  permits  minors  to 
frequent  or  loiter  about  his  place,  or  disreputable  or  dis- 
orderly persons  to  make  it  a customary  place  of  visitation 
or  resort,  may  be  at  any  time,  upon  proof,  revoked  by  the 
Criminal  Court  of  Baltimore  City,  or  by  said  Board,  the 
same  person  shall  not  again  be  licensed  within  two  years 
of  the  time  of  such  revocation.  Nothing  in  this  sub-divi- 
sion of  this  Article  shall  be  construed  to  repeal  or  modify 
any  of  the  provisions  contained  in,  or  the  penalties  imposed 
by  any  law  of  this  State  forbidding  or  restricting  the  sale 
of  intoxicating  liquors  on  a day  on  which  elections  are  held. 


1890,  ch.  343.  P.  L.  L.,  (1888)  Art.  4.  Sec.  653T. 

686.  Upon  complaint  or  allegation  by  any  qualified 
voter  of  Baltimore  City  who  shall  give  security  for  the  cost 
of  prosecution,  that  any  license  has  been  corruptly  or 
knowingly  issued  by  said  Board  to  any  person  who  has  not 


LICENSES — LIQUOR  AND  INTOXICATING  DRINKS. 


419 


complied  with  the  provisions  of  this  sub-division  of  this 
Article,  it  shall  be  the  duty  of  the  State’s  Attorney  to  file 
in  the  Criminal  Court  of  Baltimore  City  an  information 
against  said  board  and  against  said  licensee,  and  if  it  shall 
be  found  that  such  license  was  improperly  issued,  said 
license  shall  be  revoked,  and  the  members  of  said  Board 
who  voted  in  favor  of  issuing  said  license  shall  in  addition 
to  the  other  penalties  for  malfeasance  in  office  be  removed 
from  said  office. 


1892,  cli.  641.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  653U. 

687.  For  the  purpose  of  all  hearings  and  inquiries 
which  the  Board  of  Liquor  License  Commissioners  are 
authorized  to  have  and  make,  they  are  hereby  authorized 
to  issue  summons  for  witnesses  and  administer  to  them 
oaths  or  affirmations,  and  all  summons  so  issued  shall  be 
served  by  the  police  force  of  the  City  of  Baltimore.  If 
any  witness  so  summoned  shall  refuse  or  neglect  to  attend, 
or  attending,  refuse  to  testify,  the  said  Board  shall  report 
the  facts  to  the  Superior  Court  of  Baltimore  City,  which  is 
hereby  authorized  and  directed  to  proceed  by  attachment 
against  said  witnesses  in  all  respects  as  if  said  neglect  or 
refusal  had  been  by  witnesses  summoned  to  appear  in  said 
court  in  cases  pending  before  it. 


1894,  ch.  86.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653V.  1906,  ch.  278. 

688.  Distillers,  brewers  and  wholesale  dealers  or  Distillers  and 
jobbers,  shall  be  allowed  to  sell  spirituous  liquors  in 
quantities  of  not  less . than  one  pint  each,  and  fermented 
liquors  in  packages  of  not  less  than  two  dozen  pint  bottles 
or  twelve  quarts  each,  but  in  no  case  to  be  drunk  on  the 
premises ; distillers  and  brewers  shall  require  no  license  ; 
wholesale  dealers  and  jobbers  shall  be  entitled  to  receive  a 
license  as  such,  to  sell  as  above  stated  and  not  otherwise, 
upon  applying  directly  to  the  Clerk  of  the  Court  of  Com- 
mon Pleas  and  paying  to  him  the  sum  of  two  hundred  and 
fifty  dollars  a year  therefor ; but  any  person,  co-partner- 
ship or  corporation  (other  than  brewers,  who  as  herein- wholesalers, 
before  stated  require  no  license)  may  be  licensed  to  conduct  bSttiers.^”^ 


420 


MISCELLANEOUS  LOCAL  LAWS. 


Licenses:  fees. 


Expiration  of 
license. 


Disposition  of 
fees  collected. 


Hotel  keepers. 


a bottling  business  by  selling  fermented  liquors  only,  and 
in  quantities  or  packages  not  less  than  twelve  pint  bottles, 
by  applying  direct  to  the  Clerk  of  the  Court  of  Common 
Pleas  and  paying  him  the  sum  of  forty  dollars  a year  there- 
for ; any  person  required  by  this  section  to  take  out  a ' 
license  who  shall  sell  or  offer  for  sale  any  intoxicating 
liquors  without  having  first  procured  such  license  and  any 
person  who  shall  violate  any  of  the  provisions  of  this 
section  as  to  the  manner  or  quantity  in  which  he  shall  sell 
or  offer  for  sale  such  liquors,  whether  he  shall  be  required 
to  take  out  a license  or  not,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  two  hundred  and  fifty  dollars,  nor  more  than 
five  hundred  dollars  in  the  discretion  of  the  Court ; no 
license  under  this  section  shall  be  issued  for  a longer  period 
than  one  year  ; if  issued  for  a shorter  period ; the  licensee 
shall  pay  for  every  month  for  which  his  license  is  to  run 
one  twelfth  of  the  annual  charge  for  such  license,  and  all 
such  licenses  shall  expire  on  the  first  day  of  May  succeeding 
their  issue  ; the  whole  of  the  money  received  by  the  Clerk 
of  the  Court  of  Common  Pleas  for  the  licenses  aforesaid 
shall  be  paid  over  quarterly  by  said  Clerk  of  the  Court  of 
Common  Pleas,  to  the  State  as  now  provided  by  law,  and 
when  so  paid  over  the  Comptroller  of  the  Treasury  shall 
draw  his  warrant  upon  the  Treasurer,  in  favor  of  the 
Mayor  and  City  Council  of  Baltimore  for  three  fourths 
thereof,  to  be  applied  to  the  general  use  of  said  City. 


1894,  ch.  86.  P.  L.  E.,  a888)  Art.  4,  Sec.  653W.  1906,  ch.  278. 

689.  No  person  shall  receive  a “hotel  license,’’ 
allowing  the  sale  of  intoxicating  liquors  at  a hotel  or 
ordinary,  unless  he  shall  present  to  the  Clerk  of  the  Court 
of  Common  Pleas  a notification,  as  provided  for  in  section 
678  of  this  Article,  wherein  the  decision  of  the  Board  of 
Liquor  License  Commissioners  to  grant  a “hotel  license,” 
to  the  applicant,  is  plainly  expressed  nor  until  such  appli- 
cant, in  addition  to  paying  the  sum  prescribed  in  this  sub- 


LICENSES — LIQUOR  AND  INTOXICATING  DRINKS. 


421 


division  of  this  Article,  shall  have  also  paid  for  and 
received  a license  to  keep  a hotel  or  ordinary,  as  now 
provided  by  law.** 


1894,  ch.  86.  1900,  ch.  278.  P.  h.  L.,  (1888)  Art.  4,  Sec.  653X. 

690.  Any  holder  of  a license  to  sell  intoxicating  liquors 
at  retail,  by  the  drink  or  otherv/ise,  may  be  permitted  by 
said  Board,  in  their  discretion,  to  sell  or  assign  said  license 
to  another  person,  to  be  used  at  the  same  or  another  place 
of  business  ; or  to  transfer  his  said  license  to  another 
place  of  business  : provided,  that  the  fitness  and  propriety  License  may 
of  said  intended  purchaser  or  assignee,  and  of  said  in- 
tended  new  place  of  business  shall  be  first  approved  by 
said  Board  upon  due  application  therefor,  recommendation  by 
qualified  voters,  advertisement  of  same  in  newspapers,  etc. , 
as  required  in  case  of  an  original  application  for  such  license. 

Such  sale  or  assignment  or  transfer  when  granted  by  said 
Board  shall  be  endorsed  upon  the  license  by  the  Clerk  of 
the  Court  of  Common  Pleas,  who  shall  be  entitled  to 
receive  a fee  of  fifty  cents  therefor,  and  the  same  shall 
then  take  effect.  And  whenever  the  said  Board  may  be 
satisfied  that  any  license  has  been  lost  or  destroyed  or  that 
any  licensee  has  transferred  or  assigned  his  license  to 
another  person,  and  the  said  transfer  or  assignment  has 
been  duly  approved  by  the  Board,  in  the  manner  above 
provided  for,  and  the  original  licensee  withholds  said 
license  from  the  person  or  persons  to  whom  he  has  assigned 
or  transferred  the  same,  and  refuses  to  deliver  or  surrender 
said  license,  the  said  Board  shall  have  the  power  to  revoke 
and  cancel  said  original  license  and  to  issue  a duplicate 
license  in  lieu  thereof  to  such  transferee  upon  the  payment 
of  the  aforesaid  fee  of  fifty  cents,  without  any  additional 
license  fee.  And  if  any  license  shall  be  in  course  of  trans- 
fer for  the  same  place  of  business,  the  Board  shall  have 
the  power  in  its  discretion  to  issue  a permit  to  the  owner 
or  transferee  of  such  license  to  conduct  business  thereunder 
until  a duplicate  license  can  be  issued  or  said  transfer  duly 

**Note. — As  to  license  for  ordhiary,  see,  note  to  section  674,  ante, 
and  Blackburn  v.  Livingstone,  Daily  Record,  Jan.  15,  1900. 


422  MISCELLANEOUS  LOCAL  LAWS. 

effected.  And  the  Clerk  of  the  Court  of  Common  Pleas 
shall  endorse  upon  such  duplicate  license  the  word 
“Duplicate/^  together  with  the  names  of  the  original 
licensee,  as  well  as  that  of  the  transferree  to  whom  such 
duplicate  is  granted.  And  in  the  settlement  of  his  accounts 
with  the  Comptroller  and  Treasurer  of  the  State  of  Mary- 
land, the  said  Clerk  of  the  Court  of  Common  Pleas  shall  be 
allowed  for  such  duplicate  license. 

1894,  ch.  257.  P.  L.  L.,  (1888)  Art.  4,  Sec.  653Pp. 

691.  Every  licensed  dealer  to  whom  the  Board  of 
Police  Commissioners  for  the  City  of  Baltimore  shall  issue 
Special  a permit  to  sell  intoxicating  liquors  at  places  of  entertain- 
permits.  jj^eut,  as  authorlzod  by  section  682  of  this  Article  shall  pay 
the  said  Board  of  Police  Commissioners  one  dollar  for  said 
permit,  the  money  so  paid  to  go  into  the  special  fund  of 
said  Board. 


Pawnbrokers. 

1888,  ch.  104.  P.  L.  L.,  (1888)  Art.  4,  Sec.  655. 

692.  All  pawnbrokers  in  the  City  of  Baltimore  shall 
keep  or  caused  to  be  kept,  in  a suitable  book  or  books  to  be 
provided  by  them  for  that  purpose,  an  accurate  account 
accounts  re-  showing  the  date  of  each  deposit  made  with  them  in  the 
quired.  course  of  their  business,  and  of  each  purchase  made  by 
them  in  the  course  of  their  business,  of  any  and  all  personal 
property,  so  described  as  to  identify  the  said  personal 
property  so  deposited  or  sold;  and  showing  also  the  sum  of 
money  advanced  thereon  or  paid  therefor,  the  time  for 
which  any  such  deposit  was  agreed  to  be  kept,  and  the 
name  of  the  depositor  or  seller  of  such  personal  property, 
and  his  place  of  business  or  abode;  and  such  entries  shall 
be  made  by  such  pawnbrokers  immediately  upon  the  mak- 
ing of  any  such  transaction;  such  book,  and  the  personal 
properties  so  deposited  or  purchased,  shall  be  subject  at  all 
times  to  the  inspection  of  such  agent  or  officer  as  may  be 
designated  for  that  purpose  by  the  Mayor  and  City  Council 
of  Baltimore,  and  also  to  the  inspection  of  the  Marshal  of 


LICENSES — PAWNBROKERS. 


423 


Police  for  the  City  of  Baltimore,  and  of  such  officer  as  he 
may  designate  for  that  purpose;  and  all  pawnbrokers  who 
shall  omit,  neglect  or  refuse  to  provide  and  keep  such  book, 
or  to  enter  therein  forthwith  as  aforesaid  an  account  of  all 
deposits  made  with  and  purchases  made  by  them,  as 
aforesaid,  with  all  the  particulars  thereof,  as  hereinbefore 
required,  or  who  shall  enter  incorrectly  in  such  book  any 
such  account  of  deposits  made  with  them,  or  purchases 
made  by  them,  as  aforesaid,  or  who  shall  refuse  to  exhibit 
any  of  such  books  and  properties  so  deposited  or  purchased, 
if  in  their  possession  or  under  their  control  upon  demand 
of  any  of  the  officers  empowered  or  authorized  as  aforesaid 
to  make  such  inspection,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof  shall  be  subject  to 
a fine  of  not  less  than  twenty  dollars,  or  an  imprisonment  Penalty, 
of  not  less  than  thirty  days,  or  to  both  fine  and  imprisonment 
in  the  discretion  of  the  court. 


1880,  ch.  104.  P.  L.  L.,  (1888)  Art.  4,  Sec.  656. 

693.  Before  any  person  or  body  corporate  shall  transact 
the  business  of  pawnbrokers  in  the  City  of  Baitimore,  he 
or  it  shall  first  obtain  from  the  Clerk  of  the  Court  of 
Common  Pleas  in  said  City,  a Statens  license  authorizing  License, 
him  or  it  to  carry  on  such  business  in  the  said  City,  for 
which  said  license  he  or  it  shall  pay  the  sum  of  five  hundred 
dollars,  and  in  addition  to  this,  he  or  it  shall  file  with  said 
clerk  a bond  to  the  State  of  Maryland,  in  the  sum  of  ten 
thousand  dollars,  to  be  approved  by  said  clerk,  for  the 
faithful  performance  of  the  requirements  of  this  sub- 
division of  this  Article;  and  any  pawnbroker  who  shall 
violate  this  section  by  failure  to  file  such  bond,  or  to  obtain 
the  license  as  aforesaid,  though  continuing  to  transact  the 
business  of  a pawnbroker,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  on  conviction  thereof,  be  fined 
the  sum  of  five  hundred  dollars,  or  be  imprisoned  in  the  Penalty. 
City  Jail  for  the  term  of  six  months,  or  both,  in  the  discre- 
tion of  the  court. 


424 


MISCEI^IvANEOUS  EOCAE  EAWS. 


License 

charge. 


License. 


Cost, 


Merchandise  Brokers. 

1892,  ch.  561.  P.  E.  E.,  (1888)  Art.  4,  Sec.  657A.  P.  G.  E.,  (1888)  Art. 

56,  Sec.  18. 

694.  Any  person  or  partnership  applying  for  the  same, 
and  paying  the  sum  of  eighteen  dollars  and  seventy-five 
cents  for  each  individual  or  representative  of  such  firm  or 
partnership,  may  obtain  a license  for  carrying  on  the  busi- 
ness of  grain  broker,  coffee  broker,  cotton  broker,  sugar 
broker,  or  merchandise  broker. 

Real  Estate  Brokers. 

1888,  ch.  495.  P.  E.  E.,  (1888)  Art.  4,  Sec.  658. 

695.  Any  person,  co-partnership  or  firm  applying  for 
the  same,  and  paying  the  sum  of  money  herein  provided, 
may  obtain  a license  for  carrying  on  the  business  of  real 
estate  broker  in  the  City  of  Baltimore;  provided,  that  the 
names  of  each  and  every  person  comprising  any  co-part- 
nership or  firm  applying  for  such  license  shall  be  inserted 
in  said  license;  provided,  that  the  sum  of  money  to  be  paid 
therefor  as  aforesaid  shall  be  twenty-five  dollars  for  the 
first  two  names  inserted  in  said  license,  and  twenty-five 
dollars  additional  for  each  and  every  name  above  two 
inserted  therein.** 


*’^NoTE. — In  regard  to  the  construction  of  sections  695  to  700,  inclusive, 
of  the  Charter,  see,  Walker  v.  Baldwin  and  Frick  et  at.  decided  March 
27,  1906,  and  reported  in  Daily  Record,  April  27,  1906,  in  which  the 
Court  of  Appeals  upheld  the  validity  of  a contract  for  commissions  made 
by  an  unlicensed  real  estate  broker  on  the  ground  that  the  license 
required  to  be  obtained  under  the  provisions  of  the  Charter  is  a revenue 
measure,  and  failure  to  obtain  same  does  not  invalidate  the  contract  but 
exposes  such  unlicensed  broker  to  the  penalty  provided  by  the  Act. 
This  affirms  decision  in  re  Coates  v.  Eocust  Point  Company,  decided  at 
the  Janurary,  1906  term  of  the  Court  of  Appeals,  102  Md.  291. 

Real  Estate  Brokers. — For  decisions  in  relation  to  powers  of  such 
agents  to  act  for  principal  in  certain  cases,  see.  Newcomer  v.  Brooks, 
Daily  Record,  October  24,  1901.  Becker  v.  Matthai,  Daily  Record, 
Januar}^  3,  1902.  Crenshaw  v.  Baltimore  Chrome  Works,  Daily  Record, 
August  31,  1903. 

The  Proceeds  of  Pi'Operty  in  excess  of  specific  selling  price  authorized, 
belong  to  the  owner  of  the  property  and  not  to  the  broker,  notwith- 
standing usage  to  the  contrary. — Newcomer  v.  Brooks,  supra. 


LICENSES — REAL  ESTATE  BROKERS. 


425 


1888,  ch.  495.  P.  L.  E.,  (1888)  Art.  4,  Sec.  659. 

696.  Any  person,  co-partnership  or  firm  who  shall  carry 
on  the  business  of  real  estate  broker,  or  shall  undertake  to 
act  as  such  real  estate  broker  by  public  advertisement,  sign 
or  otherwise,  without  such  license  first  obtained,  or  who 
shall  use  or  attempt  to  use  the  license  of  another  with 
intent  to  evade  the  provisions  of  sections  695  to  699  of  this 
Article,  shall  be  deemed  guilty  of  a misdemeanor,  and  on 
conviction  thereof,  shall  be  subject  to  and  pay  a fine  or  Penalty, 
penalty  of  not  less  than  two  hundred  dollars  nor  more  than 
five  hundred  dollars  for  each  offence;  one-half  thereof  for 
the  use  of  the  State,  and  the  other  half  thereof  to  the  per- 
son or  corporation  that  shall  first  prefer  before  the  Grand 
Jury  the  charge  against  such  offender;  and  any  person, 
co-partnership  or  firm  who  shall  directly  or  indirectly  act 
as  a real  estate  broker,  or  shall  undertake  the  buying  or 
selling  of  ground  rents  or  other  real  estate,  or  of  chattels 
real,  or  the  leasing  of  real  estate  or  chattels  real,  or  the 
negotiation  or  sale  of  mortgage  loans  on  real  estate  or 
chattels  real,  or  the  collection  of  rents  for  others,  with  a 
view  to  reward  or  compensation  for  such  undertaking,  shall 
be  deemed  to  be  carrying  on  the  business  of  real  estate 
broker  within  the  meaning  of  said  sections,  and  be  subject 
to  the  fines  or  penalties  herein  prescribed. 

Leonard  v.  Coates,  102  Md.  291. 


1888,  ch.  495,  P.  L.  L.,  (1888)  Art.  4,  Sec.  660. 

697.  If  any  person  who  has  obtained  such  license  shall 
die  or  shall  move  from  and  cease  to  use  and  exercise  the  o^r  cSer'"' 
business  of  real  estate  broker  in  the  City  of  Baltimore, 
before  the  expiration  of  the  term  in  said  license  specified, 
the  benefit  of  said  license  for  the  unexpired  term  shall 
issue  to  and  be  continued  in  his  legal  representative  or 
assignee,  upon  application  to  the  proper  clerk  for  that 
purpose,  accompanied  by  the  oath  by  the  party  applying, 
made  before  a judge  of  a court  of  record  and  endorsed  on 
said  license,  that  the  person  to  whom  said  license  was 
originally  granted  is  deceased,  or  has  removed  from  and 
ceased  to  use  or  exercise  the  said  business  in  the  said  City. 


426 


MISCKI.I.ANEOUS  LOCAL  LAWS. 


Transfer  of 
license. 


Separate  li- 
cense for 
each  office. 


Proviso, 


Lawyers  ex- 
cepted. 


1888,  ch.  495.  P.  L.  L.,  (1888)  Art  4,  Sec.  661. 

698.  Upon  said  application  and  affidavit  the  clerk  shall, 
by  his  endorsement  on  said  license,  authorize  such  legal 
representative  or  assignee  to  use  or  exercise  the  business 
of  such  real  estate  broker  in  said  City  for  the  unexpired 
term  in  said  license  named. 


1888,  cli.  495,  P.  L.  L.,  (1888)  Art.  4,  Sec.  662. 

699.  No  person,  co-partnership,  association  or  firm, 
legal  representative  or  assignee,  shall  use  or  occupy  at  the 
same  time  more  than  one  office  or  place  of  business  for  the 
transaction  of  his  or  their  business  as  such  real  estate 
broker,  in  said  City,  unless  a separate  license  be  procured 
for  each  and  every  such  office  or  place  of  business,  or  for 
each  and  every  branch  office  where  the  business  of  said 
person,  co-partnership,  association  or  firm  as  such  real 
estate  broker  in  said  City  is  carried  on  or  located;  and  any 
person  who  shall  violate  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a misdemeanor,  and  on  conviction 
thereof,  shall  be  subject  to  the  same  fine  and  penalties  as 
are  imposed  by  the  provisions  of  section  696  of  this  Article; 
but  nothing  herein  shall  be  so  construed  as  to  prevent  any 
such  person,  co-partnership,  association  or  firm,  legal 
representative  or  assignee,  from  holding  at  the  same  time 
with  the  license  as  real  estate  broker  in  said  City,  provided 
for  by  section  695  of  this  Article,  a license  or  licenses  for 
any  other  kinds  of  brokerage  business  permitted  by  the 
laws  of  this  State  upon  paying  to  the  clerk  the  several  sums 
by  law  prescribed  for  such  license  or  licenses. 

1888  ch.  495.  P.  L.  L.,  (1888)  Art.  4,  Sec.  663. 

700.  The  five  preceding  sections  shall  not  apply  to 
transactions  of  attorneys  at  law  with  their  clients;  but  their 
provisions  shall  nevertheless  apply  to  all  other  persons  who 
make  a business  of  brokerage  or  agency  for  others  in 
transactions  in  real  estate,  mortgage  or  chattels  real,  by 
solicitation,  advertisement,  sign  or  otherwise,  with  a view 
to  reward  or  compensation  for  such  business,  whether  the 


LICENSES— STEVEDORES— DUTY  OF  SHERIFF  AND  CLERK  OF  COURT.  427 


same  be  conducted  under  the  name  of  agent,  property 
agent,  broker,  negotiator,  financier,  dealer  or  any  other 
name  so  as  to  evade  the  provisions  of  said  sections. 

Stevedores. 

1898,  ch.  505.  P.  L.  E.,  (1888)  Art.  4,  Sec.  668A. 

§700a.  Before  any  person  or  body  corporate  shall  trans- 
act the  business  of  a master  stevedore  in  the  City  of 
Baltimore,  he  or  it  shall  first  obtain  from  the  clerk  of  the 
Court  of  Common  Pleas  in  said  City  a State’s  license,  state  license  to 
authorizing  him  or  it  to  carry  on  said  business  in  the  said  obtained. 
City,  for  which  said  license  he  or  it  shall  pay  the  sum  of 
twenty-five  dollars,  and  any  stevedore  who  shall  violate 
this  section  by  failure  to  obtain  the  license  as  aforesaid, 
though  continuing  to  transact  the  business  of  a stevedore, 
shall  be  deemed  guilty  of  a misdemeanor,  and  shall,  on 
conviction  thereof  in  the  Criminal  Court  of  Baltimore  City, 
be  fined  the  sum  of  one  hundred  dollars,  or  be  imprisoned 
in  the  City  Jail  for  the  term  not  exceeding  six  months,  or 
both,  in  the  discretion  of  the  court.** 

Steenken  v.  State,  88  Md.  708. 

Duty  of  Sheriff  and  Clerk  of  Court. 

1866,  ch.  151.  1888,  ch.  372.  P.  L.  E.,  (1888)  Art.  4,  Sec.  669. 

701.  It  shall  be  the  duty  of  the  Sheriff  of  Baltimore 
City  annually,  in  the  month  of  April,  to  make  or  cause  to  ® ai?ifab°eM^ 
be  made  an  alphabetical  list  of  the  names  of  all  persons  or  llclnfes. 
bodies  corporate  or  politic  in  each  ward  of  the  City  of 
Baltimore  who  shall  be  exercising,  pursuing  any  business^ 
or  be  doing  any  act  or  thing,  or  shall  be  in  the  use  or 
occupation  of  any  house  or  place  for  any  purpose  for  which 
a license  is  made  necessary  by  this  sub-division  of  this 
Article,  and  to  return  such  list  to  the  Grand  Jury  of  said 

**Note. — The  Act  1898,  ch.  505,  was  construed  by  the  Court  m re 
Steenken  v.  State,  88  Md.  708,  and  the  provisions  relating  to  the  bond 
required  under  the  terms  of  said  Act  were  declared  unconstitutional  and 
void,  but  the  validity  of  the  remaining  provisions  of  the  Act  upheld.  The 
act  as  embodied  in  section  §700a  has  been  modified  to  conform  to  the 
decision  of  the  Court. 


428 


misceli^aneous  eocae  eaws. 


City  at  as  early  a period  as  practicable  after  the  first  day 
of  May  then  next  ensuing;  and  the  said  Sheriff  shall,  within 
the  first  week  of  the  month  of  April,  cause  a notice  to  be 
"^the1?lxpEa-  inserted  in  the  daily  papers  of  the  City,  cautioning  all 
tion.  persons  and  bodies  corporate  or  politic  whom  it  may  con- 
cern, to  obtain  a license,  or  renew  the  same,  on  or  before 
the  first  day  of  May  then  next  ensuing;  and  said  Sheriff 
pgg  shall  be  entitled  to  receive  fifty  cents  for  every  license 

obtained  by  any  person  whose  name  shall  be  contained  in 
the  list  so  returned  by  him,  to  be  paid  by  the  party  apply- 
ing for  each  license;  but  the  failure  of  said  Sheriff  to  give 
the  notice  herein  directed  shall  not  excuse  any  neglect  to 
obtain  a license  as  required  by  the  Public  General  Laws. 

1894,  ch.  113.  P.  L.  E.,  (1888)  Art  4,  Sec.  669A. 

702.  There  shall  be  entered  in  writing  by  the  Clerk  of 
the  Court  of  Common  Pleas  upon  the  face  of  all  licenses 
obtained  by  individuals,  firms  or  corporations  to  conduct 
business  as  trades  in  the  City  of  Baltimore,  the  name  of 
the  street  and  number  of  the  house  or  building,  or  if  there 
be  no  number,  a full  designation  of  the  location  of  said 
house  or  building  for  which  a license  is  applied  for;  and 
Restrictions  each  liconse  shall  only  authorize  the  transaction  of  business 
in  one  house  or  building,  unless  the  individual,  firm  or 
corporation  shall  occupy  more  than  one  adjoining  houses 
or  buildings,  and  said  houses  or  buildings  have  open,  direct, 
internal  communication  with  each  other;  in  that  case  one 
license  will  cover  transactions  in  said  adjoining  houses  or 
buildings  so  arranged  and  occupied;  provided,  always,  that 
any  firm,  individual  or  corporation  may  obtain  any  number 
of  licenses  to  conduct  business  in  any  number  of  separate 
places  of  business  in  said  City,  upon  paying  for  each  license 
a sum  graded  according  to  the  amount  of  stock  or  merchan- 
dise generally  kept  on  hand  or  proposed  to  be  kept  on  hand 
at  the  principal  season  of  sale  in  said  respective  places  of 
business,  according  to  the  Code  of  Public  General  Laws, 
Article  56,  sections  40  to  52,  or  such  amendments  as  may 
hereafter  be  added  thereto. 


Rohr  V.  Gray,  80  Md.  274. 


MARKETS — SALES  IN. 


429 


MARINERS  AND  CHARITABLE  MARINE  SOCIETY 
OF  BALTIMORE. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  630.  P.  L.  L.,  (1888)  Art.  4,  Sec.  670. 

703.  Whenever  a mariner  residing  in  or  sailing  to  or 
from  the  port  of  Baltimore  shall  depart  this  life  intestate, 
and  leaving  no  relations  within  the  fifth  degree,  to  be 
reckoned  by  counting  down  from  the  common  ancestor  to 
the  more  remote,  the  whole  surplus  estate  of  such  mariner, 
after  paying  debts,  funeral  expenses  and  cost  of  adminis- 
tration, shall  devolve  on  and  become  the  property  of  the 
Charitable  Marine  Society  of  Baltimore. 

MARKETS.** 

P.  L.  L.,  (1860)  Art.  4,  Sec.  631.  P.  L.  L.,  (1888)  Art.  4,  Sec.  672. 

704.  If  any  person  shall  buy,  or  cause  to  be  bought,  purchase  to 
any  kind  of  vegetables,  dead  meat,  poultry,  butter,  cheese,  unWuL 
tallow,  eggs  or  fish,  in  any  of  the  markets  of  said  City,  or 
within  ten  miles  thereof,  with  an  intent  to  sell  the  same 

again  in  such  markets,  or  City,  or  within  two  miles  thereof, 
he  shall  for  the  first  offence  forfeit  the  article,  or  the  value 
thereof;  for  the  second  offence,  he  shall  forfeit  the  article  penalty, 
and  be  fined  four  dollars,  and  for  every  other  offence  for- 
feit fifteen  dollars,  to  be  recovered  in  a summary  way 
before  a Justice  of  the  Peace;  provided,  that  the  purchas- Proviso, 
ing  of  pork,  beef  and  fish,  by  the  barrel  or  other  package, 
butter  in  firkins,  or  other  packages  not  less  than  fifty 
pounds,  bacon  or  cheese  by  the  quantity,  by  any  merchant 
or  shop  keeper,  and  selling  the  same  again  in  his  store  or 
shop,  shall  not  be  deemed  or  taken  as  an  offence  against 
this  section. 

P.  L.  L.,  (I860)  Art.  4,  Sec.  633.  P.  L.  Iv.,  (1888)  Art.  4,  Sec.  673. 

705.  Whenever  any  person  shall  be  found  exposing  for 
sale  any  of  the  articles  enumerated  in  the  preceding  section, 
otherwise  than  in  his  store  or  shop,  and  there  shall  be  good 

**Note.— Pfeffering  v.  Baltimore  City,  88  Md.  475,  in  relation  to 
the  powers  of  the  city  to  regulate  and  control  markets. 


430 


MISCKlyLANEOUS  LOCAE  LAWS. 


Offenders  sum- 
marily pun- 
ished. 


Butter. 


Growers  and 
producers  ex- 
empt from 
fees. 


cause  to  suspect  they  have  been  purchased  contrary  to  the 
provisions  of  the  preceding  section,  it  shall  be  lawful  for 
any  person  to  apply  to  a Justice  of  the  Peace  for  a warrant 
to  apprehend  the  person  so  suspected,  and  the  Justice  shall 
have  power  to  inquire  into  the  offence;  and  if  the  person 
suspected  be  convicted  thereof,  or  if  he  cannot  make  it 
appear  to  the  satisfaction  of  the  Justice  that  he  raised  or 
made  the  articles  offered  by  him  for  sale,  or  is  disposing 
of  them  on  account  of  the  person  who  raised  or  made  them, 
or  that  he  bought  the  same  ten  miles  or  upwards  from  the 
City  of  Baltimore,  he  shall  be  deemed  to  be  an  offender 
against  the  provisions  of  the  preceding  section,  and  the 
fines  and  forfeitures  shall  be  recovered  in  a summary  way 
before  the  said  Justice. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  634.  P.  L.  L.,  (1888)  Art.  4,  Sec.  674. 

706.  All  butter  sold  by  the  pound  in  the  said  markets 
shall  weigh  sixteen  ounces  advoirdupois  weight;  and  any 
person  bringing  butter  to  the  said  markets  and  offering  the 
same  for  sale,  of  less  weight  than  sixteen  ounces  advoir- 
dupois, shall  forfeit  the  same,  and  it  shall  be  seized  and 
taken  by  the  clerk  of  the  market  and  sold  for  the  use  of 
the  City. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  636.  P.  L.  L.,  (1888)  Art.  4,  Sec.  676. 

707.  No  charge,  tax  or  fees  shall  be  set,  rated  or  levied 
upon  any  person  or  the  property  of  any  person  who  shall 
attend  any  of  the  markets  of  said  City  with  any  articles  or 
produce  from  the  country,  to  vend  in  said  markets,  of  his 
own  growth,  produce  or  manufacture,  or  as  the- agent  of 
the  grower,  producer  or  manufacturer  of  the  same,  unless 
such  person  shall  occupy  some  place  or  stand  in  some  of  said 
market-houses;  provided  such  person  or  agent  be  not  a 
resident  of  said  City. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  637.  P.  L.  L.,  (1888)  Art.  4,  Sec.  677. 

708.  If  any  clerk  of  the  market,  or  any  other  person 
or  officer  appointed  by  or  under  the  provisions  of  this 


MARKETS— CONDEMNATION  OF  PROPERTY. 


431 


Article,  shall  demand,  receive  or  collect  any  tax  or  other 
charges  from  any  person  attending  the  markets  of  said 
City  as  provided  in  the  preceding  section,  who  shall  be 
standing  in  the  open  streets,  and  who  does  not  occupy  any 
place  or  stand  in  the  market,  he  shall  be  liable  to  a fine  of 
twenty  dollars  for  each  offence,  to  be  recovered  before  any 
Justice  of  the  Peace  as  small  debts,  one-half  to  the  in- 
former and  the  other  half  to  the  State. 

P.  L.  Iv.,  (I860;  Art.  4,  Sec.  640.  P.  L.  E.,  (1888)  Art.  4,  Sec.  680. 

709.  The  City  may  agree  with  the  owners  of  any 
or  other  property  which  it  may  deem  expedient  to  purchase  buy  land  for. 
and  hold,  for  the  purpose  of  extending  any  market ; and 
if  they  cannot  agree,  or  if  there  be  any  incapacity  in  the 
owners  to  contract  in  relation  thereto,  or  if  such  owners 
be  unknown  or  out  of  the  State,  any  Justice  of  the  Peace 
for  said  City,  on  application  of  the  Mayor  and  City  Council 
of  Baltimore,  may  issue  his  warrant  to  the  Sheriff  of  said 
City,  commanding  him  to  summon  from  the  said  City  acondemna- 
jury  of  twenty  freeholders,  inhabitants  of  said  City,  not 
related  to  the  owners  or  persons  interested  in  the  real 
estate  or  other  property,  to  meet  on  the  premises  on  some 
certain  day  to  be  named  in  said  warrant,  of  which  said 
warrant  and  the  day  therein  named  for  the  meeting  of  the 
jury,  five  days’  notice  shall  be  given  previous  to  such  day 
by  the  Mayor  and  City  Council  of  Baltimore,  to  every 
owner  or  person  interested,  and  left  at  his  place  of  abode. 


P.  L.  E.,  (1860)  Art.  4,  Sec.  641.  P.  E.  E.,  (1888)  Art.  4,  Sec.  681. 

710.  If  any  infant  or  lunatic  or  feme  covert  be  the  Notice  to  in- 
owner in  whole  or  in  part  of  the  property  subject  to  be 
condemned,  the  notice  shall  be  given  to  his  or  her  guardian, 
trustee,  committee  or  husband,  as  directed  in  the  preceding 
section. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  642.  P.  E.  E.,  (1888)  Art.  4,  Sec.  682. 

711.  If  such  owner,  guardian,  trustee,  committee  or 
husband  resides  out  of  the  State,  or  is  unknown,  such  Non-resident. 


432 


MISCKI.LANEOUS  EOCAE  EAWS. 


notice  shall  be  published  not  less  than  eight  weeks,  suc- 
cessively, in  some  one  or  more  of  the  daily  newspapers  of 
said  City. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  643.  P.  E.  E.,  (1888)  Art.  4,  Sec.  683. 

712.  The  owner  of  such  property,  or  the  guardian, 
trustee,  committee  or  husband  of  the  owner  may,  from  the 

striking  off  list  of  jurors  returned  by  the  Sheriff,  strike  four,  and  the 

Jurors.  Mayor  and  City  Council  of  Baltimore,  four,  so  that  the 

number  of  jurors  may  be  reduced  to  twelve  ; and  if  either 
party  neglect  or  fail  to  strike  off  the  names  of  jurors,  the 
Sheriff  or  his  deputy  shall  strike  for  the  party  so  failing 
or  refusing. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  644.  P.  E.  E.,  (1888)  Art.  4,  Sec.  684. 

713.  The  Sheriff  or  his  deputy  shall,  before  the  said 
jury  proceed  to  act,  administer  to  each  of  the  jurors  an 

Oath  to  Jurors.  oath,  justly  and  impartially  to  value  the  damages  which 
the  owners  or  parties  holding  an  interest  in  the  property 
to  be  condemned  will  sustain  by  the  use  and  occupation 
thereof  by  the  Mayor  and  City  Council  of  Baltimore. 

P.  E.  E.,  (I860)  Art.  4,  Sec.  645.  P.  E.  E.,  (1888)  Art.  4.  Sec.  685. 

Damages  714.  The  jury  so  qualified  shall  inquire  into,  assess  and 
assesse  . ^scertain  the  sum  of  money  to  be  paid  by  the  Mayor  and 

City  Council  of  Baltimore,  for  the  land  or  other  property 
to  be  condemned,  having  regard  to  all  the  circumstances 
of  damage  or  benefit  to  result  to  such  owner  or  party  in- 
terested therein. 

P.  E.  E.,  (I860)  Art.  4,  Sec.  646.  P.  E.  E.,  (1888)  Art.  4,  Sec.  686. 

Inquisition.  715.  The  jury  shall  reduce  their  inquisition  to  writing, 
and  shall  sign  and  seal  the  same,  and  it  shall  then  be 
returned  by  the  Sheriff  to  the  Clerk  of  the  Superior  Court 
of  said  City,  and  be  by  such  clerk  filed  in  his  office,  and 
shall  be  confirmed  by  said  court  at  its  next  session  if  no 
sufficient  cause  to  the  contrary  be  shown,'  and  when  con- 


MARKETS — CONDEMNATION  OF  PROPERTY  FOR. 


433 


firmed  shall  be  recorded  by  the  said  clerk  at  the  expense 
of  the  Mayor  and  City  Council  of  Baltimore. 

P.  h.  h.,  (I860)  Art.  4,  Sec.  647.  P.  h.  E.,  (1888)  Art.  4,  Sec.  687. 

716.  If  said  inquisition  be  set  aside  by  the  said  court, 
the  court  shall  direct  another  inquisition  to  be  taken  in  the 
manner  hereinafter  directed. 


P.  E.  E.,  (1860)  Art  4,  Sec.  648.  P.  E.  E.,  (1888)  Art.  4,  Sec.  688. 

717.  Every  such  inquisition  shall  describe  the  property  Description  of 
taken  or  the  bounds  of  the  land  condemned,  and  the  property 
quantity  or  duration  of  the  interest  in  the  same  valued  to 
the  Mayor  and  City  Council  of  Baltimore  ; and  such  valu- 
ation, when  paid  or  tendered  to  the  owner  of  said  property 
or  his  legal  representatives,  shall  entitle  the  Mayor  and 
City  Council  of  Baltimore  to  the  full,  legal  and  equitable 
title,  interest  and  estate  of  the  owners  of  said  property, 
estate  and  interest  in  the  same  thus  valued,  as  fully  as  it 
had  been  held  by  the  owners  of  the  same  ; and  the  valuation, 
if  not  received  when  tendered,  may  at  any  time  thereafter 
be  received  without  interest  by  the  said  owners,  or  their 
legal  representatives. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  649.  P.  E.  E.,  (1888)  Art.  4,  Sec.  689. 

718.  If  the  twenty  jurors  summoned  as  hereinbefore 
directed  shall  not  appear  at  the  time  and  place  mentioned,  other  jurors, 
the  Sheriff  or  his  deputy  shall  forthwith  summon  other 
freeholders  of  the  City,  qualified  as  before  directed  to 

make  up  the  said  jury  to  the  number  of  twelve. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  650.  P.  E.  E.,  (1888)  Art.  4.  Sec.  690. 

719.  The  jurors  summoned  and  attending  shall  be  Per  diem  of 
allowed  one  dollar  per  day  for  their  services  ; the  Sheriff 

shall  be  allowed  the  same  fees  as  for  summoning  jurors  to 
the  Superior  Court,  and  two  dollars  a day  for  each  day  he 
or  his  deputy  shall  attend  upon  such  inquisition  ; and  such 
expenses  shall  be  paid  by  the  Mayor  and  City  Council  of 


434 


MISCELLANEOUS  LOCAL  LAWS. 


Baltimore,  except  in  cases  of  objection  to  the  confirmation 
of  the  inquisition,  when  the  costs  in  said  court,  may  be 
awarded  in  the  discretion  of  the  court. 

MORTGAGES.** 

1833,  ch.  181.  1836,  ch.  249.  P.  L.  L.,  (I860)  Art.  4,  Sec.  782. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  692.  1890,  ch.  197. 

720.  In  all  cases  of  conveyances  of  lands  or  herdita- 
ments  or  of  chattels  real,  or  goods  and  chattels  personal, 
situate  in  the  said  City,  wherein  the  mortgagor  shall  declare 
Assent  to  de-  his  assent  to  the  passing  of  a decree  for  the  sale  of  the 
cree  o sa  e.  shall  be  lawful  for  the  mortgagee  or  his  assigns  at 

any  time  after  filing  the  same  to  be  recorded,  to  submit  to 
either  of  the  Circuit  Courts  of  Baltimore  City  the  said 
conveyances  or  copies  thereof,  under  seal  of  the  Superior 
Court ; and  the  Circuit  Court  to  which  the  same  is  so  sub- 
mitted, may  thereupon  forthwith  decree  that  the  mortgaged 
Sale.  premises  shall  be  sold  at  any  one  of  the  periods  limited  in 

said  conveyances  for  the  forfeiture  of  said  mortgages  or 
limited  for  a default  of  the  mortgagors,  and  on  such  terms 
of  sale  as  to  the  said  court  may  seem  proper,  and  shall 
appoint  by  said  decree  a trustee  or  trustees  for  making  such 
sale,  and  shall  require  bond  and  security  for  the  perform- 
ance of  the  trust  as  is  usual  in  cases  of  sales  of  mortgaged 
premises. 

Eichelberger  v.  Harrison,  3 Md.  Dec.  39.  Cronise  v.  Clark,  4 Md. 
ch.  Dec.  403.  Williams  v.  Williams,  7 Gill  302.  Ing  v.  Cromwell,  4 
Md.  31.  Gatchell  v.  Presstman,  5 Md.  161.  Kauffman  v.  Walker,  9 
Md.  229.  Robertson  v.  Amer.  Homestead  Association,  10  Md.  397. 
Kenly  v.  Wiernian,  18  Md.  302.  Black  v.  Carroll,  24  Md.  252.  Franz 
V.  Teutonia  Bldg.  Ass’n,  24  Md.  269.  Brooks  v.  Hayes,  24  Md.  518. 
Seebold  v.  Lockner,  30  Md.  133.  Tome  v.  Merchants  and  Me  chanics 
Bldg.  Ass’n.,  34  Md.  12.  Heiusler  v.  Nikum,  38 Md.  270.  Shaefer  v.  Ami- 
cable P.  L.  & L.  Co.,  47  Md.  126.  Kerchner  v.  Kempton,  47  Md.  568. 

**Note. — Mortgages  ; Powers  of  Circuit  Court  No.  2.  Circuit  Court 
No.  2 of  Baltimore  City  has  power  to  pass  an  e:r  parte  decree  authorized 
by  a mortgage  executed  prior  to  the  establishment  of  said  court.  Miller 
V.  Gunkle,  Daily  Record,  April  2,  1892. 

Powers  of  Sale  aud  Assent  to  Decree.  The  power  of  sale  and  assent 
to  the  passage  of  a decree  contained  in  a mortgage,  is  a power  coupled 
with  an  interest.  Easter  v.  Easter,  Daily  Record,  January  23,  1897. 


MORTGAGES — SALES  UNDER  DECREES. 


435 


Gustave  Adolph  Bldg.  Ass’n  v.  Kratz,  55  Md.  394.  Abrahams  v.  Tappe, 

60  Md.  317,  Trayhern  v.  Colburn,  66  Md.  280.  Bernstein  v.  Hobelman, 

70  Md.  29.  Chilton  v.  Brooks,  71  Md.  445.  Roberts  v.  Loyola  Bldg. 

Ass’n,  74  Md.  1.  Haskie  v.  James,  75  Md.  568.  Hughes  v.  Riggs,  84 
Md.  505.  Connaughton  v.  Bernard,  84  Md.  589.  Knapp  v.  Anderson, 

89  Md.  189. 

1833,  ch.  181.  1880,  ch.  216.  P.  L.  L.,  (1888)  Art.  4,  Sec.  693. 

721.  The  trustee  or  trustees  so  appointed,  after  having 
given  bond  with  security,  may,  after  the  arrival  of  the 
period  limited  by  the  decree  for  a sale,  sell,  agreeably  to  the 
terms  of  said  decree,  the  mortgaged  property  or  any  part 
thereof ; the  mortgagees,  their  executors,  administrators 
or  assigns,  if  the  mortgage  claim  shall  have  been  assigned  procedure, 
before  such  sale,  or  their  duly  constituted  agent  or  attorney, 
after  the  arrival  of  the  period  aforesaid,  verifying  by  their 
oath  a statement  of  the  amount  of  said  mortgage  claim  re- 
maining due,  before  the  Judge  of  said  court  or  before  any 
Justice  of  the  Peace  of  this  State,  the  official  character  of  any 
Justice  of  the  Peace  for  any  county  being  certified  under 
his  official  seal  by  the  Clerk  of  the  Circuit  Court  for  the 
county  where  the  affidavit  is  made,  where  the  affidavit  is 
made  outside  of  the  City  of  Baltimore  or  before  any 
person  outside  of  this  State  authorized  to  take  acknowledg- 
ments of  deeds  ; and  such  statement  shall  be  filed  in  said 
court. 

Hays  V.  Dorsey,  5 Md,  99.  Ziegler  v.  King,  9 Md.  330.  White  v. 

Malcolm,  15  Md.  529.  Brooks  v.  Hayes,  24  Md.  507.  Md.  Perm.  Bldg. 

Society  v.  Smith,  41  Md.  516.  Hughes  z'.  Riggs,  84  Md.  505.  McCause- 
land  V.  Humane,  etc..  Society,  95  Md.  744. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  784.  P.  L.  L.,  (1888)  Art.  4,  vSec.  694. 

722.  Such  sales  and  the  conveyances  thereupon  shall 
have  the  same  effect,  if  finally  ratified’  by  said  court,  as  if  validity  of 
the  same  had  been  made  under  decrees  between  the  proper 
parties  in  relation  to  the  mortgages,  and  in  the  usual  course 
of  said  court. 

Gatchell  v.  Presstman,  5 Md.  161.  McDowell  v.  Goldsmith,  6 Md.  319. 
Monumental  B.  Ass’n  No.  2,  v.  Herman,  33  Md.  128.  Morrill  v. 

Gelston’s  Lessee,  34  Md.  413.  Carroll  v.  Kerschner,  47  Md.  262. 

Rau  V.  Robertson,  58  Md.  506.  White  v.  McClellan,  62  Md.  347. 

Albert  v.  Hamilton,  76  Md.  304. 


436  MISCELIvANEOUS  LOCAL  LAWS. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  785.  P.  L.  L.,  (1888)  Art.  4,  Sec.  695. 

Trustee’s  723.  The  trustee  or  trustees  shall  report  the  sales  to 
the  court  for  its  consideration  and  ratification  or  rejection; 
and  such  orders  shall  pass  therein  touching  such  ratifica- 
tion as  are  usual  on  sales  of  mortgaged  property  in  said 
court. 

Hardy  v.  Smith,  41  Md.  1.  Haskie  v.  James,  75  Md.  568.  Albert  v. 
Hamilton,  76  Md.  309. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  786.  P.  L.  L.,  (1888)  Art.  4,  Sec.  696. 
aSfnSslie.  Any  allegations  may  be  made,  and  proof  under 

the  orders  of  the  said  court  exhibited,  and  a trial  of  the 
allegations  had  as  the  court  shall  prescribe,  to  show  that 
the  sales  ought  not  to  have  been  made.** 

Robertson  v.  Homestead  Bldg.  Ass’n,  10  Md.  407.  Black  v.  Carroll, 
24  Md.  251.  Heuisler  z/.  Nickum,  38  Md.  273.  Equitable  M.  L.  I. 
Ass’n  V.  Becker,  45  Md.  632.  Bernstein  v.  Hobelman,  70  Md.  29. 
Roberts  v.  Loyola  P.  B.  A.,  74  Md.  1.  Haskie  v.  James,  75  Md.  568. 
Albert  v.  Hamilton,  76  Md.  304.  Richardson  v.  Owens,  86  Md.  664. 


P.  L.  L..  (1860)  Art.  4,  Sec.  787.  P.  L.  L.,  (1888)  Art.  4,  Sec.  697. 

725.  The  said  court,  upon  being  satisfied  of  the  truth 
of  said  allegations,  shall  reject  and  set  aside  the  sale,  and 
Voiding  sales,  in  such  case  no  part  of  the  costs  or  expenses  or  trustee’s 
commission,  if  any  such  commission  be  claimable,  in  rela- 
tion to  the  said  sales,  shall  be  chargeable  upon  said  property, 
or  the  mortgagors,  their  heirs,  executors,  administrators 
or  assigns,  but  shall  be  wholly  chargeable  against  the 
persons  at  whose  instance  or  for  whose  benefit  the  said 
sales  shall  have  been  proposed  to  be  made. 

Equitable  Land  Impmt.  Ass’n  v.  Becker,  45  Md.  634. 


1833,  ch.  181.  P.  L.  L.,  (I860)  Art.  4,  Sec.  788.  P.  L.  L.,  (1888) 
Art.  4,  Sec.  698. 

Docketeentries  726.  The  clerk  of  said  court  shall  file  and  record  the 
fngr.  * said  decrees,  and  docket  the  cases  of  the  application  there- 
for ; and  in  the  said  decree,  and  to  be  recorded  therewith. 


**Note. — The  cases  cited  under  Section  724,  mainly  relate  to  proceed- 
ings instituted  to  set  aside  sales  under  this  sub-division  of  this  Article. 


MORTGAGES — ASSIGNMENT  AND  SATISFACTION  OF  DECREES. 


437 


shall  file  a copy  of  the  mortgage  upon  which  the  same  was 
rendered,  and  shall  be  entitled  to  the  usual  fees  for  such 
services. 

1833,  ch.  181.  P.  L.  L , (I860)  Art.  4,  Sec.  789.  P.  L.  L.,  (1888) 

Art.  4,  Sec.  699. 

727.  Any  entry  on  the  docket  of  said  court  by  the  per- 
son entitled  to  assign  the  said  mortgage  claim,  of  the  use 
and  benefit  of  said  decrees-,  shall  have  the  same  eifect  as 
assignments  and  conveyances  of  the  said  mortgage  inter- 
ests,  to  have  effect  and  precedence  from  the  time  of  their 
respective  entries  ; and  the  said  entries  shall  not  be  made 
without  an  order  or  direction  in  writing,  to  be  acknowledged 
before  the  Judge  of  said  court,  or  a Justice  of  the  Peace, 
by  the  persons  purporting  to  sign  the  same,  and  filed  and 
recorded  by  said  clerk. 

1833,  ch.  181.  P.  L.  L.,  (1860)  Art.  4,  Sec.  790.  P.  L.  L.,  (1888) 

Art.  4,  Sec.  700. 

728.  The  duly  authorized  entries  upon  the  docket  of 

said  court,  of  the  satisfaction  of  said  decrees,  and  the  dis- ® Decree!^” 
charge  of  said  mortgage  claims,  made  by  the  persons 
entitled  to  receive  said  claims,  shall  have  the  same  effect 
to  discharge  the  mortgaged  property  of  said  mortgage, 
and  all  liens  thereunder,  as  any  conveyances  by  the  parties 
interested  in  such  claims,  and  the  holders  of  the  legal  estate 
and  interest  therein,  if  competent  to  convey,  could  have  at 
law  or  in  equity;  but  such  entries  shall  not  be  made  with- 
out an  order  or  direction  in  writing,  acknowledged  by  the 
persons  purporting  to  have  signed  the  same,  before  the 
Judge  of  said  court,  or  a Justice  of  the  Peace,  and  filed  by 
the  clerk  of  said  court;  and  the  entries  shall  refer  to  such 
orders  or  directions,  and  the  names  of  the  persons  afore- 
said; and  said  order  and  directions  shall  be  recorded  in  said 
court  with  said  decrees. 

1833,  ch.  181.  P.  Iv.  L.,  (1860)  Art.  4,  Sec.  791.  P.  h.  L.,  (1888) 

Art.  4,  Sec.  701 

729.  The  said  court  may,  at  its  discretion,  from  time 

to  time,  appoint  any  other  trustee  or  trustees  in  place  of  trustees. 


438 


MISCEIvIvANKOUS  LOCAE  EAWS. 


those  appointed  by  the  decree;  . and  the  proceeds  of  such 
sales  shall  be  accounted  for,  to,  and  distributed  by,  said 
Distribution,  eourt,  in  the  manner  usual  in  cases  of  sales  under  decrees 
of  said  court. 


• P.  L.  L.,  (1860)  Art.  4,  Sec.  792.  P.  L.  L.,  (1888)  Art.  4,  Sec.  702. 

, ^ 730.  Any  mortgagee  of  property  in  the  City  of  Balti- 

ales  under  , . . i n . 

General  Law.  more,  his  assignee  or  executor,  where  a power  to  sell  is 
contained  in  the  mortgage,  may  proceed  under  Article  66 
of  the  Public  General  Laws,  title  “Mortgages,  ” but  notices 
of  sale  under  such  power  shall  be  published  in  two  daily 
newspapers  in  said  City  for  a period  required  by  law.** 

Chilton  V.  Brooks,  71  Md.  445,  453.  Roberts  v.  Eoyola  P.  B.  Ass’n., 
74  Md.  3,  4.  Knapp  v.  Anderson,  89  Md.  190. 

**NOTE. — Points  of  Issue  and  Dicta  of  the  Court  in  Cases  Arising  out 
of  the  Exercise  of  the  Powers  Conferred  by  Section  730  of  the 
Charter. 

Advejdisement.  Requisites  of  a valid  advertisement. — Kaufman  v. 
Walker,  9 Md.  229.  White  v.  Malcolm,  15  Md.  529.  Reeside  v.  Peter, 
33  Md.  120.  Stevens  v.  Bond,  44  Md.  506.  Wareheim  v.  Building 
Ass’n.,  44  Md.  512.  Dircks  v.  Logsdon,  59  Md.  173.  Mistakes  in 
advertisement;  effect  of. — Brooks  v.  Hays,  24  Md.  507.  Patterson  v. 
Miller,  52  Md.  388. 

Annexation  Act.  Effect  of,  on  power  to  sell. — Chilton  v.  Brooks,  71 
Md.  445.  Roberts  v.  Loyola  P.  B.  Ass’n.,  74  Md.  3. 

Assignme^it  of  Mortgage.  Effect  on  power  of  sale. — Russum  v. 
Wauser,  53  Md.  92.  Bouldin  v.  Reynolds,  58  Md.  491  and  Erb  v. 
Grimes,  94  Md.  92. 

Auctio7ieer.  See,  “Mis-statement  of  Auctioneer.” 

Audit.  When  audit  may  be  dispensed  with. — Korns  v.  Shaffer,  27 
Md.  83. 

Bond  of  Foreclosure. — See,  Cockey  v.  Coale,  28  Md.  276  and  Ware- 
heim V.  Carroll  Bldg.  Ass’n.,  44  Md.  512. 

Commissions.  Commissions  in  mortgage  sales  are  not  chargeable 
against  the  mortgagor  as  being  embraced  in  the  term  “expenses  of  sale,” 
Johnson  v.  Glenn,  80  Md.  369.  Commissions  in  mortgage  sales  are  a 
matter  of  contract. — Dorsey  v.  Omo.  93  Md.  74. 

Debt.  Nature  of  mortgage  debt. — W.  M.  R.  R.  Co.,  v.  Goodwin,  77 
Md.  271. 

Decree.  Effect  of  void  decree. — Kerchner  v.  Kempton,  47  Md.  568. 

Default.  See,  “Insurance  and  Interest.” 


MORTGAGES — DEFAULT  BEFORE  DECREE. 


439 


1833  ch.  181  Sec.  3.  1864,  ch.  124  P.  L.  L..  (1888)  Art.  4.  Sec.  703. 

731.  Where  a default  of  the  mortgagors  has  taken  place  ^ , 

before  the  said  conveyances  have  been  submitted  to  the  decree. 
Circuit  Court  of  Baltimore  City,  it  shall,  nevertheless,  be 
the  duty  of  said  court,  upon  the  submission  of  the  said 
conveyances  to  such  court,  after  the  said  default,  to  forth- 
with decree  that  the  mortgaged  premises  shall  be  sold  on 
such  terms  of  sale  as  to  the  said  court  shall  seem  proper, 
and  to  appoint  by  said  decree  a trustee  or  trustees  to  make 
such  sale,  requiring  bond  and  security  for  the  performance 
of  the  trust,  as  is  usual  in  the  case  of  the  sale  of  mort- 
gaged premises;  and  the  said  trustee  or  trustees  may  sell 
the  same  agreeably  to  the  terms  of  the  said  decree;  but 
before  each  sale  the  mortgagee  or  mortgagees,  or  some  of 
the  mortgagees,  or  the  executor  or  administrator  of  a 
deceased  mortgagee,  or  the  assignee  or  assignees  of  the 
mortgagee  or  one  of  such  assignees,  or  the  executor,  or 
administrator  of  a deceased  assignee,  shall  file  in  the  court 


Exceptio7is.  When  and  by  whom  exceptions  to  ratification  of  sale 
may  be  filed. — Aukum  v.  Jantziger,  94  Md.  421.  Bond  v.  Gray  Imp. 
Co.,  102  Md.  426. 

Expenses  oj  Sale.  See.,  “Commissions,” 

Inadequacy  of  Price.  When  sufficient  ground  for  setting  aside  sale 
under  power  to  sell, — Harnickell  v.  Orndroff,  35  Md.  341.  Horsey  v. 
Hough,  38  Md.  130.  Condon  v.  Maynard,  71  Md.  601.  Carroll  v.  Hut- 
ton, 91  Md.  379. 

Insiu'ance.  When  failure  to  pay  • constitutes  default.  - Walker  v. 
Cockey,  38  Md.  75,  Right  of  mortgagee  to  insurance  on  mortgaged 
premises  when  fire  takes  place  after  sale,  but  before  ratification  there- 
of.— Bowdoin  v.  Hammond,  79  Md.  173. 

Interest.  When  non-payment  of  interest  constitutes  default. — Mow- 
bray V.  Leckie,  42  Md.  474.  Acceptance  if  interest  by  mortgagee  after 
default  does  not  constitute  waiver  of  latter’s  right  to  foreclosure. — 
Mahoney  v.  McCubbin,  52  Md.  357. 

Jurisdiction.  Jurisdiction  of  court  in  sales  under  powers. — Cockey  v. 
Coale,  28  Md,  276. 

Misstatements.  Setting  aside  sale  under  a power  on  account  of  mis- 
statements of  auctioneer. — Schaeffer  v.  Bond,  70  Md.  480. 

Mortgage  Notes.  When  filing  of  same  unnecessary. — Heidel  v. 
Bladen.  83  Md.  225. 


440 


MISCELLANEOUS  LOCAL  LAWS. 


in  which  the  said  proceedings  are  pending,  a statement  of 
the  amount  of  the  said  mortgaged  claim  remaining  due, 
verifying  the  same  by  the  oath  or  affirmation  of  the  party 
filing  the  same;  and  the  said  affidavit  or  affirmation  may  be 
made  before  any  of  the  persons  mentioned  in  section  721 
of  this  Article,  and  the  same  shall  be  authenticated  as 
provided  for  in  section  721. 

Hays  V.  Dorsey,  5 Md.  99.  Gatchell  v.  Presstman,  5,  Md.  161. 
Black  V.  Carroll,  24  Md.  252.  Brooks  v.  Hays,  24  Md.  507.  Connaugh- 
toii  z'.  Bernard,  84  Md.  595. 


1898,  ch.  327. 

)ecree  en-  §73 la.  If,  upon  a Sale  of  the  whole  mortgaged  property 
SortgaloT.^^by  virtue  of  a decree  passed  under  an  assent  to  the  passing 
of  a decree  contained  in  the  mortgage  under  the  provisions 
of  section  720  of  this  Article,  the  net  proceeds  of  sale,  after 
the  cost  and  expenses  allowed  by  the  court  are  satisfied,  shall 
not  suffice  to  pay  the  mortgage  debt  and  accrued  interest. 


Mortgagor.  Effect  of  death  of  on  power  to  sell. — Berry  v.  Skinner, 
30  Md.  567. 

Notice.  Requisites  of  Valid  Notice  of  Sale.  White  v.  Malcolm,  15 
Md.  529.  Dircks  v.  Logsdon,  59  Md.  173.  Carroll  v.  Hutton,  91  Md. 
379.  Errors  in  Notice.— White  z-.  McClellan,  62  Md.  347. 

Power  to  Sell.  The  power  to  sell  is  a power  coupled  with  an  inter- 
est.— Berry  v.  Skinner,  30  Md.  567.  Dill  v.  Satterfield,  34  Md.  52.  Har- 
nickell  v.  Orndorff,  35  Md.  541.  W.  M.  R.  R.  Co.  v.  Goodwin,  77  Md. 
271.  And  as  such  is  assignable. — Russum  v.  Wauser,  53  Md.  92. 
Bouldin  v.  Reynolds,  58  Md.  491;  Erb  v.  Grimes,  94  Md.  92.  Is  a 
power  coupled  with  an  interest  when  conferred  on  the  mortgagee.  — W. 
M.  R.  R.  Co.,  V.  Goodwin,  77  Md.  271.  A^id  not  when  conferred  on  a 
third  party  who  has  no  interest  in  the  estate  and,  does  not  pass  to  his 
personal  representatives. — Barrick  v.  Horner,  78  Md.  253. 

Wher'e  an  Assigmnent  is  Made  for  the  purpose  of  foreclosure  only, 
the  power  to  sell  is  not  a power  coupled  with  an  interest  and  does  not 
pass  to  the  personal  representatives  of  the  assignee,  nor  can  latter  exer- 
cise same.  — Tajdor  v.  Carroll,  89  Md.  32. 

The  Mortgagee' s Power  of  sale  is  not  affected  by  an  order  of  the 
Orphans’  Court  directing  the  mortgagor’s  executor  to  sell  the  mortgaged 
premises. — Mish  v.  Lechlider,  89  Md.  275. 


MORTGAGES — DECREE  AGAINST  MORTGAGOR. 


441 


as  the  same  shall  be  found  and  determined  by  the  judgment 
of  the  court  upon  the  report  of  the  auditor  thereof,  the 
court  may,  upon  the  motion  of  the  plaintiff,  the  mortgagee 
or  his  legal  or  equitable  assignee,  after  due  notice,  by 
summons  or  otherwise,  as  the  court  may  direct,  enter  a 
decree  in  personam  against  the  mortgagor  or  other  party 
to  the  suit  or  proceeding,  who  is  liable  for  the  payment 
thereof,  for  the  amount  of  such  deficiency;  provided  the 
mortgagee  or  his  legal  or  equitable  assignee  would  be 
entitled  to  maintain  an  action  at  law  upon  the  covenants 
contained  in  the  mortgage  for  said  residue  of  said  mortgage 
debt  so  remaining  unpaid  and  unsatisfied  by  the  proceeds 
of  such  sale  or  sales;  which  decree  shall  have  the  same 
effect  and  be  a lien  as  in  a case  of  a judgment  at  law,  and 
may  be  enforced  in  like  manner  by  a writ  of  execution  in 
the  nature  of  a writ  of  fieri  facias  by  attachment  or  other- 
wise. 


Tfiough  not  Exercisable  by  a corporation  as  assignee,  a power  of  sale 
may  be  exercised  by  the  assignee  of  such  corporation. — Maslin  v.  Mar- 
shall, 94  Md.  430. 

Ratification  of  Sale.  Grounds#  for  objection  to  ratification  of  sale 
under  power  to  sell. — Hubbard  v.  Jarrell,  23  Md.  66. 

Sales.  A sale  for  cash  where  terms  of  sale  are  not  stated  in  mortgage 
is  valid. — Powell  v.  Hopkins,  38  Md.  1.  When  a sale  hi  solido  will  be 
set  aside. — Patterson  v.  Miller,  52  Md.  388.  A power  to  sell  property 
outside  of  the  county  in  which  it  lies  cannot  be  given  in  a mortgage. — 
Webb  V.  Haeffer,  53  Md.  187.  No  order  oj  Orphans'  Courtis  required 
in  sales  of  mortgaged  property  by  executors  of  assignee  of  mortgage. — 
Chilton  V.  Brooks,  71  Md.  453.  Sales  where  division  of  land  was  im- 
proper.— Carroll  v.  Hutton,  91  Md.  379.  The  discretion  of  the  trustee 
as  to  the  mode  of  offering  property  for  sale  under  power  to  sell  in  mort- 
gage must  be  properly  exercised. — Thomas  v.  Fewster,  95  Md.  450. 
When  sale  will  be  set  aside. — Kauffman  v.  Walker,  9 Md.  229.  Only 
sujfictent  property  should  be  offered  for  sale  to  pay  the  mortgage  debt 
and  expenses  when  the  property  is  divi.sible  in  a practical  manner. — 
Mays  V.  Lee,  100  Md.  229.  Sale  by  assignee  of  mortgage  under  power 
of  sale;  duty  of  such  assignee. — Wicks  v.  Westcott,  59  Md.  270. 

Trustee.  A trustee  cannot  purchase  at  his  own  sale. — Korns  v.  Shaf- 
fer, 27  Md,  83.  Duty  of  trustee  under  power  to  sell  to  all  parties. — 
Dickerson  v.  Small,  64  Md.  395.  Carroll  v.  Hutton,  88  Md.  679.  For 
a full  discussion  of  duties  of  trustee  in  relation  to  sales  of  mortgaged 
droperty  under  power  of  sale.  See,  Wicks  v.  Westcott,  59  Md.  270. 


442 


MISCELI.ANKOUS  LOCAE  EAWS. 


1864,  cli.  124.  P.  L.  L.,  (1888)  Art.  4,  Sec.  704. 

^??iSons°722-^  The  provisions  of  sections  722  to  729,  inclusive,  of 

729tosec.73i.  ^]^jg  Articlo,  shull  apply  to  all  the  proceedings  under  sec- 
tion 731. 


NOTARIES  PUBLIC.* 

1801,  ch.  86,  Sec,  2.  1872,  ch.  191.  1880,  ch.  21.  1886,  ch.  14.  1890, 

cb.  71.  1892,  ch.373.  1896,  ch.  137.  1898,  ch.  81.  1898,  ch.  123. 

1900,  ch.  150.  1902,  ch.  112.  1902,  ch.  321.  1904,  ch.  15. 

P.  G.  E.,  (1860)  Art.  67,  Sec.  1.  P.  L.  L.,  (1888) 

Art.  4,  Secs.  704A,  704A  1-2. 

Number  of  No-  733.  The  Governor,  by  and  with  the  consent  of  the 
Governor  Senate,  shall  appoint  and  commission  twenty  Notaries 
may  appoint,  each  of  the  Legislative  Districts  of  Baltimore 

City,  and  twenty  Notaries  Public  at  large  for  said  City, 
to  - be  selected  from  such  districts  as  the  Governor  may 
elect  and  determine. 


1904,  ch.  227. 

AdditonaiNo-  733 A.  In  addition  to  the  Notaries  Public  heretofore 

taries  Public 

may  be  ap-  authorized  and  mentioned  in  section  733  of  this  Article  (as 

pointed.  ^ 

repealed  and  re-enacted  by  the  Acts  of  the  General  Assem- 
bly of  1904),  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  and  commission 
twenty-five  additional  Notaries  Public  at  large,  to  be 
selected  from  such  ward  or  wards  as  the  Governor  may 
elect  and  determine. 


1906,  ch.  317,  Sec.  1. 

Appointment  §733 A,  a.  The  Governor,  by  and  with  the  advice  and 

ai  Notaries^”' consent  of  the  Senate,  is  authorized  to  appoint  twenty 
authorized.  Notai'ies  Public  for  Baltimore  City  two  of  whom  may  be 
females,  in  addition  to  the  number  now  authorized  by  law. 


*NoTE. — As  to  how  far  a Notary  Public  may  impeach  his  certificate, 
see,  Central  Bank  v.  Copeland,  18  Md.  305.  Matthews  ‘p.  Dare,  20  Md. 
271.  Highburger  v.  Stiffler,  21  Md.  351.  Nicholson  z>.  Snyder,  97,  Md. 
415. 


OYSTERS  — PARKS  AND  SQUARES. 


443 


1904,  ch.  15. 

734.  No  person  shall  be  eligible  to  the  office  of  Notary  Eligibility  of 

^ ^ . appointees. 

Public  except  a citizen  of  the  United  States  who  has 
resided  in  the  State  for  two  years  previous  to  his  appoint- 
ment ; but  women  otherwise  qualified,  shall  be  eligible  to 
said  office,  provided  the  number  of  said  women  so  appointed 
and  commissioned  shall  not  exceed  ten  in  number. 


OYSTERS. 

1892,  ch.  630.  P.  E.  E.,  (1888)  Art.  4,  Sec.  704B. 

735.  All  oysters  in  the  shell  sold  in  the  City  of 
Baltimore  shall  be  measured  by  a licensed  measurer  ; any  ^mTaYurers, 
person  may  obtain  a license  therefor  from  the  Clerk  of  the 
Court  of  Common  Pleas  by  paying  therefor  the  sum  of  ten 
dollars  and  taking  an  oath  before  said  clerk  for  the  faith- 
ful performance  of  his  duty ; said  license  shall  hold  good 
for  one  year ; a measurer  shall  receive  for  his  services 
one-half  cent  per  bushel,  to  be  paid  equally  by  the  buyer 
and  seller ; any  person  violating  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a misdemeanor,  and  on  con- 
viction, shall  be  fined  not  less  than  twenty  nor  more  than  Penalty, 
fifty  dollars  for  each  offence,  and  imprisoned  until  the  fine 
and  costs  shall  be  paid. 


PARKS  AND  SQUARES.* 

1876,  ch.  344.  P.  E.  E.,  (1888)  Art.  4,  Sec.  712. 

736.  The  Board  of  Park  Commissioners,  for  the  pur- zooiogkai 
pose  specified  in  section  96  of  this  Article,  is  empowered  to  ° 
form  a zoological  collection  within  the.  limits  of  any  of  the 
parks  and  squares  under  its  control. 


*Note. — The  Act  1906,  ch.  58,  authorizes  the  Mayor  and  City  Coun- 
cil of  Baltimore  to  retain  as  a public  reservation  or  park,  the  triangular 
lot  of  ground  at  the  intersection  of  Hopkins  Place  and  Baltimore 
street. 


444 


MISCELLANEOUS  LOCAL  LAWS. 


1876,  ch.  344.  P.  L.  L.,  (1888)  Art.  4,  Sec.  713. 

737.  The  said  Commissioners  are  authorized  to  receive 
subscnpti^ns,  subscriptioRs  of  money  for  the  purpose  of  said  collection 

cates  of  stock  not  to  excccd  in  amount  one  hundred  thousand  dollars,  and 

tor  such  . 

purpose.  to  issuo  Certificates  of  stock  therefor,  in  sums  of  not  less 
than  one  hundred  dollars,  each  bearing  interest  at  the  rate 
of  six  per  cent.,  payable  half-yearly  out  of  the  income  de- 
rived from  said  collection,  which  certificates  shall  be  signed 
by  a member  of  said  Commissioners  appointed  by  them  for 
the  purpose,  and  the  secretary  thereof,  and  have  attached 
thereto  a seal,  which  the  said  Commissioners  are  authorized 
to  adopt  for  the  purpose. 

1876,  ch.  344.  P.  E.  L.,  (1888)  Art.  4,  Sec.  714. 

738.  In  addition  to  the  six  per  cent,  interest  aforesaid, 
each  holder  of  a certificate  shall  be  entitled  to  receive  for 
every  one  hundred  dollars  subscribed  by  him  or  her,  as 
many  free  entrance  tickets  to  the  zoological  collection  as 
the  said  Commissioners  may  deem  proper. 

1886,  ch.  438.  P.  E.  E.,  (1888)  Art.  4,  Sec.  720. 

739.  The  Mayor  and  City  Council  of  Baltimore  are 
authorized  to  issue  bonds  or  certificates  of  indebtedness  of 
said  corporation  to  an  amount  not  exceeding  one  hundred 

^"iruthw^s?ern  thousand  dollars,  to  be  applied  to  the  purchase  of  ground 

part  of  City.  ^Yiq  establishment  of  a park  in  that  portion  of  the 

City  of  Baltimore  lying  west  of  Poppleton  street  and  south 
of  Franklin  street  in  said  City ; which  said  bonds  or  cer- 
tificates of  indebtedness  shall  be  payable  at  such  times  and 
bear  such  rate  of  interest  not  exceeding  three  and  one-half 
per  centum  per  annum,  as  the  said  Mayor  and  City  Council 
shall  provide  by  ordinance  ; provided,  that  the  said  bonds 
Bonds.  or  certificates  of  indebtedness  shall  not  be  issued  unless  the 
ordinance  which  the  Mayor  and  City  Council  of  Baltimore 
are  authorized  to  enact  for  that  purpose  shall  be  approved 
by  a majority  of  the  votes  of  the  legal  voters  of  said  City, 
cast  at  the  time  and  places  to  be  designated  by  said  ordi- 
nance, in  the  provision  for  submitting  the  same  to  the  legal 


PARKS  AND  SQUARES — PARK  LOAN. 


445 


voters  of  said  City,  as  required  by  section  7,  Article  XI,  of 
the  Constitution  of  Maryland  ; provided,  however,  that  the 
said  bonds  or  certificates  of  indebtedness  shall  not  be  sold 
for  less  than  par  ; and  the  said  Mayor  and  City  Council  of 
Baltimore  are  authorized  to  provide  by  ordinance  for  the 
laying  of  such  an  annual  tax  as  shall  be  sufficient  to  pay  interest, 
the  interest  on  said  bonds  or  certificates  of  indebtedness, 
and  provide  a sinking  fund  for  their  redemption  at  maturity. 


1904,  ch.  42. 

§739a.  From  and  after  the  date  of  the  passage  of  this 
Act  no  building,  except  churches,  shall  be  erected  or  buifdi?g^ 
altered  in  the  City  of  Baltimore  on  the  territory  bounded  waSiSgton 
by  the  south  side  of  Madison  street,  the  west  side  of  St.  Monument. 
Paul  street,  the  north  side  of  Centre  street,  and  the  east 
side  of  Cathedral  street,  to  exceed  in  height  a point 
seventy  feet  above  the  surface  of  the  street  at  the  base 
line  of  the  Washington  Monument. 

Park  Improvement  Loan.  * 

1904,  ch.  338. 

§739b.  The  Mayor  and  City  Council  of  Baltimore  is 
hereby  authorized  to  issue  its  stock  to  an  amount  not 
exceeding  one  million  dollars,  said  stock  to  be  issued  from 
time  to  time  as  the  Mayor  and  City  Council  of  Baltimore 
shall  by  ordinance  prescribe,  and  to  be  issued  for  such 
amounts  and  to  be  payable  at  such  time  and  to  bear  such 
rate  of  interest  as  the  Mayor  and  City  Council  of  Baltimore 
shall  by  ordinance  provide  ; and  the  proceeds  thereof  to  be 
used  for  the  extension  of  the  present  park  system  of  the  issue  stock 
City  of  Baltimore,  and  for  the  development  and  improve-  ofB^uiwJ’s 
ment  for  park  purposes  of  the  lands  over  which  it  shall  be  system 
so  extended,  in  such  manner  as  the  Mayor  and  City 
Council  of  Baltimore,  shall  by  special  ordinance  or 

*Note. — By  the  Act  1906,  ch.  728,  the  Mayor  and  City  Council  of 
Baltimore  is  authorized  to  issue  $1,000,000  of  city  stock  for  the  purpose 
of  extending  the  Park  system  when  an  ordinance  providing  for  the 
same  shall  be  submitted  to  and  approved  by  the  people. 

The  Act  1904,  ch.  338,  was  approved  by  the  people,  November,  1904. 


446 


MISCKIvIvANEOUS  local  laws. 


ordinances,  or  by  the  annual  Ordinance  of  Estimates,, 
prescribe  ; but  said  stock  shall  not  be  issued  in  whole  or  in 
part  unless  the  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore  providing  for  the  issuance  thereof,  shall  be 
submitted  to  the  legal  voters  of  the  City  of  Baltimore,  at 
such  time  and  place  as  may  be  fixed  by  said  ordinance,  and 
be  approved  by  a majority  of  the  votes  cast  at  such  time 
^ place,  as  required  by  Section  7 of  Article  11  of  the 

of  its  citizens.  Constitution  of  Maryland. 


1904,  ch.  338. 

§739c.  The  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  agency  of  the  Board  of  Park 
Power  to  ac-  Commissionors,  may  acquire  by  gift,  purchase,  lease, 
tyhy  whatever  the  duration  of  the  lease,  or  other  like  methods 
purchase,  acquisition  or  by  condemnation,  any  land  situate  wholly 
or  partly  within  the  City  of  Baltimore,  or  within  the 
counties  of  Baltimore,  Anne  Arundel,  and  Howard,  or  any 
interest,  franchise,  easement,  right  or  privilege  therein, 
which  may  be  required  for  the  purpose  of  extending  said 
park  system,  as  aforesaid,  or  any  part  or  parts  thereof, 
and  when  and  so  often  as  resort  shall  be  had  to  condem- 
nation proceedings,  the  procedure  shall  be  that  marked  out 
by  Sections  360  to  365  inclusive,  of  Article  23  of  the  Code 
of  Public  General  Laws  of  Maryland,  relating  to  condem- 
nation of  property  by  corporations,  or  so  far  as  the  acquisi- 
tion by  condemnation  of  any  such  lands  situate  wholly  or 
partly  within  the  City  of  Baltimore,  or  any  interest, 
franchise,  easement,  right  or  privilege  therein  is  con- 
cerned, may,  in  such  case  or  cases,  at  the  option  , of  the 
Board  of  Park  Commissioners,  be  such  as  may  nov/  or  at 
any  time  hereafter  provided  for  by  any  lawful  ordinance 
or  ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
adopted  pursuant  to  the  powers  conferred  upon  it  by 
Section  6 of  this  Article,  title  ‘‘General  Powers, sub-title, 
“Condemnation  of  Property,  for  the  condemnation  of  any 
land  or  property  or  interest  therein  situated  wholly  or 
partly  within  the  City  of  Baltimore,  or  such  as  may  be 
provided  for  the  very  purpose  by  any  lawful  ordinance  or 


PARKS  AND  SQUARES — PARK  ROAN. 


447 


ordinances  of  the  Mayor  and  City  Council  of,  Baltimore 
which  said  ordinance  or  ordinances  the  said  Mayor  and 
City  Council  of  Baltimore  is  hereby  fully  authorized  to 
adopt ; provided,  provision  is  made  therein  for  reasonable 
notice  to  the  owner  or  owners,  and  for  appeals  to  the 
Baltimore  City  Court  by  any  person  interested,  including  \SLrested 
the  Mayor  and  City  Council  of  Baltimore,  from  the  parties, 
decision  of  any  Commissioners  or  other  persons  appointed 
to  value  any  such  land  or  interest,  franchise,  easement, 
right  or  privilege  therein. 


1904.  cli.  338. 

§739d.  In  developing  and  improving  any  land  acquired 
as  aforesaid  for  park  purposes,  the  Mayor  and  City  Council  restdcuon. 
of  Baltimore  shall  be  free  from  the  restrictions  created  by 
Chapter  453  of  the  Acts  of  the  General  Assembly  of  Mary- 
land, approved  April  8,  1902.  * 


1904,  ch.  338. 

§739e.  The  interest  on  the  loan  authorized  by  this  Act, 
and  the  sinking  fund  for  the  redemption  of  the  said  loan, 
shall  be  taken  out  of  the  receipts  from  the  park  tax  on  the 
street  railway  companies  of  Baltimore  City,  and  not  from 
the  proceeds  of  the  general  tax  levy. 


1904,  ch.  338. 

§739f.  The  Mayor  and  City  Council  of  Baltimore  are to expend 
hereby  authorized  and  empowered  to  expend  equally  the 
proceeds  of  the  loan  authorized  by  this  Act  in  the  acquisi- 
tion of  land  in  the  four  section  of  the  city  and  suburbs 
indicated  by  the  intersection  of  Charles  and  Baltimore 
streets.  * 

*Note. — The  Act  of  1902,  ch.  453  re-enacted  section  840  of  the  City 
Charter.  See  post,  page . 


*Note. — This  loan  was  approved  by  the  people  at  the  election, 
November  7,  1905.  See  omnibtis  ordinance,  post.  Art.  34,  page  — . 


448 


MISCELIvANBOUS  BOCAE  BAWS. 


Appointment. 


Term. 


Salary. 


Successors. 


Bond. 


POLICE  COMMISSIONERS. 

Organization  of  Force. 

P.  B.  L.,  (1860)  Art.  4,  Sec.  806.  1860,  ch.  7 1867,  ch.  367.  1874,  ch. 

2.  1900,  ch.  15.  P.  B.  B.,  (1888)  Art.  4,  Sec.  722. 

740.  There  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  three  sober  and 
discreet  persons,  who  shall  have  been  registered  voters  in 
the  City  of  Baltimore  for  three  consecutive  years  next  preced- 
ing the  day  of  their  appointment,  who  shall  be  known  as  the 
Board  of  Police  Commissioners  for  the  City  of  Baltimore  ; 
two  of  said  Commissioners  shall  always  be  adherents  of  the 
two  leading  political  parties  in  the  State,  one  of  each  of  said 
parties.  Any  of  said  Commissioners  shall  be  subject  to 
removal  by  the  Governor  for  official  misconduct  or  incom- 
petency, in  the  manner  provided  by  law  in  the  case  of  other 
civil  officers.  Each  of  said  commissioners  shall  be  appointed 
for  two  years,  and  their  term  of  office  shall  commence  on 
the  first  Monday  of  May  next  ensuing  their  appointment, 
and  they  shall  hold  office  until  their  respective  successors 
are  appointed  and  qualified ; each  of  said  commissioners 
shall  receive  a salary  of  twenty-five  hundred  dollars  per 
annum,  payable  quarterly.  None  of  said  commissioners 
shall  be  eligible  to  an  elective  or  appointed  office  during 
the  term  for  which  he  was  apppointed,  except  under  the 
militia  laws  of  the  State,  or  where  the  qualifications  for 
such  office  are  prescribed  by  the  Constitution.  As  the 
term  of  office  of  any  commissioners  shall  expire,  as  desig- 
nated above,  his  successor  shall  be  appointed  for  two  years, 
subject  to  the  foregoing  provisions  and  limitations.  Before 
entering  upon  the  duties  of  his  office,  each  commissioner 
shall  enter  into  bond  to  the  State  of  Maryland,  with  one  or 
more  sureties,  in  the  penalty  of  ten  thousand  dollars,  con- 
ditioned for  the  faithful  discharge  of  his  duties  as  such 
commissioner  ; said  bond  to  be  approved  by  the  Judge  of 
the  Superior  Court  of  the  City  of  Baltimore,  and  to  be  kept 
and  recorded  by  the  clerk  of  said  court,  in  the  office  thereof, 
together  with  the  certificate  of  appointment  as  aforesaid, 
and  shall  also  take  and  subscribe  before  the  said  Judge  of 


POLICE  COMMISSIONERS — ORGANIZATION  OF  BOARD. 


449 


the  Superior  Court,  or  the  clerk  thereof,  the  oath  or  affir-®^^^- 
mation  prescribed  by  the  sixth  section  of  the  first  Article 
of  the  Constitution,  and  the  further  oath  or  affirmation, 
that  in  every  appointment,  promotion,  reduction  in  rank  or 
removal  to  be  made  by  them,  to,  in  or  from  the  police 
force  created  and  organized  under  this  subdivision  of  this 
Article,  they  will  in  no  case,  and  under  no  pretext,  appoint, 
promote,  reduce  in  rank  or  remove  any  policeman  or  officer 
of  police,  or  detective,  or  any  other  person  under  them,  for 
or  on  account  of  the  political  opinions  or  affiliations  of  such 
policeman,  officer,  detective  or  other  person  or  for  any 
other  cause  or  reason  than  the  fitness  or  unfitness  of  such 
person,  in  the  best  judgment  of  said  commissioners,  for 
the  place  to  which  he  shall  be  appointed,  or  from  which  he 
shall  be  removed,  and  the  said  oath  or  affirmation  shall  be  Recording 
recorded  and  preserved  among  the  records  of  said  court. 

Ma}’or  and  C.  C.  of  Balto.,  v.  State,  15  Md.  376.  Mayor,  etc.,  v. 

Howard,  20  Md.  335.  Altvater  v.  Mayor,  31  Md.  462.  Keyser  v. 

Upshur,  92  Md.  728. 


1867,  ch.  367.  1900,  ch.  15.  P.  L.  L.,  (1888)  Art.  4,  Sec.  723. 

741.  The  Board  of  Police  Commissioners,  on  entering  officers  of 
upon  their  duties  as  such,  shall  select  one  of  their  number 
who  shall  be  the  president,  and  one  of  their  number  who 
shall  be  the  treasurer  thereof  ; all  votes  on  appointments 
into  the  Police  force,  and  on  promotions,  reductions  in  rank 
therein,  and  dismissals  of  officers  therefrom,  and  all  votes 
awarding  contracts  or  for  the  expenditures  of  any  money 
shall  be  by  a yea  and  nay  vote,  which  shall  be  plainly  re- 
corded in  the  minute  book  of  The  Board  of  Police  commis-  votes  to  be 
sioners,  showing  how  each  member  of  the  Board  has  voted 
on  each  of  said  questions.  This  minute  book  shall  at  all 
times  be  open  under  reasonable  regulations  to  the  inspec- 
tion of  the  public.  In  case  of  the  death,  resignation, 
removal  or  disqualification  of  any  commissioner,  the 
Governor  shall  appoint  a successor  for  the  remainder  of  the 
term  so  vacated,  subject  to  the  provisions  of  the  foregoing 
section,  and  of  the  Constitution  of  the  State ; provided, 


450 


MISCEIvIvANKOUS  LOCAL  LAWS. 


Secretary. 


Duties. 


Bond. 


Salary. 


Assistant 

Secretary. 


Salary. 


that  the  present  Board  of  Police  Commissioners  shall  con- 
tinue in  office  until  the  first  Monday  in  May,  nineteen 
hundred,  with  the  right  of  removal,  and  to  fill  vacancies 
on  the  part  of  the  Governor  as  provided  by  law. 

Keyser  v.  Upshur,  92,  Md.  728,  739. 


1884,  ch.  176.  P.  L.  L.,  (1888)  Art.  4,  Sec.  724.  1906,  ch.  129. 

742.  The  said  Board  of  Police  Commissioners  shall 
select  some  suitable  person  to  act  as  Secretary  to  the  Board, 
whose  duty  it  shall  be  to  keep  minutes  of  the  proceedings 
of  the  Board,  take  charge  by  the  direction  of  the  Board  of 
all  property  seized  or  found  by  the  police  or  detectives, 
and  to  perform  all  clerical  and  proper  duties  required  of 
him  by  said  Board ; and  it  shall  be  the  further  duty  of 
said  secretary  to  prepare  forms  of  all  poll  books  and  elec- 
tion returns,  warrants  of  arrests  and  commitments  to  be 
used  by  Judges  of  election  for  all  elections  held  in  Baltimore 
City,  to  superintend  carefully  the  printing  thereof  and  to 
perform  all  other  clerical  duties  devolved  upon  said  Board 
by  law  in  connection  with  all  elections  held  in  said  City,  as 
may  be  required  of  him  by  said  Board ; said  Secretary 
shall  enter  into  bond  to  the  State  of  Maryland  in  the  same 
manner  as  is  by  law  prescribed  for  said  Commissioners  in 
the  sum  of  $5000.00,  conditioned  for  the  faithful  discharge 
of  his  duties  aforesaid  and  the  safe  keeping  of  all  proper- 
ty placed  in  his  hands  as  aforesaid  and  shall  receive  the 
salary  of  twenty  one  hundred  and  fifty  dollars  per  annum 
payable  monthly. 


P.  L.  U.,  (1888)  Art.  4,  Sec.  724A.  1892,  ch.  549.  1906,  ch.  129. 

743.  The  Board  of  Police  Commissioners  are  hereby 
authorized  to  employ  an  additional  officer  to  be  known  as 
assistant  secretary  to  the  board,  whose  salary  shall  be 
thirteen  hundred  and  fifty  dollars  per  annum  payable 
monthly. 


POLICE  COMMISSIONERS  — DUTIES  AND  POWERS. 


451 


P.  L.  Iv.,  (1860)  Art.  4.  Sec.  808.  1860,  ch.  7.  1867,  ch.  367. 

1890,. ch.  574,  P.  L.  L.,  (1888)  Art.  4,  Sec.  725. 

744.  The  duties  of  the  Board  of  Police  Commissioners 
hereby  created  shall  be  as  follows  : They  shall  at  all  times 
of  the  day  and  night,  within  the  boundaries  of  the  City  of  ^BoSd.^ 
Baltimore,  as  well  on  the  water  as  on  the  land,  preserve 
the  public  peace,  prevent  crime  and  arrest  offenders, 
protect  the  rights  of  persons  and  property,  guard  the^  the  peace,  etc. 
public  health,  preserve  order  at  primary  meetings  and 
elections,  and  at  all  public  meetings  and  conventions  and 
on  all  public  occasions  and  places,  prevent  and  remove 
nuisances  in  all  the  streets  and  highways,  waters  and 
water-courses,  and  all  other  places,  provide  a proper  police 
force  at  every  fire  for  the  protection  of  firemen  and  Fires,  etc. 
property,  protect  strangers,  emigrants  and  travelers  at  all 
steamboat,  ferry-boat  and  ship  landings  and  railway 
stations,  see  that  all  laws  relating  to  elections,  and  to  the 
observance  of  Sunday,  and  regarding  pawnbrokers, 
gambling,  intemperance,  lotteries  and  lottery  policies, 
vagrants,  disorderly  persons  and  the  public  health  are 
enforced,  and  also  to  enforce  all  laws,  ordinances  of  the  To^e^force 
Mayor  and  City  Council  of  Baltimore,  not  inconsistent  with  ordinances, 
the  provisions  of  this  sub-division  of  this  Article,  or  of  any 
law  of  the  State  which  may  be  properly  enforceable  by  a 
police  force ; and  in  case  the  said  Board  of  Police  Com- 
missioners shall  have  reason  to  believe  that  any  person 
within  the  limits  of  the  City  of  Baltimore  intends  leaving 
the  City  for  the  purpose  of  committing  any  breach  of  the 
peace,  or  of  violating  any  law  of  the  State  beyond  the  Breach  of 
limits  of  the  City,  upon  the  Chesapeake  bay  or  on  any 
river,  creek,  inlet,  water-course,  or  at  any  other  place  on 
land  or  water  within  the  State  of  Maryland,  it  shall  be  the 
duty  of  the  said  Board  of  Police  Commissioners  to  cause 
such  person  to  be  followed,  and  to  take  the  most  effectual 
means  for  the  suppression  and  prevention  of  such  outrage, 
when  any  such  shall  be  attempted,  and  to  cause  the  arrest 
of  all  such  offenders;  provided,  however,  that  if  any 
crime  be  actually  committed  by  such  person,  the  offender 
shall  be  delivered  to  the  proper  jurisdiction  for  trial  and 
punishment ; any  person  charged  with  the  commission  of 


452 


MISCEIvLANKOUS  EOCAL  LAWS. 


crime  in  the  City  of  Baltimore  and  against  whom  criminal 
process  shall  have  issued,  may  be  arrested  upon  the  same 
in  any  part  of  the  State  by  the  police  force  created  under 
this  sub-division  of  this  Article,  under  such  rules  and 
regulations  as  the  Board  of  Police  Commissioners  may 
adopt ; and  the  said  Board  shall  have  power  to  summon 
witnesses  before  it  and  to  administer  oaths  or  affirmations 
to  such  witnesses  whenever,  in  the  judgment  of  the  said 
Board,  it  may  be  necessary  for  the  effectual  discharge  of 
their  duties  under  this  sub-division  of  this  Article ; and 
any  person  failing  to  appear  in  answer  to  said  summons, 
or  refusing  to  testify,  shall  be  subject  to  a penalty  of  not 
less  than  twenty-five  nor  more  than  fifty  dollars,  to  be 
recovered  by  civil  action  in  the  name  of  the  State,  to  the 
use  of  the  said  Board,  or  by  indictment  in  the  Criminal 
Court  of  Baltimore  ; false  swearing  on  the  part  of  any 
such  witness  shall  be  deemed  perjury,  and  shall  be 
punished  as  such. 

Altvater  v.  Mayor,  31  Md.  462,  Mitchell  v.  Lemon,  34  Md,  176. 
Flynn  v.  Canton  Co.,  40  Md.  312.  Roddy  v.  Finnegan,  43  Md.  492. 
State  V.  Strauss,  49  Md.  288.  Brotherton  v.  Board  of  Police  Commis- 
sioners, 49  Md.  495.  Sinclair  v.  Baltimore,  59  Md.  597.  Police  Com- 
missioners, Baltimore  City,  v.  Wagner,  93  Md.  192,  Upshur  v.  Mayor, 
etc.,  94  Md.  743.  Upshur  v.  Ward,  94  Md.  778,  Wagner  v.  Upshur, 
95  Md.  519.  State  v.  Hymen,  98  Md.  621  (approving  Baltimore  City  v. 
Wagner,  93  Md.  192). 


P.  L.  L.,  (I860)  Art.  4,  Sec.  809.  1886,  ch.  186.  1888,  ch.  500.  1888,  ch.  98, 
Sec.  24.  1888,  ch.  303.  1890,  ch.  124.  1894,  ch.  240.  1900,  ch. 

425.  P.  L.  L.,  (1888)  Art.  4,  Sec.  726.  1906,  ch.  129. 

746.  The  said  Board  of  Police  Commissioners  are 
® arm, authorized,  and  required,  immediately  on  entering  on 
pSilce  for?e^  their  duties  of  their  office  to  appoint,  enroll  and  employ  a 
permanent  police  force  for  the  City  of  Baltimore,  which 
they  shall  arm  and  equip  as  they  may  judge  necessary, 
under  such  rules  and  regulations  as  they  may  from  time  to 
time  prescribe,  and  the  said  Board  shall  have  the  power  to 
remove  any  police  officer  or  officer  of  police  or  any  detec- 
tive, for  the  violation  of  any  rule  or  regulation  which  they 
may  make  and  promulgate  to  said  police  force,  officers  of 


POLICE  COMMISSIONERS— FORCE  OF  POLICE. 


453 


police,  or  any  detective  ; said  police  force  shall  consist  of 
one  Marshal  and  one  Deputy  Marshal  of  Police  of  the 
City,  one  Captain,  two  round  sergeants,  two  turnkeys, 
(who  shall  have  the  rank  of  patrolman)  and  one  clerk  at 
each  station  house,  which  said  clerk  shall  receive  the 
salary  of  twenty  dollars  per  week ; one  Captain  Commander 
who  shall  be  assigned  to  the  management  and  command  of 
the  police  patrol  boat  provided  for  in  Section  778  of  this 
Article,  twenty-one  Lieutenants,  two  of  whom  shall  be 
assigned  to  each  station  house ; one  of  whom  shall  be 
assigned  to  the  said  police  patrol  boat  and  who  shall  be 
styled  First  Officer,  one  of  whom  shall  have  the  charge  of 
the  mounted  force  and  the  horses,  wagons,  and  stables ; 
one  of  whom  shall  be  the  superintendent  of  the  Police 
Signal  and  Telephone  Service,  one  of  whom  shall  be  assigned 
to  duty  in  connection  with  the  Bureau  of  Identification, 
and  one  of  whom  shall  be  assigned  to  night  duty  at  Police 
Headquarters ; one  captain  of  detectives  ; detectives  not 
exceeding  twenty-five,  who  shall  not  be  allowed  to  follow 
any  business  or  profession,  but  who  shall  devote  their 
entire  time  to  the  discharge  of  their  duties  as  detectives  ; 
such  number  of  sergeants  as  the  Board  in  their  judgment 
may  deem  necessary  for  each  police  district  in  said  City  ; 
one  additional  round-sergeant  who  shall  be  assigned  as 
assistant  to  the  superintendent  of  the  police  signal  and 
telephone  service  ; seven  hundred  and  twenty-five  patrol- 
men, and  fifty  probationers.  The  said  police  force  may  be 
increased  at  any  time  if  in  the  opinion  of  the  Board  the 
public  peace  shall  so  require,  to  any  number  and  for  such 
periods  of  time  as  they  may  think  proper  by  the  appoint- 
ment of  Special  Policemen,  who  shall  receive  the  sum  of 
$2.50  per  day  for  their  services.  The  members  of  the  pay. 
police  force  shall  receive  the  following  salaries,  payable 
every  two  weeks  : The  Marshal  receive  twenty-six  hun- 
dred and  fifty  dollars  per  annum ; the  Deputy  Marshal 
twenty-one  hundred  and  fifty  dollars  per  annum  ; each 
Captain,  including  the  Captain  of  Detectives  and  Captain 
Commander  shall  receive  thirty-two  dollars  per  week  ; each 
Lieutenant  twenty-seven  dollars  per  week,  each  round 
sergeant  and  detective  twenty-five  dollars  per  week ; each 


454 


MISCKLIvANEOUS  EOCAE  EAWS. 


sergeant  twenty-two  dollars  per  week ; each  patrolman 
and  turnkey  twenty  dollars  per  week,  and  each  probationer 
^ virions  dollars  per  week.  Nothing  herein  contained  shall 

construed  in  any  manner  changing  or  altering  the 
force.  method  of  making  appointments  to  promotions  in,  or  re- 
movals from  the  police  force  as  prescribed  in  Chapter  16 
of  the  Acts  of  1900,  but  said  police  force  shall  be  regulated 
and  managed  in  all  respects  in  accordance  with  said  Chap- 
ter 16  of  said  Acts  of  1900 ; and  provided  further,  that 
nothing  herein  contained  shall  be  construed  to  legislate  out 
of  office  any  police  officer,  detective  or  officer  of  police  now 
in  the  force,  or  any  employee  of  the  Board  of  Police  Com- 
missioners. 

Keyser  v.  Upshur,  92  Md.  726.  Upshur  z/.  Ward,  94  Md.  778.  Upshur 
V.  Hamilton,  95  Md.  566.  Cf.^  Baltimore  v.  Poultney,  25  Md.  32. 


1900,  ch.  16.  1902,  ch.  591. 

Police  Exami-  745 A.  There  shall  be  appointed  by  the  Governor,  by 

ners  appoint- advico  of  the  Senate,  three  sober  and  discreet 
persons,  who  shall  be  registered  voters  of  the  City  of 
Baltimore,  for  three  consecutive  years  next  preceding 
the  day  of  their  appointment,  who  shall  be  known  as  the 
Board  of  Police  Examiners  of  Baltimore  City.  Two  of  said 
examiners  shall  be  adherents  of  the  two  leading  parties  in 
the  State,  one  of  each  of  said  parties.  Any  of  said  Board 
of  Police  Examiners  shall  be  subject  to  removal  by  the 
Governor  for  official  misconduct  or  incompetency,  in  the 
manner  provided  by  law  in  case  of  other  civil  officers. 
Each  of  said  Board  of  Police  Examiners  shall  be  appointed 
for  two  years,  and  they  shall  hold  office  until  their  respec- 
tive successors  are  appointed  and  qualified.  Each  of  said 
Board  of  Police  Examiners  shall  receive  a salary  of  one 
iSd  thousand  two  hundred  dollars  per  annum,  payable  monthly. 
TminerS''’  Nono  of  Said  Board  of  Police  Examiners  shall  be  eligible  to 
an  elective  or  appointive  office,  except  under  the  militia 
laws  of  the  State;  as  the  term  of  any  examiner  shall  expire 
as  designated  above,  his  successor  shall  be  appointed  for 
two  years,  subject  to  the  foregoing  provisions  and  limita- 
tions. Before  entering  upon  the  duties  of  his  office,  each 


POLICE  COMMISSIONERS — BOARD  OF  POLICE  EXAMINERS.  455 

member  of  said  Board  of  Police  Examiners  shall  take  and 
subscribe  before  the  Judge  of  the  Supreme  Court  of  the 
City  of  Baltimore,  or  the  Clerk  thereof,  the  oath  or  affirm- 
ation prescribed  by  the  sixth  section  of  the  first  article  of 
the  Constitution,  and  the  further  oath  or  affirmation  that  °take°.^^ 
in  every  nomination  to  the  Board  of  Police  Commissioners 
for  Baltimore  City  of  any  person  for  appointment  as  Police 
Officer,  Officer  of  Police  or  Detective,  for  promotion,  they 
shall  in  no  case  and  under  no  pretext  make  such  nomination 
for  or  on  account  of  the  religion  or  political  opinions  or  affilia- 
tions of  the  person  nominated  by  them,  or  for  any  other 
cause  or  reason  than  the  fitness  of  such  person  in  the  best 
judgment  of  said  Board  of  Police  Examiners  for  the  place  to 
which  he  shall  be  nominated  ; and  said  oath  or  affirmation 
shall  be  recorded  and  preserved  among  the  records  of  said 
Court. 

Keyser  v.  Upshur,  92  Md.  728,  Upshur  v.  Ward,  94  Md.  778.  Upshur 
V.  Hamilton,  65  Md.  561.  * 

1900,  ch.  16. 

745B.  The  said  Board  of  Police  Examiners  may  elects, 

. Election  of 

one  of  its  members  to  be  president,  and  may  employ  a officers  and 
secretary,  who  shall  hold  office  during  the  pleasure  of  the  tion. 
Board.  The  secretary  shall  receive  a salary  of  $1,200  per 
annum,  payable  monthly,  and  his  duties  shall  be  such  as 
may  be  prescribed  from  time  to  time  by  said  Board  of 
Police  Examiners. 

*Keyser  v.  Upshur,  92  Md.  726. 

1900,  ch.  16. 

745C.  It  shall  be  the  duty  of  the  Mayor  and  City 
Council  of  Baltimore  to  cause  suitable  rooms  and  acommo-  tions. 
dations  to  be  assigned  and  provided,  and  to  be  furnished, 
heated  and  lighted,  in  the  City  of  Baltimore  for  carrying 
on  the  work  and  examination  of  the  said  Board  of  Police 
Examiners  ; and  said  Board  may  order  the  necessary 
stationery,  postage  stamps,  official  seals  and  other  articles 
to  be  supplied,  and  the  necessary  printing  to  be  done  for 
its  official  use. 


‘Keyser  v.  Upshur,  92  Md.  726. 


456 


MISCEIvIvANEOUS  EOCAE  EAWS. 


Rules  and 
regulations. 


Examiners  to 
report  names 
of  candidates 
for  appoint- 
ment to 
Police  Force 
to  Board  of 
Police  Com- 
missioners, 
by  graded 
lists. 


Competitive  ex- 
amination 
for  candi- 
dates. 


Character  of 
such  exami- 
nation. 


Eists  to  be  open 
to  inspection 
of  public. 


1900,  ch.  16. 

745 D.  It  shall  be  the  duty  of  the  said  Board  of  Police 
Examiners,  and  they  are  hereby  authorized  and  empowered 
to  prescribe,  amend  and  enforce,  definite  and  uniform 
rules  and  regulations  for  carrying  this  Act  into  effect, 
which  rules  and  regulations,  when  adopted  and  promul- 
gated, shall  have  the  effect  of  law,  and  to  ascertain  the 
qualifications  by  competitive  examination  of  every  candi- 
date for  appointment  to  or  promotion  in  the  Police  force, 
created  and  organized  under  existing  law  for  the  City  of 
Baltimore  except  the  marshal  of  police  and  captain  of 
detectives,  counsel  and  police  surgeons,  and  to  report  to 
the  Board  of  Police  Commissioners  for  the  City  of  Baltimore 
graded  lists  of  those  persons  whom  they  may  deem  quali- 
fied for  such  appointment  or  promotion,  from  which  graded 
lists  all  nominations  for  appointments  to  or  promotion  in 
said  police  force  shall  hereafter  be  made  by  said  Board  of 
Police  Commissioners  for  the  City  of  Baltimore.  All  such 
nominations  for  appointment  to  or  promotion  in  said  police 
force,  shall  be  made  in  the  order  in  which  the  names  of 
the  nominees  appear  upon  such  graded  lists.  In  the  prep- 
aration of  the  graded  lists,  the  said  Board  of  Police  Exami- 
ners shall  ascertain  by  open  competitive  examinations 
the  relative  qualifications  of  the  respective  candidates  for 
appointment  or  promotion,  and  shall  place  the  names  of 
the  accepted  candidates  upon  said  graded  lists  in  the 
order  of  their  relative  qualifications,  so  ascertained  by 
such  competitive  examinations.  The  examinations  shall 
be  public  and  practical  in  character,  and  shall  relate  to 
those  matters  which  shall  fairly  test  the  relative  capacity 
and  fitness  of  the  persons  to  discharge  the  duties  of  the 
position  in  the  said  police  force  to  which  they  desire 
appointment  or  in  which  they  seek  promotion,  including 
L their  past  record  on  the  force.  The  graded  lists  shall 
always  be  open  to  the  inspection  of  the  public. 


Keyser  v.  Upshur,  92  Md.  729.  Upshur  v.  Ward,  94  Md.  781. 


POLICE  COMMISSIONERS— APPLICATIONS  FOR  APPOINTMENT. 


457 


1900,  ch.  16. 

745E.  Intending  competitors  for  appointment  to  said 
police  or  for  promotion  therein  shall  file  in  the  office  of  said 
Board  of  Police  Examiners,  a reasonable  length  of  time 
before  the  date  of  any  examination,  a formal  application, 
in  which  the  applicant  shall  state  under  oath  : Applicant’s 

1st.  His  full  name  and  residence.  statement. 

2d.  His  age,  the  place  and  date  of  his  birth. 

3d.  His  health  and  physical  capacity  for  the  position  to 
which  he  aspires. 

4th.  If  an  applicant  for  appointment,  his  business  or 
employment,  and  residence  for  at  least  the  previous  three 
years. 

5th.  Such  other  information  as  may  reasonably  be  re- 
quired touching  the  applicant’s  merit  and  fitness  for  service 
on  or  promotion  in  the  said  police  force. 

Blank  forms  for  such  applications  shall  be  furnished  by 
the  said  Board  of  Police  Examiners,  without  charge,  to  all 
persons  requesting  the  same.  The  applicant  shall  file  with 
the  said  Board  of  Police  Examiners,  in  connection  with  his^^  , 
application,  such  certificates  of  citizens,  physicians,  public  Applicants, 
officers  or  others  having  knowledge  of  the  applicant,  as  the 
good  of  the  service  may  require.  The  said  Board  of  Police 
Examiners  shall  refuse  to  examine  an  applicant,  or  after 
an  examination  to  certify  an  eligible  who  is  found  to  lack 
any  of  the  established  preliminary  requirements  for  the 
examination  or  position  to  which  he  applies  ; or  who  is 
physically  so  disabled  as  to  be  rendered  unfit  for  his  per- 
formance of  the  duties  of  the  position  to  which  he  seeks 
appointment  or  promotion  ; or  who  is  addicted  to  the 
habitual  use  of  intoxicating  beverages  to  excess  ; or  who 
has  been  guilty  of  a crime  or  of  infamous  or  notoriously 
disgraceful  conduct , or  who  has  been  dismissed  from  the 
public  service  for  delinquency  or  misconduct , or  who  has 
intentionally  made  a false  statement  of  any  material  fact, 
or  practiced,  or  attempted  to  practice,  any  deception  or 
fraud  in  his  application,  in  his  examination,  or  in  securing 
his  eligibility  or  appointment. 


Keyser  v.  Upshur,  92  Md.  726.  Upshur  v.  Hamilton,  95  Md.  568. 


458 


MISCELLANEOUS  LOCAL  LAWS. 


Appointment, 
promotion, 
removals,  etc 


Graded  lists. 


Clerk  to 
Marshal. 


1900,  ch.  16. 

745F.  In  the  appointment,  promotion,  reduction  in 
■ rank,  transfer  or  removal  of  any  police  officer  or  officers 
of  police,  or  any  detective  by  the  Board  of  Police  Commis- 
sioners for  the  City  of  Baltimore,  and  in  their  administra- 
tion of  the  Police  Department  of  Baltimore  City,  ecclesi- 
astical and  party  ties  shall  not  be  regarded,  so  that  the 
Police  Department  of  said  City  may  be  entirely  out  of  the 
fields  of  political  and  religious  differences,  controversies 
and  influences.  The  said  Board  of  Police  Commissioners 
for  the  City  of  Baltimore  shall  confirm  or  reject  all  nomi- 
nations for  appointment  or  promotion  of  police  officers, 
officers  of  police  and  detectives  made  to  it,  hereinbefore 
provided  by  the  Board  of  Police  Examiners  of  the  City  of 
Baltimore.  Said  Board  of  Police  Commissioners  shall  not 
confirm  the  nomination  or  make  the  appointment  or  pro- 
motion of  any  police  officer,  officer  of  police  or  detective, 
except  the  marshal  of  police  and  captain  of  detectives, 
counsel  and  surgeons,  whose  name  does  not  appear  upon 
the  graded  lists  to  be  furnished  said  Board  of  Police  Com- 
missioners by  the  said  Board  of  Police  Examiners  for  the 
City  of  Baltimore.  All  police  officers,  officers  of  police  and 
detectives,  secretaries,  clerks  and  employes,  other  than 
counsel  and  police  surgeons,  of  the  police  department  of 
Baltimore  City  shall  be  retained  on  the  force  during  good 
behavior  and  efficiency  by  the  same  Board  of  Police  Com- 
missioners of  the  City  of  Baltimore,  and  may  be  removed 
by  the  said  Board  of  Police  Commissioners  for  official 
misconduct  or  inefficiency,  and  then  only  after  written 
charges  preferred,  specifying  the  time,  place  and  character 
of  such  misconduct  and  inefficiency,  and  trial  had  before 
the  Board  of  Police  Commissioners,  after  reasonable  notice 
thereof. 

Keyser  v.  Upshur,  92.  Md.  729.  Upshur  v.  Ward,  94  Md.  778.  Up- 
shur Z/.  Hamilton,  95  Md.  567. 


1874,  ch.  458.  P.  L.  L.,  (1888)  Art.  4,  Sec.  727.  1906,  ch.  129. 

746.  They  are  authorized,  empowered,  and  directed  to 
select  some  suitable  person  to  act  as  Clerk  to  the  Marshal 


POLICE  COMMISSIONERS — ANNUAL  ESTIMATE  OF  EXPENSES. 


459 


of  Police  for  said  City,  at  a salary  of  twenty-eight  dollars 
per  week,  payable  semi-monthly  ; and  the  said  clerk  upon 
entering  upon  the  duties  of  his  office  shall  enter  into  bond 
to  the  State  of  Maryland  in  the  penalty  of  two  thousand  ® 
dollars,  conditioned  for  the  faithful  discharge  of  his  duties 
as  such  Clerk,  the  said  bond  to  be  approved  by  the  said 
Board  of  Police  Commissioners.  * 


P.  L.  L.,  (1860)  Art.  4,  Sec.  818.  1867,  ch.  367.  P.  L.  L.,  (1888) 

Art.  4,  Sec.  728. 

747.  It  shall  be  their  duty  to  estimate  annually  what  Annual  esti- 
sum  of  money  will  be  necessary  for  each  current  fiscal  year  Spenses. 
to  enable  them  to  discharge  the  duty  imposed  on  them, 
and  they  shall  forthwith  certify  the  same  to  the  Mayor  and 
City  Council  of  Baltimore,  who  are  required  without  delay, 
specifically  to  assess  and  levy  such  amount  as  shall  be  Levy, 
sufficient  to  raise  the  same  clear  of  all  expenses  and  dis- 
counts upon  all  the  assessable  property  in  the  City  of 
Baltimore,  and  cause  the  same  to  be  collected  as  all  other 
City  taxes  ; and  it  is  made  the  duty  of  the  City  Collector 
of  Baltimore,  and  he  is  required  to  collect  said  tax,  to  be 
denominated  the  police  tax  ; and  the  said  Board  of  Police 
Commissioners,  upon  and  after  qualifying  as  such  are^°^^^^^^‘ 
authorized  to  make  requisitions  from  time  to  time  upon  the 
Comptroller  of  the  City  of  Baltimore,  or  other  proper  dis-  ' 
bursing  officer  of  the  corporation,  for  such  sums  of  money 
as  they  may  from  time  to  time  deem  necessary  for  the 
purpose  of  carrying  out  the  objects  and  intentions  of  this 


*Note. — Sec.  2 of  ch.  129,  Acts  1906,  reads  as  follows: 

Section  2.  And  be  it  further  enacted.  That  all  laws  now  in  force  rela- 
ting to  the  Board  of  Police  Commissioners  of  the  City  of  Baltimore  not 
included  in  this  Act  and  not  inconsistent  herewith  shall  be  and  they  are 
continued  in  force  and  effect  until  changed  or  repealed  by  the  General 
Assembly  of  Maryland.  All  Acts  or  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed,  and  it  is  hereby  expressly  and  distinctly  under- 
stood and  declared  that  this  Act  in  no  manner,  shape  or  form  increases 
or  effects  the  pensions  of  the  retired  members  of  said  police  force  who 
were  retired  or  will  be  retired,  prior  to  January  1st,  1907,  but  that  they 
shall  continue  to  receive  the  same  amount  or  same  pension  they  received 
prior  to  the  said  1st  day  of  January  1907  and  no  more. 


460 


MISCELLANEOUS  LOCAL  LAWS. 


Requisitions. 


Certificates  of 
indebtedness 
may  be  issu- 
ed by  Board 
whenever  M. 
& C.  C.  fail  to 
provide  funds 
for  depart- 
ment, or 
when  inade- 
quate pro- 
vision is 
made. 


Proviso. 


sub-division  of  this  Article ; provided,  the  same  shall  not 
exceed  in  any  one  year  the  amount  so  as  aforesaid  certified, 
or  which  may  thereafter  be  certified  for  that  year,  to  the 
Mayor  and  City  Council  of  Baltimore  aforesaid ; and  in 
case  the  said  disbursing  officer  shall  not  forthwith  pay  over 
the  amount  of  each  requisition  as  made,  it  shall  be  the  duty 
of  the  said  Board,  and  they  are  authorized  and  required  to 
issue  certificates  of  indebtedness,  in  the  name  of  the  Mayor 
and  City  Council  of  Baltimore,  in  such  sum  as  they  may 
deem  advisable  for  the  amount  of  such  requisitions, 
respectively,  bearing  interest  at  six  per  cent,  per  annum, 
payable  at  not  more  than  twelve  months  after  date,  and 
signed  by  a majority  of  said  Board,  and  to  raise  the  money 
on  said  certificates  by  pledging  or  disposing  of  the  same  ; 
which  certificates  shall  be  receivable  at  par  in  payment  of 
City  taxes,  and  be  as  binding  on  said  corporation  and  as 
recoverable  against  it  as  if  the  Mayor  and  City  Council  of 
Baltimore  had  themselves  issued  the  same  ; and  the  Mayor 
and  City  Council  of  Baltimore  shall  have  no  power  or 
authority  to  levy  or  collect  any  tax  or  appropriate  any 
money  for  the  payment  of  any  police  force  other  than  that 
organized  and  employed  under  this  sub-division  of  this 
Article  ; and  no  officer  or  other  employee  of  the  said  Mayor 
and  City  Council  of  Baltimore  shall  disburse  any  money  there- 
for ; and  the  power  of  said  Mayor  and  City  Council  to  levy 
and  collect  taxes  and  appropriate  and  disburse  money  for 
the  payment  of  the  police  force  organized  and  employed 
under  this  sub-division  of  this  Article  shall  be  exercised  as 
herein  directed,  and  not  otherwise  ; and  in  case  the  amount 
so  as  aforesaid  to  be  estimated  by  the  said  Board  shall 
from  any  cause  prove  insufficient  for  the  necessary  ex- 
penses for  the  current  year,  the  said  Board  is  authorized 
and  empowered  to  issue  certificates  and  raise  money  there- 
from, as  hereinbefore  provided,  to  meet  the  said  exigency; 
provided,  however,  that  no  additional  issue  shall  exceed 
the  sum  of  fifty  thousand  dollars  in  any  one  year,  and  that 
the  amount  thereof  shall  be  added  to  the  estimate,  assess- 
ment and  levy  for  the  year  next  ensuing,  and  that  the  said 
certificates  shall  not  be  made  payable  at  an  earlier  day 
than  twelve  months  from  the  date  of  their  issue,  but  may 


POLICE  COMMISSIONERS — POSSE  COMMITATUS. 


461 


be  receivable  in  payment  of  City  taxes  at  any  time  they 
may  be  so  presented. 

Mayor,  etc.  v.  Poultney  & Trimble,  25  Md.  18. 


P.  L.  L.,  (I860)  Art.  4,  .Sec.  816.  1867,  ch.  367.  P.  L.  E.,  (1888) 

Art.  4,  Sec.  729. 

748.  It  shall  be  the  duty  of  the  Sheriff  of  Baltimore 
City,  whenever  called  on  for  that  purpose  by  said  Board, 
to  act  under  their  control  for  the  preservation  of  the  public 
peace  and  quiet,  and  if  ordered  by  them  to  do  so,  he  shall 
summon  the  posse  comitatus  for  that  purpose,  and 
and  employ  such  posse,  subject  to  their  discretion  in  case 
the  said  Board  shall  deem  it  necessary  ; they  shall  call  out 
such  military  force,  lawfully  organized  or  existing  in  said 
City,  as  they  may  see  fit,  to  aid  them  in  preventing  threat- 
ened disorder  or  opposition  to  the  laws,  or  in  suppressing 
insurrection,  riot  or  disorder,  on  election  days,  and  at  all 
other  times  ; and  it  shall  be  the  duty  of  said  military  force 
so  called  out,  to  obey  such  orders  as  may  be  given  them  by 
said  Board  ; whenever  the  exigency  or  circumstances  may 
in  their  judgment,  warrant  it,  the  said  Board  shall  have  Board  may  as- 
the  power  to  assume  the  control  and  command  of  all  preme^cJutroi 
conservators  of  the  peace  in  the  City  of  Baltimore,  whether  torTSf  th^’ 
sheriffs,  constables,  police  or  others,  and  they  shall  act 
under  the  orders  of  the  said  Board,  and  not  otherwise ; 
and  in  case  of  the  refusal  of  the  said  sheriff,  or  any  police-  penalty  for 
man,  constable,  or  other  peace  officer  or  persons,  to  obey  of  us  o1-d?r^ 
any  lawful  command  of  said  Board  under  the  provisions  of 
this  section,  they  shall,  respectively,  be  guilty  of  a misde- 
meanor and  punishable  as  in  such  cases  made  and 
provided  ; and  any  officer  of  any  military  force  in  the  City 
of  Baltimore,  organized  under  any  law  now  existing,  or 
which  may  hereinafter  be  enacted  by  the  General  Assem- 
bly of  this  State,  who,  upon  being  called  on  by  the  said 
Board  as  aforesaid,  shall  refuse  or  wilfully  fail  to  call  out 
the  force  under  his  command,  or  to  obey  the  orders  of  the 
said  Board,  or  to  enforce  by  all  lawful  means  the  perform- 
ance of  the  duties  to  said  force  assigned  ; and  any  inferior 
officer  or  private  who  shall  refuse  or  wilfully  fail  to  obey 


462 


MISCELIvANEOUS  eocae  eaws. 


Filling- 

vacancies. 


Rules  and 
regulations. 


Relief  of 
families. 


Bond. 


No  extra  com- 
pensation to 
police. 


the  orders  of  his  superior  officer  in  such  behalf,  shall  be 
guilty  of  a misdemeanor,  and  punishable  as  in  such  cases 
made  and  provided. 


1867,  ch.  367.  P.  E.  E.,  (1888)  Art.  4,  Sec.  730. 

749.  Whenever  a vacancy  shall  take  place  in  any  grade 
of  officers  (except  the  marshal  and  deputy  marshal),  it  shall 
be  filled  from  the  next  lowest  grade,  if  competent  men  can 
be  found  therein  ; the  Board  of  Police  Commissioners  are 
authorized  to  make  all  such  rules  and  regulations,  not 
inconsistent  with  this  sub-division  of  this  Article,  as  they 
may  judge  necessary  for  the  appointment  and  employment, 
uniforming,  discipline,  trial  and  government  of  the  police 
and  detectives,  and  for  the  relief  and  compensation  of  the 
members  of  the  police  injured  in  person  and  property  in 
the  discharge  of  their  duty,  and  the  families  of  men  or 
officers  killed  while  in  its  performance  ; provided,  that  the 
allowance  in  any  one  instance  shall  not  exceed  twelve 
month's  pay ; said  Board  shall  have  power  to  require  of 
any  policeman,  officer  of  police  or  detective,  bond  with 
sureties,  when  they  may  consider  it  demanded  by  the 
public  interest ; all  lawful  rules  and  regulations  of  the 
Board  shall  be  obeyed  by  the  policemen  and  detectives,  on 
pain  of  dismissal  or  such  lighter  punishment  as  may  be  pre- 
scribed by  the  said  Board  ; and  the  said  Board  shall  have 
power  to  suspend  from  duty,  fine  or  forfeit  the  pay  of  any 
officer  or  policeman,  or  suspend  any  rule  or  regulation 
made  and  adopted  by  them. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  814.  1867,  ch.  367.  P.  E.  E.,  (1888) 

Art.  4,  Sec.  731. 

750.  No  officer  of  police,  policeman  or  detective  shall 
be  allowed  to  receive  any  money  as  a gratuity  or  extra 
compensation  for  any  services  he  may  render,  without  the 
consent  of  the  said  Board ; and  all  such  moneys  as  any 
officer  of  police,  policeman  and  detective  may  be  so  per- 
mitted to  receive  shall  be  paid  over  to  the  said  Board  and 


POLICE  COMMISSIONERS  — PROCEEDINGS . 


463 


together  with  the  proceeds  of  all  fines,  forfeitures,  penal- 
ties and  unclaimed  property  which  may  come  into  the 
possession  of  the  said  Board,  or  be  recovered  by  them 
under  the  provisions  of  this  sub-division  of  this  Article,  or 
any  other  law,  shall  form  a fund  which  the  Board  may  Police  fund, 
apply  towards  the  allowances  of  officers  of  police,  policemen 
and  detectives  and  their  families,  as  hereinbefore  authorized, 
and  for  extra  pay  to  such  members  of  the  force  as  by 
gallantry  and  good  conduct  on  extraordinary  occasions  they 
may  be  judged  to  merit ; and  any  officer  of  police,  police- 
man or  detective  who  shall  directly  or  indirectly  in  viola-  Penalty, 
tion  of  this  section,  receive  any  moneys  as  a gratuity  or 
extra  compensation,  and  shall  fail  to  deliver  the  same  to 
the  Board  for  the  purposes,  hereinbefore  provided,  and 
shall  apply  the  same  to  his  own  use,  shall  be  forthwith 
dismissed,  and  be  forever  after  inelligible  to  any  position 
in  the  force. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  821.  1874.  ch.  146.  P.  L.  L.,  (1888) 

Art.  4,  Sec.  732. 

751.  The  Board  of  Police  Commissioners  shall  cause  to 
be  kept  by  their  secretary,  a full  report  of  their  proceed-  Full  record  of 
ings,  and  also  cause  all  their  receipts  and  disbursements 
of  money  to  be  faithfully  entered  in  books  to  be  provided 
for  that  purpose ; and  said  books,  journals  and  all  other 
documents  in  the  possession  of  said  Board,  shall  always  be 
open  to  inspection  by  the  General  Assembly,  or  any  com- 
mittee appointed  by  it  for  that  purpose  ; and  it  shall  be  the 
duty  of  the  said  Board  to  report  to  the  General  Assembly 
at  each  regular  session,  or  as  may  hereafter  be  directed  by 
said  General  Assembly,  the  number  and  expense  of  the 
police  force  employed  by  them  under  this  sub- division  of 
this  Article,  and  all  such  other  matters  as  may  be  of  public 
interest  in  connection  with  the  duties  assigned  to  them ; 
and  said  books,  journals  and  other  documents,  and  the 
vouchers  for  all  payments  by  said  Board  of  Police  Com- 
missioners  shall  at  all  times  be  open  to  the  inspection  of  open  to  in- 
the  Mayor  and  City  Register,  or  either  of  them ; and  it 


464  MISCELLANEOUS  LOCAL  LAWS. 

shall  be  the  duty  of  the  Comptroller  of  the  City  of  Balti- 
more to  examine  all  bills  and  accounts  presented  by  said 
Board  of  Police  Commissioners  and  the  vouchers  therefor. 


1867,  ch.  367.  P.  L.  L.,  (1888)  Art.  4,  Sec.  733. 

752.  The  treasurer  of  the  Board  of  Police  Commission- 
ers, before  entering  upon  the  duties  of  his  office  as  such 
treasurer,  shall,  in  addition  to  the  bond  given  as  Commis- 
Bond.  sioner,  enter  into  bond  to  the  State  of  Maryland,  with  one 

or  more  sureties,  in  the  penalty  of  ten  thousand  dollars, 
conditioned  for  the  faithful  discharge  of  the  duties  im- 
posed upon  him  as  treasurer,  and  the  faithful  application 
and  payment  over,  pursuant  to  the  order  and  direction  of 
the  said  Board,  of  all  moneys  which  may  come  into  his 
hands  as  such  treasurer ; and  shall,  every  six  months,  on 
^a?cou”nt  the  first  day  of  January  and  July,  in  each  and  every  year 
during  his  continuance  in  office,  render  to  his  associates  in 
said  Board,  a true  and  faithful  account  of  the  receipts  and 
disbursements  of  all  moneys  received  and  disbursed  by  him 
by  order  of  the  said  Board,  with  the  vouchers  thereof 
during  said  period,  which  accounts  shall  be  verified  by  the 
affidavit  of  said  treasurer  ; and  the  said  Board  shall  there- 
upon examine  said  account,  and  if  they  find  the  same  to  be 
correct,  they  shall  certify  said  account,  and  forward  the 
same  to  the  Governor  of  the  State,  to  be  filed  in  the  office 
of  the  Secretary  of  State ; the  said  Board  shall  retain  a 
copy  thereof,  with  their  certificate  attached,  to  be  filed 
among  the  papers  of  their  office. 


1867,  ch.  367.  P.  L.  L.,  (1888)  Art.  4,  Sec.  734. 

753.  The  said  Board  of  Police  Commissioners  are 
authorized  and  empowered,  whenever  in  their  judgment 
^ dose“afoons.  the  public  peace  and  tranquility  may  require,  to  order  the 
closing  temporarily  of  any  and  all  bar  rooms,  bars,  drink- 
ing houses  and  liquor  shops,  and  all  other  places  where 
liquor  is  usually  sold  in  the  City  of  Baltimore,  and  forbid 
the  selling  and  furnishing  of  liquor  thereat;  and  any  pro- 
prietor or  keeper,  or  any  other  person  forjsuch  proprietor 


POLICE  COMMISSIONERS— JURISDICTION  AND  POWERS. 


465 


or  keeper,  of  any  such  drinking  house,  place  or  places,  as 
well  as  all  other  places  where  liquor  is  usually  sold,  who 
shall  refuse  or  fail  to  obey  such  order  of  said  Board  of 
Police  Commissioners  passed  in  pursuance  thereof,  or  who 
shall  sell  or  furnish  liquor  from  any  such  place  or  places, 
during  such  period  as  said  Board  shall  so  forbid,  shall  be 
guilty  of  a misdemeanor;  and  it  shall  be  the  duty  of  each 
and  every  officer  of  police,  policeman  and  detective,  who 
may  be  cognizant  of  any  violation  of  this  section,  to  report 
the  same  to  the  Grand  Jury  of  the  City  of  Baltimore,  if  in 
session,  and  if  not  in  session,  then  to  the  next  Grand  Jury 
that  may  be  summoned  for  said  City;  and  every  officer  of 
police,  policeman  and  detective  who  shall  willfully  fail  to 
make  such  report  shall  be  forthwith  dismissed  from  his 
position,  and  shall  be  forever  after  ineligible  to  any  position 
in  the  police. 

State  V.  Strauss,  49  Md.  288. 


1867,  ch.  367.  P.  L.  L.,  (1888J  Art.  4,  Sec.  735. 

754.  They  are  authorized  and  empowered  to  take 
possession  of  all  property  heretofore  by  law  assigned  to  the 
former  Board  of  Police,  and  to  have  and  use  a common 
seal;  they  may  divide  the  City  into  such  number  of  police 
districts  as  they  may  think  necessary  for  the  public  good; 
and  if  found  practicable,  in  addition  to  the  station  houses 
and  property  attached  thereto,  which  they  are  authorized 
and  empowered  to  take  possession  of  and  use,  they  may 
provide  additional  station  houses,  with  all  necessary 
appurtenances,  as  may  be  found  needful  and  necessary,  ^forme^pouL 
and  such  accommodations  as  may  be  requisite  for  the 
police  force;  said  board  shall  also  have  the  use  of  the  fire- 
alarm  and  police  telegraph  in  the  City  of  Baltimore,  and  to  use  proper- 
of  all  station  houses,  watch-boxes,  arms,  accoutrements  longing  to  the 
and  other  accommodations  and  property  provided  by  the  paitment 
City  of  Baltimore  for  the  use  and  service  of  the  police 
heretofore  created  by  any  act  of  the  corporation  of  said 
City,  as  fully  and  to  the  same  extent  as  if  the  same  had 
been  provided  for  the  use  of  the  Board  created  by  this 
sub-division  of  this  Article. 


466 


MISCKLI.ANKOUS  LOCAL  LAWS. 


1867,  ch.  367.  P.  L.  L.,  (1888)  Art.  4,  Sec.  736. 

755.  It  shall  be  the  duty  of  every  officer  of  police,  and 
every  policeman  and  detective,  to  report  to  the  Board,  and 
deliver  to  them  all  property  seized  or  found  by  said  officer 

property  of  police,  policeman  or  detective,  immediately  after  the 
foJx^nd.^^  same  shall  have  come  into  their  possession,  which  property, 
with  the  date  of  delivery  and  description  of  the  same,  and 
the  name  of  the  officer,  policeman  or  detective  depositing 
the  same,  shall  be  entered  in  a book  by  the  secretary,  to  be 
provided  for  that  purpose;  said  secretary  shall  have  the 
custody  of  all  such  property,  and  shall  be  held  responsible 
for  the  safe  delivery  of  the  same  to  the  claimants,  when 
ordered  to  do  so  in  writing  by  the  said  Board,  which  order 
shall  be  his  voucher;  and  any  officer,  policeman  or  detective 
who  shall  fail  or  refuse  for  a period  of  twenty-four  hours 
to  deposit  all  such  property  as  aforesaid,  shall  be  subject 
to  removal  by  the  said  Board;  and  every  officer,  policeman 
or  detective  who  shall  willfully  refuse  to  return  all  such 
property  as  aforesaid,  or  shall  return  the  same  to  any 
claimant,  shall  be  forthwith  dismissed  from  office. 

Upshur  7J.  Mayor,  94  Md.  743. 

1886,  ch.  459.  1888,  ch.  306.  1898,  ch.  494.  1900,  ch.  233.  1902.  ch.  81. 

P.  L.  L.,  (1888)  Art.  4,  Sec.  756. 

756.  In  addition  to  the  sums  of  money  now  authorized 
by  law  to  be  paid  out  of  the  fund  so  as  above  constituted 
and  designated,  the  said  Board  of  Police  Commissioners 
are  empowered  whenever  in  their  opinion  the  efficiency  of 

^ rldre^Srce-^  scrvicc  may  require  it,  to  retire  any  officer  of  police, 
men,  etc.  poficeman,  detective,  clerk  or  turnkey  appointed  by  them 
and  pay  to  him  in  monthly  instalments  out  of  said  fund  for 
life  a sum  of  money  equal  to  one-half  of  the  amount  of 
money  monthly  paid  to  such  officer  of  police,  policeman, 
detective,  clerk  or  turnkey  as  provided  by  law  ; provided, 
however,  he  shall  have  served  faithfully  not  less  than 
sixteen  years  as  such  officer  of  police,  policeman,  detective, 
clerk  or  turnkey,  or  shall  have  been  permanently  disabled 
in  the  discharge  of  his  duty  as  such  officer  of  police, 
policeman,  detective,  clerk  or  turnkey,  and  the  said  board 


POLICE  COMMISSIONERS — RELEASES. 


467 


shall  in  all  cases  before  making  such  retirement  procure 
and  file  away  among  their  records  a certificate  of  a com- 
petent and  reputable  physician  that  the  person  proposed  to 
be  retired  has  been  thoroughly  examined  by  him,  and  that 
he  is  incapable  of  performing  active  police  duty ; and  it 
shall  be  the  duty  of  any  such  officer  of  police,  policeman, 
detective,  clerk  or  turnkey  so  retired  to  perform  such  police 
duties,  and  at  such  times  as  the  Board  of  Police  Commis- 
sioners shall  deem  proper,  said  terms  of  service  not  to 
exceed  seven  days  during  any  year,  and  for  such  services 
no  extra  compensation  shall  be  allowed  by  said  board  ; and 
the  said  board  shall  have  the  power  in  their  discretion  to 
suspend  payment  to  any  such  officer  of  police,  policeman, 
detective,  clerk  or  turnkey  for  a term  not  to  exceed  three  ^^ujpeffd  pay° 
months  for  the  first  offense  ; for  the  second  offense  a term 
not  to  exceed  six  months,  and  for  the  third  offense,  any 
such  officer  of  police,  policeman,  detective,  clerk  or  turnkey 
shall  be  subject  to  dismissal  upon  proof  given  that  the  said 
officer  of  police,  policeman,  detective,  clerk  or  turnkey  is 
or  has  been  in  the  judgment  of  the  said  board,  living  an 
improper  or  immoral  life.* 


1867,  ch.  367.  P.  L.  L.,  (1888)  Art.  4,  Sec.  738. 

757.  No  Marshal  of  Police,  or  any  of  the  captains  of 
any  of  the  districts  or  station-houses,  or  any  one  acting 
for  or  under  them,  or  any  of  them,  shall  release  any 
persons  committed  or  confined  in  any  of  the  station-houses 
for  any  felony  or  misdemeanor,  but  all  such  persons  shall 
be  released  only  on  the  order  of  the  committing  Justice, 
the  Judge  of  the  Criminal  Court,  or  one  of  the  members  of 
the  Board,  or  other  lawful  process. 

Brish  V.  Carter,  98  Md.  452. 

1867,  ch.  367,  P.  L.  L.,  (1888)  Art.  4,  Sec.  739. 

758.  The  said  Board  of  Police  Commissioners  are 
required  on  the  requisition  of  the  Board  of  Park  Commis- 
sioners, to  detail  from  time  to  time  such  number  of  the 

*Note.  - Construing  this  section  in  connection  with  section  756,  P.  L. 
L.,  (1888)  Art.  4,  it  would  appear  that  this  section  should  follow  section 
776,  post,  such  being  the  arrangement  in  Art.  4,  aforesaid. 


468 


MISCELI.ANEOUS  EOCAE  EAWS. 


regular  police  force  of  said  City  as  the  said  Board  may 
deem  necessary  for  the  preservation  of  order  within  any 
Park  police,  parks  Under  their  control,  which  detailed  force  shall  have 
the  same  power  in  the  premises  that  the  police  force  of  the 
City  have,  as  conservators  of  the  peace. 

Upshur  V.  Mayor,  94  Md.  747. 


P.  E.  L.,  (1860)  Art.  4,  Sec.  822.  1867,  ch.  367.  P.  E.  E.,  (1888) 

Art.  4,  Sec.  740. 

759.  Nothing  in  this  sub-division  of  this  Article  shall 
be  so  construed  as  to  destroy  or  diminish  the  liability  or 
m^sTc.  responsibility  of  the  Mayor  and  City  Council  of  Baltimore 
c.ofB.  any  failure  to  discharge  the  duties  and  obligations  of 

said  Mayor  and  City  Council  of  Baltimore,  or  any  of  them, 
or  give  the  said  Mayor  and  Council  of  Baltimore  any  control 
over  said  Board  or  any  officer  of  police,  policeman  or 
detective  appointed  thereby. 

Baltimore  v.  Poultney,  25  Md.  31.  Altvater  v.  Mayor,  31  Md.  462. 
Flynn  v.  Canton  Co.,  40  Md.  312.  Sinclair  v.  Mayor,  59  Md.  592. 
Upshur  V.  Mayor,  &c.  94  Md.  743. 


1898,  ch.  474. 

§759a.  No  member  of  the  police  force  provided  for  by 
this  Article  and  sub-title  shall  be  by  the  said  Board  of 
Police  Commissioners  employed  or  be  permitted  to  be 
^ pSform  employed,  to  do  or  perform  for  the  said  Board,  or  the  Mayor 

SicVdSties.  and  City  Council  of  Baltimore,  any  mechanical  work  or 
labor  other  than  the  work  or  labor  required  of  the  members 
of  said  police  force  by  the  provisions  of  this  Article  and  sub- 
title relating  to  police  duties.  The  purpose  and  object  of 
this  section  is  to  prevent  patrolmen  and  other  members 
of  said  police  force  from  being  taken  from  the  performance 
of  police  duty,  as' prescribed  by  this  Article  and  sub-title, 
and  made  to  perform  the  work  and  labor  of  carpenters, 
bricklayers  and  similar  mechanical  work  and  labor. 


POLICE  COMMISSIONERS — ARREvSTS. 


469 


1867,  ch.  367.  1892,  cli.  536.  P.  L.  L.,  (1888)  Art  4,  Sec.  741. 

760.  All  persons  arrested  in  the  day-time  under  the 
provisions  of  this  sub-division  of  this  Article  shall  be 
taken  by  the  officer  making  the  arrest  immediately  before 

the  nearest  Police  Justice  for  examination,  except  that  all  immediate  ex- 

animation 

females  and  male  children  under  fourteen  years  of  age  who  after  arrest, 
may  be  arrested  or  taken  into  custody  shall  be  taken  before 
the  nearest  Police  Justice  for  examination  when  there  shall 
be  matrons  at  the  station  house  as  hereinafter  provided. 

Brish  V.  Carter,  98  Md.  451. 

1884,  ch.  187.  P.  L.  L.,  (1888)  Art.  4,  Sec.  742. 

761.  Whenever  any  person  shall  be  arrested  in  the  City 
of  Baltimore,  charged  with  any  crime  or  misdemeanor,  or  for 

being  drunk  or  disorderly,  or  for  any  breach  of  the  peace,  pj-unkordisor- 
and  shall  be  taken  before  any  of  the  Police  Justices  of  the  persons 
Peace  of  the  said  City,  and  any  such  person  shall  be  found  to 
have  concealed  about  his  person  any  pistol,  dirk-knife, 
bowie-knife,  sling-shot,  billy,  brass,  iron  or  any  other 
metal  knuckles,  razor,  or  any  other  deadly  weapon  what- 
soever, such  persons  shall  be  subject  to  a fine  of  not 
than  five  dollars  nor  more  than  twenty-five  dollars,  in  the  weapons 
discretion  of  the  Police  Justice  of  the  Peace  before  whom 
such  person  may  be  taken,  and  the  confiscation  of  the 
weapon  so  found,  which  said  fine  shall  be  collected  as  other 
fines  are  now  collected ; provided,  however,  that  the  Proviso, 
provisions  of  this  section  shall  not  apply  to  those  persons, 
who,  as  conservators  of  the  peace,  are  entitled  or  required 
to  carry  a pistol  or  other  weapon  as  a part  of  their  official 
equipment. 


1890,  ch.  534.  P.  L.  L.,  (1888)  Art.  4,  Sec.  742A. 

762.  Every  person  in  said  City  of  Baltimore  not  being 
a conservator  of  the  peace,  entitled  or  required  to  carry 
such  weapons  as  a part  of  his  official  equipment,  who  shall  ^carr^ing’^con- 
wear  or  carry  any  pistol,  dirk-knife,  bowie-knife,  sling- 
shot,  billy,  sand-club,  metal  knuckles,  razor  or  any  other 
dangerous  or  deadly  weapon  of  any  kind  whatsoever 


470 


MISCEI.LANEOUS  EOCAE  EAWS. 


Eeave  of  ab- 
sence for 
policemen. 


Additional 

probation 

officers. 


(penknives  excepted),  concealed  upon  or  about  his  person; 
and  every  person  who  shall  carry  or  wear  such  weapons 
openly,  with  the  intent  or  purpose  of  injuring  any  person, 
shall,  upon  conviction  thereof,  be  fined  not  more  than  five 
hundred  dollars,  and  be  imprisoned  not  more  than  six 
months  in  the  Jail  or  in  the  House  of  Correction ; this 
section  shall  not  release  or  discharge  any  person  or  persons 
already  offending  against  the  general  law  in  such  cases 
made  and  provided,  but  any  such  person  or  persons  may 
be  proceeded  against,  prosecuted  and  punished  under  the 
general  law  of  this  State  as  if  this  Article  had  not  been 
passed. 


1882,  ch.  34.  1888,  ch.  303.  1892,  ch.  309.  190),  ch.  421.  1904.  ch.  186. 

P.  E.  E.,  (1888)  Art.  4,  Sec.  743. 

763.  The  said  Board  of  Police  Commissioners  are 
authorized,  empowered  and  directed  to  grant  leave  of 
absence,  with  pay,  for  a period  of  thirty  days  for  each 
consecutive  year  of  service  to  each  of  the  officers  of  police, 
policemen  and  detectives  of  the  regular  force  employed  by 
the  said  board  ; nor  shall  any  enforced  absence,  with  leave, 
on  account  of  sickness  or  death  be  deducted  from  the  pay 
of  any  such  officer  of  police,  policemen  or  detective,  or 
from  their  thirty  days  leave  as  herein  provided  for. 


1892,  ch.  309.  P.  E.  E.,  (1888)  Art.  4,  Sec.  743A. 

764.  The  Board  of  Police  Commissioners  are  hereby 
authorized  and  empowered  to  appoint  and  employ,  in 
addition  to  the  number  now  authorized  by  law,  fifteen 
additional  probation  officers,  said  officers  so  appointed  to 
hold  their  places  and  receive  their  pay  under  the  provisions 
of  law  now  in  force  and  applicable  to  probation  officers. 


Matrons  at  the  Station  Houses. 

1884,  ch.  225.  1892,  ch.  536.  1900,  ch.  533.  P.  E.  E.,  (1888)  Art.  4, 

Sec.  744. 

765.  The  Board  of  Police  Commissioners  of  Baltimore 
shall  appoint  two  suitable  women  as  matrons  at  each  of 


POLICE  COMMISSIONERS — MATRONS. 


471 


the  station-houses  in  said  city,  one  for  day  and  the  other 
for  night  service  and  one  suitable  woman  as  superintendent  deSfo? ma- 
of  matrons  for  Baltimore  City,  and  two  additional  suitable 
women  as  substitute  matrons,  and  shall  provide  a furnish- 
ed room  at  each  of  said  station  houses  for  them. 

1884,  ch.  225.  1892,  cli.  536.  1900,  ch.  533.  P.  L.  L.,  (1888)  Art.  4, 

Sec.  745. 

766.  No  woman  shall  be  appointed  as  a matron  or 
superintendent  of  matrons  or  substitute  matron  as  afore- 
said by  the  board  unless  she  shall  be  recommended  to  said  Recommenda- 
board,  within  three  months  preceding  her  appointment,  by 

at  least  twenty  women  in  good  standing  in  said  city  in 
writing,  as  a suitable  person  for  the  position,  and  the  said 
matrons  and  superintendent  of  matrons  and  substitute 
matrons  shall  be  appointed  to  serve  for  four  years,  subj ect  Terms  of  ser- 
to  removal  tor  cause  after  a hearing  by  the  said  board, 
which  is  hereby  vested  with  jurisdiction  in  the  premises  ; 
provided,  however,  that  said  substitute  matrons  shall  per- 
form the  duties  of  matrons  when  called  upon  by  said  board 
in  the  absence  or  disability  of  any  of  said  matrons,  or  as 
necessity  for  their  services  may  arise  and  shall  only 
receive  pay  during  the  time  of  actual  service  rendered  by 
them. 

1884,  ch.  225.  1892,  ch.  536.  1900,  ch.  533.  P.  L.  L.,  (1888)  Art.  4. 

Sec.  746. 

767.  The  duties  of  each  matron  shall  be  to  give  such 

care  and  advice,  and  to  perform  such  other  police  duties  as  Duties  of 
may  be  requisite  and  proper,  to  the  female  persons,  male 
children  under  fourteen  years  of  age,  and  refugees  in  the 
station  house  for  which  said  matrons  shall  have  been  ap- 
pointed or  signed ; and  the  duties  of  the  superintendent 
of  matrons  shall  be  to  visit  each  of  the  police  station  houses 
twice  each  week,  and  to  give  assistance  to  the  matrons  in 
the  performance  of  their  duties,  and  to  make  such  recom- 
mendations from  time  to  time  to  the  Board  of  Police 
Commissioners  as  may  promote  the  efficiency  and  proper 
performance  of  the  duties  of  the  matron. 


472 


MISCEIvI^ANEOUS  locae  laws. 


1884,  ch.  225.  1892,  cli.  536.  1900,  ch.  533.  1902,  ch.  492.  P.  L.  L. 

(1888)  Art.  4,  Sec.  747. 

768.  Each  of  said  matrons  and  substitute  matrons 
when  employed  shall  receive  a salary  of  twelve  dollars  a 
Superintendent  of  matrons  a salary  of  fifteen 
Inf  of  dollars  a week,  to  be  paid  by  the  Mayor  and  City  Council 

trons.  of  Baltimore,  and  it  shall  be  included  in  the  annual  esti- 

mate of  the  expenses  by  said  Board  of  Police  Commission- 
ers, certified  to  the  Mayor  and  City  Council  of  Baltimore. 


Militia. 

1870,  ch.  182.  P.  L.  L.,  (1888)  Art.  4,  Sec.  748. 

769.  Whenever  the  Board  of  Police  Commissioners  for 
the  City  of  Baltimore,  or  the  Sheriff  of  any  county,  shall 
Command  of,  Call  out  any  portion  of  the ' militia  to  aid  in  preventing 
^ut^by  V^rd  threatened  disorder  or  opposition  to  the  laws,  or  in  sup- 
pressing riot  or  disorder  on  election  days,  or  at  any  other 
times,  said  military  force  shall  be  deemed  to  be  on  detach- 
ed service  while  under  the  orders  of  the  said  Board  or 
Sheriff ; and  the  commanding  officer  thereof  shall  not  be 
subject  to  the  orders  of  any  superior  officer  whatsoever, 
except  the  commander-in-chief. 


Patrol  Wagons 


1886,  ch.  459.  P.  L.  E.,  (1888)  Art.  4,  Sec.  749. 

770.  The  said  Board  of  Police  Commissioners  are 
authorized  and  directed  to  construct,  equip  and  maintain  a 
Board  to  main-  telephone  alarm  and  patrol  wagon  service,  with  all  neces- 
saries, appliances  and  laborers ; provided,  however,  the 
expenditures  therefor  will  not  impair  the  special  fund 
mentioned  in  sections  576  and  777  of  this  Article,  so  as  to 
prevent  its  sufficient  application  to  the  purposes  provided 
for  in  said  sections. 


POLICE  COMMISSIONERS — PHYSICIANS. 


473 


Physicians  to  the  Police  Force. 

1888,  ch.  150.  1904,  ch.  630.  P.  L.  E.,  (1888)  Art.  4,  vSec.  750. 

771.  The  said  Board  of  Police  Commissioners  for  the 
City  of  Baltimore  are  authorized  to  appoint  and  commission  Appointment, 
biennially  five  physicians  of  integrity  and  capacity,  resi- 
dents of  Baltimore  City,  and  who  shall  have  practiced 
medicine  therein  for  at  least  three  years,  next  preceding 
the  date  of  their  commission,  to  act  as  physicians  of  the 
Police  Department  of  said  city,  under  such  rules  and  regu- 
lations as  the  said  Board  may  from  time  to  time  prescribe 
for  their  conduct ; one  of  the  said  physicians  shall  be 
designated  by  the  said  Board  as  the  chief  physician. 


1888,  ch.  150.  P.  E.  E.,  (1888)  Art.  4,  Sec.  751. 

772.  The  duties  of  the  said  physicians  shall  be  to  ex-i^i^ties. 
amine  thoroughly  all  applicants  for  position  in  the  police 
force  of  Baltimore  City  and  to  test  their  entire  fitness  in 
every  respect  for  such  position ; to  visit  all  policemen, 
turnkeys,  detectives,  officers  of  police  and  clerks  of  said 
force,  who  may  be  returned  as  sick,  and  to  report  their 
condition  to  the  said  Board,  to  visit  and  professionally 
attend  any  and  all  of  the  said  persons  who  may  be  injured 
or  disabled  in  their  performance  of  their  duties  as  members 
of  the  said  force  ; to  thoroughly  examine  and  report  to  the 
said  Board  the  physical  condition  of  each  and  every  mem- 
ber of  said  force,  who  may,  upon  his  own  application,  or 
who  the  said  Board  may  think  should  be  retired  from  the 
said  force  and  be  pensioned  under  this  sub-division  of  this 
Article  and  to  perform  all  such  other  and  further  profes- 
sional duties  in  connection  with  the  said  department  and 
force  as  the  said  Board  may  from  time  to  time  deem  neces- 
sary and  prescribe  for  them. 


1888,  ch.  150.  1904,  ch.  630.  P.  E,  E.,  (1888)  Art.  4,  Sec.  752. 


773.  The  salary  of  the  said  chief  physician  shall  be 
fifteen  hundred  dollars  per  annum,  payable  monthly  ; and  chief  phW- 
the  salary  of  each  of  the  other  said  physicians  shall  be  one  Stands. 


474 


MISCEI^IvANEOUS  eocal  eaws. 


Police  at  race 
track. 


Police  at  regis- 
tration office! 


What  shall  con 
stitute. 


thousand  dollars  per  annum,  payable  monthly  ; but  the 
tenure  of  office  of  the  said  chief  physician  and  each  of  the 
other  of  said  physicians  shall  be  determinable  within  the 
term  for  which  he  or  they  were  appointed  by  a majority  of 
the  said  Board,  and  in  their  exclusive  discretion  ; and  the 
said  chief  physician  and  each  of  the  other  of  said  physi- 
cians shall  be  compensated  only  up  to  the  time  of  such 
determination  at  the  rate  of  his  or  their  salary  aforesaid. 

Races. 

1872,  ch.  55.  P.  Iv.  Iv.,  (1888)  Art.  4,  Sec.  753. 

774.  For  the  purpose  of  preserving  order  and  protecting 
property,  the  Police  Commissioners  of  the  City  of  Baltimore 
are  authorized,  upon  the  request  of  the  President  of  the 
Maryland  Jockey  Club,  to  detail  such  force  as  they  may 
deem  sufficient  for  the  preservation  of  order  during  any 
exhibition  of  the  said  club,  which  detailed  force  shall  have 
the  power  that  the  police  of  the  City  have  as  conservators 
of  the  peace. 


Registration  of  Voters 
1876,  ch.  249.  P.  L.  E.,  (1888)  Art.  4,  Sec.  754. 

775.  The  board  of  Police  Commissioners  for  Baltimore 
City,  upon  the  written  request  of  the  Registers  of  voters, 
shall  detail  police  officers  sufficient  to  preserve  order  at  the 

' place  where  the  officers  of  registration  in  Baltimore  City 
are  discharging  the  duties  of  their  office. 

Special  Fund. 

1886,  ch.  459.  P.  E.  E.,  (1888)  Art.  4,  Sec.  755. 

776.  All  sums  of  money  which  are  now  in  or  which  may 
hereafter  come  into  the  hands  of  the  Board  of  Police 
-Commissioners  for  the  City  of  Baltimore,  under  and  by 

virtue  of  the  provisions  of  existing  laws,  except  such  sums 
as  may  come  into  their  hands  under  and  by  virtue  of  the 
provisions  of  section  747,  shall  constitute  a fund  to  be 
known  and  accounted  for  as  the  special  fund. 


POLICE  COMMISSIONERS — SPECIAL  FUND. 


475 


1900,  ch.  266. 

776x\.  The  Board  of  Police  Commissioners  of  the  City 
of  Baltimore,  and  their  successors,  shall  be  the  trustees  of 
the  special  fund  hereinafter  mentioned.  The  Treasurer  of 
said  Board  shall  be  Treasurer  of  the  fund.  He  shall  before 
entering  upon  his  duties  as  Treasurer  thereof  execute  and 
deliver  to  said  Board  a bond  in  the  penal  sum  of  five  thou-  Rond- 
sand  dollars,  to  be  approved  by  Comptroller  of  the  City  of 
Baltimore,  and  conditioned  for  the  faithful  discharge  of  his 
duties,  and  that  he  shall  pay  over  and  acccount  for  all 
moneys  and  property  which  shall  come  to  his  hands  as  such 
Treasurer,  the  expense  of  such  bond,  if  furnished  by  a 
corporation,  to  be  paid  out  of  the  special  fund.  Such 
trustees  shall  have  charge  of  and  administer  such  funds, 
and  from  time  to  time  invest  the  same,  or  any  part  thereof, 
as  they  shall  deem  most  beneficial  to  said  fund,  and  they  are 
empowered  to  make  all  necessary  contracts,  and  take  all 
necessary  and  proper  actions  and  proceedings  in  the 
premises,  and  to  make  payments  from  such  fund  of  salaries 
granted  in  pursuance  of  this  Act,  and  also  salaries  now 
charged  on  said  fund  or  any  part  thereof  by  or  under 
existing  laws.  The  said  trustees  may,  and  they  are 
authorized  and  empowered  from  time  to  time  to  establish 
such  rules  and  regulations  for  the  disposition,  investment, 
preservation  and  administration  of  the  special  fund  as  they 
may  deem  best.  They  shall  report  in  detail  to  the  Mayor 
and  City  Council  annually  in  the  month  of  October  the  Annual  report 
condition  of  the  special  fund,  and  the  items  of  receipts  and  & a c. 
disbursements  on  account  of  the  same. 


1900,  ch.  266. 

776B.  The  moneys,  securities  and  effects  of  the  special 
fund  and  all  salaries  granted  and  payable  from  said  fund 
shall  be  and  are  exempt  from  execution  and  from  all  process 
and  proceedings  to  enjoin  and  recover  the  same  by  or  on  be- 
half of  any  creditor  or  person  having  or  asserting  any  claims 
against,  or  debt  or  liability,  of  any  sharer  of  said  fund ; 
every  person  who  knowingly  or  wilfully  in  anywise  pro- 
cures the  making  or  presentation  of  any  false  or  fraudulent 


476 


MISCELLANEOUS  LOCAL  LAWS. 


Fraud. 


What  monies 
shall  consti- 
tute the  fund. 


affidavit  or  affirmation  concerning  any  claim  for  a share  or 
payment  thereof,  shall  in  every  case  forfeit  a sum  not 
exceeding  two  hundred  dollars,  to  be  sued  for  and  recovered 
by  and  in  the  name  of  the  said  trustees,  and  when 
recovered  to  be  paid  over  to  and  thereupon  become  a part 
of  the  said  special  fund.  Any  person  who  shall  wilfully 
swear  falsely  in  any  oath  or  affirmation  in  obtaining  or 
procuring  any  shares  or  payment  thereof,  under  the  pro- 
visions of  this  Act,  shall  be  guilty  of  perjury. 


1900,  ch.  266. 

776C.  The  said  special  fund  shall  consist  of  : 

1.  The  capital,  interest,  income,  dividends,  cash  de- 
posit, securities  and  credit  of  the  special  fund  now  in 
existence,  with  additions  thereto  from  time  to  time  of  : 

2.  All  fines  and  forfeitures  imposed  by  the  Board  of 
Police  Commissioners  from  time  to  time  upon  or  against 
any  member  or  members  of  the  police  force  ; and  of  : 

3.  All  rewards,  fees,  gifts,  testimonials  and  emoluments 
that  may  be  presented,  paid  or  given  to  any  member  of  the 
police  force  on  account  of  police  services,  except  such  as 
have  been  or  shall  be  allowed  by  the  Board  of  Police  Com- 
missioners to  be  retained  by  the  said  members,  and  also 
all  gifts  or  bequests  which  may  be  made  to  the  said 
special  fund,  or  to  the  said  Police  Board  as  trustees 
thereof. 

4.  All  lost,  abandoned,  unclaimed,  or  stolen  money  re- 
maining in  possession  of  the  Secretary  of  the  Board  of 
Police  Commissioners  for  the  space  of  one  year,  and  for 
which  there  shall  be  no  lawful  claimant,  and  all  moneys 
arising  from  the  sale  by  the  said  Secretary  or  said  Board 
of  unclaimed,  abandoned,  lost  or  stolen  property,  and  all 
moneys  realized,  derived  or  received  from  the  sale  of  any 
condemned,  unfit  or  unserviceable  property  belonging  to  or 
in  the  possession  or  under  the  control  of  the  Police  De- 
partment, and  of  : 

5.  All  moneys,  pay,  compensation  or  salary  or  any  part 
thereof,  forfeited,  deducted  or  withheld  from  any  member 
or  members  of  the  police  force  on  account  of  absence  for 


POLICE  COMMISSIONERS — SPECIAL  FUND. 


477 


any  cause,  lost  time,  sickness  or  other  disability,  physical 
or  mental,  to  be  paid  monthly  by  the  Treasurer  of  the 
Board  of  Police  Commissioners  to  the  special  fund. 

6.  All  moneys  derived  or  received  from  license,  certifi- 
cates, or  permits,  hereafter  authorized  by  the  Mayor  and 
City  Council  under  the  general  powers  granted  by  Chapter 
123,  of  the  Acts  of  the  General  Assembly  of  Maryland, 
Session  1898,  title  “City  of  Baltimore”,  sub-title  “Char- 
ter”, sub-title  “General  Powers”,  sub-title  “License”, 
which  are  required  to  be  issued  and  collected  by  the  Police 
Department. 

7.  Any  sum  hereafter  allowed  out  of  or  share  of  liquor 
license  moneys  specially  appropriated  to  said  special  fund 
and  derived  from  the  granting  of  licenses  or  permission  to 
sell  strong  or  spirituous  liquors,  ale,  wine  or  beer,  and  such 
sum,  sums,  share  or  shares  shall  be  paid  in  to  the  Treas- 
urer of  the  special  fund  by  the  person  or  officer  having  the 
legal  custody  thereof. 

8.  All  moneys  derived  or  received  from  the  granting  or 
issuing  the  permits,  or  the  giving  of  permission  to  give 
public  dances,  soirees,  masked  balls,  boxing  or  athletic 
contests,  circus  or  tent  shows,  or  any  of  them,  in  the 
City  of  Baltimore  ; also  the  sum  of  five  dollars  for  each  and 
every  permit  granted  by  the  Board  of  Police  Commission- 
ers under  Section  653P,  Chapter  343,  of  the  Acts  of  the 
General  Assembly  of  Maryland,  session  of  1890,  for  the 
sale  of  liquors  at  bona  fide  entertainments. 

9.  A sum  of  money  equal  to  but  not  greater  than  two 
per  centum  of  the  semi-monthly  pay,  salary  or  compensa- 
tion of  each  member  of  the  police  force  entitled  to  partici- 
pate in  the  special  fund,  which  sum  shall  be  deducted 
every  pay  day  by  the  Treasurer  of  the  Board  of  Police 
Commissioners  from  the  pay,  salary  or  compensation  of 
each  and  every  member  of  the  police  force,  and  the  said 
Treasurer  of  said  Board  is  hereby  authorized,  empowered 
and  directed  to  deduct  the  said  sum  of  money  as  aforesaid 
and  forthwith  to  pay  the  same  to  the  Treasurer  of  the 
trustees  of  the  special  fund ; provided,  however,  that  it 
shall  be  optional  with  any  member  of  said  police  force  to 
contribute  the  said  two  per  centum  of  his  salary  as  above 


478 


MISCELL A.NEOUS  LOCAL  LAWS. 


Deficiency  in 
fund. 


How  provided 
for. 


May  receive 
bequests. 


provided,  and  participate  in  the  benefits  of  the  special  fund; 
and  provided  further,  that  no  member  of  said  force  shall 
participate  in  said  special  fund  unless  he  contributes  to 
said  fund  as  aforesaid. 

10.  And  any  and  all  unexpended  balances  of  appropria- 
tion or  amounts  estimated,  levied,  raised  or  appropriated 
for  the  payment  of  salaries  or  compensation  of  members 
of  the  police  force  within  said  City  of  Baltimore  remaining 
unexpended  or  unapplied  after  allowing  all  claims  payable 
therefrom,  said  balances  to  be  paid  to  special  fund  at  any 
time  after  the  expiration  of  the  year  for  which  the  same 
were  made  and  appropriated. 

11.  In  case  the  amount  derived  from  the  different 
sources  mentioned  and  included  in  this  section,  and  from 
the  special  fund,  without  deducting  charges  for  patrol 
services,  police-boat  and  new  station  houses,  shall  not  be 
sufficient  at  any  time  to  enable  the  Board  of  Police  Com- 
missioners to  pay  in  full  the  salaries  which  have  been  or 
may  hereafter  be  granted,  which  said  salaries  shall  at  all 
times  be  a first  charge  on  said  funds,  it  shall  be  the  duty 
of  the  said  Board  each  year  at  the  time  of  making  up  the 
departmental  estimate  to  prepare  a full  and  detailed  state- 
ment of  the  assets  of  said  special  fund,  and  the  amount 
which  is  required  to  pay  in  full  all  such  salaries,  and  to 
present  the  same  to  the  Mayor  and  City  Council  and  the 
Board  of  Estimates,  together  with  a statement  of  the 
amount  of  money  required  to  enable  the  said  Board  of 
Police  Commissioners  to  pay  the  said  salaries  in  full.  It 
shall  be  the  duty  of  the  Mayor  and  City  Council  and  said 
Board  of  Estimates  to  make  an  appropriation  sufficient  to 
provide  for  each  deficiency,  and  the  amount  so  appropriated 
shall  be  included  in  the  tax  levy,  and  the  Comptroller  shall 
pay  over  the  money  to  the  treasurer  of  the  special  fund. 

12.  And  the  said  Board  of  Police  Commissioners,  as 
trustees,  of  the  special  fund,  is  hereby  authorized  and 
empowered  to  take  and  hold  as  trustees  of  such  fund  any 
and  all  gifts  or  bequests  which  may  be  made  to  such  fund. 


POLICE  COMMISSIONERS — SPECIAL  FUND. 


479 


1900,  ch.  269.  1902,  ch,  514.  1906,  ch.  267. 

§776C,a.  No  public  dances,  soirees,  mask  balls,  boxing- 
or  athletic  contests,  or  other  public  entertainment  of  like 
kind,  to  or  for  which  an  admission  fee  shall  be  charged, 
shall  be  held,  given  or  permitted  in  the  City  of  Baltimore,  eS  masked 
except  upon  condition  that  a license  or  permit  fee  of  not  orSheuk”^ 
less  than  $5.00  nor  more  than  $100.00  shall  first  be  paid  to  contests,  etc. 
the  Secretary  of  the  Board  of  Police  Commissioners  who 
are  authorized  to  demand  and  receive  the  same  for  the  p^^mit  fees, 
benefit  of  the  Special  h'und,  provided,  that  nothing  herein 
contained  shall  interefere  with  any  permits  authorized, 
issued  or  collected  by  the  authority  of  the  Mayor  and  City 
Council  of  Baltimore.  Any  person  or  corporation  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a penalty  for  faii- 

1 1 ••  ure  to  secuie 

misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  permit, 
less  than  $5.00  nor  more  than  $100. 00.  Provided,  however, 
that  this  Act  is  not  intended  to  anply  to  regular  dancing  ^ ^ 

11  1 1 • 111  11  1 • Regular  danc- 

schools  where  the  art  is  regularly  taught  and  where  dancing 
parties  are  given  in  connection  with  the  scheduled  classes 
on  stated  nights  from  8 to  12  o’clock  and  where  no  liquors 
are  sold  or  dispensed.  That  all  owners  or  managers  of 
regular  dancing  academies  or  places  used  for  instruction  in 
the  art  of  dancing  shall  pay  an  annual  license  fee  of  five  schools, 
dollars  for  such  privilege. 


1900,  ch.  266. 

776D.  The  Board  of  Police  Commissioners  shall  have 
power  in  its  discretion  to  pay  to  the  widow  of  any  member 
of  said  police  force  within  the  limits  of  said  City  who  shall 
have  been  killed  while  in  the  actual  performance  of  duty,  or 
shall  have  died  in  consequence  of  injuries  received  while  in 
the  discharge  of  duty  an  allowance  until  she  remarries.  Allowance  to 
If  there  be  no  widow,  but  a child  or  children,  then  to  pay 
such  child  or  children  whilst  under  the  age  of  eighteen 
years,  a sum  such  as  parent  would  have  been  entitled  to 
out  of  said  special  fund. 


480 


MISCELLANEOUS  LOCAL  LAWS. 


Salaries  under 
certain  Acts. 


Certificate  of 
disability. 


Pensions  to  re- 
tired police. 


1900,  ch.  266. 

776E.  Salaries  granted  under  Chapter  494*,  of  the  Acts 
of  the  General  Assembly  of  Maryland,  passed  at  the 
January  session  1898,  and  all  other  salaries  granted  by 
special  Acts  shall  be  for  the  natural  life  of  the  retired  or 
disabled  officer,  and  shall  not  be  revoked,  repealed  or 
diminished  except  for  causes  therein  provided. 


1900,  ch.  266. 

776F.  No  member  of  the  police  force,  whether  police- 
man, officer  of  police,  detective,  clerk,  turnkey,  or  in  any 
other  capacity,  shall  be  granted,  awarded  or  paid  a 
retiring  salary  on  account  of  physical  or  mental  disability 
or  diseases,  except  upon  certificates  of  so  many  of  the  police 
surgeons  or  other  competent  and  reputable  physicians  as 
the  Board  of  Police  Commissioners  may  require,  which 
shall  set  forth  the  cause,  nature  and  extent  of  the  disabil- 
ity, disease  or  injury  of  such  member,  shall  be  filed  in  the 
office  of  the  Board,  and  no  member  shall  hereafter  be  retired 
upon  salary  or  be  salaried,  nor  shall  any  money  or  salary 
be  awarded,  granted  or  paid  except  as  provided  in  this 
Chapter,  and  Chapter  494,  of  the  Acts  of  the  General 
Assembly  of  Maryland,  passed  at  the  January  session, 
1898,  any  other  law  to  the  contrary  notwithstanding.  The 
said  Board  of  Police  Commissioners  is  authorized  and 
empowered  to  make  and  adopt  all  such  rules,  orders  and 
regulations  as  are  or  may  be  necessary  to  carry  out  and 
enforce  the  provisions  of  this  Act. 


1886,  ch.  450.  1888,  ch.  306.  P.  L.  L.,  (1888)  Art.  4,  Sec.  756. 

777.  In  addition  to  the  sums  of  money  now  authorized 
by  law  to  be  paid  out  of  the  fund  so  as  above  constituted 
and  designated,  the  said  Board  of  Police  Commissioners  are 
empowered,  whenever,  in  their  opinion,  the  efficiency  of 
the  service  may  require  it,  to  retire  any  officer  of  police, 
policeman,  detective,  clerk  or  turnkey,  appointed  by  them, 
and  pay  him  in  monthly  instalments  out  of  said  fund,  for 

*Note. — Section  756  of  this  Article,  a^ite. 


POLICE  COMMISSIONERS — SPECIAL  FUND.  481 

life,  a sum  of  money  not  to  exceed  one-half  of  the  amount 
of  money  monthly  paid  to  him  as  such  officer  of  police, 
policeman,  detective,  clerk  or  turnkey  at  the  time  of  his 
said  retirement ; provided,  however,  he  shall  have  served  ^ 
faithfully  not  less  than  sixteen  years  as  such  officer  of 
police,  policeman,  detective,  clerk,  turnkey,  or  shall  have 
been  permanently  disabled  in  the  discharge  of  his  duty  as 
such  officer  of  police,  policeman,  detective,  clerk  or 
turnkey ; and  the  said  Board  shall  in  all  cases,  before 
making  such  retirement,  procure  and  file  among  their 
records  a certificate  signed  by  a majority  of  the  physicians 
appointed  by  the  Board  of  Police  Commissioners  as 
physicians  of  the  Police  Department,  that  the  person 
proposed  to  be  retired  has  been  thoroughly  examined  by 
them,  and  that  he  is  incapable  of  performing  active  police 
duty ; and  the  said  Board  of  Police  Commissioners  shall 
have  power,  in  their  discretion  to  suspend  payment  to  any 
such  officer  of  police,  policeman,  detective,  clerk  or  turnkey 
for  a term  not  to  exceed  three  months  for  the  first  offence, 
for  the  second  offence  for  a term  not  to  exceed  six  months,  uvilS 
and  for  the  third  offence,  any  such  officer  of  police, 
policeman,  detective,  clerk  or  turnkey  shall  be  subject  to 
dismissal,  upon  proof  given  that  the  said  officer  of  police, 
policeman,  detective,  clerk  or  turnkey,  is  living  an 
improper  or  immoral  life.  * 


1906,  ch.^456. 

777A.  The  said  Board  of  Police  Commissioners  are  conditions  un- 
hereby  authorized,  empowered  and  directed  to  include  the  pou^^m?- 
Superintendent  of  Matrons  and  the  Matrons  of  the  several  made  bene- 
station  houses  of  Baltimore  City  within  the  provisions  of  said  fund. 
Section  777  of  this  Article  so  that  they  may  enjoy  the 
same  rights  and  privileges  and  benefits,  subject  to  the 
same  limitations  and  conditions  as  are  therein  prescribed 
and  conferred  for  the  retiring  of  the  members  of  the 
Police  Force  for  the  said  City  of  Baltimore ; provided, 
however,  that  the  said  Superintendent  of  Matrons  and  the 


‘Noth. — See  Section  756,  ante. 


482 


MISCELLANEOUS  LOCAL  LAWS. 


Secretary  and 
Assistant 
Secretary 
of  Board  also 
to  participate 
in  benefits 
said  fund. 


Appropriation 
for  relief  of 
members  of 
force  and  for 
relief  of  wid- 
ows and  chil- 
dren. 


Matrons  of  the  several  station  houses  of  Baltimore  City 
within  the  provisions  of  Section  777  of  this  Article  shall 
pay  into  the  Special  Fund  the  sum  of  ten  dollars  ($10.00) 
per  annum  for  the  next  succeeding  three  years  in  addition 
to  the  regular  percentage  required  under  the  special 
pension  Act. 


1906,  ch.  777. 

777B.  The  said  Board  of  Police  Commissioners  are 
hereby  authorized,  empowered  and  directed  to  include,  the 
Secretary  of  the  Board,  and  the  Assistant  Secretary  of  the 
Board,  within  the  provisions  of  Section  777  of  this  Article, 
so  that  they  may  enjoy  the  same  rights  and  privileges  and 
benefits  subject  to  the  same  limitations  and  conditions,  as 
are  therein  prescribed  and  conferred  for  the  retiring  of  the 
members  of  the  Police  force  for  the  said  City  of  Baltimore, 
provided,  however  that  the  Secretary  shall  first  contribute 
the  sum  of  three  hundred  dollars,  payable  in  three  annual 
installments  of  one  hundred  dollars  each  or  all  cash  at  his 
option  to  the  said  “Special  Fund,’^  hereinbefore  provided 
for,  and  the  Assistant  Secretary  to  the  Board  the  sum  of 
one  hundred  and  fifty  dollars  payable  in  the  same  manner. 


1900,  ch.  263. 

§777B,a.  The  Mayor  and  City  Council  of  Baltimore 
shall,  upon  the  request  of  the  Board  of  Police  Commissioners 
of  the  City  of  Baltimore,  appropriate  annually  a sum  of 
money  for  the  relief  of  disabled  and  superannuated  mem- 
bers of  the  Police  force  of  Baltimore  City,  and  for  the 
relief  of  Widows  and  Children  of  Policemen  who  may  be 
killed  in  the  discharge  of  duty,  whenever  the  special  fund 
of  said  Board  of  Police  Commissioners  is  not  sufficient  for 
the  payments  authorized  by  and  under  the  Acts  of  the 
General  Assembly  heretofore  passed. 


P.  L.  L.,  (1888)  Art.  4,  Sec.  756A.  1892,  ch.  356. 

778.  The  Board  of  Police  Commissioners  for  the  City 
of  Baltimore  are  authorized  to  pay  out  of  the  special  fund 


POLICE  COMMISSIONERS — SPECIAL  FUND. 


483 


mentioned  in  section  776  of  this  Article,  the  cost  of  the 
maintenance  and  operation  of  the  police  patrol  boat  recently 
built,  and  manned  by  said  Board  under  authority  conferred 
by  law  on  said  Board,  including  therein  the  wages  of  engi- 
neers and  firemen  of  said  boat ; and  said  Board  are  author- 
ized  to  appoint  on  its  force  two  officers  for  said  boat,  who 
shall  be  styled  commander  and  first  officer,  respectively,  of 
the  police  patrol  boat,  and  shall  have  the  rank  and  pay  of 
Lieutenants  of  Police  of  the  City  of  Baltimore. 


1892,  ch.  356.  P.  L.  L.,  (1888)  Art.  4,  Sec.  756B. 

779.  The  Board  of  Police  Commissioners  for  the  City 
of  Baltimore  are  hereby  authorized,  out  of  the  special  fund 
mentioned  in  section  776  of  this  Article,  to  pay  the  pur- 
chase  money  oi  the  ground  needed  for  the  erection  of  houses, 
station  houses  hereafter  required  for  the  uses  of  said 
Board,  and  also  the  cost  of  the  erection  and  repair  of  said 
station  houses. 


1892,  ch.  1.  P.  L.  L.,  (1888)  Art.  4,  Sec.  756D. 

780.  The  Board  of  Police  Commissioners  for  the  City 
of  Baltimore  are  hereby  authorized  and  directed  to  pay  to 
James  M.  Moore,  a retired  patrolman  of  the  police  force  of 
Baltimore  City,  out  of  a fund  in  the  hands  of  said  Board 
of  Police  Commissioners  known  and  accounted  for  as  the 
special  fund,  the  sum  of  twelve  dollars  per  week  for  his 
life,  in  lieu  of  the  sum  of  six  dollars  per  week  now  paid 
said  James  M.  Moore  by  said  Board  of  Police  Commission- pension  to 
ers,  under  and  by  authority  of  an  Act  of  the  General 
Assembly  of  Maryland  (Chapter  459,  Laws  of  Maryland, 
eighteen  hundred  and  eighty-six),  entitled  “An  Act  to  de- 
fine a fund  of  money  now  in  the  hands,  or  which  under 
existing  laws  may  come  into  the  hands,  of  the  Board  of 
Police  Commissioners  for  the  City  of  Baltimore,  and  to 
provide  for  its  application,^’  approved  April  7th,  eighteen 
hundred  and  eighty-six. 


484 


MISCEIvLANEOUS  EOCAt  LAWS. 


Long  Bridge. 

1892,  ch.  356.  P.  E.  L.,  (1888)  Art.  4.  Sec.  756c. 

jurisdiction  and  authority  of  the  Board  of 
Bridge.  Police  Commissioners  for  the  City  of  Baltimore  is  hereby 
declared  to  extend  to  and  over  the  bridge  across  the 
Patapsco  river,  known  as  the  Long  Bridge  or  Light  Street 
Bridge  ; and  said  Board  and  their  police  force  shall  on  and 
under  said  bridge,  preserve  the  public  peace,  prevent 
crime,  arrest  offenders,  protect  the  rights  of  persons  and 
property,  and  prevent  and  remove  nuisances ; provided, 
however,  that  if  any  crime  be  actually  committed  by  any 
person  who  shall  be  arrested  by  said  police,  the  offender 
shall  be  delivered  to  the  proper  jurisdiction  for  trial  and 
punishment. 

Telegraph  to  House  of  Correction. 

1882,  ch.  156.  P.  L.  L.,  (1888)  Art.  4,  Sec.  757. 

Mayor  and  City  782.  The  Mayor  and  City  Council  of  Baltimore  shall 
keep  and  maintain,  at  their  own  proper  cost  and  expense, 
the  line  of  telegraph  from  the  House  of  Correction,  in 
Anne  Arundel  County,  to  the  police  headquarters  in  Balti- 
more City,  transferred  to  them  by  the  Board  of  Public 
Works,  and  are  invested  with  all  the  rights  and  privileges 
granted  to  telegraph  companies  under  the  General  Incor- 
poration Laws  of  the  State  in  the  working  and  maintenance 
of  this  line. 

Thieves  and  Pickpockets. 

1864,  ch.  38.  P.  L.  E.,  (1888)  Art.  4,  Sec.  758. 

783.  It  shall  be  the  duty  of  all  police  officers  in  Balti- 
Arrest  of.  at  more  City  to  arrest  and  take  before  some  one  of  the  station 
public  places,  house  Justices  in  Baltimore  City,  all  persons  whom  they 
shall  find  in  any  passenger  railway  car,  or  in  or  about  any 
railway  depot  in  Baltimore  City,  or  in  any  place  of  public 
amusement,  or  in  any  street  of  the  City,  who  they  shall 
know  or  have  good  reason  to  believe  are  common  thieves 
or  pickpockets,  and  said  Justices  shall  commit  or  bail  such 


POLICE  COMMISSIONERS — THIEVES  AND  PICKPOCKETS. 


485 


person  for  trial  before  the  Criminal  Court ; and  if  any  per- 
son in  Baltimore  City  shall  be  charged  on  oath  before  any 
station  house  Justice  of  the  Peace  in  Baltimore  City,  or 
before  the  Judge  of  the  Criminal  Court,  with  being  a com- 
mon thief  or  pickpocket,  such  Justice  or  Judge  shall  issue 
a warrant  for  the  arrest  of  such  person,  and  commit  or 
bail  him  for  trial ; and  any  person  convicted  in  the  Crimi- 
nal Court  of  Baltimore  of  being  a common  thief  or  common 
pickpocket,  shall  be  imprisoned  in  jail  not  more  than  two^^"^^‘^- 
years  nor  less  than  six  months,  and  be  fined  not  more  than 
one  hundred  dollars  ; but  if  any  person  is  arrested  a second 
time,  or  more,  for  such  offence,  he  shall  be  convicted  only 
on  proof  that  he  has  continued  to  be  a common  thief  or  common 

• 1 1 r*  1 • 1 • 1 • • thieves. 

pickpocket  tor  at  least  one  month  since  his  last  conviction 
or  acquittal,  and  it  shall  be  necessary  to  charge  in  the 
indictment  only  that  the  person  is  a common  thief  or  com- 
mon pickpocket ; and  any  evidence,  either  of  facts  or  repu- 
tation proving  that  such  person  is  habitually  and  by  practice 
a thief  or  pickpocket  shall  be  sufficient  for  his  conviction, 
if  satisfactorily  establishing  the  fact  to  the  court  or  jury 
by  whom  he  is  tried ; and  there  shall  be  no  discretion  in  justice 
any  police  officer  or  Justice  of  the  Peace  to  discharge  or 
release  any  person  who  is  by  such  proof  before  them,  or 
knowledge  on  their  part,  shown  to  be  a thief  or  pickpocket 
as  aforesaid,  but  such  person  shall  be  bailed  or  committed 
for  trial,  and  no  conviction  or  charge  of,  or  for  being  a 
common  thief  or  pickpocket,  shall  prevent  any  such  person 
from  being  tried  and  convicted  for  any  particular  act  of 
larceny  he  may  have  committed. 

World  V.  State,  50  Md.  49. 


1864,  cli.  38.  P.  L.  L.,  (1888)  Art.  4.  Sec.  759. 

7 84.  If  any  person  shall  be  arrested  at  any  place  on  the  Arrests  of,  on 
line  of  the  Baltimore  and  Ohio  Railroad,  or  on  the  line  of  the  p^mTse^s 
Northern  Central  Railroad,  or  on  the  line  of  the  Philadelphia, 
Wilmington  and  Baltimore  Railroad,  or  in  any  of  the  cars 
or  depots,  or  at  any  of  the  stations  on  said  roads,  or  on 
any  ferry-boat  employed  to  carry  passengers  over  any  part 
of  said  road,  and  within  the  limits  of  this  State,  charged 


486 


MISCKIvLANKOUS  LOCAI,  LAWS. 


Bail,  trial,  etc. 


Police  and  em 
ployes  to 
make  arrests 


Proof  and 
penalty. 


Misdemeanor 
to  imperson- 
ate police- 
man. 


with  being  a common  thief  or  pickpocket,  such  person  may 
be  taken  before  any  Justice  of  the  Peace  of  the  county  in 
which  said  place  or  depot  or  station  may  be  situated  ; or  if 
such  person  be  arrested  in  any  car,  or  on  any  ferry-boat, 
before  any  Justice  of  the  Peace  of  the  nearest  convenient 
county  or  any  station  house  Justice  of  the  City  of  Balti- 
more ; and  such  Justice  shall,  on  proof,  as  provided  in  the 
preceding  section,  commit  or  bail  such  person  for  trial 
before  the  Circuit  Court  of  the  county  or  the  Criminal 
Court  of  Baltimore,  as  the  case  may  be ; and  all  police 
officers  of  Baltimore  City,  and  all  conductors  of  trains  and 
■ police  employed  by  any  of  said  railway  companies,  and  all 
• constables  and  bailiffs  of  any  county  or  city  on  the  lines  of 
said  road,  shall  arrest  all  such  persons  at  any  of  the  places 
aforesaid,  on  the  same  knowledge  and  proof  of  their  being 
common  thieves  or  pickpockets  as  provided  in  the  preceding 
section,  and  the  said  Justice  shall  commit  or  bail  such  person 
on  the  same  knowledge  or  proof ; and  any  person  convicted 
in  any  county  on  the  line  of  said  roads  of  being  a common 
pickpocket,  shall  be  punished  by  a fine  or  imprisonment  in 
the  jail  of  the  county  for  the  same  time  and  in  the  same 
amount  as  provided  in  the  preceding  section ; and  all  the 
provisions  of  the  preceding  section  shall  apply  to  all  cases 
under  this  section,  except  so  far  as  altered  by  this  section. 


Personating  Policemen. 

1890,  ch.  504.  P.  L.  L.,  (1888)  Art.  4,  Sec.  759A.  1902,  ch.  319. 

785.  It  shall  be  a misdemeanor,  punishable  by  imprison- 
ment in  the  jail  of  Baltimore  City  for  not  more  than  one 
year,  or  by  fine  of  not  less  than  five  dollars  for  any  person 
not  a member  of  the  police  force  of  Baltimore  City, 
sheriff  or  deputy  sheriff  of  Baltimore  City,  to  falsely  repre- 
sent himself  as  being  such  member,  sheriff  or  deputy 
sheriff  with  fraudulent  design  upon  person  or  property, 
or  upon  any  day  or  at  any  time  to  have,  use,  wear  or 
display,  without  the  authority  of  the  Board  of  Police 
Commissioners  or  sheriff  of  Baltimore,  any  shield,  button, 
wreath,  number  or  any  other  insignia  or  emblem  of  office 


PRATT  FREE  LIBRARY. 


487 


such  as  are  worn  by  the  police  force,  sheriff  or  deputy 
sheriff  of  said  City. 


New  Station  Houses. 

1892,  ch.  185.  P.  L.  L.,  (1888)  Art.  4,  Sec.  759A. 

786.  The  Board  of  Police  Commissioners  are  authorized 
and  empowered  to  purchase  or  lease  ground  in  the  twenty- 
first  and  twenty-second  wards  in  the  City  of  Baltimore,  or  ground  for.  in 
either  of  them,  as  may  be  suitable  in  their  judgment  for 
the  erection  of  a station  house  or  houses  thereon,  and 
they  are  hereby  authorized  and  empowered  to  have 
erected  thereon  such  station  house  or  houses  as  they  may 
deem  suitable  and  proper. 


1892,  ch.  185.  P.  E.  E.,  (1888)  Art.  4,  Sec.  759B. 

787.  The  title  to  said  lot  of  ground  and  the  improve- 
ments thereon,  shall  be  vested  in  the  Mayor  and  City  Title  to  ground. 
Council  of  Baltimore  City. 


1892,  ch.  185.  P.  E.  E.,  (1888)  Art.  4,  Sec.  759C. 

788.  The  purchase  of  said  ground,  and  the  cost  of  to  pay  for  from 
erection  of  said  station-house  or  station-houses,  shall  be 
paid  by  the  said  Board  of  Police  Commissioners  out  of  their 
special  fund. 


PRATT  FREE  LIBRARY. 

1882,  ch.  181.  P.  E.  E.,  (1888)  Art.  4,  Sec.  760. 

789.  It  shall  be  the  duty  of  the  Mayor  to  appoint  a 
visitor,  who  shall,  as  often  as  once  a year,  examine  the 
books  and  accounts  of  the  Trustees  of  the  ‘ ‘Enoch  Pratt  ^5? vfsitir?^ 
Free  Library  of  Baltimore  City'\  and  make  a report 
thereof  to  the  Mayor  and  City  Council  of  Baltimore  ; and 
said  Mayor  and  City  Council  shall,  in  case  of  any  abuse  of 
their  powers  by  said  Trustees  or  their  successors,  have  the 
right  to  resort  to  the  proper  courts  to  enforce  the  perform- 
ance of  the  trust  imposed  on  them. 


488 


MISCELLANEOUS  LOCAL  LAWS. 


To  receive 
bequests. 


Exempt  from 
taxes. 


Safety  gates  a 
street  cross- 
ings. 


1900,  ch.  221. 

§789a.  The  Enoch  Pratt  Free  Library  of  Baltimore 
City  is  hereby  empowered  to  receive  any  gifts,  bequests, 
devise  or  conveyance  of  real  or  personal  property,  which 
may  be  made  to  it  or  to  its  Trustees,  and  to  hold  the  title 
to  said  property,  and  from  time  to  time  convey  the  same 
by  deed  or  otherwise,  according  to  the  nature  thereof,  to 
the  Mayor  and  City  Council  of  Baltimore,  for  the  use  of 
said  library,  so  that  the  title  thereto  shall  be  vested  in  the 
said  Mayor  and  City  Council  of  Baltimore,  in  the  like 
manner  and  for  the  same  uses  as  the  property  mentioned 
in  the  original  Act  incorporating  said  library,  passed  at  the 
January  Session,  1882,  Chapter  one  hundred  and  eighty- 
one,  subject  to  the  same  management  and  control. 


1882,  ch.  181.  P.  L.  L.,  (1888)  Art.  4,  Sec.  761. 

790.  The  real  estate  and  personal  property  vested  in 
said  Mayor  and  City  Council  by  virtue  of  the  Acts  of  1882, 
chapter  181,  authorizing  the  establishing  of  the  Enoch 
Pratt  Free  Library  of  Baltimore  City,  and  to  become  vested 
by  future  purchases  under  the  provisions  of  said  Act,  and 
the  funds  and  franchises  of  the  ‘ ‘Enoch  Pratt  Free  Library 
of  Baltimore  City,’’  shall  be  exempt  from  all  State  and 
municipal  taxes,  forever. 


RAILROADS. 

Safety  Gates. 

1884  ch.  420.  P.  L.  L.,  (1888)  Art.  4,  Sec.  763. 

791.  All  railroad  companies  whose  tracks  cross  any 
street  in  Baltimore  City  at  grade,  are  required  to  place, 
erect  and  keep  in  operation  and  repair,  safety  gates  at  all 
such  street  crossings  in  said  City,  which  said  gates  shall  be 
closed  on  the  approach  of  any  and  every  train  of  cars  or 


RAILROADS — STOP-OVER  PRIVILEGES. 


489 


locomotive,  and  kept  closed  until  the  said  cars  or  locomo- 
tive have  completely  passed  said  street  crossings. 

Textor  v.  B.  & O.  R.  R.  Co.,  59  Md.  63.  *B.  &0.  R.  R.  Co.  v.  Stumpf, 

97.  Md.  89.  *Jenkins  v.  B.  & O.  R,  R.  Co.,  98  Md.  404.  also,  N. 

C.  Ry.  Co.  V.  Gilmore,  100  Md.  404. 


1884,  ch.  420.  P.  L.  L.,  (1888)  Art.  4,  Sec.  764. 

792.  Any  railroad  company  violating  the  provisions  of 
the  foregoing  section  shall  be  liable  to  a fine  of  fifty  penalty, 
dollars  for  each  crossing,  and  for  every  day  on  which  said 
safety  gates  are  neglected  to  be  erected  or  operated  ; said 
fine  to  be  collected  as  other  fines  are  now  collected. 


1902,  ch.  615,  Sec.  1. 

§792a.  No  railroad  company  incorporated  by  or  under 
the  authority  of  this  State,  or  doing  business  therein,  shall 
issue,  sell  or  receive  tickets  for  passage  through  the  City 
of  Baltimore,  or  make  agreement  or  agreements  with  any 
other  railroad  company  or  companies  outside  of  this  State  ^SS?d^haii 
to  issue  or  sell  tickets  for  passage  over  their  respective  aftlched.^°“ 
lines  through  the  City  of  Baltimore,  unless  there  is  a 
coupon  on  said  ticket  for  passage  from  a given  place  in  or 
out  of  this  State  to  the  City  of  Baltimore,  and  another 
coupon  on  said  ticket  from  the  City  of  Baltimore  to  a given 
place  in  or  out  of  this  State. 


1902,  ch.  615,  Sec.  2. 

§792b.  In  issuing  or  selling  all  tickets  for  passage  in 
this  State  through  the  City  of  Baltimore,  or  making  agree- 
ments with  other  railroad  companies  outside  of  this  State  ® 
to  issue  or  sell  tickets  for  passage  through  the  City  of  granted. 
Baltimore,  the  said  tickets  shall  permit  the  holders  thereof 


Memorandum. — In  the  recent  case,  Klein  v.  U.  Rys.  & Electric  Co., 
Daily  Record,  January  4,  1906,  it  was  held  that  the  use  of  large  cars 
swinging  2 feet  2 inches  over  the  sidewalk,  is  not  an  unlawful  use  and 
does  not  interfere  with  access  to  property  of  abutting  owner,  and  is  not 
an  additional  servitude. 


490 


MISCKIvIvANEOUS  EOCAIv  eaws. 


Must  stop  at 
least  three 
minutes  at 
principal 
station. 


Penalty  for 
violation. 


lyimited  to 
twelve. 


to  a stop-over  privilege  of  at  least  forty-eight  (48)  hours 
in  the  City  of  Baltimore  ; provided,  that  nothing  in  this 
section  shall  prohibit  railroad  companies  from  issuing  and 
selling  tickets  without  this  stop-over  privilege  in  the  City 
Baltimore,  for  special  occasions,  when  the  tickets  for 
passage  are  good  only  on  excursion  trains  not  on  the 
regular  schedule  of  the  railroad. 


1902,  ch.  615,  Sec.  3. 

§792c.  All  passenger  trains  passing  through  the  City 
of  Baltimore  must  stop  at  least  three  minutes  at  the 
principal  station  of  the  company  operating  said  trains,  and 
the  stoppage  of  all  trains  must  be  announced  in  such  manner 
as  will  give  passengers  ample  opportunity  to  get  off. 

1902,  ch.  615,  Sec.  4. 

§792d.  Any  manager,  officer,  agent,  conductor,  or 
employe,  who  shall  violate  any  of  the  provisions  of  this 
Act  shall  be  guilty  of  a misdemeanor  and  upon  indictment 
and  conviction  thereof  shall  be  fined  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars  for 
each  offense,  one-half  of  said  fine  to  go  to  the  informer. 

Hours  of  Labor. 

1886,  ch.  163.  P.  Iv.  Iv.,  (1888)  Art.  4,  Sec.  765. 

793.  No  street  railway  company  incorporated  under 
the  laws  of  this  State,  and  no  officer,  agent  or  servant  of 
such  corporation,  and  no  person  or  firm  owning  or  operating 
any  line  or  lines  of  street  railways  within  the  limits  of  this 
State,  and  no  agent  or  servant  of  such  firm  or  person  shall 
require,  permit  or  suffer  its,  his  or  their  conductors  or 
drivers,  or  any  of  them,  or  any  employes  in  its,  his  or 
their  service,  or  under  his,  its  or  their  control,  to  work 
more  than  twelve  hours  during  each  or  any  day  of  twenty- 
four  hours,  and  shall  make  no  contract  or  agreement  with 
such  employes,  or  any  of  them,  providing  that  they  or  he 
shall  work  for  more  than  twelve  hours  during  each  or  any 
day  of  twenty-four  hours. 


RAILROADS — STREET  RAILWAY  FARES. 


491 


1886,  ch.  163.  P.  L.  E.,  (1888)  Art.  4,  Sec.  766. 

794.  Any  corporation  which  shall  in  any  manner  violate 
any  of  the  provisions  of  the  preceding  section  shall  be 
deemed  to  have  misused  or  abused  its  corporate  powers 
and  franchises,  and  the  Attorney-General  of  the  State,  Attorney  Gen- 

..  TT  ...  « eral  to  pro- 

upon  the  application  m writing,  made  by  any  citizen  oi 
this  State,  accompanied  by  sufficient  proof  of  such  viola-  violation, 
tion,  shall  forthwith,  without  further  authorization,  insti- 
tute proceedings  for  the  forfeiture  of  the  charter  of  such 
corporation,  by  petition  in  the  name  of  the  State,  in  the 
manner  provided  by  the  laws  of  this  State  for  the  enforce- 
ment of  the  forfeiture  of  the  charter  of  any  corporation 
which  has  abused  or  misused  its  corporate  powers  or 
franchises. 


1886,  ch.  163.  P.  L.  L.,  (1888)  Art.  4,  Sec.  767. 

795.  If  any  corporation,  or  any  officer,  agent  or  servant 
of  such  corporation,  or  any  person  or  any  firm  managing 
or  conducting  any  street  railway  in  this  State,  or  any 
agent  or  servant  of  such  person  or  firm,  shall  do  any  act  in 
violation  of  the  provisions  of  section  793,  it,  he  or  they 
shall  be  deemed  to  have  been  guilty  of  a misdemeanor,  and 
shall,  on  conviction  thereof  in  a court  of  competent  juris- 
diction, be  fined  one  hundred  dollars  for  each  offence  so 
committed,  together  with  the  costs  of  such  prosecution. 


Street  Railway  Fares. 

1882,  ch.  229.  P.  L.  L.,  (1888)  Art.  4,  Sec.  768.  1900,  ch.  313. 

796.  The  United  Railways  & Electric  Company  of 
Baltimore,  its  successors  and  assigns,  shall  charge  five 
cents,  and  no  more,  as  a fare  for  the  conveyance  of  each 
passenger  over  twelve  years  of  age,  and  three  cents,  and  Rate*  of  fare, 
no  more,  for  each  child  between  the  ages  of  four  and 
twelve  years,  from  any  point  on  any  of  its  lines  to  any  other 
point  on  such  lines  within  the  City  of  Baltimore  ; provided, 
that  such  Company  shall  give  a free  transfer,  when  the 
same  shall  be  requested,  upon  the  payment  of  each  cash 


492 


MISCEI.I.ANKOUS  EOCAE  LAWS. 


Tax  on  gross 
receipts. 


Board  may  e 
amine  ac- 
counts of 
Railway 
Companies. 


fare,  which  transfer  shall  be  good  at  all  points  of  inter- 
section of  lines  of  said  railway  for  a continuous  ride,  except 
at  such  points  on  said  lines  where  such  form  a route  so  as 
to  permit  a passenger  to  return  in  the  same  general  direc- 
tion of  the  line  upon  which  the  transfer  was  issued,  the 
privilege  of  transfer  not  to  apply  to  the  terminus  of  any 
line  or  route ; provided,  that  nothing  in  this  Act  shall  be 
construed  to  affect  any  of  the  interests  of  the  Mayor  and 
City  Council  of  Baltimore  in  the  said  United  Railways  and 
Electric  Company  of  Baltimore ; or  any  of  the  railways 
consolidated  under  the  corporate  name. 

Garrison  v.  U.  Rys.  Co.,  97  Md.  350. 


Park  Tax, 

1882,  ch.  229.  P.  E.  L.,  (1888)  Art.  4.  Sec.  769. 

797.  The  said  several  passenger  street  railway  com- 
panies shall  pay  to  the  Mayor  and  City  Council  of  Baltimore, 
a tax  upon  their  gross  receipts  of  nine  per  cent.,  in 
quarterly  instalments,  on  the  first  day  of  January,  April, 
July  and  October,  in  each  year. 

Union  Pass.  Ry.  Co.  Baltimore,  71  Md.  238.  Park  Tax  Case,  84  Md.  1. 


P.  L.  L.,  (1888)  Art.  4.  Sec.  769A.  1894,  ch.  550. 

798.  The  Board  of  Park  Commissioners,  or  any  agent 
or  agents  of  the  said  Commissioners,  authorized  in  writing 
by  a certificate  signed  by  the  president  and  secretary 
thereof,  shall  have  authority  and  power  from  time  to  time, 
and  at  any  time  the  said  Board  of  Park  Commissioners  see 
fit,  to  make  examination  of  the  books,  accounts  and  car 
fare  registers  of  any  or  all  of  the  street  railway  companies 
in  the  City  of  Baltimore,  for  the  purpose  of  satisfying  said 
Board  of  Park  Commissioners  that  returns  of  the  “park 
tax’^  are  fairly  and  correctly  made  by  said  companies,  and 
by  each  and  every  one  of  them ; and  any  street  railway 
company  whose  officers  shall  neglect  or  refuse,  on  demand 
of  said  Board  of  Park  Commissioners,  to  permit  the  said 


RAILROADS — PARK  TAX. 


493 


Commissioners  or  any  agent  or  agents  of  said  Commis- 
sioners authorized  in  writing  as  above  prescribed,  to  at 
any  time  inspect  its  said  books,  accounts  and  carfare 
registers  or  any  of  them,  shall  forfeit  and  pay  a fine  of 
one  hundred  dollars  for  each  and  every  day  it  shall  so 
neglect  or  refuse  to  comply  with  such  demand ; said  pen- 
alty to  be  collected  by  an  action  of  debt  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore. 

Park  Tax  Case,  84  Md.  1. 


P.  L.  h.,  (1888)  Art.  4,  Sec.  769B.  1894,  ch.  550. 

799.  On  default  of  any  of  the  street  railway  companies 
operating  street  railway  lines  within  the  present  City 
limits,  in  the  payment  of  the  park  tax  of  nine  per  centum 
of  the  gross  receipts  from  all  street  railway  lines  within  ^ 
the  present  City  limits,  for  the  term  of  ten  days  after  the  park  tax. 
expiration  of  any  quarter,  the  company  or  companies  so  in 
default  shall  pay  a penalty  at  the  rate  of  thirty  per  cent, 
per  annum,  on  the  amount  due  from  it,  for  the  time  it 
shall  continue  in  default ; said  penalty  to  be  recovered  by 
an  action  of  debt,  in  the  name  of  the  Mayor  and  City 
Council  of  Baltimore. 

Park  Tax  Case,  84  Md.  1. 


P.  L.  L.,  (1888)  Art.  4,  Sec.  769C.  1894,  ch.  550. 

800.  If  any  officer,  agent  or  employe  of  any  street 
railway  company  within  the  City  of  Baltimore  shall  know- 
ingly, wilfully  and  corruptly  certify  to  the  Board  of  Park  certifica- 
Commissioners  a less  sum  than  is  actually  due  as  the  park  tip"- 
tax  of  nine  per  centum  of  the  gross  receipts  from  the  lines 
of  such  company  within  the  City  limits,  he  shall  be  guilty 
of  a misdemeanor,  and  on  conviction  thereof  shall  suffer 
imprisonment  for  not  more  than  six  months  in  jail,  or  pay 
a fine  of  not  more  than  one  thousand  dollars,  or  both,  in 
the  discretion  of  the  Court. 


Park  Tax  Case,  84  Md.  1. 


494 


MISCEl<I.ANKOUS  EOCAL  LAWS. 


Railway  Easements  in  Annex. 

1906,  ch.  566,  Sec.  1. 

^mSificatSn  §800a.  In  the  event  that  the  existing  street  railway, 
the^ewn^Sf  “ easements,  interests  or  rights  of  the  United 

tkf/S'"the  Railways  and  Electric  Company  of  Baltimore  in  any  of  the 
eilements^'”  ^oads  within  the  limits  of  that  part  of  Baltimore  City 
by  known  as  the  annex  as  to  which  roads  the  said  Street 

Railway  Company  is  not  legally  liable  to  the  payment  of 
strSJte  in  the  tax  hereinafter  mentioned  or  in  any  part  or  parts  of 

^veStVsaid  said  roads  or  any  of  them,  shall  in  any  manner,  be  acquired 
Sny  Mayor  and  City  Council  of  Baltimore  pursuant  to 

chfsSYn  sSd  the  authority  conferred  upon  it  by  Chapter  274  of  the  Acts 
streets.  General  Assembly  of  Maryland  for  the  year  1904 

and  ordinance  of  the  Mayor  and  City  Council  of  Baltimore 
No.  216,  approved  March  11,  1905,  or  by  any  other  laws  or 
ordinances  relating  to  the  powers  and  duties  of  the  Commis- 
sioners for  Opening  Streets  under  said  Acts  and  application 
or  applications  shall  afterwards  be  made  by  the  United 
Railways  and  Electric  Company  of  Baltimore,  to  the  Mayor 
and  City  Council  of  Baltimore,  subject  to  the  provisions  of 
Sections  7-12  both  inclusive  and  Section  37  of  Article  4, 
entitled  “City  of  Baltimore^  ^ of  the  Code  of  Public  Local 
Laws  of  Maryland,  for  the  franchise  or  right  to  use  the 
beds  of  said  roads,  or  any  of  them,  for  its  railway  lines, 
and  the  ordinance  or  ordinances,  making  said  application, 
or  applications,  shall  be  duly  passed  by  the  Mayor  and 
City  Council  of  Baltimore,  then  with  the  consent  of  the 
Board  of  Estimates,  expressed  in  said  ordinance  or  ordi- 
nances, the  park  tax  of  nine  per  centum  upon  the  gross 
receipts  of  passenger  street  railway  companies  in  the  City 
of  Baltimore,  now  prescribed  and  regulated  by  Sections 
797-800  both  inclusive,  of  Article  4,  entitled  “City  of 
Baltimore’'  of  the  Code  of  Public  Local  Laws  of  Maryland 
shall  as  to  the  bed  or  beds  of  the  public  highway  or  high- 
ways covered  by  said  ordinance  or  ordinances,  and  for  the 
period  of  eleven  years  accounting  from  the  date,  or 
respective  dates  of  passage  of  said  ordinance,  or  ordinances, 
be  payable  and  paid  by  the  said  United  Railways  and 
Electric  Company  of  Baltimore,  its  successors  and  assigns 


RAILROADS— RAILWAY  EASEMENTS  IN  ANNEX. 


495 


to  the  Mayor  and  City  Council  of  Baltimore  as  follows  : 
for  the  first  three  years  of  said  period  of  eleven  years  the 
gross  receipts  of  said  Company  from  its  lines  on  the  bed  or 
beds  of  the  public  highway  or  highways  covered  by  said 
ordinance,  or  ordinances,  shall  be  exempt  from  said  park 
tax  as  at  present,  for  the  fourth  year  of  said  period  of 
eleven  years  they  shall  be  subject  to  said  park  tax  at  the 
rate  of  one  per  centum,  for  the  fifth  year  to  said  park  tax 
at  the  rate  of  two  per  centum,  for  the  sixth  year  to  said 
park  tax  at  the  rate  of  three  per  centum,  for  the  seventh 
year  to  said  park  tax  at  the  rate  of  four  per  centum,  for 
the  eighth  year  to  said  park  tax  at  the  rate  of  five  per 
centum,  for  the  ninth  year  to  said  park  tax  at  the  rate  of 
six  per  centum,  for  the  tenth  year  to  said  park  tax  at  the 
rate  of  seven  per  centum,  for  the  eleventh  year  to  said 
park  tax  at  the  rate  of  eight  per  centum,  and  thereafter 
to  said  park  tax  at  the  general  rate  of  nine  per  centum 
each  year,  as  now  prescribed  and  regulated  as  aforesaid 
by  Sections  797-800,  both  inclusive,  of  Article  4,  entitled 
“City  of  Baltimore,’'  of  the  Code  of  Public  Local  Laws  of 
Maryland,  or  at  such  other  rate  or  rates  as  may  be  here- 
after prescribed  by  law ; provided,  however,  that  the 
franchise  or  right  so  granted  to  the  United  Railways  and  Franchises 
Electric  Company  of  Baltimore,  its  successors  and  assigns 
in  said  roads,  or  any  of  them,  may  in  the  discretion  of  the  Estimates 
Board  of  Estimates  so  far  as  the  same  may  be  now  perpet-  SSpe^tuity 
ual,  be  in  perpetuity ; provided,  however,  than  nothing 
herein  shall  be  construed  to  make  perpetual,  or  to  grant  in  afso?eS>eF 
perpetuity,  any  franchise  or  right  whatsoever  (as  a fran- 
chise  or  right  in  perpetuity)  which  heretofore  has  not  been 
owned  or  enjoyed  by  the  said  United  Railways  and 
Electric  Company  of  Baltimore  as  and  for  a right  perpetual, 
or  franchise  or  right  in  perpetuity. 


1906,  ch.  566,  Sec.  2. 

§800b.  In  view  of  the  fact  that  the  beds  or  parts  of 
the  beds,  of  said  roads,  or  some  of  them  are  now  occupied 
by  the  United  Railways  and  Electric  Company  of  Baltimore, 
and  its  rights  in  such  roadbeds,  or  parts  of  roadbeds,  are 


496 


MISCELLANEOUS  LOCAL  LAWS. 


^tfononh?"  Pi*oposed  to  be  acquired  by  the  Mayor  and  City  Council  of 
ownS^by  Baltimore  for  the  sole  purpose  of  securing  for  the  public 
SSp^nsTthe  unconditional  use  thereof  as  public  highways,  the 
of  Estimates  is  hereby  authorized,  in  its  discretion, 
fliiwa^y 'com- acquisition  of  said  roadbeds,  or  parts  of  roadoeds, 
faHwfy'^f^Li- Mayor  and  City  Council  of  Baltimore,  should  the 
stStVfo^a"^  Railways  and  Electric  Company  of  Baltimore,  its 

assigns  apply  for  the  franchise  or  right  of 
Sid^ease-^  using  any  of  said  roadbeds,  or  part  of  roadbeds,  for  its  rail- 
ments.  Jinos,  to  fix  the  compensation  or  compensations,  to  be 

paid  therefor,  without  reference  to  any  other  application,  or 
applications,  for  the  same  franchises  or  rights  by  any  other 
person  or  corporation,  and  free  from  the  obligation  cast  upon 
it  by  Section  37  of  Article  4,  entitled  ‘ ‘City  of  Baltimore, of 
the  Code  of  Public  Local  Laws  of  Maryland,  to  fix  the 
compensation  to  the  Mayor  and  City  Council  of  Baltimore 
in  such  cases  at  the  largest  amount  that  it  may  be  able  by 
advertisements  or  otherwise  to  obtain  for  the  franchise  or 
right;  provided  however,  that  said  compensation,  or  compen- 
sations, shall  in  no  case  be  fixed  by  said  Board  of  Estimates 
at  a lower  sum  or  sums  than  the  sum  or  sums  which  the 
Mayor  and  City  Council  of  Baltimore  shall  have  paid,  or  be- 
come obliged  to  pay,  unto  said  Company,  whether  as  the 
result  of  condemnation  proceedings  or  otherwise,  under  the 
provisions  of  Chapter  274  of  the  Act  of  the  General  Assem- 
bly of  Maryland  for  the  year  1904,  for  the  purpose  of  acquir- 
ing the  respective  street  railway  franchises,  easements 
interests  or  rights  now  or  hereafter  possessed  or  enjoyed  by 
said  Company  in  said  respective  roadbeds,  or  parts  of  road- 
beds as  to  which  said  application  or  applications  for  new 
franchises  or  rights  shall  or  may  be  made  by  said  Company 
as  aforesaid. 

Prohibiting  Tracks  on  Certain  Streets.* 

P.  L.  L.,  (1888)  Art.  4,  Sec.  769A.  1892,  ch.  115.  1894,  ch.  69. 

1894,  ch.  150.  1894,  ch.  439.  1896,  ch.  74.  1896,  ch.  403.  1896,  ch.  405. 

1900,  ch.  149.  1902,  ch.  558.  1904,  ch.  35.  1906,  ch.  253. 

801.  It  shall  not  be  lawful  for  any  person  or  corpora- 
tion to  lay  any  railway  track  upon  Mount  Royal  avenue 

*NoTK.— This  section  has  been  modified  to  conform  to  provisions  of 
Acts  1900,  ch.  149;  1902,  ch.  558;  1904,  ch.  35  and  1906,  ch.  253. 


RAILROADS— PROHIBITING  TRACKS  ON  CERTAIN  STREETS. 


497 


between  Guilford  and  North  avenues,  or  upon  Cathedral 
street  between  Saratoga  street  and  Mount  Royal  avenue,  are 
or  upon  Saint  Paul  street  from  Baltimore  street  northerly  to 
Huntingdon  avenue,  or  upon  Calvert  street  from  Read  street 
northerly  to  the  City  limits, or  upon  Gough  street  from  Bond 
street  easterly  to  Patterson  Park  avenue,  or  upon  Broadway 
from  Baltimore  street  north  to  North  avenue,  except  upon 
the  streets  where  tracks  are  now  laid,  or  upon  Caroline  street 
between  Preston  street  and  North  avenue,  or  upon  Eager 
street  between  Park  and  Wolfe  streets,  or  upon  the  old  York 
Road  from  its  intersection  with  the  York  Turnpike  to 
Willow  avenue,  in  the  City  and  County  of  Baltimore,  or 
upon  McCulloh  street  between  Eutaw  street  and  North 
avenue,  or  upon  Baltimore  street  between  Patterson  Park 
avenue  and  Canton  street,  or  on  Barclay  street,  or  on  Bid- 
dle street  between  Broadway  and  Maryland  avenue,  and 
when  the  tracks  of  the  Lake  Roland  Elevated  Railway 
Company  shall  have  been  removed  from  Oak  street,  Hamp- 
den street.  Cedar  avenue.  Elm  avenue  and  Merryman’s 
lane,  in  the  City  of  Baltimore,  thereafter  it  shall  not  be 
lawful  for  any  person  or  corporation  to  lay  any  railway 
tracks  upon  the  said  portion  of  said  streets  so  occupied  by 
the  said  Lake  Roland  Elevated  Railway  Company,  or  upon 
Hanover  street  between  Lee  street  in  the  City  of  Baltimore 
and  the  southern  extremity  of  said  street  which  terminates 
at  Spring  Garden  harbor,  or  upon  any  of  the  streets,  lanes, 
avenues  and  highways  above  mentioned,  without  the  con- 
sent of  the  General  Assembly  of  Maryland  ; provided,  that  Proviso, 
this  sub-division  of  this  Article  shall  not  restrict  in  any 
way  the  right  of  any  passenger  railway  now  incorporated, 
or  that  may  hereafter  be  incorporated,  to  cross  said  streets 
where  such  railway  company  shall  be  authorized  by  the 
Mayor  and  City  Council  of  Baltimore  to  use  any  street  or 
avenue  opening  into  or  crossing  said  beforementioned 
streets  or  highways.  The  maintenance  or  laying  of  any 
tracks  for  street  railways  or  other  purposes  on  Cedar  ave- 
nue, in  the  City  of  Baltimore,  be  and  is  hereby  forbidden. 

And  it  shall  not  be  lawful  for  any  person  or  corporation 
to  lay  any  railway  tracks  upon  Chase  street,  between 
Broadway  and  Maryland  avenue,  nor  upon  Evergreen 


498 


MISCELLANEOUS  LOCAL  LAWS. 


Prohibiting 
tracks  on  por- 
tion of  lyom- 
bard  street. 


Provisoes. 


Plan  of  index. 


Terrace,  between  Fulton  avenue  and  Orem  lane  or  avenue, 
in  the  City  of  Baltimore,  without  the  consent  of  the  Gen- 
eral Assembly  of  Maryland. 


1900,  ch.  746.  1902,  ch.  99. 

§80 la.  It  shall  not  be  lawful  for  any  person  or  corpo- 
ration to  lay  any  railway  tracks  upon  Lombard  street,  be- 
tween Patterson  Park  avenue  and  Exeter  street,  in  the 
City  of  Baltimore,  without  the  consent  of  the  General 
Assembly  of  Maryland ; provided,  that  this  Act  shall  not 
restrict  in  any  way  the  right  of  any  passenger  railway 
company  now  incorporated,  or  that  may  hereafter  be  in- 
corporated, to  cross  said  Lombard  street,  when  such  rail- 
way company  shall  be  authorized  by  the  Mayor  and  City 
Council  of  Baltimore  to  use  any  street  or  avenue  opening 
into  said  Lombard  street ; and  provided  further,  that 
nothing  herein  contained  shall  be  construed  to  impair  or 
limit  in  any  manner  the  powers  and  rights  of  the  Mayor 
and  City  Council  of  Baltimore  to  regulate  the  use  in  all  re- 
spects of  said  street  under  the  provisions  of  this  Article.  * 


RECORDS. 

1886,  ch.  289.  P.  L.  L.,  (1888)  Art.  4,  Sec.  770. 

802.  It  shall  be  the  duty  of  the  Clerk  of  the  Superior 
Court  of  Baltimore  City  to  formulate  and  prepare  a new 
plan  or  system  for  the  indexing  of  all  deeds,  conveyances 
and  other  papers  required  by  law  to  be  recorded  among  the 
land  records  in  his  office,  and  submit  the  same  to  the 
Supreme  Bench  of  Baltimore  City  for  its  approval. 


1886,  ch.  289.  P.  L.  L.,  (1888)  Art.  4,  Sec.  771. 

803.  Upon  the  adoption  and  approval  of  the  plan  or 
system  of  indexing  authorized  by  the  preceding  section, 
the  Clerk  of  the  Superior  Court  of  Baltimore  City  is 


*Note. — The  Acts  of  1900,  ch.  746  and  1902,  ch.  99,  are  practically 
identical  in  considering  the  part  of  Lombard  street  affected  by  both  Acts. 


RECORDS — SABBATH. 


499 


authorized  and  directed  to  make  and  prepare  for  use  in  his  ^c^mSyancis 
said  office,  a new  index  of  all  land  records  and  conveyances 
in  his  keeping,  upon  the  plan  or  system  so  adopted  and 
approved,  in  books  suitable  for  the  purpose  ; and  all  deeds 
and  conveyances  hereafter  recorded  among  said  land 
records,  shall  be  indexed  upon  the  plan  or  system  aforesaid. 


1886,  ch.  289.  P.  L.  L.,  (1888)  Art.  4,  Sec.  772. 

804.  Whenever,  from  age  or  wear,  any  of  the  record 
books  in  the  keeping  of  the  Clerk  of  the  Superior  Court  of 
Baltimore  City  shall  be  in  danger  of  destruction  or  oblitera-  Renewals  of 
tion,  it  shall  be  the  duty  of  the  Clerk  of  said  Court,  when 
required  so  to  do  by  the  Supreme  Bench  of  said  City,  to 
renew  any  such  record  book  by  transcribing  the  same  into 
new  books. 


1886,  ch.  289.  P.  L.  L.,  (1888)  Art.  4,  Sec.  773. 

805.  The  cost  of  making  and  preparing  such  new  in- 
dexes and  records  shall  be  paid  out  of  the  fees  collected  by  cost, 
the  Clerk  of  the  Superior  Court  aforesaid. 


SABBATH. 

1886,  ch.  433.  P.  h.  L.,  (1888)  Art.  4,  Sec.  774. 

806.  No  vehicle  of  any  description  shall  be  permitted 
to  carry  ice  upon  the  streets  or  highways  of  Baltimore  gaie  of  ice  on 
City,  for  the  purpose  of  selling  the  same,  on  the  Sabbath  prohibited. 
Day,  commonly  called  Sunday. 


1886,  ch.  433.  P.  L.  h.,  (1888)  Art.  4,  Sec.  775. 

807.  If  any  person  or  corporation  be  found  guilty  of 
causing  or  in  any  way  contributing  to  the  violation  of  the  Penalty, 
preceding  section,  he  or  it  shall  be  subjected  to  a fine  of 
not  more  than  fifty  dollars,  in  the  discretion  of  the  courts. 


500 


MISCEI.I.ANEOUS  EOCAE  EAWS. 


**SCHOOLS. 

Intestates^  Estates. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  829.  P.  E.  E.,  (1888)  Art.  4,  Sec.  781. 

808.  The  Orphans’  Court  of  said  City  shall  order  and 
direct  the  funds  arising  from  intestates’  estates  that  may 
be  administered  upon  in  said  court,  and  which  remain  un- 
distributed  for  want  of  legal  representatives  of  the  intes- 
tates to  claim  the  same,  to  be  paid  to  the  Board  of  School 
Commissioners. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  830.  P.  E.  E.,  (1888)  Art.  4,  Sec.  782. 

809.  The  Court  shall  not  make  such  order  until  they 
shall  be  satisfied  that  the  intestate  left  no  legal  represen- 
tatives living  at  the  time  of  his  death ; and  they  shall 
cause  the  administrator  of  such  intestates  to  give  notice. 
Administrator  by  advertisement  to  be  inserted  for  such  periods  of  time 
to  give  notice.  iu  uewspapers  published  in  such  places  as  they  may 

deem  necessary,  that  upon  default  of  the  appearance  of 
any  legal  representative  of  the  intestate,  by  a certain  day 
to  be  fixed  by  the  Court  and  named  in  said  advertisement, 
the  estate  of  said  intestate  will  be  paid  to  the  Board  of 
School  Commissioners. 

Charlotte  Hall  v.  Greenwell,  4 G.  & J.  407.  Thomas  v.  Visitors  of 
Frederick  County  School,  7 G.  & J.  369. 


P.  E.  E..  (1860)  Art.  4,  Sec.  831.  P.  E.  E.,  (1888)  Art.  4,  Sec.  783. 

8i0.  They  shall,  upon  passing  an  order  directing  such 
payment,  require  from  the  Treasurer  of  the  Board  of 
School  Commissioners,  or  any  other  officer  who  may  be 
appointed  by  the  said  Board  of  School  Commissioners  or 
the  Mayor  and  City  Council  of  said  City  to  receive  such 
mlSltrator.  fuuds,  a rcccipt  and  release  to  the  administrator  for  the 
same. 


**NoTE. — The  Act  1906,  ch.  552,  authorized  an  issue  of  city  stock 
amounting  to  $1,000,000  for  the  acquisition  of  land  for  public  school 
buildings  when  the  ordinance  providing  for  the  issue  thereof  shall  be 
submitted  to  and  approved  by  the  people. 


SCHOOLS — JOHNS  HOPKINS  UNIVERSITY. 


501 


P.  L.  L.,  (1860)  Art.  4,  Sec.  832.  P.  L.  L.,  (1888)  Art.  4,  Sec.  784. 

811.  The  release  shall  contain  an  obligation  that  the 
said  funds  shall  be  applied  by  the  Board  of  School  Commis- 
sioners to  the  use  and  support  of  the  public  schools  of  the  ^^Teie°ase. 
City  of  Baltimore,  and  shall  be  recorded  and  preserved  in 
said  court  as  other  records  are. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  833.  P.  L.  L.,  (1888)  Art.  4,  Sec.  785. 

812.  If  the  estate  of  an  intestate  shall  be  paid  to  the 
Board  of  School  Commissioners  under  this  law,  and  any 
legal  representatives  of  the  intestate  of  no  remoter  degrees 
among  collaterals  than  brothers^  or  sisters’  children,  shall 
at  any  time  appear  and  prove  him,  her  or  themselves  to  be  Restoration 
such  legal  representatives,  the  Board  of  School  Commis-  ^pr'es^fta- 
sioners  who  received  such  estate,  or  their  successors,  if  the  appear, 
same  shall  be  in  their  hands  or  shall  have  been  applied  to 
the  use  of  the  public  schools,  shall  restore  the  same  to  such 
legal  representatives  out  of  the  school  fund  under  their 
direction. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  834.  P.  L.  L.,  (1888)  Art.  4,  Sec.  786. 

813.  Nothing  contained  in  this  sub-division  of  this  ^otjo  affect 
Article  shall  be  construed  to  interfere  with  or  affect  the 
rights  vested  in  the  Charitable  Marine  Society  of  Baltimore. 


JOHNS  HOPKINS  UNIVERSITY. 

1876,  ch.  84.  P.  L.  L.,  (1888)  Art.  4,  Sec.  787. 

814.  The  Johns  Hopkins  University,  a corporation 
duly  incorporated  by  certificate  recorded  in  the  office  of 
the  Clerk  of  the  Circuit  Court  for  Baltimore  County,  shall 
have  power  to  establish  branches  of  the  said  university  in  power  toestab- 
the  City  of  Baltimore,  to  hold,  or  to  purchase  and  hold,  all 
property  in  said  City,  needed  for  the  successful  conducting 
of  the  branches  of  the  said  university  in  said  City,  and  to 
keep  and  maintain  a principal  office  in  said  City  for  the 
conduct  6f  the  business  of  the  said  university. 


502 


M1SCEI.I.ANEOUS  EOCAE  EAWS. 


1876,  ch.  84.  P.  E.  E.,  (1888)  Art.  4,  Sec.  789. 

815.  The  said  Johns  Hopkins  University  shall  have 
power  to  admit  students  of  the  said  university  who  shall 
merit  distinction  to  the  office  and  profession  of  surgeon,  or 
to  the  degree  of  doctor  of  medicine,  or  of  doctor  of  laws, 
or  of  bachelor  or  master  of  arts  ; to  grant  to  students  in 
such  university  such  certificates  of  proficiency  and  attain- 
ments in  any  special  study  as  the  said  university  may  see 
proper  to  confer ; and  to  grant  the  honorary  degrees  of 
doctor  of  laws,  doctor  of  medicine,  and  master  of  arts,  or 
such  other  degrees  as  may  be  proper,  to  any  person  who 
may  merit  such  distinction,  whether  such  person  be  a stu- 
dent of  such  university  or  not. 

McDONOGH  EDUCATIONAL  FUND  AND  INSTITUTE  AND 
OTHER  INSTITUTIONS. 

1888  ch.  102.  P.  E.  E.,  (1888)  Art.  4,  Sec.  789.  . 

816.  The  Mayor  and  City  Council  of  Baltimore  is 
authorized,  upon  the  transfer  and  surrender  to  it,  by  the 
Board  of  Trustees  of  the  McDonogh  Educational  Fund  and 
Institute,  of  the  City  stock  or  certificates  of  indebtedness, 
in  which  the  said  educational  fund  is  now,  under  the  City 
ordinances,  invested,  in  consideration  of  such  transfer  and 
surrender,  to  issue  and  deliver  to  the  said  Board  of  Trus- 
tees, the  stock  or  certificates  of  indebtedness  of  the  Mayor 
and  City  Council  of  Baltimore,  to  the  amount  of  one  million 

City  may  issue  dollars,  in  the  form  prescribed  by  law  for  such  certificates, 

stock  for  one 

minion  doi-  redeemable  m the  year  ot  our  Lord,  nineteen  hundred  and 
thirty-eight,  and  bearing  interest,  payable  quarterly,  at 
the  rate  of  five  per  cent,  per  annum.  To  pass  an  ordinance 
providing  for  the  said  transfer  and  surrender  of  said  City 
stock  or  certificates  of  indebtedness,  in  which  the  educa- 
tional fund  derived  under  the  will  of  John  McDonogh,  is 
now  invested,  and  for  the  issue  and  delivery  to  the  Trus- 
tees of  the  McDonogh  Educational  Fund  and  Institute,  in 
consideration  of  such  transfer  of  said  City  stock  or  certi- 
ficates of  indebtedness  of  the  Mayor  and  City  Council  of 
Baltimore,  to  the  amount  of  one  million  dollars.  Before 
the  ordinance  which  the  Mayor  and  City  Council  of  Balti- 


TEXT  BOOK  UPON  Cl  VIE  GOVERNMENT. 


503 


more  is  authorized  and  empowered  to  pasSj  shall  take 
effect,  it  shall  be  approved  by  a majority  of  the  votes  of 
the  legal  voters  of  the  said  City,  cast  at  the  time  and  place 
to  be  appointed  by  said  ordinance  for  submitting  the  same  ^rs. 
to  the  legal  voters  of  said  City,  as  required  by  Section  7 of 
Article  XI,  of  the  Constitution  of  Maryland.  To  appro- 
priate annually  for  the  Baltimore  Manual  Labor  School  for 
Indigent  Boys,  sum  or  sums  of  money  not  exceeding 
fifteen  hundred  dollars  per  annum.  Upon  transfer  and 
surrender  to  it,  by  the  Peabody  Institute  of  the  City  of 
Baltimore,  of  six  per  cent.  City  stock,  to  an  amount  not 
exceeding  five  hundred  thousand  dollars,  to  issue  and  de- 
liver to  the  said  Peabody  Institute,  in  consideration  of  such 
transfer  and  surrender.  City  stock  in  the  form  prescribed 
for  such  certificates  by  the  Baltimore  City  Code  of  eighteen 
hundred  and  seventy-nine,  redeemable  in  the  year  of  our 
Lord  nineteen  hundred  and  fifty,  and  bearing  interest  at 
the  rate  of  not  more  than  five  per  cent,  per  annum;  pay- 
able quarterly ; and  to  pass  an  ordinance  providing  for 
such  transfer  of  said  stock,  and  for  the  issue  and  delivery 
to  the  said  Peabody  Institute,  in  consideration  of  such 
transfer  and  surrender  of  stock  or  certificates  of  indebted- 
ness of  the  Mayor  and  City  Council  of  Baltimore,  to  the 
amount  of  not  over  five  hundred  thousand  dollars,  as 
authorized  above,  bearing  interest  at  not  more  than  five 
per  cent,  per  annum,  payable  quarterly. 


Text  Book  Upon  Civil  Government. 

1898,  ch.  520. 

§8 16a.  The  State  Board  of  Education  and  the  Board  of 
Public  School  Commissioners  of  Baltimore  City  are 
hereby  required  to  furnish  the  public  schools  of  this  ®°commfssioS- 
State  with  a text-book  upon  civil  government  in  addition  to 
the  text-books  now  furnished  them,  and  shall  be  included 
in  the  branches  of  study  now  taught  in  the  public  schools, 
and  shall  be  taught  to  and  be  studied  by  all  pupils  whose 
capacity  will  admit  of  it,  in  all  departments  of  the  public 
schools  of  this  State  and  in  all  educational  institutions 
supported  wholly  or  in  part  by  money  from  the  State. 


504 


MISCKI.I.ANKOUS  LOCAI,  I.AWS. 


SEWERS. 

•P.  Iv.  Iv.,  (1860)  Art.  4,  Sec.  836.  P.  L.  P.,  (1888)  Art.  4,  Sec.  793. 

Obstruction  of;  817.  If  any  person  shall  wilfully  stop  up,  obstruct, 
injure  or  damage  the  passage  of  the  waters  of  any  of  the 
common  or  private  sewers  or  drains,  he  shall  be  fined  a sum 
not  exceeding  one  hundred  dollars,  to  be  collected  as  other 
fines  are  collected. 


1868,  ch.  181.  P.  L.  L.,  (1888)  Art.  4,  Sec.  794. 

818.  The  Mayor  and  City  Council  of  Baltimore  shall 
have  full  power  to  provide  for  constructing,  opening, 
enlarging  or  straightening,  subject  to  the  provisions  here- 
^ s^ucb  inbefore  contained  as  to  the  Board  of  Public  Improvements 
and  the  Board  of  Estimates,  any  sewer  or  drain,  public  or 
private,  through  any  private  property,  upon  giving  thirty 
days’  notice  in  writing  to  the  owner  or  agent  of  said  private 
property,  or  to  one  of  them,  if  more  than  one,  leaving  such 
notice  at  the  usual  place  of  abode  of  such  owner  or  agent, 
or  at  the  usual  place  of  abode  of  one  of  them,  if  more  than 
Procedure.  noYie  of  Said  parties  live  in  the  City  of  Baltimore, 

by  setting  up  said  notice  on  the  land  or  premises;  to  pro- 
vide for  ascertaining  what  amount  of  actual  benefit  will 
thereby  accrue  to  the  owner  or  possessor  of  any  ground  or 
improvements  within  or  adjoining  the  City,  being  governed 
as  far  as  practicable  by  the  number  of  superficial  feet 
drained,  and  to  provide  for  assessing  and  levying,  either 
generally  on  the  whole  assessable  property  of  the  said  City, 
or  by  a loan  for  the  special  purpose  for  constructing,  open- 
ing, enlarging  or  straightening  any  sewer,  the  sum 
necessary  to  pay  the  expense  or  cost,  or  specially  on  the 
property  of  persons  actually  benefited,  the  whole  or  any 
Damages.  part  of  the  damages  and  expenses  which  they  shall  ascer- 
tain will  be  incurred  in  constructing,  opening,  enlarging 
or  straightening  any  sewer  in  any  street,  lane  or  alley,  or 
through  any  private  property  in  said  City;  to  provide  for 
granting  appeals  to  the  Court  having  jurisdiction  thereof 
in  Baltimore  City,  from  the  decision  of  any  commissioners 
or  other  persons  appointed  in  virtue  of  any  ordinance  to 


SEWERS — CONDEMNATIONS  FOR- 


505 


ascertain  the  damage  which  will  be  incurred  or  the  benefits 
which  will  accrue  to  the  owners  or  possessors  of  any  ground 
or  improvements  for  constructing,  opening,  enlarging  or 
straightening  in  any  street,  lane  or  alley,  or  through  any 
private  property,  any  sewer  which  in  their  opinion  the 
public  welfare  or  convenience  may  require,  and  for  securing 
to  every  such  owner  or  possessor  the  right  on  application 
within  a reasonable  time  to  have  decided  by  a jury  trial 
whether  any  damage  and  what  amount  of  damage  has  been 
caused,  or  whether  any  benefit  and  what  amount  of  benefit, 
has  accrued  to  them  ; and  to  provide  for  collecting  and 
paying  over  the  amount  of  compensation  adjudged  to  each 
person  to  receive  the  same,  or  investing  in  stock  of  said 
corporation,  bearing  interest  of  five  per  centum  per  annum, 
for  the  use  of  any  person  who  because  of  infancy,  absence 
from  the  City,  or  other  cause,  may  be  prevented  from 
receiving  it,  before  any  sewer  shall  be  constructed,  opened, 
enlarged  or  straightened  in  any  street,  lane  or  alley,  or 
through  any  private  property,  and  to  enact  and  pass  all 
ordinances  from  time  to  time  which  shall  be  deemed 
necessary  and  proper  to  exercise  the  power  and  effect  the 
objects  herein  specified. 


1868,  ch.  181.  P.  Iv.  Iv.,  (1888)  Art.  4,  Sec.  795. 

819.  The  amount  of  benefits  assessed  on  any  property 
for  constructing,  opening,  enlarging  or  straightening  any 
sewer  in  any  street,  lane  or  alley,  or  through  any  private 
property,  constructed,  opened,  enlarged  or  straightened  by 
virtue  of  any  ordinance  passed  by  the  Mayor  und  City  Coun- 
cil of  Baltimore,  shall  be  a lien  on  the  property  and  recover- 
able as  City  taxes  are. 


820.  No  private  sewer  or  drain  shall  be  constructed,  permitfrom 

1 T . T . , . City  Engi- 

altered  or  repaired  without  a permit  from  the  City 
Engineer.** 


**Note. — Sec.  820  is  modified  by  Act  1906,  ch.  144.  See  ante,  .See.  6, 
sub  division  “Sewers,”  page  68. 


506 


MISCKI^IvANEOUS  EOCAE  EAWS. 


Notice  before 
ordinance  is 
passed. 


Notice  before 
acting  under 
ordinance. 


City’s  share  of 
cost. 


1868,  ch.  181.  P.  L.  E.,  (1888)  Art.  4,  Sec.  796.  1906,  ch.  103. 

821.  Before  the  Mayor  and  City  Council  of  Baltimore 
shall  pass  any  ordinance  under  this  Article  relating  to  the 
constructing,  opening,  enlarging  or  straightening  any 
sewer  through  any  private  street,  lane  or  alley,  or  through 
any  private  property,  notice  shall  be  given  of  an  appli- 
cation for  the  passage  of  such  an  ordinance  in  at  least  two 
of  the  daily  newspapers  of  said  City  twice  a week  for 
thirty  days. 


1868,  ch.  181.  P.  E.  E.,  (1888)  Art.  4,  Sec.  797. 

822.  Before  any  Commissioners  appointed  by  any 
ordinance  of  said  corporation  under  the  preceding  sections 
hereof  shall  proceed  to  the  performance  of  their  duty,  they 
shall  give  daily  notice,  in  at  least  two  newspapers  in  the 
City  of  Baltimore,  of  the  object  of  the  ordinance  under 
which  they  propose  to  act,  at  least  thirty  days  before  the 
time  of  the  first  meeting  to  execute  the  same. 

1868,  ch.  181.  P.  E.  E.,  (1888)  Art.  4,  Sec.  798. 

823.  Should  the  Commissioners  appointed  by  the  Mayor 
and  City  Council  of  Baltimore  assess  any  part  of  the  ex- 
pense and  damage  incurred  in  the  construction,  opening, 
enlarging  or  straightening  any  sewer  in  the  City,  upon  the 
Mayor  and  City  Council  of  Baltimore,  the  said  Mayor  and 
City  Council  of  Baltimore  may  levy  a tax  on  the  assessable 
property  of  the  City  for  the  amount  of  such  assessment,  or 
they  may  raise  the  necessary  amount  by  a loan,  for  the 
payment  of  which  they  may  create  a sinking  fund  to  meet 
the  liabilities  incurred  ; and  may  also  levy  on  the  assessable 
property  of  the  City  of  Baltimore  from  time  to  time  such 
sums  as  may  be  necessary  to  provide  therefor,  and  for  the 
principal  and  interest  of  the  liabilities  incurred,  and  may 
pass  all  ordinances  necessary  to  carry  out  the  provisions  of 
the  same. 


1882,  ch,  406.  1888,  ch.  131.  P.  E.  E.,  (1888)  Art.  4,  Sec.  799. 

824.  The  Mayor  and  City  Council  of  Baltimore  are 
authorized  to  issue  the  stock  of  the  City  of  Baltimore  for 


SEWERS  — NEW  SEWERAGE  SYSTEM. 


507 


the  amount  of  five  millions  of  dollars  ; said  stock  to  be  ^\oa  “for°” 
issued  from  time  to  time  as  the  Mayor  and  City  Council  of 
Baltimore  shall  by  ordinance  prescribe ; the  proceeds  of  schools, 
said  stock  to  be  used  for  the  opening,  widening,  paving 
and  repaving  of  streets,  the  constructing  of  sewers,  the 
supplying  of  school  buildings  in  the  City  of  Baltimore,  and 
the  improvement  of  the  public  parks.  The  said  stock  shall 
be  in  such  amounts,  payable  at  such  time  or  times,  and 
shall  bear  such  rate  of  interest  as  the  said  Mayor  and  City 
Council  of  Baltimore  shall  provide  by  ordinance ; but  the 
said  stock  shall  not  be  issued  unless  the  ordinance  which 
the  Mayor  and  City  Council  of  Baltimore  is  hereby  author- 
ized to  enact  shall  be  approved  by  a majority  of  the  votes 
of  the  legal  voters  of  said  City,  cast  at  the  time  and  place 
to  be  appointed  by  said  ordinance  in  the  provision  for  sub- 
mitting the  same  to  the  legal  voters  of  said  City,  as 
required  by  Section  7 of  Article  XL  of  the  Constitution  of 
the  State. 


New  Sewerage  System. 

1901  ch.  19.  1904  ch.  349,  Sec.  1. 

§8 24a.  The  Mayor  of  the  City  of  Baltimore  is 
hereby  authorized  to  appoint  in  the  manner  prescribed 
by  Section  25  of  Article  4,  entitled  ‘'City  of  Baltimore,” 
of  the  Public  Local  Laws  of  Maryland,  and  subject  to  the 
condition  that  three  appointees  shall  be  members  of  the 
minority  party  within  the  meaning  of  Section  30  of  said 
Article,  six  capable  and  upright  citizens  of  the  City  of 
Baltimore,  who,  together  with  the  Mayor  himself  ex  officio 
shall  constitute  a special  commission  to  be  known  as  the 
Sewerage  Commission  of  the  City  of  Baltimore,  and  who  sewerage  com- 
shall  continue  in  office  from  year  to  year  until  the  work  of 
said  commission  under  this  Act  has  been  fully  and  finally 
completed  in  every  respect.  If,  however,  the  Second  Branch 
of  the  City  Council  of  the  City  of  Baltimore  shall  reject  three 
several  and  successive  nominations  by  the  Mayor  to  any 
position  on  said  commission,  he  shall  be  empowered  to 
make  an  appointment  thereto  without  its  confirmation. 


508 


MISCELLANEOUS  LOCAL  LAWS. 


^ce”r^iofeHgi  municipal  official  or  other  officer  of  the  Mayor  and  City 
Stmenton  Baltimore,  whether  holding  a paid  or  an  unpaid 

same.  offico  or  position  under  the  said  corporation  shall  be  eligible 
for  appointment  to  said  commission,  and  all  persons  ap- 
pointed to  said  commission  shall  qualify  and  be  subject  to 
removal  by  the  Mayor,  except  that  there  shall  be  no  removal 
at  any  time  save  for  cause  after  charges  preferred,  as  pre- 
scribed by  said  Section  25  of  Article  4,  entitled  ‘‘City  of 
Baltimore,''  of  the  Public  Local  Laws  of  Maryland.  Any 
member  of  said  commission  may  at  any  time  resign  there- 
from by  tendering  his  resignation  in  writing  to  the  Mayor, 
and  any  vacancy  in  said  commission  occasioned  by  the 
resignation,  removal,  death  or  permanent  absence  from 
this  State  of  the  incumbent,  or  by  supervening  incapacity 
upon  his  part  whether  physical  or  mental,  to  discharge  his 
duties,  or  by  any  other  cause  operating,  such  a vacancy, 
either  actually  or  in  effect,  shall  be  filled  by  the  Mayor  in 
the  manner  and  subject  to  all  the  conditions  as  to  minority 
representation,  qualification  and  removal  hereinbefore  pro- 
vided for  as  to  original  appointees  to  said  commission. 
All  the  members  of  said  commission  shall  receive  such 
compensation  as  the  Mayor  and  City  Council  shall  by  or- 
dinance provide,  not,  however,  to  exceed  for  the  chairman 
Compensation,  the  sum  of  three  thousand  dollars  and  for  the  other  mem- 
bers of  said  commission  a sum  not  exceeding  fifteen 
hundred  dollars  each ; and  a majority  of  said  members 
shall  be  a lawful  quorum  for  the  transaction  of  business  ; 
and  said  commission  shall  be  taken  as  superseding  in  every 
respect  the  Sewerage  Commission  of  the  City  of  Baltimore 
(assuming  that  said  last  mentioned  commission  is  not 
already  functus  officio)  appointed  under  Resolution  No.  189 
of  the  Mayor  and  City  Council  of  Baltimore,  approved 
May  25,  1893,  and  continued  (or  attempted  to  be  continued) 
by  the  terms  of  ordinance  No.  2 of  the  Mayor  and  City 
Council  of  Baltimore,  approved  November  14,  1899 ; and 
shall  be  entitled  to  the  possession  and  custody  of  all  maps, 
^mS?s!Sats.  plats,  blue  prints,  sketches,  books,  papers,  documents, 
writings,  letters  and  chattels  in  the  possession  of  said  last 
mentioned  commission ; and,  so  soon  as  the  appointed 
members  of  said  commission  shall  be  qualified,  they  shall, 


NEW  SEWERAGE  SYSTEM — DUTIES  OF  COMMISSION. 


509 


with  the  Mayor  acting  as  a member  of  said  commission  ex- 
officio  organize  by  the  election  of  one  of  the  members  of 
said  commission  as  chairman  of  said  commission,  who  shall 
be  removable  at  pleasure  by  said  commission,  and  shall 
receive  such  compensation  as  it  may  determine,  not  ex- 
ceeding the  sum  of  three  thousand  dollars  per  annum,  and 
shall  preside  over  the  meetings  of  said  commission  and 
perform  such  other  duties  as  are  imposed  upon  him  by  this 
Act,  or  as  may  be  assigned  to  him  by  said  commission,  and 
by  the  election  of  a secretary,  not  a member  of  said  com- 
mission, who  shall  be  removable  at  pleasure  by  said  com- 
mission, and  shall  receive  such  compensation  as  it  may 
determine,  not  exceeding  the  sum  of  twenty-five  hundred 
dollars  per  annum,  and  shall  enter  into  a well-bound  book 
and  carefully  preserve  neat,  legible  and  accurate  minutes 
of  all  meetings  of  said  commission  and  perform  such  other 
duties  as  usually  appertain  to  the  office  of  secretary  of  a 
private  corporation  or  as  are  imposed  upon  him  by  this 
Act  or  as  may  be  assigned  to  him  by  said  commission.  All 
sessions  or  meetings  of  said  commission  shall  be  open  and 
public  and  all  its  records  shall  be  public  records,  and  it  ^Jubulf 
shall  annually  make  to  the  Mayor  a detailed  report  of  all 
its  official  transactions  and  expenditures. 


1904,  ch.  349,  Sec.  2. 

§8 24b.  Said  commission  shall  be  charged  with  the 
duty  of  projecting,  constructing  and  establishing  a sewer- 
age system  for  the  collection,  transmission  and  disposal  of 
the  house  and  other  sewage  and  drainage  of  the  City  of  Balti- 
more, including,  either  as  a combined  or  separate  feature 
of  said  system  the  collection,  transmission  and  disposal  of 
storm  and  ground  water,  respectively,  and  shall  be  clothed 
with  each  and  every  and  all  powers  which,  by  anything 
short  of  a palpably  forced  construction,  may  be  held  to  be 
necessary  or  proper  for  these  purposes,  or  either  of  them, 
among  which  powers  shall  be  the  following,  that  is  to  say: 

1.  To  make  all  such  preliminary  investigations  and  to  Preliminary 
do  all  such  preliminary  work  as  should,  in  its  judgment, 


510 


MISCELLANEOUS  LOCAL  LAWS. 


To  adopt  a 
sewerage  sys- 
tem. 


Constructing 
sewers. build- 
ings, plants, 
etc. 


Deed  or  deeds. 


Public  sewers 
and  drains. 


precede  the  actual  projection,  construction  and  establish- 
ment of  said  system  of  sewerage. 

2.  To  project  and  adopt  such  a system  of  sewerage  as 
it  may  deem  best  calculated  to  promote  the  objects  of  this 
Act.  ' 

3.  To  construct  and  establish  all  such  local,  district, 
lateral,  intercepting,  outfall  or  other  sewers,  and  all  such 
conduits,  drains  and  pumping  or  other  plants,  and  all  such 
buildings,  structures,  works,  apparatus  or  agencies,  and  to 
lay  all  such  mains  and  pipes  and  to  create  or  use,  or  create 
and  use,  all  such  instrumentalities  and  means,  within  the 
City  of  Baltimore,  or  any  Counties  of  the  State,  including 
submerged  as  well  as  other  lands,  as  it  may  deem  expedi- 
ent for  carrying  said  system  of  sewerage,  projected  and 
adopted  as  aforesaid  into  full  effect.  And  said  commission 
is  hereby  specifically  empowered  to  lay  or  construct,  and 
the  Mayor  and  City  Council  of  Baltimore  to  maintain, 
without  compensation  to  the  State,  any  part  or  parts  of 
said  system  of  sewerage,  or  of  its  works  or  appurtenances, 
over  or  upon  any  part  or  parts  of  the  bed  of  the  Patapsco 
river  or  its  branches,  or  of  any  land  covered  by  any  of  the 
navigable  waters  of  this  State,  the  title  to  which  is  held 
by  this  State,  and  if  the  same  be  deemed  advisable  by  the 
said  commission,  the  Governor  of  Maryland  is  hereby 
authorized  and  directed,  upon  the  application  of  the  said 
commission,  to  execute,  acknowledge  and  deliver  to  the 
Mayor  and  City  Council  of  Baltimore  such  deed  or  deeds  as 
may  be  proper  for  the  purpose  of  fully  confirming  this  grant. 

4.  To  incorporate  with  said  system  of  sewerage  or 
otherwise  utilize  for  the  purpose  of  this  Act,  so  far  as  it 
may  deem  expedient,  any  or  all  existing  public  sewers  or 
drains,  including  storm  water  sewers  and  drains,  in  the 
City  of  Baltimore,  and  any  and  all  of  their  appurtenances, 
either  in  their  present  condition  or  with  such  repairs, 
modifications  or  changes  as  said  commission  may  see  fit  to 
make,  and  to  condemn,  close  up,  abolish  or  destroy,  in  its 
discretion,  any  or  all  such  existing  public  sewers  and 
drains,  or  to  alter  their  functions,  or  to  increase  their  bur- 
dens, as  it  may  think  best. 


SEWERS — NEW  SEWERAGE  SYSTEM — CHIEF  ENGINEER. 


511 


5.  To  appoint  or  employ  a chief  engineer  and  such  other 
professional  or  technical  advisers  and  experts,  and  such 
agents,  assistants,  clerks,  employes  and  laborers,  skilled 
or  unskilled,  of  all  kinds,  as  it  may  deem  requisite,  for  the 
due  and  proper  execution  of  the  duties  devolved  upon  it  by 
this  Act,  or  any  of  them,  and  to  fix  their  respective  com- 
pensations and  to  remove  or  discharge  them  at  pleasure 
(except  such  highly  trained,  experienced  or  skilled  individ- 
uals as  it  may  agree  to  appoint  or  employ  upon  special  terms 
for  definite  and  fixed  periods  of  time),  and  to  exact  from 
them  such  indemnity  bonds  for  the  proper  performance  of 
their  respective  duties,  as  it  may  deem  proper. 

6.  To  frame,  promulgate  and  enforce  such  reasonable  Enforcementof 
rules  and  regulations  for  its  own  government  and  for  the 
supervision,  protection,  management  and  conduct  of  its 

work  as  it  may  believe  expedient. 

7.  To  make  and  enter  in  the  name  and  on  behalf  of  the 

Mayor  and  City  Council  of  Baltimore  any  and  all  contracts,  to  make  con- 
agreements  or  stipulations  germane  to  the  scope  of  its 
duties  and  powers  under  this  Act. 

8.  To  purchase,  hire  or  otherwise  lawfully  obtain  the 

use  of  all  such  machinery,  tools,  implements,  appliances.  Machinery 
supplies,  materials  and  working  agencies  as  it  may  need 
for  its  purposes  ; provided,  however,  that  this  enumeration 
of  special  powers  shall  not  be  construed  as  restricting  in 
any  degree  the  scope  of  the  general  powers  hereinbefore 
conferred  upon  said  commission ; and  provided,  further, 
that  said  commission  shall  have  no  authority  to  construct 
and  establish  any  sewerage  system  involving  the  discharge 
of  sewage,  as  distinguished  from  storm  water  or  ground 
drainage,  into  the  Chesapeake  Bay  or  any  of  its  tributaries. 


1904,  ch.  349,  Sec.  3. 

§8 24c.  The  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  agency  of  said  commission,  may  Municipality’s 
acquire  by  gift,  purchase,  lease,  whatever  the  duration  of  qStrl  iL^ds 
the  lease,  or  other  like  methods  of  acquisition,  or  by  con-  by^g?ft°pu?-^ 
demnation,  any  land  or  property  situated  wholly  or  partly  Sb^com*^’ 
within  the  City  of  Baltimore  or  within  any  of  the  counties  p?See^dings. 


512 


MISCELLANEOUS  LOCAL  LAWS 


of  this  State,  or  any  interest,  franchise,  easement,  right 
or  privilege  therein  which  may  be  required  for  the  purpose 
of  constructing  and  establishing  said  sewerage  system,  or 
any  part  or  parts  thereof,  or  that  may  be  needed  for  the 
workings  of  said  system  when  established,  and  when  and 
so  often  as  resort  shall  be  had  to  condemnation  proceed- 
ings, the  procedure  shall  be  that  marked  out  by  Sections 
360  to  365,  inclusive,  of  Article  23  of  the  Code  of  Public 
General  Laws  of  Maryland,  relating  to  condemnation  of 
property  by  corporations ; or  so  far  as  the  acquisition  by 
condemnation  of  any  such  land  or  property  situated  wholly 
or  partly  within  the  City  of  Baltimore,  or  any  interest, 
franchise,  easement,  right  or  privilege  therein  is  concerned, 
may  in  any  case  or  cases,  at  the  option  of  said  commission, 
be  such  as  may  now  or  at  any  time  hereafter  be  provided  for 
by  any  lawful  ordinance  or  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore,  adopted  pursuant  to  the  powers 
conferred  upon  it  by  Section  6 of  Article  4,  entitled  “City 
of  Baltimore,  ^ ’ of  the  Code  of  Public  Local  Laws  of  Mary- 
land, title  “General  Powers,’’  sub-title  “Condemnation  of 
Property,”  for  the  condemnation  of  any  land  or  property 
or  interest  therein,  situated  wholly  or  partly  within  the 
City  of  Baltimore,  or  such  as  may  be  provided  for  the  very 
purpose  by  any  lawful  ordinance  or  ordinances  of  the  Mayor 
and  City  Council  of  Baltimore ; which  said  ordinance  or 
ordinances  the  Mayor  and  City  Council  of  Baltimore  is 
hereby  fully  authorized  to  adopt ; provided,  provision  is 
made  therein  for  reasonable  notice  to  the  owner  or  owners, 
and  for  appeals  to  the  Baltimore  City  Court,  including  the 
Right  of  Ap-  right  of  appeal  to  the  Court  of  Appeals,  by  any  person 
interested,  including  the  Mayor  and  City  Council  of  Balti- 
more, from  the  decision  of  any  Commissioners  or  other 
persons  appointed  to  value  any  such  land  or  property,  or 
interest,  franchise,  easement,  right  or  privilege  therein. 


1904,  ch.  349,  Sec.  4. 

§824d.  All  individuals  and  corporations  lawfully 
Obstructions  to  having  buildings,  structures,  works,  conduits,  mains,  pipes, 
tracks  or  other  physical  obstructions  in,  over  or  under  the 


SEWERS — OBSTRUCTION  TO  A SEWERAGE  SYSTEM. 


513 


public  lanes,  avenues,  streets,  alleys  or  highways  of  the 
City  of  Baltimore,  which  shall  block  or  impede  the  progress 
of  said  sewerage  system,  when  in  process  of  construction 
and  establishment,  shall,  upon  reasonable  notice  from  said 
commission,  promptly  so  shift,  adjust,  accommodate  or 
remove  the  same,  at  their  own  cost  and  expense,  as  to 
fully  meet  the  exigencies  occasioning  such  notice  ; and  if 
any  such  individual  or  corporation  shall  refuse,  neglect  or 
fail  after  such  reasonable  notice  to  discharge  any  duty  cast 
upon  him  or  it  by  this  section,  he  or  it  shall,  in  addition  to 
but  not  in  substitution  for  any  other  remedy  or  remedies 
that  said  commission  or  the  Mayor  and  City  Council  of 
Baltimore  may  have  in  the  premises,  be  subject  to  a fine 
of  one  hundred  dollars  for  each  and  every  offense,  and  also 
to  an  additional  fine  of  fifty  dollars  a day  for  every  day 
that  said  refusal,  neglect  or  failure  shall  continue ; said  . 
fines  to  be  collected  as  other  fines  in  the  City  of  Baltimore 
are  collected  ; and  should  the  exigencies  of  said  commission 
and  its  work  in  any  case  involve  a taking,  in  the  constitu- 
tional sense,  of  the  franchise  or  right  in  the  exercise  of 
which  such  obstruction  had  its  origin,  the  Mayor  and  City 
Council  of  Baltimore,  acting  by  and  through  the  agency  of 
said  commission,  shall  be  empowered  to  secure  the  con- 
demnation of  such  franchise  or  right  in  the  manner 
provided  for  in  Section  3*  of  this  Act.  The  preceding 
provisions  of  this  Section  shall  likewise  be  applicable  to 
any  such  obstruction  in,  over  or  under  the  public  highways 
of  any  county  of  this  State  into  which  said  sewerage  sys- 
tem shall  extend.  The  duty  and  cost  of  adjusting  or  private  drains 
removing  private  drains  and  sewers  in  Baltimore  City  ^nd  sewers, 
which  shall  block  or  impede  the  progress  of  said  sewerage 
system  when  in  progress  of  construction  and  establish- 
ment, shall  rest  upon  and  be  borne  by  the  Mayor  and  City 
Council  of  Baltimore  exclusively. 


1904,  ch.  349,  Sec.  5.  1906,  ch.  132. 

§824e.  All  work  done  or  supplies  or  materials  purchased 
in  carrying  out  the  purposes  of  this  Act  when  involving  an 


'Note. — See,  section  §824c.  ante. 


514 


miscellaneous  local  laws. 


expenditure  of  five  hundred  dollars  or  more,  shall  be  by 
dolfe^by  con-  contract  awarded  to  the  lowest  responsible  bidder  in  accord- 
tract.  provisions  of  Section  14  and  15  of  Article 

4 entitled  “City  of  Baltimore’ ' of  the  Public  Local  Laws  of 
Maryland,  provided  however  that  said  Commission  shall  be 
empowered  if  it  sees  fit  to  insert  in  the  specifications  for 
any  such  work  reasonable  and  lawful  conditions  as  to  the 
hours  of  labor,  wages  and  the  residence  or  character  of 
workmen  to  be  employed  by  the  contractor,  and  especially 
so  far  as  may  be  practicable,  in  the  judgment  of  said  com- 
mission, such  reasonable  and  lawful  conditions  as  will  tend 
to  confine  employment  on  such  work  in  whole  or  in  part  to 
permanent  and  hona  fide  residents  of  the  State  of  Maryland 
only ; and  provided  however,  also  that  said  commission 
with  the  consent  of  three-fourths  of  all  its  members  may 
itself  do  any  part  or  parts  of  any  such  work  under  such 
conditions  in  every  respect  as  it  may  prescribe  by  day  labor 
whenever  the  chief  engineer  in  writing  shall  recommend 
that  course ; in  which  event  the  said  Commission  in  ad- 
dition to  its  other  powers  in  the  premises  shall  likewise  be 
authorized  to  devise,  promulgate  and  enforce  such  rules 
and  regulations  as  will  make  merit  and  personal  fitness  as- 
certained by  some  system  of  open  competition  or  registra- 
Tests  of  eiigi-  tion  or  both,  the  sole  tests  of  eligibility  for  all  positions  of 
positions  employment  under  its  control  which  it  may  see  fit  to  embrace 
age  Commis-  within  the  scope  of  said  rules  and  regulations  which  how- 
ever  may  be  limited  to  permanent  and  bona  fide  residents 
of  this  State  in  any  particular  any  and  all  bids  or  parts  of 
bids  for  any  such  work  or  supplies  or  materials  may  be 
rejected,  provided  however  that  all  bids  shall,  before  an 
award  is  made  by  the  Board  of  Awards  under  the  provis- 
ions of  said  Sections  14  and  15  of  Article  4,  entitled  ‘ ‘City 
of  Baltimore”  of  the  Public  Local  Laws  of  Maryland,  and 
so  soon  as  said  bids  shall  have  been  opened  by  the 
Board  of  Awards  be  referred  to  the  said  Commission  by 
said  Board  for  such  consideration  and  recommendations  in 
in  the  premises  the  said  Commission  shall  see  fit  to  give, 
and  make  which  said  consideration  and  recommendations 
shall  therefrom  be  given  and  made  by  the  said  Commission 
without  unnecessary  delay. 


SEWERS — NEW  SEWERAGE  SYSTEM  FUND. 


515 


1904,  ch.  349,  Sec.  6. 

§824f.  In  order  to  provide  money  for  the  projection, 
construction  and  establishment  of  said  sewerage  system 
the  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  to  issue  the  stock  of  said  corporation  for  a sum 
not  exceeding  ten  million  dollars ; said  stock  to  be  issued 
from  time  to  time  as  the  Mayor  and  City  Council  of  Balti- 
more shall  by  ordinance  prescribe,  and  to  be  issued  ^ 
such  amounts  and  to  be  payable  at  such  time  and  to  bear 
such  rate  of  interest  as  the  Mayor  and  City  Council  of  Bal- 
timore shall  by  ordinance  provide.  Said  stock  shall  be  sold 
and  issued  by  the  Commissioners  of  Finance  of  the  City  of 
Baltimore  at  the  best  prices  obtainable  in  their  judgment 
therefor,  and  any  premiums  derived  from  the  sale  thereof 
shall  remain  in  their  hands  as  part  of  the  sinking  fund 
hereinafter  mentioned  for  the  redemption  of  said  stock 
at  maturity.  The  residue  of  the  money  received  from  the 
sale  of  said  stock  shall  be  turned  over  by  them  to  the  Comp- 
troller, to  be  by  him  deposited  with  the  City  Register,  and 
to  be  placed  to  the  credit  of  a fund  to  be  known  as  the 
“New  Sewerage  System  Fund’',  which  shall  be  exclusively  “New  Sewer- 
applicable  to  the  cost  of  the  work  authorized  by  this  Act,  Fund/’ 
and  shall  be  chargeable  with  no  other  items  of  cost  or  ex- 
pense whatever.  Appropriations  for  the  cost  of  said  work, 
based  upon  the  estimates  of  said  commission,  shall  be 
annually  included  by  the  Board  of  Estimates  in  the  usual  Annual  appro- 
way  in  the  Ordinance  of  Estimates,  and  upon  the  written 
requisitions,  supported  by  proper  vouchers  of  the  chairman 
of  said  commission,  or  of  the  chairman  pro  tempore  of  said 
commission  countersigned  by  the  secretary  of  said  commis- 
sion, or  by  the  secretary  pro  tempore  of  said  commission, 
either  of  which  officers  the  said  commission  is  hereby 
authorized  to  appoint  by  vote  or  resolution  in  the  event 
of  the  absence,  sickness  or  other  disability  for  the 
time  being  of  its  chairman  or  secretary,  respectively,  the 
Comptroller  shall  draw  his  warrants  upon  the  City  Register, 
payable  out  of  such  appropriations  from  said  special  fund 
for  the  amounts  of  all  items  of  cost  or  expense  properly 
chargeable  upon  said  special  fund.  But  said  stock  shall 
not  be  issued,  in  whole  or  in  part,  unless  the  ordinance  of 


516 


MISCEIvIvANKOUS  LOCAI.  LAWS. 


To  redeem 
stock  at  its 
maturity. 


When  sewer- 
age system  is 
in  operation. 


the  Mayor  and  City  Council  of  Baltimore  providing  for  the 
issuance  thereof  shall  be  submitted  to  the  legal  voters  of 
the  City  of  Baltimore  at  such  time  and  place  as  may  be 
fixed  by  said  ordinance,  and  be  approved  by  a majority  of 
the  votes  cast  at  such  time  and  place  as  required  by  Section 
7 of  Article  XI  of  the  Constitution  of  Maryland.  If  issued 
pursuant  to  such  approval,  the  Mayor  and  City  Council  of 
Baltimore  shall  levy  in  each  and  every  year  upon  all  pro- 
perty liable  to  taxation  in  the  City  of  Baltimore  a sum 
sufficient  to  pay  the  interest  accruing  on  said  stock  and  to 
create  a sinking  fund  sufficient,  with  the  aid  of  any 
premiums  on  the  sale  thereof,  to  redeem  said  stock  at  its 
maturity. 


1904,  ch.  349,  Sec.  7. 

§824g.  So  often  as  any  portion  of  said  sewerage 
system  shall  be  in  actual  operation  and  in  a condition  to 
collect,  transmit  and  dispose  of  domestic  or  house  sewage, 
the  said  commission  shall  notify  the  Commissioner  of 
Health  of  the  said  City  of  Baltimore  of  that  fact  and 
impart  to  him  the  metes  and  bounds  of  said  portion  of  said 
sewerage  system  in  such  state  of  preparedness,  and  it  shall 
thereupon  become  his  duty  to  require  all  owners  of 
property  within  such  metes  and  bounds,  and  shall  become 
the  duty  of  all  such  owners  at  their  own  cost  and  expense 
to  forthwith  connect  their  respective  house  drains  at  their 
respective  building  lines  with  said  sewerage  system,  and  to 
forthwith  clean  out  and  fill  up  their  respective  privy  sinks, 
wells,  cesspools  or  other  sewerage  or  drainage  receptacles, 
and  to  abandon  the  use  of  their  existing  arrangements  of 
every  sort  for  the  disposal  of  sewage  or  drainage  under 
the  directions  and  control  of  said  Commissioner  of  Health; 
and  full  power  is  hereby  conferred  upon  the  Mayor  and 
City  Council  of  Baltimore  to  pass  any  ordinance  or 
ordinances  and  provide  for  any  remedial  proceedings  or 
processes  or  for  any  penalty  or  penalties  that  may  be 
necessary,  in  its  judgment,  to  enable  said  Commissioner  of 
Health  to  properly  and  effectively  comply  with  the  obliga- 
tions or  any  of  the  obligations  hereinbefore  imposed  upon 


SEWERS — RECORDS  PRESERVED. 


517 


him  by  this  section  of  this  Act,  and  to  keep  the  drainage 
connections  between  said  respective  building  lines  and  said 
sewerage  system  free  from  obstruction  and  in  good 
working  order ; and  to  do  any  and  all  things  reasonably 
necessary  to  be  done  to  compel  said  owners  of  said 
property  to  place  and  maintain  the  same  in  relations  of 
full  co-operation  with  said  sewerage  system. 


1904,  ch.  349,  Sec.  8. 

§824h.  While  the  work  authorized  by  this  Act  is 
being  done  by  said  commission  the  respective  duties  and 
powers  of  the  City  Engineer  and  Commissioner  of  Street 
Cleaning  and  other  City  officials  in  their  relations  to  the 
existing  sewers  and  drains  of  the  City  of  Baltimore  shall, 
subject  to  the  duties  and  powers  hereby  conferred  upon 
said  commission,  continue  as  at  present ; and  said  com- 
mission shall  be  authorized  as  its  work  progresses  to  turn 
over  from  time  to  time,  in  its  discretion,  such  completed 
portions  of  said  work  as  it  may  see  fit  to  the  charge, 
superintendence  and  control  of  the  proper  city  officials. 

When  its  work  under  this  Act  has  been  fully  and  finally 
completed  in  every  respect,  and  not  before,  the  life  of  said 
commission,  as  originally  appointed  and  as  subsequently 
recruited  by  appointments  to  occasional  vacancies,  if  any, 
shall  come  to  an  end,  and  the  said  sewerage  system 
established  by  it  shall,  so  far  as  it  has  not  already  been 
surrendered  to  the  charge,  superintendence  and  control  of 
said  officials,  be  then  so  surrendered,  and  at  the  same  time 
all  the  records,  writings  and  papers  of  said  commission 
shall  be  delivered  up  to  the  City  Librarian,  to  be  preserved  to  preserve 

. in  T nn  ••  records,  etc. 

in  his  office,  and  all  property  and  effects  in  its  possession  ^ommisSon 
belonging  to  the  City  to  the  Comptroller,  to  be  disposed  of 
by  him  as  may  be  provided  by  ordinance.  * 


‘Note. — Act  1904,  ch.  349,  Sec.  9,  repeals  Act  1901,  ch.  19. 


518 


MISCKIvLANEOUS  LOCAL  LAWS. 


SHERIFF’S  FEES. 

P.  L.  Iv.,  (1888)  Art.  4,  Sec.  799A.  1892  ch.  406. 

825.  The  Sheriff  of  Baltimore  City  shall  hereafter 
receive  for  the  services  hereinafter  recited,  fees  as  follows: 
^ For  serving  an  attachment  of  contempt  and  return,  one 
dollar  and  fifty  cents. 

For  an  arrest  on  warrant  and  return  in  criminal  cases, 
one  dollar. 

Deale  v.  Estep,  3 Bland  435. 


STOCKS.  LOANS  AND  FINANCE.* 

1886,  cli.  509.  P.  L.  D.,  (1888)  Art.  4,  Sec.  805. 

826.  The  Mayor  and  City  Council  of  Baltimore  are 
authorized  and  empowered  to  endorse  the  bonds  of  the 
To  endorse  Baltimore  and  Eastern  Shore  Railroad  Company  to  the 
timore  and  ■ extent  of  ten  thousand  dollars  per  mile  of  said  railroad,  as 
shSrS.  R.  the  same  is  completed  ; provided,  that  no  such  endorsement 
shall  be  made  until  an  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore,  authorizing  and  directing  the  same, 
and  the  terms  and  conditions,  and  mode  and  manner  of 
making  said  endorsement  shall  have  been  submitted  to  the 
legal  and  qualified  voters  of  the  City  of  Baltimore,  at  such 
time  and  place  as  may  be  fixed  by  said  ordinance,  to  be 
approved  by  a majority  of  votes  cast  at  such  time  and 


*NoTE. — The  following  loans  have  been  authorized  by  Acts  of  Assembly 
and  approved  by  the  people  since  the  enactment  of  the  new  charter; — 

(1)  Western  Maryland  Refu7iding  Loa^i,  Act  1898,  ch.  210,  author- 
izing issue  of  stock  to  amount  of  |1, 875, 000  to  extinguish  certain  mort- 
gage bonds  maturing  January  1,  1900,  and  an  issue  of  $1,000,000  of  stock 
loaned  said  railroad,  maturing  January  1,  1902.  See  also,  Act  1900,  ch. 
280,  ratifying  Ord.  32,  February  8,  1900. 

(2)  Public  Improvement  $6,000,000  Loan,  Act  1898,  ch.  361,  ratifying 
and  confirming  Ord.  100,  October  7,  1892,  authorizing  an  issue  of  six 
million  dollars  of  registered  bonds  of  the  City  of  Baltimore  for  the  pur- 
poses set  out  in  said  ordinance. 

(3)  Refimding  Loaii  for  $4,300,000,  to  redeem  certain  loans  named 
in  Act  1898,  ch.  373,  authorizing  said  refunding  loan. 

(4)  Conduit  Loan  for  $1,000,000,  Act  1902,  ch.  246.  See  Sec.  §826a., 
post,  page. 


STOCKS,  LOANS  AND  FINANCE — ELECTRICAL  COMMISSION. 


519 


place  ; provided  further,  that  the  aggregate  amount  of  such 
endorsements  shall  not  exceed  the  sum  of  five  hundred 
thousand  dollars,  and  that  the  bonds  so  endorsed  shall  be 
secured  by  first  mortgage  on  the  property  and  franchises 
of  said  Baltimore  and  Eastern  Shore  Railroad,  shall  bear 
interest  at  a rate  not  exceeding  three  and  one-half  per  cent, 
per  annum ; and  provided  further,  that  before  the  said 
ordinance  shall  be  passed  by  the  Mayor  and  City  Council  of 
Baltimore,  or  submitted  to  the  voters  of  said  City,  the 
propriety  of  making  said  endorsement  shall  receive  the 
approval  and  endorsement  of  the  Board  of  Trade  of  the 
City  of  Baltimore,  of  the  Corn  and  Flour  Exchange,  of  the 
Merchants  and  Manufacturers’  Association  of  said  Balti- 
more City,  and  of  the  Merchants  and  Manufacturers’ 
Association  of  Old  Town,  expressed  by  a majority  vote  of 
said  associations,  respectively,  and  duly  certified  to  the 
Mayor  and  City  Council  of  Baltimore. 


Electrical  Commission, 

1902,  ch.  246. 

§826a.  The  Mayor  and  City  Council  of  Baltimore  be nooo.ooo loan 
and  it  is  hereby  authorized  to  issue  its  stock  to  an  amount  extSL^ons^ 
not  exceeding  one  million  dollars  ($1,000,000),  to  be  issued 
in  such  amount  or  amounts,  and  payable  at  such  time,  and 

(5)  Water  Loan  for  $1,000,000,  Act  1902,  ch.  333. 

(6)  Annex  Improvement  Loan,  {See,  Sec.  §3a,  ante.  Act  1904,  ch. 

274. 

(7)  Park  Improvement  Loan,  Act  1904,  ch.  338.  See,  Secs.  §739b  to 
§739f,  inclusive,  ante. 

(8)  New  Sewerage  System,  Act  1904,  ch.  349.  See,  Secs.  §824a  to 
§824h,  inclusive,  a7ite. 

(9)  Burfit  District  Improvemerit  Loan,  Acts  1904,  ch.  444,  and  1904, 
ch.  468,  authorizing  issue  of  ^6,000,000  of  City  Stock  to  defray  expenses 
of  improvements  in  the  Burnt  District.  See,  Appendix,  post,  page. 

See,  omnibus  ordinance  relating  to  City  loans,  post.  Art  34,  Sec.  19. 

The  Act  1906,  ch.  467 authorizes  the  issue  of  |1, 000, 000  of  city  stock 
for  the  purpose  of  acquiring  land  for  fire  engine  houses,  and  for  con- 
structing or  re-constructing  fire  engine  houses,  when  ordinance  providing 
for  same  shall  be  submitted  to  and  approved  by  the  people. 


520 


MISCKivLANEOUS  LOCAL  LAWS. 


Issue  of  bonds 
for. 


M.  & C.  C.  of 
Baltimore  to 
submit  ordi- 
nance to  peo 
pie. 


bearing  such  rate  of  interest  as  the  said  Mayor  and  City 
Council  of  Baltimore  shall  by  ordinance  prescribe.  The 
proceeds  of  said  issue  to  be  used  to  provide  extensions  to 
the  underground  conduits  built  under  the  direction  of  the 
Electrical  Commission  in  said  city,  said  extensions  to  be 
made  in  accordance  with  authority  vested  in  said  Electrical 
Commission  by  Ordinances  106,  107  and  108  of  the  Ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore,  by 
virtue  of  the  provisions  of  Chapter  200  of  the  Acts  of 
Assembly  of  Maryland  enacted  during  the  session  of  the 
year  1892,  but  said  stock  shall  not  be  issued  unless  the 
ordinance  providing  for  the  issue  of  said  stock  shall  be 
approved  by  a majority  of  the  legal  voters  of  said  city  cast 
at  some  time  and  place  to  be  fixed  by  said  ordinance  in  a 
provision  for  submitting  the  same  to  the  legal  voters  of 
said  city,  as  required  by  Section  7 of  Article  eleven  of  the 
Constitution  of  this  State.* 


Municipal  Lighting  Plant. 

1900,  ch.  152. 

§8 26b.  The  Mayor  and  City  Council  of  Baltimore  is 
hereby  authorized  to  issue  its  stock  to  an  amount  not 
exceeding  one  million  three  hundred  and  fifty  thousand 
dollars,  to  be  issued  from  time  to  time,  in  such  amounts, 
and  payable  at  such  time  and  bearing  such  rate  of  interest 
as  the  said  Mayor  and  City  Council  of  Baltimore  shall  by 
ordinance  prescribe.  The  proceeds  of  said  issue  to  be  used 
to  provide  a public  lighting  plant  to  supply  said  city  and 
the  inhabitants  thereof  with  light,  but  said  stock  shall  not 
be  issued  unless  the  Mayor  and  City  Council  shall  by  ordi- 
nance determine  to  erect  and  equip  such  public  lighting 
plant,  and  unless  the  ordinance  providing  for  the  issue  of 
said  stock  shall  be  approved  by  a majority  of  the  legal 
voters  of  said  city,  cast  at  some  time  and  place  to  be  fixed 
by  said  ordinance  in  a provision  for  submitting  the  same 

*Note. — This  Act  was  approved  by  the  people  at  election  of  November, 
1902. 


STREETS,  BRIDGES  AND  HIGHWAYS — OPENING  STREETS. 


521 


to  the  legal  voters  of  said  city,  as  required  by  Section 
seven  of  Article  XI  of  the  Constitution  of  this  State. 


STREETS,  BRIDGES  AND  HIGHWAYS. 

Opening  Streets. 

P.  E.  L.,  (1888)  Art.  4,  Sec.  806A.  Act  1892,  ch.  165.  1906,  ch.  25. 

827.  Whenever  any  property  shall  have  been  condemned 
in  any  form  of  proceeding  for  the  use  of  the  Mayor  and 
City  Council  of  Baltimore,  and  in  consequence  of  infancy,  Court  for 
insanity  or  absence  from  the  City  of  any  person  or  persons  daii“Jes.° 
entitled  to  receive  any  money  awarded  in  any  such  pro- 
ceedings conflicting  claims,  refusal  to  accept,  or  any  other 
cause  such  money  cannot  be  safely  and  reasonably  paid  to 
any  person  or  persons  it  shall  be  lawful  for  the  Mayor  and 
City  Council  of  Baltimore  to  file  a bill  or  petition  in  any 
Court  of  Equity  in  the  City  or  County  where  the  property 
is  condemned,  or  any  portion  thereof,  lies,  and  whenever 
such  Court  shall  be  satisfied  that,  for  any  of  the  reasons 
aforesaid,  that  said  Mayor  and  City  Council  of  Baltimore 
should  be  permitted  to  pay  the  said  money  into  such  Court, 
it  shall  pass  such  decree  as  it  shall  deem  proper  and  the 
payment  of  any  money  into  Court  under  any  such  decree 
or  order  shall  be  considered  in  all  respects  equivalent  to  a 
tender  thereof  to  any  person  or  persons  entitled  to  such 
money  and  who  may  be  made  a party  or  parties  to  such 
proceeding  and  upon  making  such  payment  the  said  Mayor 
and  City  Council  of  Baltimore  shall  be  thereby  released 
from  all  further  liability  for  the  money  awarded  as 
aforesaid  to  any  person  or  persons  who  may  be 
made  a party  or  parties  to  such  proceeding  as  aforesaid, 
and  in  all  cases  when  one  or  more  persons  is  or  are  en- 
titled to  an  estate  for  life  or  years  or  an  estate  tail  fee 
simple,  conditional,  base  or  qualified  fee  or  any  other 
particular,  limited  or  conditional  estate  in  property  con- 
demned as  aforesaid  and  any  person  or  persons  is  or  are 
entitled  to  a remainder  or  remainders,  vested  or  contingent 
or  an  executory  devise  or  devises,  or  any  other  interest, 
vested  or  contingent  in  the  same  property  if  all  persons 


522 


MISCKI.I.ANEOUS  EOCAE  EAWS. 


Notice  before 
Ordinance 
shall  be 
passed. 


in  being  who  would  be  entitled  to  the  said  property  if  the 
contingency  had  happened  at  the  date  of  the  filing  of  the 
aforesaid  bill  or  petition  shall  be  made  parties  to  the  such 
proceeding,  the  payment  into  Court  of  the  money  awarded 
for  such  property  shall  bind  all  persons  whether  in  being 
or  not  who  claim  or  may  claim  any  interest  in  the  said 
property  under  any  of  the  parties  to  the  said  cause  or 
under  any  person  from  whom  any  of  the  parties  thereto 
claim  or  from  or  under  or  by  the  original  deed  or  will  by 
which  such  particular,  limited  or  conditional  estates  with 
remainders  or  executory  devises  were  created  and  the  said 
Mayor  and  City  Council  of  Baltimore  shall,  upon  making 
such  payment,  be  thereby  released  from  all  further  liability 
for  the  money  awarded  as  aforesaid. 

Gardiner  v.  Baltimore  City,  96  Md.  375. 


1838,  ch.  226.  P.  E.  L.,  (1860)  Art.  4,  Sec.  838.  P.  E.  E.,  (1888)  Art.  4, 
Sec.*  807.  1896,  ch.  328. 

828.  Before  they  shall  pass  any  ordinance  under  Sec- 
tion 6 of  this  Article,  paragraph  ‘‘Streets,  Bridges  and 
Highways,’’  relating  to  the  laying  out,  opening,  extend- 
ing, widening,  straightening  or  closing  up,  in  whole  or  in 
part,  of  any  street,  square,  lane  or  alley  within  Baltimore 
City,  notice  shall  be  given  by  advertisement  published  once 
a week  for  six  consecutive  weeks  in  two  of  the  daily  news- 
papers in  the  said  City,  that  application  shall  be  made  for 
the  passage  of  such  ordinance,  which  notice  shall  set  forth 
clearly,  in  the  case  of  laying  out,  opening  or  extending  any 
street,  square,  lane  or  alley,  the  length  or  width  of  such 
street,  square,  lane  or  alley,  or  part  thereof  to  be  laid  out, 
opened  or  extended,  and  in  the  case  of  widening  or 
straightening  shall  set  forth  clearly  both  the  present  and 
the  intended  width,  and  also  the  length  of  any  street,  lane 
or  alley,  or  part  thereof  intended  to  be  widened  or  straight- 
ened, and  in  case  of  closing  shall  set  forth  clearly  the 
length  and  width  of  the  street,  lane  or  alley,  or  any  part 
thereof,  intended  to  be  closed ; and  notice  shall  also  be 
given  by  filing  in  the  office  of  the  Commissioners  for 


STREETS,  BRIDGES  AND  HIGHWAYS — OPENING  STREETS. 


523 


Opening  Streets  on  or  before  the  first  day  of  such  publica- 
tion, a map  on  the  scale,  not  smaller  than  fifty  feet  to  the  prepare  map  of 
inch,  prepared  by  some  competent  surveyor,  whose  name  provements. 
shall  be  signed  to  the  same,  which,  in  case  of  laying  out, 
opening,  extending,  widening  or  straightening  shall  show 
the  course  and  the  lines  of  the  projected  improvement,  and 
also  the  lots  and  buildings  thereon  which  shall  be  taken  or 
destroyed,  in  whole  or  in  part,  and  which,  in  the  case  of, 
closing,  shall  show  the  street,  lane  or  alley,  or  part  there- 
of, intended  to  be  closed,  and  also  the  abutting  lots  and 
improvements  thereon.  It  shall  be  the  duty  of  the  Com- 
missioners to  endorse  on  said  map  their  names,  with  the 
date  of  it  being  filed  in  their  office,  and  to  keep  the  said 
may  where  the  public  may  have  access  to  it,  whenever 
said  map  may  be  needed  for  the  purpose  of  being  shown 
at  any  meeting  of  the  City  Council  or  of  any  committee 
thereof,  they  may,  on  the  written  order  or  request  of  the 
President  of  either  Branch  of  the  City  Council  or  of  the 
chairman  of  such  committee,  and  on  obtaining  his  receipt 
therefor,  allow  the  said  map  to  be  taken  from  their  office 
for  that  purpose,  to  be  returned  on  the  following  day. 

Methodist  Protestant  Ch.  v.  Gill,  6 Gill  391.  Stewart  v.  Ma}'or,  etc., 

7 Md.  500.  Baltimore  v.  Bouldin,  23  Md.  370.  Page  v.  Mayor,  34  Md. 

558.  Mayor,  etc.  v.  Grand  Lodge,  44  Md.  436.  Dashiell  v.  Mayor,  etc., 

45  Md.  616.  Mayor  v.  Little  Sisters,  etc.,  56  Md.  400.  Central  Savings 
Bank  v.  Baltimore,  71  Md.  515.  Burk  v.  Baltimore,  77  Md.  469.  Riggs 
V.  Winterode,  100  Md.  447. 

See,  cases  under  Sec.  6,  (26)  (a).  ''Opening,  etc.  streets,"'  ante. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  839.  P.  L.  L.,  (1888)  Art.  4,  Sec.  808. 

829.  Before  any  commissioners  appointed  by  any  ordi- 
nance of  said  corporation  under  the  two  preceding  sections 
shall  proceed  to  the  performance  of  their  duty,  they  shalL, ^ 

. i.*  • 1 1 1 *1  Notice  of  object 

give  notice  m at  least  two  of  the  daily  newspapers  in  the  ordinance. 

City  of  Baltimore  of  the  object  of  the  ordinance  under 
which  they  propose  to  act,  at  least  thirty  days  before  the 
time  of  their  first  meeting  to  execute  the  same. 

Baltimore  v.  Bouldin,  23  Md.  370.  *Central  Savings  Bank  v.  Balti- 
more, 71  Md.  520.  *Riggs  v.  Winterode,  100  Md.  447. 


524 


MISCKIvLANBOUS  LOCAI.  LAWS. 


1874,  ch.  218.  P.  L.  L.,  (1888)  Art.  4,  Sec.  812. 

830.  A tenant  for  ninety-nine  years,  or  for  ninety-nine 
years,  renewable  forever,  or  the  executor  or  administrator 
of  such  tenant,  or  the  guardian  of  an  infant  owner,  or  a 
mortgagee  in  possession,  shall  be  deemed  and  taken  as  an 
owner.  owner  for  the  purposes  of  any  application  to  the  Mayor  and 
City  Council  authorized  by  this  sub-division  of  this  Article; 
and  the  application  of  any  such  person  shall  bind  the  pro- 
perty so  represented  for  any  assessment  or  tax  made  under 
an  ordinance  passed  in  pursuance  of  the  provisions  of  this 
sub-division  of  this  Article. 

^Holland  v.  Mayor,  11  Md.  186.  *Wolff  v.  Mayor,  49  Md.  446.  Handy 
V.  Collins,  60  Md.  229.  *Mayor,  etc.  v.  Boyd,  64  Md.  10.  *Galloway  v. 
Shipley,  71  Md.  243. 


1833,  ch.  182.  P.  L.  L.,  (1860)  Art.  4,  Sec.  842.  P.  L.  L.,  (1888) 
Art.  4,  Sec.  813. 

831.  Where  real  estate  within  the  said  City  has  been 
or  may  be  divided  according  to  law  among  heirs,  legatees. 

Opening  ac-  joint  tenants  or  tenants  in  common,  entitled  to  the  same;  and 
vision  among  such  division  calls  for  any  of  the  streets,  lanes  or  alleys  or 
joint  owners.  thoroof  survoyod  and  laid  off  under  the  Act  of 

1817,  Chapter  148,  or  reserves  any  of  the  streets,  lanes  or 
alleys,  or  any  part  thereof,  as  open,  and  divides  such  estate 
with  reference  thereto,  the  Mayor  and  City  Council  of 
Baltimore  may,  on  application  of  one  or  more  persons 
interested  in  the  ground  to  be  taken  on  such  application, 
adopt  and  sanction  by  ordinance  the  principle  under  which 
such  division  was  had,  and  open  any  of  the  said  streets, 
lanes  or  alleys,  or  any  parts  thereof,  in  the  said  division 
reserved  or  recognized ; provided,  at  least  one  week’s 
notice  in  the  newspapers  of  said  City  (the  cost  of  the  adver- 
tisement to  be  paid  by  the  applicants),  be  given  of  such 
application  before  any  such  ordinance  shall  pass. 

1832,  ch.  182.  P.  Iv.  P.,  (I860)  Art.  4,  Sec.  850.  P.  L.  L.,  (1888) 
Art.  4,  Sec.  814. 

832.  All  the  streets,  lanes,  or  alleys  opened  in  the 
manner  directed  in  the  preceding  section  shall  be  public 


STREETS,  BRIDGES  AND  HIGHWAYS— GRADES  OF  STREETS. 


525 


highways,  and  be  subject  to  the  laws,  regulations  and 
ordinances  applicable  to  public  streets,  lanes  or  alleys,  or 
parts  thereof,  in  said  City. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  851.  P.  E.  E.,  (1888)  Art.  4,  Sec.  815. 

833.  They  may,  on  application  of  the  owners  of  a majori- 
ty of  feet  in  front  of  any  private  wharf,  dock,  street,  lane 
or  alley,  cause  the  same  to  be  paved,  cleaned  out,  mended 
or  otherwise  repaved  or  kept  in  good  condition  or  repair, 
and  may  impose  upon  and  collect  from  all  the  proprietors 
of  the  property  so  to  be  cleaned  out  or  repaired,  a tax 
sufficient  in  amount  to  defray  the  expenses  thereof,  which 
shall  be  assessed  upon  the  proprietors  in  proportion  to  the 
number  of  feet  held  by  them,  respectively,  in  front  or 
length,  and  shall  be  collected  by  the  Mayor  and  City  Coun- 
cil of  Baltimore  as  taxes  levied  for  paving  public  streets. 


Grades  of  Streets. 

1904,  ch.  34. 

§8 33a.  Whenever  the  establishment  of  the  grade  of 
any  street,  or  alley,  or  part  thereof,  in  the  City  of  Baltimore, 
shall  become  necessary,  it  shall  be  the  duty  of  the  City 
Surveyor  of  Baltimore  City,  and  he  shall  be  notified  of  such 
establishment  by  the  City  Engineer  of  said  City  whose 
duty  it  shall  be  to  give  such  notification,  to  establish  such 
grade  and  to  prepare  the  profile  of  the  same  ; and  it  shall 
also  be  his  duty  to  prepare  all  paving  plats  whenever  the 
same  shall  be  necessary  or  their  use  required  for  the  City 
of  Baltimore. 


1904,  ch.  34. 

§833b.  The  compensation  of  the  duties  so  to  be  per- 
formed by  the  City  Surveyor  under  this  Act  shall  be  fixed 
by  the  following  table,  viz  : 

For  establishing  the  grades  of  any  street,  one  square  five 
dollars. 


To  be  public 
highways 
when  so 
opened. 


Cost  of  clean- 
ing private 
wharves  and 
streets. 


Establishing 
street  and  al- 
ley grades. 


City  Surveyor’s 
compensa- 
tion for 
same. 


526 


MISCELLANEOUS  LOCAL  LAWS. 


Alteration  of 
grade  on  Cer- 
tificate of 
Commission- 
er of  Health. 


Turnpikes  in 
City  limits. 


For  all  over  one  square,  each,  three  dollars. 

For  paving*  plat,  each  square,  five  dollars,  as  provided 
by  Section  5,  Article  49,  of  the  Baltimore  City  Code  of 
1893.** 


P.  L.  L.,  (1860)  Art.  4,  Sec.  854.  P.  L.  L.,  (1888)  Art.  4,  Sec.  817. 

834.  Whenever  the  Commissioner  of  Health  shall  cer- 
tify in  writing  to  the  Mayor  that  it  is  necessary  for  the 
health  of  the  City  to  alter  the  grade  of  any  street,  lane  or 
alley  on  low  or  made  ground,  the  Mayor  shall  issue  his 
order  to  the  City  Engineer,  who  shall  thereupon  call  upon 
the  several  property-holders  on  such  street,  lane  or  alley, 
and  procure  from  them  their  assent  in  writing  to  such 
alteration  ; and  if  any  property-holder  shall  refuse  to  per- 
mit the  same  to  be  graded,  and  shall  require  damages 
therefor,  and  cannot  agree  with  the  City  Engineer  as  to 
the  amount  of  damages,  or  should  there  be  any  legal  disa- 
bility on  the  part  of  those  owning  property  on  such  street, 
lane  or  alley  the  Judge  of  the  Baltimore  City  Court,  on 
application  of  the  corporation,  shall  appoint  three  disinter- 
ested persons  to  assess  such  damages,  who  shall  return  on 
oath  their  award  to  said  Court,  and  the  same  shall  be  con- 
firmed by  the  court  unless  cause  to  the  contrary  be  shown  ; 
in  which  case  the  court  shall  at  the  first  term  thereafter 
decide  finally  thereon  ; and  when  the  damages  so  assessed 
or  agreed  upon  shall  be  paid  by  the  Mayor  and  City  Coun- 
cil of  Baltimore  to  the  persons  so  assessed,  and  legally  en- 
titled to  receive  the  same,  the  Mayor  and  City  Council  of 
Baltimore  may  proceed  to  regrade  and  pave  the  said  street, 
lane  or  alley. 


1824,  ch.  105.  P.  L.  L.,  (1860)  Art.  4,  Sec.  857.  P.  L.  L., 

(1888)  Art.  4,  Sec.  818. 

835.  The  president,  directors  and  companies  of  the 
different  turnpike  companies  owning  roads  running  into 
the  City  of  Baltimore,  may  cede  to  said  City  such  parts  of 


**Now  Article  37,  Sec.  5,  posl^  of  this  Code. 


STREETS,  BRIDGES  AND  HIGHWAYS — NORTH  AVENUE. 


527 


said  roads  as  lie  within  the  corporate  limits  of  said  City  ; 
and  the  same,  when  ceded,  shall  be  in  all  respects  subject 
to  the  same  regulations  as  unpaved  public  streets. 

Hooper  v.  Prest.  Balto.  & Yorktown,  etc.  Road,  34  Md.  521.  M.  &C. 
C.  of  Balto.  V.  Turnpike  Co.,  80  Md.  541. 


1894.  ch.  123. 

836.  The  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  and  empowered  to  accept  from  the  conditions  of 
owners  thereof,  a deed  of  the  land  lying  in  the  bed  of 
Eutaw  Place  extended,  between  North  Avenue  on  the 
southeast  and  Druid  Hill  Park  on  the  northwest,  in  con- 
sideration of  an  agreement  on  the  part  of  said  grantee,  to 
be  incorporated  therein,  that  no  street  car  or  other  railroad 
tracks  shall  at  any  time  thereafter  be  located  or  placed  on 
any  part  thereof. 


1894,  ch.  123. 

837.  That  upon  the  execution  of  said  deed  and  acccept- 
ance  thereof  by  the  Mayor  and  City  Council  of  Baltimore 
embodying  said  contract  prohibiting  the  locating  or  placing  ^ s^t?Sts 
car  tracks  upon  any  part  of  the  land  so  to  be  granted,  the  prohibited, 
said  contract  shall  be  and  is  hereby  declared  to  be  forever 
thereafter  inviolable ; provided,  however,  that  nothing 
herein  contained  shall  prevent  the  Mayor  and  City  Council 
of  Baltimore  from  authorizing  by  ordinance  the  location  or 
construction  of  car  tracks  on  such  part  of  the  bed  of  said 
street  as  are  contained  within  the  limits  of  intersecting  or 
cross  streets  that  are  now  or  may  hereafter  be  provided  for 
by  ordinance  of  said  Mayor  and  City  Council  of  Baltimore. 


North  Avenue, 

P.  L.  L.,  (1860)  Art.  4,  Secs.  858-860.  1878,  ch.  59.  P.  L.  E.,  (1888) 

Art.  4,  Sec.  820. 

838.  The  bed  of  North  avenue,  throughout  its  entire  North  Avenue 
length,  shall  in  all  respects  be  hereafter  held  as  the  bed  of  strelt 
any  other  street  or  avenue  in  Baltimore  City,  so  far  as  the 
same  be  laid  down  on  Poppleton’s  map  of  Baltimore  City, 


528  MISCELI.ANEOUS  EOCAE  EAWS. 

and  subject  to  all  the  conditions  or  requirements  of  any 
other  street  or  avenue  in  said  City  ; and  any  and  all  of  the 
ground  fronting  thereon,  whether  in  Baltimore  City  or 
County,  shall,  in  the  event  of  said  avenue,  or  any  part 
thereof,  being  graded,  curbed,  paved,  shelled,  graveled,  or 
in  any  like  manner  improved,  be  subject  to  the  same  assess- 
ment for  the  cost  of  said  grading,  curbing,  paving, 
graveling,  shelling  or  like  improvement,  as  would  be  the 
case  with  ground  fronting  on  any  other  street  or  avenue  in 
the  City,  similarly  to  be  improved  as  aforesaid ; and  such 
ground  and  the  owners  and  representatives  thereof  shall  in 
such  event  be  held  liable  for  said  assessments,  and  the  said 
avenue  be  subject  to  all  the  Acts  of  Assembly  and  ordi- 
nances of  the  Mayor  and  City  Council  of  Baltimore  which 
are  now  or  may  be  hereafter  in  force  and  applicable  for 
grading,  curbing,  paving,  graveling,  shelling  or  any  like 
improvement  of  streets  or  avenues  in  Baltimore  City. 

Baltimore  City  v.  Porter,  18  Md.  284.  Mayor,  etc.  v.  Horn,  26  Md.  194, 
Lester  v.  Mayor,  29  Md.  419. 


York  Road. 

1906,  ch.  62,  Sec.  1. 

co^bbie^tone  § 838a.  It  shall  not  be  lawful  for  any  person,  corporation, 
dain  paving  municipality,  commission,  engineer,  agents,  or  employes  of 
ited.  such  corporations,  municipalities,  or  engineers  or  commiss- 
ion, to  lay  any  cobblestone  or  macadam  for  street  paving 
purposes  upon  the  York  road  between  North  avenue  and  the 
City  line  in  the  City  of  Baltimore,  without  the  consent  of 
the  General  Assembly  of  Maryland. 

Bridges  and  Highways. 

1888,  ch.  98,  Sec.  27.  P.  L.  L.,  (1888)  Art.  4,  Sec.  824. 

839.  The  bridges  which  the  County  Commissioners  of 
Baltimore  County  have  heretofore  agreed  to  build  within 
the  limits  of  the  territory  which  has  become  annexed  to 
Baltimore  City  under  the  Act  of  1888,  Chapter  98,  shall  be 
Annf?to  be  Completed  by  the  City  of  Baltimore  ; and  all  bridges  within 
the  limits  of  said  territory  shall  be  maintained  and  kept 


STREETS,  BRIDGES  AND  HIGHWAYS — BRIDGES  AND  HIGHWAYS. 


529 


in  repair  for  public  travel  at  the  expense  of  Baltimore  City; 
all  bridges  crossing  the  Patapsco  River  from  said  City, 
including  the  bridge  known  as  the  “Long”  or  Light  Street 
Bridge  shall  be  maintained  and  kept  in  repair  for  public 
travel  at  the  sole  expense  of  the  said  City  of  Baltim.ore.  **  pair  by  city. 

Puniplire}’  z\  Mayor,  47  Md.  145. 


of  streets, 
etc.,  in  Balti- 
more, to  con- 
form to  plan 
of  Topo- 
graphical 
Survey  Com- 
mission. 


P.  L.  L.,  (1888)  Art.  4,  Sec.  824- 1894,  ch.  576.  1902,  ch.  453. 

1904,  ch.  433.  1906,  ch.  158. 

840.  No  avenues,  streets  or  alleys  within  the  territory 
annexed  to  the  City  of  Baltimore  by  theAct  of  1888,  Chapter 
98  shall  hereafter  be  opened,  established  or  condemned, 
nor  shall  the  dedication  of  any  avenue,  street  or  alley  in 
said  territory  be  hereafter  accepted  by  the  Mayor  and  City 
Council  of  Baltimore  unless  the  same  shall  be  approved  in 
writing  by  the  Topographical  Survey  Commission,  consist- 
ing of  the  Mayor,  Comptroller  and  Register  of  the  City  of 
Baltimore,  or  unless  the  said  avenues,  streets  or  alleys  be  so 
opened,  established,  condemned  or  dedicated  that  the  lines 
and  grades  thereof  shall  conform  to  the  general  plan  of 
streets  for  the  annex  as  adopted  under  ordinance,  No.  129 
approved  December  3rd,  1898  or  as  said  plan  shall  be 
amended  in  accordance  with  the  provisions  of  this  Section, 
that  is  to  say ; with  the  approval  of  the  aforesaid  Topo- 
graphical Survey  Commission,  the  Mayor  and  City  Council 
of  Baltimore  may  by  ordinance,  from  time  to  time  and  in 
any  manner,  alter  or  amend  the  said  general  plan  of  streets, 
and  the  said  Mayor  and  City  Council  of  Baltimore  may 
thereafter  by  ordinance  open,  establish  or  condemn,  or  the 
Mayor  of  Baltimore  City  may  receive  a deed  for  any  avenue, 
street  or  alley  laid  down  on  the  said  general  plan  of  streets 
as  amended,  or  if  any  such  avenue,  street  or  alley  shall  be 
dedicated  the  same  may  thereafter  be  accepted,  said  Topo- 
graphical Survey  Commission  is  hereby  authorized  to  make 
such  rules  and  regulations  regarding  surveys,  plats  or  niakl°"uies, 

etc. 


**Note. — As  to  liability  of  municipality  for  defective  construction  or 
condition  of  bridges,  see, Co.  Commissioners  of  Harf.Co.  z^.Wise,  71  Md.  43. 


530 


MISCKI^IvANEOUS  EOCAE  LAWS. 


plans  relating  to  the  location  of  avenues,  streets  or  alleys 
as  they  may  deem  proper  from  time  to  time.  * 

Sindall  v.  Baltimore  City,  93  Md.,  529. 


P.  Iv.  L.,  (1888)  Art.  4,  Sec.  824A.  1890,  ch.  628. 

841.  All  streets,  avenues  or  alleys  lying  in  that  portion 
of  Baltimore  City,  formerly  constituting  a portion  of  Balti- 
more County,  and  in  pursuance  of  the  Act  of  the  General 
Assembly  of  Maryland  of  1888,  Chapter  98,  recently 
Streets  in  an-  annexed  to  the  said  City  of  Baltimore,  which  had  prior  to 
such  annexation  become  streets,  avenues  or  alleys  in  Balti- 
more County,  whether  by  deed  or  dedication,  shall  be  held 
for  all  purposes  to  validly  constitute  streets,  avenues  or 
alleys  of  Baltimore  City,  in  all  respects  as  if  the  same  had 
been  legally  condemned  as  such  by  the  Mayor  and  City 
Council  of  Baltimore. 

Park  Tax  Case,  84  Md.  1.  Baltimore  City  v.  Broumel,  86  Md.  155. 
Clendeniii  v.  Md.  Construction  Co.,  86  Md.  86. 


Annex  Improvement  Loan  and  Commission.*"^ 

1904,  ch.  274,  Sec.  1. 

Issuance  of  §84 la.  The  Mayor  and  City  Council  of  Baltimore  is 
prove  An’Jex  authorized  to  issue  stock  to  an  amount  not  exceeding  two 
dollars,  to  be  issued  from  time  to  time  and  payable 
at  such  time  and  bearing  such  rate  of  interest  as  the  said 
Mayor  and  City  Council  of  Baltimore  shall  by  ordinance 
prescribe ; provided,  however,  that  not  more  than  five 
hundred  thousand  dollars  of  said  stock  shall  be  issued  in 
any  one  year.  The  proceeds  of  the  sale  of  said  stock  shall 
be  used  only  for  the  purpose  of  providing  the  costs  and 
expenses  of  condemning,  opening,  grading,  paving  and 
curbing  the  streets,  avenues,  lanes  and  alleys  of  the  Annex 


*Notk, — As  to  dedication  of  streets,  see,  M.  & C.  C.  of  Baltimore  v. 
N.  C.  Ry.  Co.,  88  Md.,  427. 


**NoTE. — The  Act  1904,  ch.  274,  was  construed  re,  Flack  v.  Ma^or, 
etc.,  Baltimore,  103  Md.  Daily  Record,  July  6,  1906. 


ANNEX  IMPROVEMENT  LOAN  AND  COMMISSION. 


531 


portion  of  Baltimore  City.  The  certificates  of  stock  shall 
not  be  issued  and  the  commission  hereinafter  created  shall 
not  be  appointed  unless  and  until  the  ordinance  which  the 
Mayor  and  City  Council  of  Baltimore  are  hereby  author- 
ized to  pass  for  the  purpose  aforesaid  shall  be  approved  by 
a majority  of  the  votes  of  the  legal  voters  of  the  city  of 
Baltimore,  cast  at  the  time  and  place  to  be  appointed  by 
said  ordinance  in  the  provisions  for  submitting  the  same 
to  the  legal  voters  of  said  city. 


1904,  ch.  274,  Sec.  2. 

§841b.  The  Mayor  of  the  City  of  Baltimore  (if  the  loan 
provided  for  in  the  next  preceding  section  of  this  article 
shall  be  approved)  is  authorized  to  appoint,  in  the  manner 
prescribed  in  section  25  of  this  Article,  four  capable  and 
upright  citizens,  property  owners  and  residents  of  the 
Annex  portion  of  Baltimore  City,  two  of  whom  shall  be 
members  of  the  Republican  party,  who  together  with  the 
Mayor,  Comptroller,  City  Engineer  and  Commissioners  for 
Opening  Streets,  as  ex-officio  members,  shall  constitute  a 
special  commission,  to  be  known  as  the  “Annex  Improve- 
ment Commission”,  and  who  shall  continue  in  office  until 
the  work  of  said  commission  has  been  completed ; in  case 
of  death,  resignation  or  removal  from  office  of  any  of  said 
commission,  the  Mayor  shall  have  authority  to  appoint 
another  to  fill  said  vacancy.  The  members  of  said  commis- 
sion, other  than  the  ex-officio  members,  shall  receive 
compensation  for  their  services  at  the  rate  of  fifteen  hun- 
dred dollars  per  annum,  except  the  chairman  thereof,  who 
shall  receive  compensation  at  the  rate  of  two  thousand  dol- 
lars per  annum.  A majority  of  the  members  of  said  com- 
mission shall  be  a lawful  quorum  for  the  transaction  of 
business.  As  soon  as  the  appointed  members  of  said  com- 
mission shall  have  qualified,  they  shall  organize  by  the 
election  of  one  of  its  members  as  chairman  of  said  commis- 
sion, who  shall  be  removable  at  pleasure  by  said  commis- 
sion and  who  shall  preside  over  the  meetings  of  said  com- 
mission and  perform  such  other  duties  as  are  imposed  on 
him  by  this  sub-division  of  this  article,  or  may  be  assigned 


Annex  Im- 
provement 
Commission. 


Compensation 
for  services 
rendered. 


532 


MISCEI^I^ANKOUS  I.OCAI,  I^AWS. 


Secretary.  j^y  commission  ; and  they  shall  elect  a secretary, 

not  a member  of  said  commission  who  shall  be  removable  at 
pleasure  of  said  commission,  and  receive  compensation  not 
to  exceed  the  sum  of  twelve  hundred  dollars  per  annum; 
the  said  secretary  shall  keep  a record  of  the  proceedings  of 
said  commission  and  perform  such  other  duties  as  are  im- 
posed or  assigned  to  him  by  said  commission.  All  records 
of  said  commission  shall  be  public,  and  the  commission  shall 
make  annual  reports  to  the  Mayor  and  City  Council  of 
Baltimore  of  its  official  transactions  and  all  expenditures. 
The  Mayor  and  City  Council  of  Baltimore  shall  provide 
proper  offices  for  said  commission.  The  said  commission 
shall  have  authority  and  power  to  employ  any  help  or 
assistance  necessary  to  promote  the  object  and  purpose  of 
this  commission  and  its  work,  and  to  fix  the  compensation 
of  such  help  and  to  remove  or  discharge  them  at  their 
pleasure  ; also  to  purchase  necessary  office  furniture  and 
stationery. 

1904,  ch.  274,  Sec.  3. 

Rights  of  said  §841c.  Said  commission  shall  have  the  right  and  power 
to  condemn,  lay  out,  open,  extend,  widen,  straighten, 
close,  grade  and  pave  any  street,  avenue,  lane  or  alley  or 
any  part  thereof,  from  curb  to  curb  ; and  to  establish  and 
fix  the  building  line  and  the  width  of  the  sidewalks  on  any 
street,  avenue,  lane  or  alley  now  existing  or  to  be  laid  out, 
opened,  extended,  widened,  straightened,  graded  or  paved 
in  the  Annex  portion  of  the  City  of  Baltimore.  Said  com- 
mission shall  have  all  powers  necessary  and  proper  in  the 
exercise  of  said  powers  ; and  the  Mayor  and  City  Council 
of  Baltimore  is  hereby  authorized  and  empowered  to  grant 
by  ordinance  any  further  powers  and  duties  it  shall  deem 
necessary  for  the  proper  execution  of  the  improvements 
intended  to  be  made  by  this  sub-division  of  this  article. 

Flack  V.  M.  & C.  C.  of  Baltimore,  Daily  Record,  July  6,  1906;  to  be 
reported  in  103  Md. 


1904,  ch.  274,  Sec.  4. 

To  secure  maps  §84 Id.  Immediately  after  the  appointment  and  organi- 
gSdiSce!^  zation  of  said  commission  it  shall  cause  to  be  prepared  for 


STREETS,  BRIDGES  AND  HIGHWAYS— TO  SECURE  MAPS. 


533 


its  guidance  and  use  a map  or  maps  of  the  entire  Annex 
portion  of  the  city  of  Baltimore  or  any  part  or  parts 
thereof,  showing  the  streets,  avenues,  lanes  and  alleys  and 
the  number  of  houses  situated  in  and  the  area  of  each 
block  of  ground  in  said  Annex,  and  such  other  information 
as  may  be  desired.  The  said  commission  is  hereby 
authorized  to  direct  any  municipal  officer,  agent,  employe 
or  board  of  the  Mayor  and  City  Council  of  Baltimore  to 
furnish  such  maps  and  information  and  to  give  such  other 
assistance,  information  and  advice  as  may  be  requisite  to 
enable  said  commission  to  have  prepared  such  map  or  maps 
and  put  such  proposed  changes,  addition  or  improvements 
on  them,  and  to  give  such  other  assistance,  advice  and 
information  as  said  commission  may  require  to  carry  into 
effect  its  work  under  this  sub-division  of  this  article. 

1904,  ch.  274,  Sec.  5. 

§841e.  The  said  commission  hereby  created  shall  be  commission  to 
the  agent  of  the  Mayor  and  City  Council  of  Baltimore  to  fo^  mun^ci-* 
acquire  by  gift,  purchase,  lease,  whatever  the  duration  of 
the  lease,  or  by  other  methods  of  acquisition  or  by  condem- 
nation, any  private  property  whatsoever,  including  streets, 
avenues,  lanes  and  alleys,  rights  or  interests,  franchises, 
privileges  or  easement,  that  may  be  required  to  open, 
widen,  extend,  straighten,  close,  grade  or  pave  any  street, 
avenue,  lane  or  alley,  or  to  broaden  any  sidewalk  ; and  as 
soon  as  the  title  to  the  property  acquired  as  set  forth  here- 
in has  been  certified  by  the  City  Solicitor,  said  commission 
shall  have  the  same  conveyed  to  the  Mayor  and  City  Coun- 
cil of  Baltimore,  and  no  ordinance  shall  be  requisite  to  the 
validity  of  such  conveyance  ; said  streets,  avenues,  lanes 
and  alleys  so  conveyed  shall  become  public  highways, 
subject  to  all  ordinances  and  resolutions  relating  to  streets, 
avenues,  lanes  and  alleys  in  the  city  of  Baltimore. 

Authority  is  hereby  conferred  upon  the  Mayor  and  City  Authority  con- 
Council  of  Baltimore  to  provide  by  ordinance  or  ordinances 
the  proceedings  for  a condemnation  of  property  as  herein 
set  forth  by  the  said  commission. 

Flack  V.  Mayor,  etc.,  Baltimore,  Daily  Record,  July  6,  1906.  To  be 
reported  in  103  Md. 


534 


MISCELLANEOUS  LOCAL  LAWS. 


1904,  ch.  274,  Sec.  6. 

^euy  §841f.  No  money  shall  be  expended  by  said  commission 

liable.  p^y  fQY  improvement  of  sidewalks  in  the  said  Annex, 

but  same  shall  be  done  at  the  expense  of  the  owner  or 
owners  of  property  along  and  upon  the  streets,  avenues, 
or  lanes  on  which  the  said  sidewalks  are  to  be  placed  ; 
authority  is  given  said  commission  to  assess  said  property 
for  the  cost  and  expenses  of  said  sidewalks,  and  to  collect  the 
same  as  now  prescribed  by  law  or  ordinances. 


1904.  cli.  274,  Sec.  7. 

Authorized  to  §841g.  Said  commission  is  hereby  authorized  and 

enter  into  o o ^ 

contracts,  empowered  to  contract  with  any  person,  persons,  company 
or  corporation  for  the  work  of  opening,  grading,  curbing 
and  paving  the  streets,  avenues,  lanes  and  alleys  of  the 
Annex  as  intended  by  this  sub-division  of  this  article,  or 
to  employ  the  necessary  laborers,  help  and  assistance 
skilled  and  unskilled,  and  perform  the  work  under  their 
own  supervision.  The  costs  and  expenses  of  said  work 
and  all  necessary  expenses  of  this  commission  to  be  paid 
out  of  the  loan  as  provided  in  section  §841a  of  this  article, 
upon  vouchers  approved  by  the  said  commission  or  its 
chairman,  and  presented  to  the  Comptroller  and  City 
Register  of  the  City  of  Baltimore. 

Flack  V.  Mayor,  etc.,  Baltimore,  Daily  Record,  July  6,  1906.  To  be 
reported  in  103  Md. 


1904,  ch.  274,  Sec.  8. 

§841h.  The  Mayor  and  City  Council  of  Baltimore  shall 
prescribe  by  ordinance  the  methods  and  proceedings  for 
the  sewerage  and  drainage  of  said  Annex  and  to  provide 
the  costs  and  expenses  of  same  out  of  any  fund  or  Tunds 
now  or  hereafter  available. 


1904,  ch.  274,  Sec.  9. 

Completed por-  §841i.  The  said  commission  is  hereby  authorized  as  its 

tions  of  /»  j • , • 1 

work.  work  progresses  to  turn  over  trom  time  to  time,  such  com- 
pleted portions  of  said  work  as  it  may  see  fit  to  the  charge. 


STREETS,  BRIDGES  AND  HIGHWAYS — PAVING  COMMISSION. 


535 


superintendence  and  control  of  the  proper  City  officials,  and 
shall  on  the  termination  of  its  work  turn  over  all  the 
records,  writings,  maps,  reports,  to  the  Commissioners  for 
Opening  Streets,  to  be  by  them  preserved  and  to  be  used 
as  the  papers  and  records  of  their  office. 


1904,  ch.  274,  Sec.  10. 

§841  j.  Provided,  however,  in  lieu  of  said  commission 
hereinbefore  provided  for  in  Section  §841b  of  this  article, 
the  Mayor  and  City  Council  of  Baltimore  may  by  ordinance 
authorize  and  empower  the  Commissioners  for  Opening 
Streets  of  Baltimore  City  to  perform  the  duties  and  functions 
in  this  sub-division  of  this  article  heretofore  provided  for 
the  said  commission. 


Paving  Commission  and  $5,000,000  Paving  Loan. 

1906,  ch.  401,  Sec.  1. 

§84 Ik.  The  Mayor  of  the  City  of  Baltimore  is  authoriz-  paving- coin- 
ed to  appoint  in  the  manner  prescribed  by  Section  25,  of  appointed  by 
Article  4 (entitled  ‘'City  of  Baltimore’ 0 of  the  Public  Local 
Laws  of  Maryland,  and  subject  to  the  condition  that  two 
of  the  appointees  shall  be  members  of  the  minority  party 
within  the  meaning  of  Section  30  of  said  Article,  five 
capable  and  upright  citizens  of  the  City  of  Baltimore,  who, 
together  with  the  Mayor  himself  ex-officio,  shall  constitute  Mayor  to  be 
a Special  Commission,  to  be  known  as  the  Paving  Com- 
mission  of  the  City  of  Baltimore,  and  who  shall  continue  in 
office  from  year  to  year  until  the  work  of  said  Commission  Term  of  office, 
under  this  Act,  as  limited  by  the  pecuniary  provision  here- 
inafter made  therefor,  has  been  completed.  If,  however, 
the  Second  Branch  of  the  City  Council  of  the  City  of 
Baltimore  shall  reject  three  several  and  successive  nomi- 
nations by  the  Mayor  to  any  position  on  said  Commission,  he 
shall  be  empowered  to  make  an  appointment  thereto  without  when  appoint- 
its  confirmation.  All  persons  appointed  to  said  Commission  commission 
shall  qualify  and  be  subject  to  removal  by  the  Mayor  bSMayoS"^^ 
(except  that  there  shall  be  no  removal  at  any  time  save  for  Snmtion°”' 


536 


MISCELLANEOUS  LOCAL  LAWS. 


Qualification 
and  remov- 
als. 


Vacancies,  how 
to  be  filled. 


Commission  to 
serve  without 
compensa- 
tion : except 
the  chair- 
man. 


Organization 
of  Commis- 
sion. 


-Salary  of 
Chairman  ; 
his  duties. 


Secretary. 


Salary  and 
duties  of  Sec- 
retary. 


Meetings  of 
Commission. 


cause  after  charges  preferred)  as  prescribed  by  said  Section 
25 of  Article  4 (entitled  ‘‘City  of  Baltimore’')  of  the  Public 
Local  Laws  of  Maryland.  Any  member  of  said  Commission 
may  at  any  time  resign  therefrom  by  tendering  his  resig- 
nation in  writing  to  the  Mayor,  and  any  vacancy  in  said 
Commission  occasioned  by  the  resignation,  removal,  death 
or  permanent  absence  from  this  State  of  the  incumbent, 
or  by  supervening  incapacity  upon  his  part,  whether  physi- 
cal or  mental,  to  discharge  his  duties  or  by  any  other  cause 
operating  such  a vacancy,  either  actually  or  in  effect,  shall 
be  filled  by  the  Mayor  in  the  manner  and  subject  to  all  the 
conditions  as  to  minority  representation,  qualification  and 
removal  hereinbefore  provided  for  as  to  original  appointees 
to  said  Commission.  All  the  members  of  said  Commission, 
except  the  Chairman  thereof,  as  hereinafter  provided,  shall 
serve  without  compensation,  and  a majority  of  said  mem- 
bers shall  be  a lawful  quorum  for  the  transaction  of  business, 
so  soon  as  the  appointive  members  of  said  commission 
shall  have  qualified  they  shall,  with  the  Mayor  acting  as  a 
member  of  said  commission,  ex-officio  organize  by  the 
election  of  one  of  the  members  of  said  Commission  as 
Chairman  of  said  Commission,  who  shall  be  removable  at 
pleasure  by  said  Commission,  shall  receive  such  compensa- 
tion as  it  may  determine,  not  exceeding  the  sum  of  $2,500 
per  annum,  and  shall  preside  over  the  meetings  of  said 
Commission  and  perform  such  other  duties  as  are  imposed 
upon  him  by  this  Act,  or  as  may  be  assigned  to  him*  by 
said  Commission,  and  by  the  election  of  a secretary  not  a 
member  of  said  Commission,  who  shall  be  removable  at 
pleasure  by  said  Commission,  shall  receive  such  compensa- 
tion as  it  may  determine,  not  exceeding  the  sum  of  $1,500 
per  annum  and  shall  enter  in  a well  bound  book  and 
carefully  preserve  neat,  legible  and  accurate  minutes  of  all 
meetings  of  said  Commission,  and  perform  such  other 
duties  as  usually  appertain  to  the  office  of  secretary  of  a 
private  corporation,  or  as  are  imposed  upon  him  by  this 
Act,  or  as  may  be  assigned  to  him  by  said  Commission. 
All  sessions  or  meetings  of  said  Commission  shall  be  open 
and  public  ; and  all  its  records  shall  be  public  records,  and 
it  shall  annually  make  to  the  Mayor  a detailed  report  of 
all  its  official  transaction  and  expenditures. 


STREETS,  BRIDGES  AND  HIGHWAYS' — COMMISSION  TO  PAVE. 


537 


1906,  cli.  401,  Sec.  2. 

§8411.  The  said  Commission  is  empowered  to  grade, 
shell,  gravel,  macadamize,  pave  or  otherwise  surface  and 
curb,  regrade,  reshell,  regravel,  remacadamize,  repave  or 
otherwise  resurface  and  recurb,  according  to  such  general 
and  comprehensive  plan  or  plans  in  the  premises  as  may 
be  adopted  by  it,  all  such  public  lanes,  alleys,  avenues,  aStTian 
streets  or  highways,  or  all  such  parts  thereof  in  the  City 
of  Baltimore,  as  in  the  judgment  of  the  said  Commission, 
should  be  so  graded,  shelled,  graveled,  macadamized, 
paved  or  otherwise  surfaced  and  curbed,  regraded,  re- 
shelled, regraveled,  remacadamized,  repaved  or  otherwise 
resurfaced  or  recurbed,  and  the  said  Commission  shall  be 
clothed  with  each  and  every  and  all  powers  which  may  be  JcTssa^y 
necessary  or  proper  for  these  purposes  or  either  of  them,  powers, 
among  which  powers  shall  be  the  following,  that  is  to  say: 

1.  To  make  all  such  preliminary  investigations  and  to  powers  con- 

do all  such  preliminary  work  as  should,  in  its  judgment  Commission 
precede  the  adoption  by  it  of  a plan  or  plans  of  street  im- 
provement  under  this  Act.  ^ 

2.  To  adopt  such  plan  or  plans  of  street  improvement  to  plan  street 
under  this  Act  as  it  may  deem  best  calculated  to  promote  ments. 
the  object  of  this  Act. 

3.  To  do  all  such  grading  or  regrading  and  to  lay  con-  to  do  the_work 
struct  or  create  all  such  pavements  or  other  street  surface  and  makhig 
improvements  as  it  may  deem  expedient  for  carrying  said  pavements, 
plan  or  plans  of  street  improvement  into  full  effect,  and  to 

select  in  its  exclusive  discretion  such  kinds  of  paving  or 
other  street  surface  improvement  material  as  it  may  deem 
best,  provided  hov/ever  that  where  the  plans  of  the  sewer-  Proviso, 
age  commission  of  Baltimore  City  provide  for  sewerage 
arrangements  in  any  street  the  said  street  shall  not  be 
newly  paved  with  improved  pavement  until  all  such  sewer- 
age arrangements  have  been  finally  completed  in  the  bed 
thereof. 

4.  To  incorporate  with  said  plan  or  plans  of  street  to  utilize  ex- 
improvement, or  otherwise  utilize  for  the  purposes  of  this  improv^e^^i^ 
Act,  so  far  as  it  may  deem  expedient,  any  or  all  existing  Sp^dient.^"^^ 
public  pavements  or  street  surface  improvements  in  the 


53S 


MISCELLANEOUS  LOCAL  LAWS. 


To  employ  nec- 
essarj’  ex- 
perts, agents, 
assistants 
and  labor. 


To  require 
bonds. 


City  Engineer 
to  be  Chief 
Engineer. 


Rules  and  reg- 
ulations. 


Contracts. 


Machinery  and 
tools. 


Acquisition  of 
property  to 
further  im- 
provements. 


City  of  Baltimore,  either  in  their  present  condition  or  with 
such  repairs,  modifications  or  changes  as  the  said  Commis- 
sion may  see  fit  to  make,  and  to  condemn,  take  up  and 
remove  in  its  discretion  any  or  all  such  existing  public 
pavements  or  street  surface  improvements,  and  to  substi- 
tute therefor  such  other  pavements  or  street  surface 
improvements  as  it  may  deem  proper. 

5.  To  appoint  or  employ  professional  or  technical  advisers 
and  experts  and  such  agents,  assistants,  clerks,  employes 
and  laborers,  skilled  and  unskilled,  of  all  kinds,  as  it  may 
deem  requisite  for  the  due  and  proper  execution  of  the  duties 
devolved  upon  it  by  this  Act,  or  any  of  them  and  to  fix 
their  respective  compensations  and  to  remove  or  discharge 
them  at  its  pleasure  (except  such  highly  trained,  exper- 
ienced or  skilled  individuals  as  it  may  agree  to  appoint  or 
employ  upon  special  terms  for  definite  and  fixed  periods  of 
time) , and  to  exact  from  them  such  indemnity  bonds  for 
the  proper  performance  of  their  respective  duties  as  it  may 
deem  proper,  provided  however  that  the  Chief  Engineer  of 
such  Commission  under  this  Act  shall  be  the  City  Engineer. 

6.  To  frame,  publish  and  enforce  such  reasonable  rules 
and  regulations  for  its  own  government  and  for  the  super- 
vision, protection,  management  and  conduct  of  its  work  as 
it  may  deem  expedient. 

7.  To  make  and  enter  into  in  the  name  and  on  behalf 
of  the  Mayor  and  City  Council  of  Baltimore  any  and  all 
contracts,  agreements  or  stipulations  germane  to  the  scope 
of  its  duties  and  powers  under  this  Act. 

8.  To  purchase,  hire  or  otherwise  lawfully  obtain  the 
use  of  all  such  machinery,  tools,  implements,  appliance, 
supplies,  materials  and  working  agencies  as  it  may  need 
for  its  purposes,  provided,  however,  that  this  enumeration 
of  special  powers  shall  not  be  construed  as  restricting  in 
any  degree  the  scope  of  the  general  powers  hereinbefore 
conferred  upon  said  Commission. 


1906,  ch.  401,  Sec.  3. 

§841m.  The  Mayor  and  City  Council  of  Baltimore, 
acting  by  and  through  the  agency  of  said  Commission  may 


STREETS,  BRIDGES  AND  HIGHWAYS — CONDEMNATION  PROCEEDINGS.  539 

acquire  by  gift,  purchase  or  other  like  methods  of  acquisi- 
tion, or  by  condemnation,  any  private  property,  rights  or 
interests,  franchises  or  easements  that  may  exist  in  any 
part  or  parts  of  any  of  the  beds  of  any  of  the  public  lanes, 
alleys,  avenues,  streets  or  highways  hereinbefore  men- 
tioned, and  that  said  Commission  may  require  for  the 
purpose  of  giving  full  effect  to  the  objects  of  this  Act,  and 
when  and  so  often  as  resort  shall  be  had  to  condemnation 
proceedings,  the  procedure  shall  be  such  as  may  now  or  at 
any  time  hereafter  be  provided  for  by  any  lawful  ordinance 
or  ordinances  of  the  Mayor  and  City  Council  of  Baltimore,  ^ca?e"^Sndem- 
adopted  pursuant  to  the  powers  conferred  upon  it  by  JeiSiSgsTre 
section  6,  Article  4 (“entitled  City  of  Baltimore’ of  the 
Code  of  Public  Local  Laws  of  Maryland,  title  “General 
Powers,”  sub-title  “Condemnation  of  Property,”  for  the 
condemnation  of  any  land  or  property  or  interest  therein 
situated  wholly  or  partly  within  the  City  of  Baltimore,  or 
such  as  may  be  provided  for  the  very  purpose  by  any 
lawful  ordinance  or  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  which  said  ordinance  or  ordinances 
the  Mayor  and  City  Council  of  Baltimore  is  hereby  fully 
authorized  to  adopt ; provided  provision  is  made  therein 
for  reasonable  notice  to  the  owner  or  owners,  and  for 
appeals  to  the  Baltimore  City  Court,  including  the  right  of 
appeal  to  the  Court  of  Appeals,  by  any  person  interested, 
including  the  Mayor  and  City  Council  of  Baltimore,  from 
the  decision  of  any  Commissioners  or  other  persons 
appointed  to  value  any  such  private  property,  rights  or 
interests,  franchises  or  easements. 


1906,  ch.  401,  Sec.  4. 

§84 In.  All  individuals  and  corporations  lawfully  having  ^"a^ndS?por- 
buildings,  structures,  works,  conduits,  drains,  mains,  pipes,  luirlYS 
tracks  or  other  physical  obstructions  in,  over  or  under  the 
public  lanes,  alleys,  avenues,  streets  or  highways  of  the  wS?on- 
City  of  Baltimore,  which  shall  block  or  impede  the  progress  drilns”^tc"^’ 
of  the  work  of  said  Commission  when  under  way,  shall  Improve^" 
upon  reasonable  notice  from  said  Commission,  promptly  so  Tempiat^d' 
shift,  adjust,  accommodate  or  remove  the  same,  at  their 


540 


MISCELLANEOUS  LOCAL  LAWS. 


own  cost  and  expense,  as  to  fully  meet  the  exigencies 
occasioning  such  notice  ; and  if  any  individual  or  corpora- 
tion shall  refuse,  neglect  or  fail,  after  such  reasonable 
notice,  to  discharge  any  duty  cast  upon  him  or  it  by  this 
section,  he  or  it  shall,  in  addition,  but  not  in  substitution 
for  any  other  remedy  or  remedies  that  said  Commission  or 
the  Mayor  and  City  Council  of  Baltimore  may  have  in  the 
premises,  be  subject  to  a fine  of  one  hundred  ($100)  dollars 
for  each  and  every  such  offense,  and  also  to  an  additional 
fine  of  fifty  ($50)  dollars  a day  for  every  day  that  said 
refusal,  neglect  or  failure  shall  continue,  said  fines  to  be 
collected  as  other  fines  in  the  City  of  Baltimore  are 
collected,  and  should  the  exigencies  of  said  Commission 
and  its  work  in  any  cause  involve  a taking,  in  the  consti- 
tutional sense,  of  the  franchise  or  right,  in  the  exercise  of 
which  such  obstruction  had  its  origin,  the  Mayor  and  City 
Council  of  Baltimore  shall  be  empowered  to  secure  the 
condemnation  of  such  franchise  or  right  in  the  manner 
provided  for  in  section  3*  of  this  Act. 


1906,  ch.  401,  Sec.  5. 

§841o.  All  work  done,  or  supplies  or  materials  purchas- 
contracts  to  be  Carrying  out  the  purposes  of  this  Act,  when  involving 

expenditure  of  five  hundred  ($500)  dollars  or  more, 
M LndTs  of”^  be  by  contract  awarded  to  the  lowest  responsible 
Charter.  bidder,  in  accordance  with  the  provisions  of  Section  14  and 
15  of  Article!  (entitled  ‘‘City  of  Baltimore’’)  of  the  Public 
Local  Laws  of  Maryland,  provided,  however,  that  said 
Commission  shall  be  empowered,  if  it  see  fit,  to  insert  in 
the  specifications  for  any  such  work  reasonable  and  lawful 
conditions  as  to  hours  of  labor,  wages  and  the  residence  or 
character  of  workmen  to  be  employed  by  the  contractors, 
and  especially  so  far  as  it  may  be  practicable  in  the  judg- 
ment of  said  Commission,  such  reasonable  and  lawful 
conditions  as  will  tend  to  confine  employment  on  such  work, 
in  whole  or  in  part,  to  permanent  and  bona  fide  residents 
of  the  State  of  Maryland  only  ; and  provided,  however, 
also,  that  said  Commission  with  the  consent  of  all  its 
members,  may  itself  do  any  part  or  parts  of  any  such  work, 

*Note. — Section  §841m,  ante,  p.  538. 


Eabor  of  resi- 
dents to  be 
preferred 
where  prac- 
ticable. 


STREETS,  BRIDGES  AND  HIGHWAYS — NEW  PAVING  FUND. 


541 


under  such  conditions  in  every  respect  as  it  may  prescribe, 
by  day  labor,  whenever  the  Chief  Engineer  in  writing  shall  {J 

recommend  that  course ; provided,  however,  that  in  that  employed, 
event  said  Commission  shall  among  its  other  powers  in  the 
premises,  be  empowered  to  devise,  publish  and  enforce 
such  rules  and  regulations  as  will  make  merit  and  personal 
fitness,  ascertained  by  some  system  of  open  competition  or 
registration,  or  both,  the  sole  tests  of  eligibility  for  all 
positions  or  employments  under  its  control,  which  it  may  of  employes, 
see  fit  to  embrace  within  the  scope  of  said  rules  and  regu- 
lations, which,  however,  may  be  limited  to  permanent  and 
bona  fide  residents  of  this  State  in  any  particular.  Any  Bids, 
and  all  bids  or  parts  of  bids  for  any  such  work  or  supplies 
or  materials  may  be  rejected. 


1906,  ch.  401,  Sec.  6. 

§841p.  In  order  to  provide  money  for  the  work  to  be  stock  issue  not 
done  by  said  Commission  under  this  Act,  as  and  when  $5,000,000 
portions  of  such  work  are  from  time  to  time  being  done, 
the  Mayor  and  City  Council  of  Baltimore  is  hereby  author- 
ized to  issue  the  stock  of  said  corporation  to  an  amount  not 
exceeding  $5,000,000  said  stock  to  be  issued  from  time  to 
time  and  in  such  amounts  as  the  Mayor  and  City  Council 
of  Baltimore  shall  by  ordinance  prescribe  ; provided,  how- 
ever, that  not  more  than  $1,000,000  of  said  stock  shall  be  Not  more  than 
issued  in  any  one  year,  and  to  be  payable  at  such  times  and  be  issued 
to  bear  such  rate  or  rates  of  interest  as  the  Mayor  and 
City  Council  of  Baltimore  shall,  by  ordinance,  provide, 
said  amount  of  stock  shall  be  sold  and  issued  by  the  Com- 
missioners of  Finance  of  the  City  of  Baltimore  at  the  best 
price  obtainable,  in  their  judgment  therefor,  and  any 
premiums  derived  from  the  sale  thereof  shall  remain  in 
their  hands  as  parts  of  the  sinking  fund  hereinafter  sinking  fund, 
mentioned.  The  residue  of  the  money  received  from  the 
sale  of  said  amounts  of  stock  shall  be  turned  over  by  them 
to  the  Comptroller,  to  be  by  him  deposited  with  the  City 
Register  and  to  be  placed  to  the  credit  of  the  fund  to  be 
known  as  the  ‘‘New  Paving  Fund,^’  which  shall  be  exclu- 
sively applicable  to  the  cost  of  the  work  authorized  by 


542 


MISCELI.ANKOUS  LOCAL  LAWS. 


Appropria- 

tions. 


Manner  of  dis- 
bursing ap- 
propriations 
made  for  the 
work  of  Com- 
mission. 


Issue  of  Stock 
to  be  ap- 
proved by 
people. 


Sinking  fund 
to  be  cre- 
ated. 


Assessment  of 
cost  of  im- 
provements 
contem- 
plated by 
Act. 


this  Act  and  shall  be  chargeable  with  no  other  items  or  of  cost 
expense  whatsoever;  appropriations  for  the  cost  of  said 
work,  based  upon  the  estimates  of  said  Commission,  shall 
be  annually  included  by  the  Board  of  Estimates  in  the  usual 
way,  in  the  ordinance  of  estimates,  and,  upon  the  written 
requisitions,  supported  by  proper  vouchers  of  the  Chairman 
of  said  Commission,  or  of  the  Chairman  pro  tempore  of  said 
Commission,  countersigned  by  the  Secretary  of  said  Com- 
mission, or  by  the  Secretary  pro  tempore  of  said  Commission, 
either  of  which  temporary  officers  said  Commission  is  here- 
by authorized  to  appoint  by  vote  or  resolution,  in  the  event 
of  the  absence,  sickness  or  other  disability  for  the  time 
being  of  its  Chairman  or  Secretary,  respectively,  the 
Comptroller  shall  draw  his  warrants  upon  the  City  Register, 
payable  out  of  such  appropriations  from  said  special  fund 
for  the  amounts  of  all  items  of  cost  or  expense  properly 
chargeable  upon  said  special  fund.  But  no  part  of  said 
stock  shall  be  issued  nor  any  member  of  said  Commission 
appointed  until  the  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore  providing  for  the  issuance  thereof 
shall  be  submitted  to  the  legal  voters  of  the  City  of  Balti- 
more at  such  time  and  place  as  may  be  fixed  by  said  ordi- 
nance, and  be  approved  by  a majority  of  the  votes  cast  at 
such  time  and  place  as  required  by  Section  7 of  Article  11 
of  the  Constitution  of  Maryland;  if  issued  pursuant  to  such 
approval  the  Mayor  and  City  Council  of  Baltimore,  shall 
levy  in  each  and  every  year  upon  all  property  liable  to 
taxation  in  the  City  of  Baltimore  a sum  sufficient,  with  the 
aid  of  the  assessments  hereinafter  mentioned,  to  pay  the 
interest  accruing  on  said  amounts  of  stock  and  to  create  a 
sinking  fund  sufficient,  with  the  aid  of  premiums  on  the 
sale  thereof,  to  redeem  said  amounts  of  stock  at  their 
respective  dates  of  maturity. 


1906,  ch.  401,  Sec.  7. 

§841q.  Said  Commission  is  required  according  to  such 
system,  or  systems  of  procedure,  and  in  such  manner 
generally  as  shall  be  prescribed  by  the  Mayor  and  City 
Council  of  Baltimore  to  assess  two-thirds  of  the  entire  cost 


STREETS,  BRIDGES  AND  HIGHWAYS — ASSESSMENT  OF  COST. 


543 


of  grading,  shelling,  graveling,  macadamizing,  paving  or 
otherwise  surfacing  and  curbing,  regrading,  reshelling, 
regraveling,  remacadamizing,  repaving  or  otherwise  resur- 
facing and  recurbing  any  public  lane,  alley,  avenue,  street 
or  highway,  or  part  thereof,  in  the  City  of  Baltimore 
under  this  Act,  which,  in  the  judgment  of  said  Commis- 
sion, should  be  so  improved,  not  including,  however,  any 
portion  of  the  cost  of  the  cross  public  highways,  which, 
as  well  as  the  remaining  one-third  of  said  entire  cost, 
shall  be  borne  by  the  Mayor  and  City  Council  of  Baltimore 
and  also  3 per  centum  of  said  two-thirds  of  said  entire  cost 
for  costs  and  expenses  upon  the  property  binding  upon 
such  lane,  alley,  avenue,  street  or  highway  or  part  there- 
of; and  the  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  and  directed  to  provide  for  the  payment  of  such 
assessments,  including  said  3 per  centum  thereof,  in  such 
numbers  of  annual  installments  as  it  may  deem  proper,  how  assess- 
together  with  such  interest  thereon,  not  exceeding  5 per 
centum  per  annum,  as  it  may  deem  expedient,  with  such 
provision  also  for  the  prepayment,  or  prepayment  with 
discounts,  of  such  assessments,  including  said  3 per  centum 
thereof  at  the  option  of  the  owners  of  said  property,  as  it 
may  decide  upon,  and  said  assessments,  including  said  3 
per  centum  thereof  together  with  said  interest  thereon, 
shall  be  liens  on  the  parcels  of  said  property  upon  which 
said  assessments  shall  be  respectively  assessed  in  the 
same  way  that  other  City  taxes  in  the  City  of  Baltimore  collection  of 
are  now  liens,  and  shall  be  collected  and  enforced,  as  other 
City  taxes  in  the  City  of  Baltimore  are  now  collected  and 
enforced  or  in  such  other  manner  as  the  Mayor  and  City 
Council  of  Baltimore  shall  prescribe;  provided,  however, 
that  reasonable  notice  and  an  opportunity  to  be  heard  shall 
be  required  by  the  Mayor  and  City  Council  of  Baltimore 
to  be  given  and  shall  be  given  by  said  Commission,  to  all 
persons  interested  before  the  final  ascertainment  of  the  Notice  and 
amount  of  assessment  to  be  paid  by  any  such  property,  fiSnglsTess- 
and  provided,  however,  further,  that  provision  shall  be 
made  by  the  Mayor  and  City  Council  of  Baltimore  for  the 
right  of  appeal  to  the  Baltimore  City  Court,  including  the 
right  of  appeal  to  the  Court  of  Appeals  by  any  person  or  Appeals. 


544 


MISCELLANEOUS  LOCAL  LAWS. 


persons  interested,  including  the  City  itself,  from  the 
decision  of  said  Commission  in  determining  the  amount  of 
assessment  to  be  paid  by  any  such  property.  The  Mayor 
^Bfito.  topLs^^d  City  Council  of  Baltimore  is  hereby  empowered  to 
S^df^lnces  to  P^ss  any  and  all  such  ordinances  not  repugnant  to  the 
jSf  of  thi?'  provisions  of  this  section  of  this  Act  as  may  be  necessary 
section.  Qj.  proper  in  its  judgment  to  fully  effectuate  the  objects 
of  this  section  of  this  Act,  or  any  of  them.  All  money 
Application  of  derived  from  said  assessments,  and  all  interest  thereon, 
SichTslS”  when  collected  shall  be  held,  used  and  applied  in  such 
ments.  manner  as  the  Mayor  and  City  Council  of  Baltimore  shall 
prescribe  for  the  payment,  so  far  as  said  money  will  go, 
of  the  amounts  of  stock  of  the  said  corporation  issued  as 
hereinbefore  mentioned  and  of  the  interest  to  accrue 
thereon. 


1906,  ch.  401,  Sec.  8. 

street  railway  §841r.  The  May or  and  City  Council  of  Baltimore  is 
bl^weTn^^  likewise  authorized  to  impose  upon  all  street  railway  com- 
two  fle^on  occupying  with  their  tracks  parts  of  the  beds  of 

thS-lofrf^  streets,  avenues  or  other  highways  in  the  City  of  Balti- 
streets  occu-  moro  upon  wMch  work  shall  be  done  under  this  Act  of  the 

pied  by  their  ^ 

this  Ac^not  obligation  to  pay  for  said  work  so  far  as  the  same  shall  be 
to  modify  (jone  between  the  rails  of  their  said  tracks  and  for  a space 

their  exist-  ^ 

obfiSiins  either  side  thereof,  and  the  Mayor  and  City 

Council  of  Baltimore  is  further  authorized  to  enforce  said 
obligation  by  all  such  appropriate  agencies,  means,  pro- 
cesses, proceedings  and  remedies  as  it  may  ordain  for  the 
purpose;  but  nothing  in  this  Act  shall  be  taken  as  in  any- 
wise relieving  any  such  company  or  any  other  corporation 
or  person  from  any  obligations  in  its  or  his  relations  to  the 
public  highways  of  the  City  of  Baltimore  now  cast  upon  it 
or  him  by  law. 

1906,  ch.  401,  Sec.  9. 

§84 Is.  While  the  work  authorized  by  this  Act  is  being 
done  by  said  Commission  the  respective  duties  and  powers 
of  the  City  Engineer  and  Commissioner  of  Street  Cleaning 
and  other  City  officials  in  their  relations  to  the  pavements 


STREETS,  BRIDGES  AND  HIGHWAYS— STREET  DIRT,  ETC. 


545 


and  other  street  surface  improvements  of  the  City  of  Bal- 
timore shall,  subject  to  the  duties  and  powers  hereby  con- 
ferred upon  said  Commission,  continue  as  at  present,  and 
said  Commission  shall  be  authorized  as  its  work  progresses 
to  turn  over  from  time  to  time,  in  its  discretion,  such 
completed  portions  of  said  work  as  it  may  see  fit  to  the 
charge,  superintendence  and  control  of  the  proper  City 
officials.  When  its  work  under  this  Act  has  been  completed 
the  life  of  said  Commission  as  originally  appointed  and  as 
subsequently  recruited  by  appointments  to  occasional 
vacancies,  if  any,  shall  come  to  an  end,  and  the  pavements 
and  other  street  surface  improvements  constructed  or  made 
by  it,  so  far  as  they  have  not  already  been  surrendered 
to  the  charge,  superintendence  and  control  of  said 
officials,  shall  be  then  so  surrendered,  and  at  the  same 
time  all  the  records,  writings  and  papers  of  said  Commis- 
sion shall  be  delivered  up  to  the  City  Librarian ; to  be 
preserved  in  his  office,  and  all  property  and  effects  in  its 
possession  belonging  to  the  City  to  the  Comptroller,  to  be 
disposed  of  by  him  as  may  be  provided  by  ordinance. 


1906,  ch.  401,  Sec.  10. 

§84 It.  The  Act  of  the  General  Assembly  of  Maryland, 
entitled  “An  Act  to  authorize  the  Mayor  and  City  Council 
of  Baltimore  to  issue  its  certificates  of  stock  to  an  amount 
not  exceeding  Five  Million  Dollars  ($5,000,000)  for  the  pur- 
pose of  providing  the  money  to  pay  at  the  time  of  doing 
the  work,  the  portion  of  the  cost  and  expenses  of  grading, 
paving  and  curbing  the  streets,  lanes  and  alleys  of  the 
City  of  Baltimore,  assessable  upon  the  property  benefited 
thereby,  and  for  the  reimbursement  of  the  City  of  Balti- 
more in  respect  thereto  out  of  the  money  derived  from 
said  assessments”  and  approved  April  7,  1900,  is  hereby 
repealed. 


Street  Dirt,  Sweepings  and  Garbage. 

1902,  ch.  327. 

§841u.  The  Mayor  and  City  Council  of  Baltimore 
is  hereby  authorized  to  enter  into  an  agreement  with 


Duties  and 
powers  of 
certain  heads 
of  Depart- 
ments to  con- 
tinue as  at 
present  and 
stieets  when 
completed 
are  to  be 
turned  over 
to  care  of 
proper 
officials. 


Provisions  for 
closing  work 
of  the  Com- 
mission. 


Repeal  of  Act 
1900,  ch.  523. 


546 


MISCELLANEOUS  LOCAL  LAWS. 


the  United  Railways  and  Electric  Company  of  Balti- 
more, or  any  person,  company  or  corporation,  for  the 
carriage  and  disposal  from  proper  places  that  may  be 
agreed  upon  for  transportation  on  the  cars  of  said  Com- 
pany for  final  disposition  at  proper  places  situated  on  or 
near  its  system  of  tracks  in  this  State  of  such  street  sweep- 
ings, dirt,  ashes  and  garbage  as  may  be  collected  by  the 
"^eJJteMnto°an  Mayor  and  City  Council  of  Baltimore,  or  its  duly  consti- 
fo/twFs^-  futed  employes  and  agents  and  delivered  to  said  United 
street °sweep- ^^ilways  and  Electric  Company  of  Baltimore  for  final 
i”hes!^gai--  transportation  at  such  places  as  may  be  agreed  upon,  on 
bage,  etc.  torms  and  conditions  as  may  be  agreed  upon  between 

the  Mayor  and  City  Council  of  Baltimore  and  the  United 
Railways  and  Electric  Company  of  Baltimore,  or  any  per- 
son, company  or  corporation  ; and  should  the  Mayor  and 
City  Council  of  Baltimore  by  ordinance  provide  for  the 
collection  of  street  dirt,  sweepings,  garbage  and  ashes  by 
other  persons  than  the  duly  constituted  officers  or  employes 
of  said  City  of  Baltimore,  then  said  other  person  or  persons 
shall  have  the  same  right  to  enter  into  an  agreement  for 
the  final  transportation  of  said  street  sweepings,  dirt,  garb- 
age and  ashes  as  mentioned  aforesaid ; provided,  however, 
that  nothing  in  this  Act  shall  be  construed  to  confer  any 
right*  upon  the  Mayor  or  City  Council  of  Baltimore  to  con- 
tract with  said  United  Railways  and  Electric  Company  of 
Baltimore,  or  any  person,  company  or  corporation,  for  the 
collection  of  street  sweepings,  ashes  and  garbage  from  the 
streets,  lanes,  alleys  and  other  ways  of  the  said  City  of 
Baltimore,  but  shall  simply  apply  to  the  final  transportation 
and  disposal  of  said  street  sweepings,  dirt,  garbage  and 
ashes  from  certain  specified  places  to  the  final  disposition 
as  heretofore  mentioned  ; provided,  further,  that  the  cars, 
boxes,  bins,  houses  or  receptacles  in  which  said  street 
sweepings,  dirt,  garbage  and  ashes  are  deposited  and  re- 
tained awaiting  final  disposition,  and  the  cars,  boxes,  bins, 
or  other  receptacles  in  which  said  street  sweepings,  dirt, 
garbage  and  ashes  may,  should  or  are  to  be  transported 
from  said  place  of  deposit  to  the  place  of  final  disposition 
shall  be  closed  and  covered  in  such  manner  as  may  be  provid- 
ed for  by  the  Mayor  and  City  Council  of  Baltimore,  and 


SURVEYOR— TAXES — LIMITATIONS. 


547 


shall  only  be  transported,  conveyed  and  carried  from  said 
places  of  deposit  to  the  final  disposition  through  the  streets 
of  said  city  only  between  the  hours  of  one  and  five  o’clock 

A.  M. 


SURVEYOR. 

P.  G.  L.,  (I860)  Art.  37,  Sec.  48.  P.  L.  E.,  (I860)  Art.  4,  Sec.  865. 

P.  L.  E.,  (1888)  Art.  4,  Sec.  826. 

842.  A copy  of  the  plat  of  the  City  of  Baltimore  from 

the  record  thereof  in  the  Mayor’s  office,  or  from  the  record  piatof  city  to 
thereof  in  the  office  of  the  Clerk  of  the  Superior  Court  of  evidence. 
Baltimore  City,  duly  certified  under  seal  by  the  keeper  of 
such  records,  respectively,  shall  be  evidence. 

TAXES.** 

Limitations. 

1861  ch.  94.  P.  E.  E.,  (1888)  Art.  4,  Sec.  840. 

843.  All  taxes  now  levied,  or  which  hereafter  may  be 
levied  in  the  City  of  Baltimore,  shall  be  collected  within 

four  years  from  the  levying  of  the  same  ; and  the  collection  within  four 

of  taxes  shall  not  be  enforced  by  law  after  the  lapse  of  said 

four  years,  and  the  party  from  whom  said  taxes  may  be 

demanded  may  plead  this  section  in  bar  of  any  recovery  of 

the  same.  Any  person  enforcing  or  attempting  to  enforce 

the  collection  of  any  tax  after  the  lapse  of  four  years, 

shall  be  liable  to  a penalty  of  twenty  dollars  for  each  and 

every  offence,  recoverable  before  a Justice  of  the  Peace,  in 

the  name  of  the  State,  one-half  to  the  informer,  the  other 

half  to  the  City  of  Baltimore. 

M.  & C.  C.  of  Balto.,  V.  Greenmount  Cemetery,  7 Md.  517.  *Gunther 
V.  Mayor,  55  Md.  457.  *Gould  v.  Mayor,  etc.,  58  Md.  46;  59  Md.  378. 

Hebb  V.  Moore,  66  Md.  167.  Perkins  v.  Dyer,  71  Md.  422.  Condon  v. 

Maynard,  71  Md.  604.  Baden  v.  Perkins,  77  Md.  465.  Duval  v. 

Perkins,  77  Md.  591.  Baldwin  v.  State,  use  of  Hull,  89  Md.  587.  B., 

C.  & A.  R.  R.  Co.  V.  Wicomico  Co.,  93  Md.  113. 


**Note. — Act  1904,  ch.  263,  exempts  certain  property  conveyed  to  the 
Minister  and  Trustees  of  Starr  M.  P.  Church  of  Baltimore  City,  from 
municipal  taxation. 


548 


MISCEIvIvANEOUS  locae  laws. 


TENANT  FOR  YEARS  OR  LESS  OR  AT  WILL.** 

P.  L.  L..  (1860)  Art.  4,  Sec.  882.  P.  L.  L.,  (1888)  Art.  4,  Sec.  857. 

844.  Where  any  lands  or  tenements  in  the  City  of 
Notice  to  “ten-  Baltimore  are  held  from  year  to  year,  the  tenancy  shall  be 

ant  from  year  . 

to  year.”  terminated  it  the  lessor  give  to  the  tenant  ninety  days^ 
notice  before  the  end  of  the  year. 

Biggs  V.  Stueler,  93  Md.  100. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  883.  P.  L.  L.,  (1888)  Art.  4,  Sec.  858. 

Notice  to  ten-  845.  If  any  land  be  held  in  said  City  under  a lease  for 
than  a year,  a month,  or  any  less  period  than  a year,  and  the  tenant 
continues  to  occupy  under  such  lease  after  its  expiration, 
he  shall  be  deemed  a tenant  for  such  period  as  the  premises 
were  originally  leased  to  him,  and  so  from  such  period  to 


**NoTE. — See  notes  of  decisions  in  relation  to  sections  844  to  864,  in- 
clusive, of  this  Article,  on  pages  1099  to  1103,  inclusive.  City  Code, 
(1879). 

Landlord  a^id  Tenant.  Ninety  daj^s’  notice  was  given  by  a landlord 
to  a tenant  at  will.  This  notice  held  sufficient.  McElroy  v.  Wright, 
Daily  Record,  March  7, 1889.  The  renting  of  a tenement  for  an  indefinite 
time,  and  an  occupation  thereof  for  a year,  constitute  a tenancy  for  a 
year. — Lutz  v.  Lutz,  Daily  Record,  July  9,  1889.  Where  the  tenant 
enter  under  avoid  lease,  he  will  be  held  liable  under  a verbal  agreement 
of  similar  import  as  to  terms  to  that  expressed  in  writing.  Khrman  v. 
Lyman,  Daily  Record,  July  18,  1889.  An  assignee  of  a leasehold  estate 
is  liable  for  the  rent  which  accrued  -after  he  executed  an  assignment 
of  the  term  and  before  the  same  was  recorded.  See,  able  opinion  of 
Judge  Duffy  in  this  case,  affirmed  in  75  Md.,  page  174.  Nickel  v. 
Brown,  Daily  Record,  October  7,  1891. 

When  Landlord  Canfiot  Petition  in  a7i  Attachment  Suit  for  Arrearages 
of  Rent.— Wh.Q:n  right  of  distress  does  not  exist,  the  landlord  has  no 
lien  entitling  him  to  come  into  an  attachment  suit  by  petition  as 
sanctioned  b}^  Thompson  v.  Balto.  Steam  Packet  Co.,  33  Md.  318,  and 
claim  a priority  for  rent  in  arrear.  Putman’s  Sons  v.  Van  Buren,  Daily 
Record,  November  27,  1890. 

Landlord' s Remedy  for  Rent  when  Tenant's  goods  are  seized  by  writ 
of  attachment  and  goods  sold  under  order  of  court. — Landlord  should  go 
into  court  and  claim  payment  of  his  rent  as  a prior  lien  on  proceeds,  by 
reason  of  his  quasi  lien  on  the  goods.  Lutz  v.  Lutz,  Daily  Record,  July 
9,  1889. 


TENANT  FOR  YEARS  OR  EESS  OR  AT  WIEL — NOTICE  TO  TENANT. 


549 


such  period ; and  if  his  landlord  give  him  thirty  days’ 
notice  before  the  termination  of  any  period  of  his  tenancy, 
it  shall  terminate  such  tenancy. 

Kinsey  v.  Minnick,  43  Md.  112. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  884.  P.  L.  L.,  (1888)  Art.  4,  Sec.  859. 

846.  If  land  or  tenements  be  held  in  said  City  by  Notice  to  ten- 

^ ant  at  will  or 

tenancy  at  will,  at  sufferance  or  per  autre  me,  thirty  days,  otherwise, 
notice  by  the  landlord  or  reversioner  to  the  tenant  or 
occupant  shall  terminate  such  tenancy  at  the  expiration 
of  thirty  days. 


P.  L.  L.,’(1860)  Art.  4,  Sec.  885.  P.  L,  L.,  (1888)  Art.  4,  Sec.  860. 

847.  Any  of  the  tenancies  mentioned  in  the  three  pre- 
ceding  sections  may  be  terminated  by  the  tenant  giving 
notice  to  the  landlord  thirty  days  previous  to  the  end  of  the 
year,  or  other  period  for  which  he  holds  the  same. 

Kinsey  v.  Haslup  & Minnick,  43  Md.  112.  Biggs  v.  Stueler.  93 
Md.  100. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  886.  P.  L.  E.,  (1888)  Art.  4,  Sec.  861. 

848.  The  notice  required  by  the  preceding  sections  shall 
be  in  writing  and  served  on  the  tenant,  or  left  at  his  place 
of  abode  or  business,  or  served  on  his  agent  or  served  on 
his  agent  or  servant,  or  served  on  occupant  of  the  premises; 
and  if  there  be  no  person  living  on  the  premises  the  same 
may  be  served  by  being  set  up  on  a conspicuous  part  of  the 
premises. 

Kinsey  v.  Minnick,  43  Md.  117.  Biggs  v.  Stueler,  93  Md.  103. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  887.  P.  E.  E.,  (1888)  Art.  4,  Sec.  862. 

849.  Such  notice  shall  be  sufficient  in  form  if  it  con- 
tains a request  by  the  landlord  to  the  tenant  to  leave  the 
premises,  or  if  it  state  the  intention  of  the  tenant  to  leave 
the  same,  and  it  need  not  state  the  time  when  the  tenant 
is  requested  to  leave  the  same,  or  when  the  tenant  intends 
to  do  so. 


550 


MISCELLANEOUS  LOCAL  LAWS. 


Rights  under 
notice. 


Special  notice 
by  agree- 
ment. 


Jurisdiction  of 
Justices  of 
the  Peace. 


Service  of 
summons. 


Interrogatories 
to  tenant. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  888.  P.  L.  L.,  (1888)  Art.  4,  Sec.  863. 

850.  Such  notice,  without  any  additional  notice,  shall 
entitle  the  landlord  to  the  benefit  of  the  law  providing 
for  the  speedy  recovery  of  the  possession  of  lands  or  tene- 
ments held  over  by  tenants. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  889.  P.  L.  L.,  (1888)  Art.  4,  Sec.  864. 

851.  If  by  agreement  of  the  parties  the  time  and  man- 
ner of  notice  is  specified,  such  notice  shall  be  given  as  the 
agreement  provides,  and  when  given  by  the  landlord,  shall 
entitle  him  to  all  the  benefits  of  the  preceding  sections, 
without  any  other  notice. 


1861,  ch.  96.  P.  L.  L.,  (1888)  Art.  4,  Sec.  865. 

852.  One  Justice  of  the  Peace  of  said  City  shall  have 
all  the  powers  conferred  upon  two  justices  and  a jury  by 
the  Public  General  Laws  in  relation  to  landlords  and  ten- 
ants, subject  to  appeal  as  in  other  cases  of  judgments  by 
Justices  of  the  Peace  in  said  City. 

Miller  v.  Duvall,  26  Md.  51. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  891.  P.  L.  L.,  (1888)  Art.  4,  Sec.  866. 

853.  If  the  summons  issued  for  the  tenant  in  a pro- 
ceeding to  dispossess  him  be  returned  non  est,  a second 
summons,  returnable  in  not  less  than  five  days  shall  be 
issued,  and  if  the  tenant  shall  not  be  found,  a copy  of  the 
second  summons  shall  be  left  with  the  occupant  of  the 
premises,  or  if  they  be  vacant,  affixed  to  some  principal 
building,  or  if  no  building,  then  set  up  on  the  premises; 
and  on  the  day  assigned  in  the  summons  for  the  appearance 
of  the  party  the  Justice  shall  proceed  as  if  he  had  appeared. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  892.  P.  L.  L.,  (1888)  Art.  4,  Sec.  867. 

854.  The  landlord  or  reversioner  may  file  with  the 
Justice  interrogatories  to  be  answered  by  the  tenant  touch- 
ing the  tenancy  or  notice,  or  for  any  other  matter  of 
evidence  in  support  of  the  pretensions  of  said  landlord  or 
reversioner,  in  and  about  such  proceeding. 


TEXAXT  FOR  YEARS  OR  LESS  OR  AT  WILE — DISPOSSESSION  OF. 


551 


P.  L.  L.,  (1860)  Art.  4,  Sec.  893.  P.  L.  L.,  (1888)  Art.  4,  Sec.  868. 

855.  If  a copy  of  such  interrogatories  be  served  on  the 
tenant,  he  shall  answer  the  same  before  the  third  day,  Answers  of 
exclusive  of  the  day  of  service;  and  upon  his  failure  to  ’ 
answer  the  matters  inquired  of  by  such  interrogatories, 
they  shall  be  taken  as  confessed  by  him;  but  on  cause 
shown,  the  Justice  may  give  further  time  for  answering, 
not  exceeding  eight  days  in  the  whole,  from  and  exclusive 
of  the  day  of  service. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  894.  P.  L.  L.,  (1888)  Art.  4,  Sec.  869. 

856.  The  copies  of  said  interrogatories  may  be  served 
in  the  same  manner  that  notices  to  quit  are  directed  to  be 
served. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  895.  P.  L.  L.,  (1888)  Art  4,  Sec.  870. 

857.  If  in  any  proceeding  by  a landlord  to  dispossess  a ® 
tenant  the  judgment  be  in  his  favor,  the  Justice  shall  '’“t. 
assess  against  the  tenant  holding  over  the  premises,  dam- 
ages not  exceeding  double  the  rate  of  the  rent  of  said 
tenancy,  and  also  for  the  expenses  of  said  landlord  or 
reversioner  in  and  about  said  proceeding,  over  and  above 
the  legal  costs  thereof,  and  shall  render  a judgment  there- 
for in  favor  of  the  lessor  or  reversioner,  to  be  enforced  by 
execution.** 


P.  L.  L.,  (1860)  Art.  4,  Sec.  896.  P.  L.  L.,  (1888)  Art.  4,  Sec.  871. 

858.  If  the  Justice  shall  find  against  the  landlord  or  Damages 
reversioner  he  shall  assess  such  damages  as  he  shall  deem  lord, 
just  to  be  paid  by  him  to  the  tenant,  for  which,  and  costs, 
judgment  shall  be  rendered  and  enforced  as  aforesaid. 

Miller  z>.  Duvall,  26  Md.  51. 


**Note. — Under  this  section  (857),  it  is  the  duty  of  the  Court  to 
assess  against  a tenant  holding  over,  damages  not  exceeding  double  the 
rate  of  rent  of  the  tenancy,  and  also  such  further  sum  for  the  expenses 
of  the  landlord  in  and  about  said  proceedings  over  and  above  the  legal 
costs  therein.  McElroy  v.  Wright,  Daily  Record,  March  7,  1889. 


MISCElvI^ANEOUS  EOCAE  EAWS. 


5 52 


Tenant  hold- 
ing over  af- 
ter notice  to 
quit. 


Appeal  to  City 
Court. 


Appeal  Bond. 


City  Court  has 
jurisdiction 
only  on  ap- 
peal. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  899.  P.  E.  E.,  (1888)  Art.  4,  Sec,  872. 

859.  In  all  cases  the  tenancy  mentioned  in  this  sub-divi- 
sion of  this  Article,  if  the  tenant,  after  notice,  fail  to  quit 
at  the  end  of  the  term,  or  at  a period  when  he  shall  begin 
as  aforesaid  to  be  holding  over,  such  tenant,  his  executors 
or  administrators,  may,  at  the  election  of  the  lessor,  his 
heirs,  executors,  administrators,  or  assigns,  be  held  as 
a tenant  and  bound  to  pay  double  the  rent  to  which  the 
said  tenancy  was  subject,  and  payable  and  recoverable  in 
all  respects  and  to  every  effect  as  if,  by  the  original 
agreement  or  the  understanding  as  to  such  tenancy,  said 
double  rent  were  the  reserved  rent  of  the  demised  premises, 
according  to  the  terms  and  conditions  of  payment  of  such 
originally  reserved  rent. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  900.  P.  E.  E.,  (1888)  Art.  4,  Sec.  873. 

860.  An  appeal  may  be  prosecuted  from  any  judgment 
of  a Justice  of  the  Peace  rendered  under  the  provisions  of 
this  sub-division  of  this  Article  to  the  Baltimore  City- 
Court,  in  the  manner  and  under  the  rules  prescribed  in 
cases  within  the  ordinary  jurisdiction  of  Justices  of  the 
Peace ; the  tenant,  or  his  executors  or  administrators,  in 
order  to  stay  any  execution  of  the  judgment  against  them, 
giving,  on  such  appeals,  bond  with  security,  with  condition 
to  prosecute  the  appeal  with  effect,  and  to  answer  to  the 
landlord,  his  executors  and  administrators,  all  costs  and 
damages,  mentioned  in  the  judgment,  and  such  as  shall  be 
further  incurred  and  sustained  by  reason  of  said  appeal 
and  the  delay  thence  arising. 

Miller  v.  Duvall,  26  Md.  47.  Gelston  v.  Sigmund,  27  Md.  334. 
Hears  v.  Remare,  33  Md.  246.  Same  v.  Same,  34  Md.  333. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  901.  P.  E.  E.,  (1888)  Art.  4,  Sec.  874. 

861.  Such  cases  shall  not  be  removable  to  the  Baltimore 
City  Court,  at  any  stage  thereof,  save  by  and  upon  appeal 
as  aforesaid. 


VAGRANTS,  PAUPERS,  VAGABONDS  AND  DISORDERLY  PERSONS. 


553 


P.  L.  L.,  (1860)  Art.  4,  Sec.  902.  P.  L.  L..  (1888)  Art.  4,  Sec.  875. 

862.  No  proceeding  to  dispossess  a tenant  holding 
over,  had  before  any  Justice  of  the  Peace  and  removed  by 
appeal  to  the  Baltimore  City  Court,  shall  by  such  Court  be 
reversed  or  set  aside  for  matter  of  form  ; and  any  case  no  reversal  for 
thus  removed  by  appeal,  if  the  proceeding  thereunder  shall 
be  set  aside  or  appear  to  be  substantially  defective,  shall 
be  proceeded  with  in  said  Court  in  the  same  manner  and  to 
the  same  effect,  upon  the  claim  and  complaint  and  merits, 
and  upon  evidence  to  be  adduced  therein  as  it  was  or  might 
have  been  competent  to  said  Justice  of  the  Peace  to  have 
proceeded  therewith. 


P.  L.  L , (1860)  Art.  4,  Sec.  903.  P.  L.  L.,  (1888)  Art.  4,  Sec.  876. 

863.  Every  such  appeal  shall  be  tried  and  finally 
determined  and  proceeded  with  at  the  first  term  to  which  to  try  at  first 

term. 

such  case  shall  be  removed  to  the  said  court,  unless  for 
cause  shown  upon  affidavit  the  court  shall  otherwise  order. 

Hears  v.  Remare,  33  Md.  251. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  904.  P.  L.  L.,  (1888)  Art.  4,  Sec.  877. 

864.  The  provisions  of  the  preceding  sections  of  this 
sub-division  of  this  Article,  relating  to  tenants  holding 
over,  shall  extend  to  the  heirs,  executors  and  assigns  of 

lessors  and  reversioners,  and  to  the  executors  and  all  per- R^srhts  of  rep- 

’ ^ resen  tatives 

sons  holding  under  tenants,  and  to  all  cases  where  there 
are  two  or  more  tenants,  in  which  case  each  tenant  shall 
be  entitled  to  the  notices  and  the  benefit  of  each  condition 
contained  in  the  preceding  sections  of  this  sub-division  of 
this  Article. 

VAGRANTS,  PAUPERS,  BEGGARS,  VAGABONDS  AND 
DISORDERLY  PERSONS. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  907.  P.  L.  L.,  (1888)  Art.  4,  Sec.  878. 

865.  The  Judge  of  the  Criminal  Court  of  Baltimore,  or 
any  Justice  of  the  Peace  of  the  City  of  Baltimore,  upon 
information  that  any  person  in  said  City  is  a pauper,  an 


554 


MISCELLANEOUS  LOCAL  LAWS. 


habitual  beggar,  a vagrant,  a vagabond  or  disorderly 
person,  shall  issue  a warrant  or  order,  to  be  directed  to  the 
Sheriff  or  any  constable  on  police  officer  of  said  City, 
commanding  him  to  bring  the  person  against  whom  the 
information  is  given,  before  said  Court  or  said  Justice  on  a 
day  to  be  named  therein,  not  more  than  one  week  from 
the  date  of  the  warrant,  to  answer  to  the  said  charge. 

P.  L.  L.,  (1860)  Art.  4,  Sec.  908.  P.  L.  L.,  (1888)  Art.  4,  Sec.  879. 

866.  Every  person  who  has  no  visible  means  of  main- 
tenance from  property  or  personal  labor,  or  is  not 
Warrant  for  supportod  by  his  or  her  friends  or  relatives, 

fo?madoS.'”' lives  idle,  without  employment,  shall  be  deemed  a 
pauper ; and  every  person  who  habitually  wanders  about 
and  begs  in  the  streets,  or  from  house  to  house,  or  sits, 
„ ^ ^ stands  or  takes  a position  in  any  place  and  begs  from 

passers-by,  either  by  words  or  gestures,  shall  be  deemed 
an  habitual  beggar  ; and  every  person  who  wanders  about 
and  lodges  in  outhouses,  market-places,  or  other  public 
buildings  or  places,  or  in  the  open  air,  and  has  no  perma- 
nent place  of  abode,  or  visible  means  of  maintenance,  shall  be 
deemed  a vagrant ; and  every  person  who  leads  a dissolute 
and  disorderly  course  of  life,  and  cannot  give  an  account 
Habitual  beg-  of  the  means  by  which  he  procures  a livelihood,  and  every 
fortune-teller  or  common  gambler,  shall  be  deemed  a 
vagabond  or  disorderly  person.** 


1888,  ch.  284.  P.  L.  L.,  (1888)  Art.  4,  Sec.  880. 

867.  Police  officers,  acting  on  the  request  of  any  person, 
or  upon  their  own  information  or  belief,  shall,  without  a 

**NoTE.  See,  opinion  of  Harlan,  C.  J.,  in  re  State  v.  Carrie  Park- 
hurst,  Part  II  of  the  Criminal  Court  of  Baltimore,  declaring  section  4 of 
Article  38,  Baltimore  City  Code  (1893),  in  conflict  with  sections  866-872 
inclusive  of  the  City  Charter,  and  therefore  invalid.  Docket  of  1901, 
case  1028. 

Criminal  Court, — Jurisdiction,  of. — In  cases  of  vagrancy,  the  Crimi- 
nal Court  of  Baltimore  City  has  appellate  jurisdiction  only;  on  a convic- 
tion before  a Justice  of  the  Peace,  the  accused  may  appeal  to  the  Criminal 
Court.  Adams  v.  .Superintendent  House  of  Refuge,  Daily  Record  , April 
3,  1903. 


VAGRANTS,  PAUPERS,  VAGABONDS  AND  DISORDERLY  PERSONS 


555 


warrant,  arrest  and  carry  before  a station  house  Justice 
for  examination  any  such  pauper,  habitual  beggar,  vagrant.  Police  may  on 
vagabond  or  disorderly  person,  and  make  complaint  against  ^st  wUhout 
him  ; provided,  that  in  all  cases  where  such  arrest  is  made 
on  request  of  any  person  and  without  warrant,  the 
officer  making  the  arrest  shall  require  the  person  request- 
ing it  to  forthwith  appear  before  said  Justice  and  prefer  a 
charge,  under  oath,  against  the  person  so  arrested. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  909.  P.  L.  L.,  (1888)  Art.  4,  Sec.  881. 

1890,  ch.  196.  1900,  ch.  677. 

868.  The  said  Court  or  said  Justice,  upon  proof  that 
any  person  is  a pauper,  an  habitual  beggar,  a vagrant,  or 
a vagabond  as  aforesaid,  shall  in  the  discretion  of  the  said 
Court  or  Justice  commit  said  pauper,  habitual  beggar, 
vagrant  or  vagabond  to  the  Maryland  House  of  Correction, 
or  to  such  other  suitable  place  as  may  hereafter  be  pro- 
vided  for  said  purpose  by  the  Mayor  and  City  Council  of 
Baltimore;  provided,  that  any  person  found  to  be  a pauper 
or  an  habitual  beggar  who  may  not  be  able-bodied,  but 
aged,  or  seriously  crippled  or  infirm,  may  in  the  discretion 
of  said  Court  or  Justice  be  committed  to  the  almshouse  of 
said  City;  and  that  any  minor  committed  under  this  section 
may  be  sent  to  any  reformatory  institution  to  which  minors 
may  be  committed  under  Article  27  of  the  Code  of  Public 
General  Laws. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  910.  P.  L.  L.,  (1888)  Art.  4,  Sec.  882. 

869.  Whenever  any  house  of  refuge,  house  of  correc- 
tion, workhouse  or  other  house,  building  or  place  shall  be 
provided  by  the  Mayor  and  City  Council  of  Baltimore,  to  ^\S^p!acTcom- 
which  persons  convicted  under  this  sub-division  of  this 
Article  may  be  sent,  the  said  Court  or  said  Justice  may 
send  them  to  any  such  house,  building  or  place,  if  the 
Judge  of  said  Court  or  said  Justice  consider  it  to  be  a more 
suitable  place  for  the  purpose  than  the  Almshouse. 


556 


MISCEl^IvANEOUS  EOCAE  EAWS. 


Must  remain 
for  term  com- 
mitted. 


Emploj'ment 
of  those 
committed. 


Time  of  de- 
tention. 


Rules  and  reg- 
ulations of 
corrective 
institutions. 


Notice  to  par- 
ents of  va- 
grant mi- 
nors. 


P.  E.  L.,  (I860)  Art.  4,  Sec.  911.  P.  L.  L.,  (1888)  Art.  4,  Sec.  883. 

870.  The  Supervisors  of  City  Charities,  or  the  officers 
of  places  respectively  to  which  persons  convicted  under 
the  two  preceding  sections  may  be  sent,  shall  keep  them 
during  the  time  for  which  they  are  to  be  kept,  so  that  they 
cannot  escape  from  said  places. 


P.  L.  E.,  (1860)  Art.  4,  Sec.  912.  P.  E.  L , (1888)  Art.  4,  Sec.  884. 

871.  The  said  Supervisors  of  City  Charities  or  other 
officers  respectively  shall  put  such  of  said  persons  so  con- 
victed as  are  able  to  work,  to  the  work  which  they  are  best 
able  to  do. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  913.  P.  E.  E.,  (1888)  Art.  4.  Sec.  885. 

1890,  ch.  196. 

872.  The  time  for  which  any  person  shall  be  sent  to  the 
almshouse,  the  Maryland  House  of  Correction  or  other 
place,  as  provided  by  Section  868  of  this  Article,  shall  not 
be  less  than  one  week  nor  more  than  two  months  for  the 
first  conviction,  and  not  less  than  one  month  nor  more 
than  six  months  for  the  second  conviction,  and  not  less  than 
six  months  nor  more  than  twelve  months  for  the  third  or 
any  subsequent  conviction. 


P.  E.  E.,  (1860)  Art.  4,  Sec.  914.  P.  E.  E.,  (1888)  Art.  4,  Sec.  886. 

873.  The  Supervisors  of  City  Charities  or  the  managers 
of  the  House  of  Refuge  or  officers  of  the  other  places  to 
which  persons  may  be  sent  as  aforesaid,  shall  respectively 
have  the  right  to  make  all  proper  rules  and  regulations  for 
the  purpose  of  carrying  out  the  aforesaid  provisions. 


P.  E.  E.,  (I860)  Art.  4,  Sec.  915.  P.  E.  E.,  (1888)  Art.  4,  Sec.  887. 

874.  Whenever  any  minor  shall  be  brought  before  the 
Judge  or  Justice  as  aforesaid,  the  parents  or  guardians  of 
such  minor,  if  they  be  resident  within  the  City  of  Balti- 
more, and  their  names  and  place  of  residence  be  made 


VAGRANTS,  PAUPERS,  VAGABONDS  AND  DISORDERLY  PERSONS. 


557 


known  to  such  Judge  or  Justice,  shall  be  summoned  to 
show  cause,  if  any  they  have,  why  such  minor  should  not 
be  sent  to  the  almshouse  or  other  suitable  place,  or  be 
otherwise  punished  according  to  law. 


P.  L.  L.,  (I860)  Art.  4,  Sec.  916.  P.  L.  L.,  (1888)  Art.  4,  Sec.  888. 

875.  The  said  Judge  or  Justice  shall,  if  a suitable 
master  or  mistress  can  be  found,  and  he  judges  it  best  for  may  b 
the  minor,  bind  such  minor  an  apprentice  to  some  useful  apprenticed, 
art,  trade  or  occupation,  in  the  same  manner  and  on  the 
same  conditions  as  apprentices  may  now  be  bound  by  the 
laws  of  this  State. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  917.  P.  L.  L.,  (1888)  Art.  4,  Sec.  889. 

876.  Every  unmarried  male  under  twenty-one  years  of 
age,  and  unmarried  female  under  eighteen  years  of  age, 
shall  be  considered  minors  within  the  meaning  of  the 
preceding  section. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  918.  P.  L.  L.,  (1888)  Art.  4,  Sec.  890. 

877.  The  Orphans’  Court  of  Baltimore  City  shall  have 
concurrent  jurisdiction  over  all  cases  of  minors  under  the  jurisdiction  of 
preceding  sections  of  this  sub-division  of  this  Article,  and  ?oS?t^Sver 
exercise  all  the  powers  in  relation  to  them  which  are  herein- 
before  granted  to  the  Criminal  Court  and  to  Justices  of  the 
Peace  of  said  City. 


P.  L.  L.,  (1860)  Art.  4,  Sec.  919.  P.  L.  L.,  (1888)  Art.  4,  Sec.  891. 

878.  The  Criminal  Court  of  Baltimore  shall  try  all 
cases  which  may  be  brought  before  it  in  relation  to 
vagrants  and  beggars,  in  the  same  manner  and  at  the  same  Trials  of  va- 
time  as  cases  for  assault  and  battery  are  now  tried  by  said 
Court ; provided,  that  the  trial  shall  be  by  jury,  if 
demanded  by  the  party  charged. 


558 


MISCEI.LANEOUS  EOCAE  EAWS. 


P.  L.  E.,  (I860)  Art.  4,  Sec.  920.  P.  L.  E.,  (1888)  Art.  4,  Sec.  892. 

879.  If  any  case  which  may  be  brought  before  a Justice 
of  the  Peace,  or  before  the  Orphans^  Court,  the  party 

Jury  Trial.  charged  shall  demand  a jury  trial,  the  said  Justice  or  said 
Court  shall  certify  said  case  to  the  Criminal  Court  of 
Baltimore,  to  be  proceeded  with  and  tried  by  said  Court  in 
the  same  manner  as  if  the  case  had  been  originally  brought 
before  said  Court. 

P.  E.  E.,  (1860)  Art.  4,  Sec.  921.  P.  E.  E.,  (1888)  Art.  4,  Sec.  893. 

880.  The  Justice  of  the  Peace  and  the  Clerk  of  the 
Criminal  Court  and  Register  of  Wills  of  the  Orphans^ 
Court  aforesaid,  respectively,  shall  receive  the  sum  of 

Fees  for  issu-  twonty-five  ccuts  for  issuing  every  warrant,  and  fifty 
inS  warrY^s  cents  for  making  out  every  commitment  or  indenture  of 
apprenticeship  of  such  vagrants  or  beggars  ; and  the  con- 
stable, sheriff  or  police  officer,  for  serving  said  warrant 
and  bringing  the  person  charged  before  either  of  said 
Courts,  or  before  said  Justice,  shall  receive  the  sum  of 
fifty  cents,  and  for  carrying  any  person  committed  to  the 
place  of  commitment,  the  sum  of  fifty  cents,  which  several 
sums  shall  be  paid  as  other  costs  in  criminal  cases  are  now 

Costs  against  paid ; but  either  of  said  Courts  or  said  Justice  may  at 
acquittal.  discretion,  adjudge  that  the  said  costs  shall  be  paid  by  the 
informer,  in  cases  where  the  person  charged  is  acquitted. 


VAGRANT,  DEPENDENT  AND  VICIOUS  CHILDREN. 

1878,  ch.  473.  P.  E.  E.,  (1888)  Art.  4,  Sec.  894.  1902,  ch.  611,  Sec.  2. 

881.  No  minor,  if  a girl,  under  the  age  of  sixteen 
Minors  in  sa-  years,  and  if  a boy,  under  the  age  of  fourteen  years,  shall 
ha°nl,’e1?.”‘'^'be  admitted  or  permitted  to  remain  in  any  saloon,  place  of 
entertainment  or  amusement  known  as  dance-houses, 
concert  saloon,  theatre  or  varieties,  where  immoral, 
indecent,  obscene  or  vulgar  language,  display  or  perform- 
ance is  permitted,  allowed  or  carried  on,  or  where  any 
spirituous  liquors,  wines,  intoxicating  or  malt  liquors  are 
sold,  exchanged  or  given  away,  unless  accompanied  by 


VAGRANT,  dependent  AND  VICIOUS  CHILDREN. 


559 


parents  or  guardian.  Any  proprietor,  keeper  or  manager 
of  any  such  place  who  shall  admit  such  minor  to  or  permit 
him  or  her  to  remain  in  such  place,  unless  accompanied  by 
parent  or  guardian,  shall  be  guilty  of  a misdemeanor,  and 
shall,  upon  conviction  by  any  court  or  competent  jurisdic- 
tion, be  fined  ten  dollars  and  costs  for  each  and  every  Penalty, 
offence. 


1878,  ch.  473.  P.  L.  L.,  (1888)  Art.  4,  Sec.  895. 

882.  Every  person  having  the  custody  of  any  girl 
under  the  age  of  sixteen  years  and  of  any  boy  under  the 
age  of  fourteen  years  shall  restrain  such  child  from 
habitually  begging,  whether  actually  begging  or  under  the  °aS^chii 
pretense  of  peddling.  Any  person  offending  under  this  ^ren. 
section  shall  be  considered  and  deemed  as  incapable  of 
taking  care  of  and  providing  for  such  child,  and  such 
child,  by  reason  thereof,  be  deemed  as  coming  within  the 
conditions  of  the  next  succeeding  section. 


1878,  ch.  473.  P.  h.  E.,  (1888)  Art.  4,  Sec.  896. 

883.  Any  girl  apparently  under  the  age  of  sixteen 
years,  and  any  boy  apparently  under  the  age  of  fourteen 
years,  that  comes  within  any  of  the  following  descriptions 
named  ; that  is  known  to  be  habitually  begging  or  receiving 
alms,  whether  actually  begging  or  under  the  pretence  of 
peddling  or  offering  for  sale  anything,  or  being  in  any  Defining  va- 
street,  road  or  public  place  for  the  purpose  of  so  begging, 
gathering  or  receiving  alms  ; that  is  found  wandering  and 
not  having  any  home  or  settled  place  of  abode  or  proper 
guardianship  or  visible  means  of  subsistence ; that  is  found 
destitute,  either  being  an  orphan  or  having  a vicious  parent 
who  is  undergoing  penal  servitude  or  imprisonment ; that 
frequents  the  company  of  reputed  thieves  or  prostitutes, 
or  houses  of  assignation  or  prostitution,  or  dance-houses, 
concert  saloons,  varieties,  or  places  specified  in  Section  881 
hereof,  without  a parent  or  guardian,  shall  be  arrested  and  Arrest  of  such 
brought  before  a Court  or  Justice  of  the  Peace.  When, 
upon  examination  before  a Court  or  Justice  of  the  Peace  it 


560 


MISCEIvI^ANEOUS  LOCAL  LAWS. 


shall  appear  that  any  such  child  has  been  engaged  in  any 
of  aforesaid  acts,  or  comes  within  any  of  the  aforesaid 
descriptions,  such  Court  or  Justice,  when  he  shall  deem 
expedient  for  the  welfare  of  the  child,  shall  commit  such 
child  to  an  orphan  asylum,  charitable  or  other  institute,  or 
make  such  other  disposition  thereof  as  now  is  or  may 
hereafter  be  provided  by  law  in  case  of  vagrants,  truant. 
Proviso.  disorderly,  pauper  or  destitute  children ; provided,  however, 
that  none  of  the  provisions  of  this  sub-division  of  this 
Article  shall  be  construed  so  as  to  prevent  children  from 
selling  or  offering  for  sale  newspapers. 


1878,  ch.  473.  P.  L.  L.,  (1888)  Art.  4,  .See.  897. 

884.  Any  person  representing  himself  or  herself  to  be, 
or  passing  himself  or  herself  off  as  the  parent  or  guardian 
of  a child  or  children  referred  to  in  any  of  the  aforesaid 
sections  of  this  sub-division  of  this  Article,  when  it  shall 
appear  that  such  person  is  not  either  the  parent  or  guardian 
of  said  child,  shall  be  deemed  guilty  of  a misdemeanor, 
^pretending  upon  conviction  by  any  court  of  competent  jurisdiction 
parents.  g]^^|j  fined  not  more  than  twenty  dollars  and  costs  for 
each  and  every  offence. 


Boys^  Home. 

1874,  ch.  68.  P.  L.  L.,  (1888)  Art.  4,  Sec.  898. 

885.  The  special  objects  and  purposes  of  the  Boys^ 
Home  Society  shall  be  to  shelter  and  protect  destitute  and 
homeless  boys,  to  furnish  them  with  food,  raiment  and 
lodging,  to  stimulate  them  to  honest  efforts  to  earn  a 
livelihood,  to  instruct  them  after  working  hours  in  moral 
and  religious  truths  and  in  the  rudiments  of  education,  to 
aid  and  encourage  them  out  of  vagrancy  and  ignorance,  to 
raise  them  up  into  a better  life  of  virtue,  industry  and 
usefulness,  and  generally  to  stand  in  the  relation  of  parent 
to  such  homeless  boys. 


561 


VAGRAr^T,  KTC.,  CHILDREN — ST.  MARTIN’S  EPISCOPAL  HOUSE. 

St.  Martha  s Episcopal  House. 

1898,  ch.  151. 

§885a.  The  Mayor  and  City  Council  of  Baltimore  is 
authorized  and  empowerd  to  appropriate  annually  the  sum  Appropriation 
of  five  hundred  dollars  to  pay  for  the  conduct  and  manage- 
ment of  Saint  Martha’s  Episcopal  House,  in  the  City  of 
Baltimore. 


1874,  ch.  68.  P.  L.  L.,  (1888)  Art.  4,  Sec.  899.  1900,  ch.  742. 

886.  The  Boys’  Home,  the  Dolan  Children’s  Aid  Society, 
the  Hebrew  Orphan  Asylum,  the  Home  of  the  Friendless, 

St.  Vincent’s  Orphan  Asylum  and  the  Henry  Watson 
Children’s  Aid  Society  have  the  powers  and  authority  con-  Jjl: 

f erred  by  the  General  laws  upon  juvenile  institutions  and  tutions. 
societies. 

1902,  ch.  611.  1904,  ch.  514.  1906,  ch.  263. 

8 86 A.  The  Supreme  Bench  of  Baltimore  City  is  author- 
ized to  appoint  from  time  to  time,  in  such  number  as  it  may 
deem  proper,  persons  of  either  sex,  to  serve  during  its 
pleasure  as  probation  officers,  five  of  whom  shall  be  ^^sig- 
nated  by  the  Court  as  paid  officers,  and  shall  each  receive  ?ers. 
from  the  Mayor  and  City  Council  of  Baltimore  a salary  of 
twelve  hundred  dollars  per  annum,  payable  monthly. 

Probation  officers  are  deemed  officers  of  the  various  Courts 
presided  over  by  the  Judges  of  the  Supreme  Bench  of 
Baltimore  City  exercising  functions  under  the  authority  and 
direction  of  such  Courts,  and  in  the  execution  of  their 
office,  are  vested  with  the  privileges  and  authority  of  the 
conservators  of  the  peace. 


1902,  ch.  611.  1904,  ch.  514. 

886B.  In  any  proceeding  before  any  of  said  Courts  or 
before  the  Magistrate  for  juvenile  causes,  involving  the  Duties  of  pro- 
detention,  custody  or  commitment  of  any  minor,  one  or  cer‘s?”°^‘ 
more  of  the  probation  officers  designated  by  the  Court  or 
Magistrate  shall  make  such  investigation  as  may  be  required 


562 


miscellaneous  local  laws. 


To  visit  juve- 
nile institu- 
tions. 


Their  employ- 
ment or  pres 
ence  in,  pro- 
hibited. 


Penalty,  for- 
feiture of 
license  and 
fine  or  im- 
prisonment. 


by  the  Court  or  Magistrate  and  execute  such  orders  or 
directions  of  the  Court  or  Magistrate  as  may  be  given  them  ; 
at  any  stage  of  the  proceedings  in  the  case  of  a minor  who 
is  charged  with  crime  or  whose  care  and  custody  is  involved, 
the  Court  or  Magistrate  may  suspend  further  action  and 
place  such  minor  in  the  care  and  custody  of  a probation 
officer  for  such  time  and  upon  such  terms  and  conditions  as 
may  be  deemed  proper ; and  such  officer  may  bring  the 
minor  before  the  court  or  Magistrate  at  any  time  during 
the  period  of  commitment  to  his  care.  The  Supreme  Bench 
shall  from  time  to  time  designate  and  direct  such  probation 
officer  or  officers  as  they  may  select  to  visit  the  various 
juvenile  institutions  to  which  minors  are  committed  by  any 
of  said  Courts  to  make  a thorough  investigation  into  all 
matters  affecting  the  welfare  of  such  minor,  and  make  a 
report  thereof  to  said  Court. 

887-899.  Sections  887  to  899,  inclusive,  repealed  by 
Act  1900,  ch.  742. 


WAITRESSES  IN  PLACES  OF  PUBLIC  AMUSEMENT. 

1864,  ch.  399.  P.  L.  L.,  (1888)  Art.  4,  Sec.  913. 

900.  It  shall  not  be  lawful  for  any  proprietor,  lessee  or 
manager  of  any  theatre,  museum  or  other  place  of  amuse- 
ment, to  employ  women  or  girls  as  waiters,  or  to  permit 
-them  to  act  in  such  theatre  or  place  of  amusement,  or 
among  the  audience  or  frequenters  of  such  theatre  or  place 
of  amusement  as  waiters,  or  for  the  purpose  or  under  the 
pretense  of  selling,  serving,  receiving  orders  or  pay  for 
spirituous  or  malt  liquors,  wines,  lager  beer,  or  any  other 
refreshments  or  merchandise. 


1864,  ch.  399.  P.  L.  L.,  (1888)  Art.  4,  Sec.  914. 

901.  Any  person  violating  the  provisions  of  the  pre- 
ceding section  shall  be  deemed  guilty  of  a misdemeanor, 
and  on  conviction  thereof  in  the  Criminal  Court  of  Balti- 
more, shall  be  sentenced  to  pay  a fine  of  not  less  than  one 


WATER — LAKE  ROLAND,  RESERVOIRS  AND  DAMS. 


563 


hundred  nor  more  than  one  thousand  dollars,  or  to  imprison- 
ment in  jail  not  less  than  one  month  nor  more  than  six 
months,  or  to  both  fine  and  imprisonment,  at  the  discretion 
of  the  Court,  and  to  forfeiture  of  license,  one-half  the  fine 
to  be  paid  to  the  informer  and  the  other  half  to  the  State. 


WATER. 

Lake  Roland,  Reservoirs  and  Dams. 

1870,  ch.  25.  P.  L.  L.,  (1888)  Art.  4,  Sec.  931. 

902.  If  any  person  shall  wilfully  pollute  the  water  in 
any  lake,  dam  or  reservoir,  line  of  conduit,  water-pipe,  gate 
house,  or  other  work  constructed  or  used  for  supplying  the 
City  of  Baltimore  with  water,  by  swimming,  bathing  or 
washing  therein  or  by  washing,  or  causing  to  be  washed 
therein,  or  so  near  thereto  as  to  pollute  the  water  therein, 
any  clothes,  the  skin  of  any  dead  animal,  or  any  impure, 
fetid  or  noxious  animal  or  vegetable  matter,  or  shall  ^p"ofiudo°n. 
throw,  or  cause  to  be  thrown  therein,  or  so  near  thereto 
as  to  pollute  the  water  therein,  any  impure,  fetid  or  nox- 
ious animal  or  vegetable  matter,  the  person  so  offending 
shall  forfeit  and  pay  a sum  not  less  than  five  nor  more  than 
fifty  dollars  for  each  offense. 

Mayor  v.  Warren  Mfg.  Co.,  59  Md.  96. 


1870,  ch.  25.  P.  L.  L.  (1888)  Art.  4,  Sec.  932. 

903.  If  any  person  shall  erect,  or  cause  to  be  erected, 
any  privy,  hog-pen,  bleaching  or  dyeing  establishment,  or 
other  thing,  over  any  lake,  dam,  reservoir,  line  of  conduit,  ^erection?”^^ 
water-pipe,  gate  house,  or  other  work  constructed  or  used  of  polf^tlSn. 
for  supplying  the  City  of  Baltimore  with  water,  or  so  near 
thereto  as  to  pollute  or  discolor  the  water  therein,  the 
person  so  offending  shall  forfeit  and  pay  a sum  not  exceed- 
ing fifty  dollars,  and  the  further  sum  of  ten  dollars  for  each 
and  every  day  the  same  shall  remain  after  notice  to  remove 
same  shall  have  been  given. 


564 


MISCElvLANEOUS  EOCAE  EAWS. 


1861,  ch.  240.  P.  E.  E.,  (1888)  Art.  4,  Sec.  933. 

904.  If  any  person  shall  injure,  or  cause  to  be  injured, 
defaced  or  destroyed,  any  dam,  reservoir,  line  of  conduit, 

to^watJr  wutcr-pipe,  gate-house,  stop-cock,  or  other  thing  used  for 
supplying  the  City  of  Baltimore  with  water,  the  person  so 
offending  shall  forfeit  and  pay  a sum  not  less  than  five 
nor  more  than  fifty  dollars  for  each  offence. 

1861,  ch.  240.  P.  E.  L.,  (1888)  Art.  4,  Sec.  934. 

905.  All  fines  and  forfeitures  imposed  by  the  preceding 
second  shall  be  recoverable  by  warrant  before  any  Justice 
of  the  Peace  in  and  for  the  City  of  Baltimore,  or  in  and 
for  Baltimore  County,  according  to  the  respective  juris- 
diction under  which  any  of  the  offences  herein  set  forth 
may  be  committed;  one-half  to  the  informer  and  the  other 
half  to  the  Mayor  and  City  Council  of  Baltimore. 

1861,  ch.  240.  P.  E.  E.,  (1888)  Art.  4,  Sec.  935. 

906.  The  two  preceding  sections  shall  not  be  construed 
to  exempt  any  person  who  may  have  been  fined  for  a vio- 
lation thereof,  or  who  may  be  charged  with  a violation  there- 

^ filfes  notto  of,  from  an  action  of  damages  for  any  injury  or  destruction 
actlonTf?^°^of  any  part  of  the  works  used  in  supplying  the  City  of 
damages.  Baltimore  with  water,  in  any  suit  for  damages  on  account 
of  said  injury,  brought  by  the  Mayor  and  City  Council  of 
Baltimore. 


PROVISOES  LIMITING  THE  OPERATION  AND  EFFECT 
OF  THIS  ARTICLE. 

1898,  ch.  123,  Sec.  2. 

Section  2.  This  Act  (1898,  ch.  123)  shall  not  affect  or 
Vested  rights,  impair  any  right  vested  or  acquired  and  existing  at  the 
time  of  the  passage  of  said  Act;  provided,  that  this  section 
Proviso.  shsiW  not  be  construed  to  make  irrepealable  or  irrevocable 
any  right  which  before  the  passage  of  this  Act  was  repeal- 
able  or  revocable;  nor  shall  said  Act  impair,  discharge  or 
release  any  contract,  obligation,  duty,  liability  or  penalty 


system. 


Recovery  of 
penalties 
imposed. 


PROVISOES  LIMITING  THE  OPERATION  AND  EFFECT  OF  THIS  ARTICLE.  565 


whatever  now  existing.  All  suits  and  actions,  both  civil  and 
criminal,  pending  or  which  may  hereafter  be  instituted 
for  causes  of  action  now  existing  or  offenses  already  com-  ^ pSdf’ 
mitted  against  any  law  or  ordinance  repealed  by  this  Act, 
shall  be  instituted,  proceeded  with  and  prosecuted  to  final 
determination  and  judgment  as  if  this  Act  had  not  been 
passed.  No  tax  levied  or  any  proceeding  taken  for  the 
collection  of  any  such  tax  or  the  enforcement  of  the  pay- 
ment of  the  same,  before  the  passage  of  this  Act,  or  the 
taxes  levied  for  the  year  eighteen  hundred  and  ninety- 
eight,  if  levied  after  the  passage  of  this  Act,  shall  in  any 
manner  be  affected  by  the  passage  of  this  Act,  and  the 
mode  of  procedure  in  any  such  matter  shall  be  the  same 
as  if  this  Act  had  not  been  passed. 

Robinson  v.  Baltimore  City,  93  Md.  208.  Baltimore  City  v.  Balto.  Co. 

W.  & E.  Co.,  95  Md.  242. 


1898,  ch.  123,  Sec.  3. 

Section  3.  All  laws  now  in  force  relating  or  applicable 
to  the  Mayor  and  City  Council  of  Baltimore  or  the  City  of 
Baltimore,  and  not  included  in  this  Act,  and  not  incon- Effect  of  Act 
sistent  with  said  Act,  and  all  ordinances  of  the  Mayor  and  ing  law. 
City  Council  of  Baltimore  now  in  force  and  not  inconsistent 
with  this  Act,  shall  be  and  they  are  hereby  continued  un- 
til changed  or  repealed,  respectively,  by  the  General 
Assembly  of  Maryland  or  the  Mayor  and  City  Council  of 
Baltimore  ; provided,  that  all  Acts  or  parts  of  Acts  passed 
at  the  session  of  the  General  Assembly  of  Maryland  in  the 
year  eighteen  hundred  and  ninety-eight,  relating  to  the  "^unimpSed. 
Mayor  and  City  Council  of  Baltimore,  or  the  City  of  Balti- 
more, or  in  any  manner  amending  or  adding  to  Article  4 
of  the  Code  of  Public  Local  Laws,  as  said  Article  existed 
before  the  passage  of  this  Act,  shall  in  no  wise  be  affected 
by  the  passage  of  this  Act,  but  all  such  laws  shall  have  the 
same  force  and  effect  as  if  this  Act  had  not  been  passed. 

The  provisions  of  this  Act  shall  not  have  the  effect  to  en-  Extra  territor- 
large  or  extend  in  any  manner  the  rights  or  privileges  of  Act  defined, 
the  Mayor  and  City  Council  or  other  authorities  of  the  City 


566 


MISCEI.I.ANEOUS  LOCAE  LAWS. 


Effect  of  Act 
on  tenure  of 
office. 


of  Baltimore  outside  of  the  limits  and  boundary  of  said 
City,  beyond  or  in  addition^  to  those  now  limited  to,  and 
exercised  by  said  City  under  the  present  laws. 

U.  Rys.,  etc.  Co.  v.  Hays,  92  Md.  490.  Baltimore  City  v.  Stewart,  92 
Md.  553.  Robinson  v.  Balto.  City,  93  Md.  208.  Balto.  City  v.  Balto.  Co. 
W.  & E.  Co.,  95  Md.  243.  Bostock  v.  Sams,  95  Md.  400. 


1898,  ch.  123,  Sec.  4. 

Section  4.  All  officers  provided  for  or  named  in  said 
Act,  whether  by  election  or  appointment,  shall  continue  to 
hold,  exercise  and  discharge  the  duties  of  their  respective 
offices,  until  they  shall  be  superseded  under  the  provisions 
of  said  Act,  and  until  their  successors  shall  be  duly  quali- 
fied, and  nothing  contained  in  said  Act  shall  be  construed 
to  interfere  with  the  continuity  of  the  terms  or  tenure  of 
any  of  said  officers ; nor  shall  a reappointment  or  re-elec- 
tion of  any  of  said  officers  be  necessary  in  order  to  secure 
the  said  continuity  of  their  said  terms  and  tenures  of  office, 
unless  otherwise  provided  in  said  Act.** 

Robinson  v.  Balto.  City,  93  Md.  208. 


‘Note. — The  Act  of  1898,  ch.  123  was  approved  March  24,  1898. 


ORDINANCES. 


■-i-/ 


Baltimore  City  Code. 


ORDINANCES. 


ARTICLE  I. 

MAYOR  AND  CITY  COUNCIL. 


The  Mayor. 

Bonds  in  Municipal  Suits. 

1.  Authority  to  execute  appeal 

bonds,  etc. ; Indemnification 
of  sureties. 

Deeds  and  Leases. 

2.  Mayor  to  execute  deeds  for 

city  property ; proviso  as  to 
section  13  of  City  Charter. 

3.  Ma}^or  to  execute  renewal 

leases  of  city  property  ; proviso 
as  to  form  of  lease. 

4.  Use  of  sign  or  bill-boards  in 

“Burnt  District”  to  render 
deeds  of  Burnt  District  Com- 
mission void. 

City's  Claims. 

5.  Mayor  to  employ  attorneys  to 

prosecute  claims  against  United 
States. 

Mayor's  Secretary. 

6.  Appointment  of  secretary  ; his 

duties ; salary. 

Mayor's  Clerk. 

1.  Appointment  of  clerk;  duties; 
salary  of  clerk. 

Mayor's  Messenger. 

8.  Appointment  of  messenger; 
duties  of  messenger  ; salary. 


Mayor's  Stenographer. 

9.  Appointment  of  stenographer ; 

duties ; salary. 

10.  Terms  of  employment  of  clerk, 

messenger  and  stenographer. 

11.  Not  to  be  absent  without 

Mayor’s  permission. 

Manslaughter^  Murder  and  other 
Crimes. 

12.  Reward  for  persons  charged 

with  homicide,  assault  with 
intent  to  kill,  arson  and  in- 
cendiarism. 

Revocation  of  Permits. 

13.  Certain  permits  to  be  revocable; 

notice  of  revocation , penalty 
for  disregard  of  notice. 

City  Council. 

Members. 

14.  Penalty  for  absence  of  mem- 

bers without  leave. 

15.  Manner  of  collecting  said 

penalty. 

16.  Duty  of  member  absenting  him- 

self during  session. 

17.  Neither  branch  to  adjourn 

without  consent  of  other. 

18.  Members  not  to  hold  other 

office  of  emolument  under 
corporation. 


570 


MAYOR  AND  CITY  COUNCIL— ORDINANCES. 


[art.  1. 


Clerks  of  City  Council. 

19.  Duty  of  chief  clerks  to  deliver 

journals,  petitions,  messages 
and  reports  to  City  Register  ; 
Register  may  withhold  sal- 
aries until  duties  performed. 

20.  Chief  clerks  to  indorse  said 

papers. 

21.  Clerks  to  furnish  proceedings 

of  each  Branch  to  Public 
Printer. 

22.  Clerks  to  receive  from  Public 

Printer  copy  of  journal  on 
writing  paper ; same  to  be 
delivered  to  City  Register;  to 
be  preserved  in  City  Library; 
journal  as  evidence. 

23.  Specifications  for  engrossing 

ordinances  and  resolutions. 

Ordinances  and  Resolutions. 

24.  City  Register  to  have  engrossed 

ordinances  bound  and  index- 
ed. 

25.  City  Register  to  send  copies  of 

ordinances  to  heads  of  de- 
partments affected. 

26.  City  Librarian  to  furnish  copies 

of  ordinances,  etc.,  to  State 
Library,  Bar  Library  and 
Peabody  Institute. 

27.  Publication  of  ordinances  and 

resolutions  in  newspapers;  to 
be  published  in  German  ; 
City  Register  to  examine 
Public  Printer’s  proof  sheets 
of  ordinances. 

28.  Payment  for  publication  of  or- 

dinances; rate  of  charge  for 
publication. 

29.  Duties  of  Reading  Clerk  of 

First  Branch;  to  also  perform 
duties  of  Chief  Clerk  during 
his  absence. 


30.  Certificates  to  be  attached  to 

ordinances  before  delivery  of 
same  to  the  Mayor  by  the  clerk 
of  the  Branch  in  which  same 
originated. 

31.  Clerk  of  Second  Branch  to  be 

chief  clerk  of  the  two  Branches 
when  in  convention. 

Claims  before  Council. 

32.  No  claim  barred  by  limitations 

to  be  considered. 

Diary  of  City  Council. 

33.  Control  of  expenditures  relat- 

ing to  operation  of  City  Coun- 
cil. 

34.  Items  to  be  paid  only  when 

duly  authorized. 

35.  Bills  of  Council  to  be  referred 

to  Committee  on  Claims;  Re- 
port of  committee  to  be  ap- 
proved by  resolution ; such 
resolution  to  be  authority  of 
Comptroller  to  draw  warrant 
on  City  Register. 

City  Officers. 

36.  When  annual  reports  to  be 

made. 

37.  City  officials  not  to  be  inter- 

ested in  contracts  with  or 
claims  against  city  ; penalty. 

Bonds. 

38.  Officers  from  whom  bond  not 

required  ; when  Mayor  may 
require  bond  from  such. 

39.  Powers  of  Ma}^or  in  relation  to 

bonds  for  wLich  no  provision 
is  made. 

Extra  Compensation. 

40.  Not  to  be  granted  to  officers  or 

agents  of  city  ; salaries  not  to 
be  increased  or  diminished 
during  term  of  office  ; proviso 
as  to  increased  duties. 


ART.  1.]  BONDS  IN  MUNICIPAL  SUITS — ORDINANCES. 


571 


41.  Not  to  be  granted  to  con- 

tractors or  firms  after  contract 
made ; proviso  as  to  loss 
caused  by  act  of  Mayor  and 
City  Council. 

Salaries  of  Employes. 

42.  When  to  be  paid  ; exception  as 

to  salaries  of  persons  in  the 
Department  of  Education. 

A dvertisements . 

43.  To  be  published  in  at  least  one 

German  paper. 

City  Contracts. 

Specifications. 

44.  Sub-contractors  mu.st  be  named 

in  original  bid. 

45.  Contractor’s  bond  to  contain 

stipulation  to  indemnify  city 
in  cases  of  infringement  of 
patents  for  materials,  etc.,  or 
negligence  by  contractors. 

46.  Contractors  to  produce  vouch- 

ers of  settlement  for  labor  and 
materials  furnished  to  them. 


47.  Contractors  to  pay  day  laborers 

weekly ; otherwise,  city  de- 
partment supervising  work 
shall  pay  same  and  charge 
contractor. 

Records  of  the  City. 

48.  Public  papers  to  be  recorded, 

filed  and  preserved;  City 
Register  to  permit  removal  of 
records  only  on  demand  of 
court  of  justice  or  of  City 
Council ; to  furnish  copies  of 
records  ; fee  for  copy. 

49.  Comptroller  to  keep  indexed 

records  of  property  of  city. 

Seal. 

50.  Representation  of  Battle  Monu- 

ment to  be  seal  of  city. 

51.  Certificate  of  City  Register 

under  seal  to  be  furnished 
free  in  cases  of  claims  of 
soldiers  and  seamen  of  United 
States. 

Standard  Time. 

52.  Basis  of  time  shown  by  public 

clocks. 


THE  MAYOR. 

Bonds  in  Municipal  Suits. 

City  Code,  (1879)  Art.  1,  Sec.  3.  City  Code,  (1893)  Art.  1,  Sec.  3. 

1.  Incase  of  litigation  in  which  the  interests  of  the  Authority  to 
Mayor  and  City  Council  of  Baltimore  are  concerned,  the  Slf  bon^s; 
Mayor  is  authorized  to  execute  in  association  with  any 
other  suitable  person  or  persons,  corporation  or  corpora- 
tions, he  may  procure,  appeal  bonds,  injunction  bonds, 
securityships  for  costs  or  other  legal  obligations,  which 
may  be  necessary  for  the  due  prosecution  of  the  interests 
of  the  municipal  corporation  in  such  cases  before  the 


572 


MAYOR  AND  CITY  COUNCIL — ORDINANCES.  [aRT.  1 . 


Indemni6ca- 
tion  of 
sureties. 


Mayor  to  exe- 
cute deeds. 


Proviso. 


Mayor  to  exe- 
cute or  cause 
to  be  execut- 
ed, renewal 
leases. 


Proviso. 


Use  of  signs  o 
bill-boards  ii 
“Burnt  Dis- 
trict” to  ren- 
der deeds  of 
Burnt  Dis- 
trict Com- 
misson  void. 


courts  ; and  the  faith  of  the  corporation  is  pledged  for  the 
due  indemnification  of  the  party  or  parties  who  may  make 
such  engagements  or  obligations  on  its  behalf. 

Mayor  v.  B.  & O.  R.  R.,  Co.  21  Md.  52. 


Deeds  and  Leases. 

Ord.  7,  February  20,  1879.  City  Code,  (1893)  Art.  1,  Sec.  4. 

2.  The  Mayor  is  authorized  to  execute  deeds  of  con- 
veyance or  assignments  of  all  real  or  leasehold  property, 
belonging  to  or  which  may  have  belonged  to  the  City  of 
Baltimore,  the  sale  of  which  has  been  authorized,  or  that 
may  hereafter  be  authorized,  by  any  ordinance  or  resolution 
of  the  Mayor  and  City  Council  of  Baltimore  ; provided,  that 
where  the  provisions  of  section  13  of  the  City  Charter  are 
applicable,  the  deeds  and  conveyances  in  such  cases  shall 
conform  therewith. 


Ord.  76A,  May  18,  1886.  City  Code,  (1893)  Art.  1,  Sec.  5. 

3.  The  Mayor,  for  and  in  the  name  of  the  Mayor  and 
City  Council  of  Baltimore,  is  authorized  and  directed  to 
execute  renewal  leases  in  lieu  of  those  leases  wherein  the 
original  term  of  ninety-nine  years  or  less  has  expired,  and 
in  which  the  fee  simple  or  leasehold  interest  is  vested  in 
the  Mayor  and  City  Council  of  Baltimore ; provided  said 
renewal  leases  and  sub-leases  are  in  proper  legal  form  and 
are  approved  as  provided  by  section  13  of  the  City  Charter, 
when  the  provisions  of  said  section  are  applicable. 


Ord.  184,  December  27,  1904. 

4.  In  all  cases  where  the  Burnt  District  Commission 
shall  sell  the  residue  of  any  lot,  of  which  a part  shall  be 
taken  to  effect  the  objects  confided  to  the  Commission  by 
chapter  87  of  the  Acts  of  1904  of  the  General  Assembly  of 
Maryland,  commonly  known  as  the  “Burnt  District  Com- 
mission Act,  ^ ’ the  advertisement  of  the  sale  thereof  shall 
contain  an  announcement  to  the  effect  that  the  property  is 


ART.  1.]  mayor’s  secretary— ordinances. 


573 


sold,  and  the  deed  thereof  a clause  to  the  effect  that  the 
property  is  deeded  subject  to  a strict  condition  binding 
upon  the  purchaser,  his  heirs  and  assigns,  that  the  deed 
shall  be  null  and  void  in  case  the  said  property,  or  any  part 
or  parts  thereof,  shall  ever  be  used  for  a sign-board,  bill- 
board or  other  similar  purpose. 


City^s  Claims, 

Res.  20,  February  28,  1879.  City  Code,  (1893)  Art  1,  Sec.  6. 

5.  The  Mayor  is  authorized,  upon  the  presentation  toMayo^rtoem- 
him  of  satisfactory  evidence  of  the  existence  of  any  just  neys  to  pros- 
and  valid  claim  on  the  part  of  the  corporation,  against  the 
government  of  the  United  States,  and  which  said  claim  it 

is  in  his  judgment  judicious  to  prosecute,  to  employ  for 
that  purpose  the  services  of  one  or  more  agents,  or  attorney 
or  attorneys,  and  to  agree  with  such  agent  or  agents  for 
his  or  their  compensation ; provided  the  same  shall  in 
every  case  be  entirely  contingent  upon  the  recovery  of  the 
money. 

Mayor's  Secretary, 

Ord.  21,  March  21,  1882.  City  Code,  (1893)  Art.  1,  Sec.  7. 

6.  There  shall  be  appointed  by  the  Mayor,  pursuant  to 
the  authority  conferred  by  section  20,  of  the  City  Charter, 

an  officer  who  shall  be  styled  the  Mayor ^s  Secretary,  who  Mayor’s 
shall  perform  such  duties,  consistent  with  the  character  of 
the  office,  as  the  Mayor  shall  direct ; he  shall  attend  at  the 
Mayor's  office  from  9 o'clock,  A.  M.  to  3 o'clock,  P.  M. ; 
and  at  such  other  times  as  the  Mayor  may  require  his  ser- 
vices ; he  shall  receive  as  a salary  for  his  services  the  sum  salary, 
of  twenty-three  hundred  dollars  per  annum. 

- Mayor's  Clerk, 

City  Code,  (1879)  Art.  1,  Sec.  5.  City  Code,  (1893)  Art.  1,  Sec.  8. 

Ord.  45,  December  21,  1905,  Sec.  2. 

7 . There  shall  be  appointed  by  the  Mayor  on  the  Tuesday 
next  after  the  third  Monday  of  May  succeeding  his  elec- 


574 


MAYOR  AND  CITY  COUNCIR— ORDINANCES.  [arT.  1. 


Duties. 


Salary. 


Appointment. 


Duties. 


Salary. 


Appointment. 


Duties. 


Salary. 


Terms  of  em- 
ployment of 
clerk,  etc. 


tion,  or  as  soon  thereafter  as  practicable,  a clerk,  whose 
duty  it  shall  be  to  attend  at  the  office  of  the  Mayor  during 
office  hours,  and  to  perform  such  duties  as  he  may  pre- 
scribe ; and  the  said  clerk  shall  also  act  as  secretary  to  the 
Mayor  during  the  absence  of  the  secretary,  keep  a record 
of  all  ordinances  and  resolutions  presented  to  the  Mayor 
and  signed  by  him  and  also  of  all  permits  for  various  pur- 
poses which  may  be  issued  from  the  Mayor’s  office.  He 
shall  receive  as  a salary  for  his  services  the  sum  of  fifteen 
hundred  dollars  per  annum. 


Mayor^s  Messenger. 

City  Code,  (1879J  Art.  10,  Sec.  2.  City  Code,  (1893)  Art.  10,  Sec.  2. 

Ord.  45,  December  21,  1905,  Sec.  3. 

8.  There  shall  be  appointed  by  the  Mayor  on  the  Tues- 
day next  after  the  third  Monday  of  May  succeeding  his 
election,  or  as  soon  thereafter  as  practicable,  a messenger, 
whose  duty  it  shall  be  to  attend  at  the  office  of  the  Mayor 
during  office  hours,  deliver  messages  and  perform  such 
other  services  as  the  Mayor  may  prescribe.  He  shall 
receive  as  a salary  for  his  services  the  sum  of  twelve  hun- 
dred dollars  per  annum. 


Mayor^s  Stenographer. 

Ord.  45,  December  21,  1905,  Sec.  3,  (8-B). 

9.  There  shall  be  appointed  by  the  Mayor  on  the  Tues- 
day next  after  the  third  Monday  of  May  succeeding  his 
election,  or  as  soon  thereafter  as  practicable,  a stenogra- 
pher, whose  duty  it  shall  be  to  attend  at  the  office  of  the 
Mayor  during  office  hours  and  perform  such  duties  as  he 
shall  prescribe.  He  shall  receive  as  a salary  for  his 
services  the  sum  of  one  thousand  dollars. 


Ord.  45,  December  21,  1905,  Sec.  3,  (8-C). 

10.  The  terms  of  employment  of  the  clerk,  messenger 
and  stenographer  mentioned  in  the  three  next  preceding 


ART.  1.].  REVOCATION  OF  PERMITS — ORDINANCES. 


575 


sections  of  this  article  shall  be  co-incident  with  the  term  of 
office  of  the  Mayor  by  whom  they  are  appointed,  and  they 
shall  be  removable  at  his  pleasure. 


City  Code,  (1879)  Art.  1,  Sec.  6.  City  Code,  (1893)  Art.  1,  Sec.  9. 

11.  No  one  of  the  aforegoing  officers  shall  absent  him-  Not  to  be  ab- 

. . « , , sent  without 

self  from  duty  without  the  permission  of  the  Mayor.  Mayor’s  per- 


Manslaughter,  Murder  and  Other  Crimes. 

City  Code,  (1879)  Art.  38,  Sec.  1.  City  Code,  (1893)  Art.  38,  Sec.  1. 

12.  The  Mayor  is  hereby  authorized  and  directed  to  Regard  for 
issue  his  proclamation,  offering  a reward  of  such  an 
amount  as  he  may  deem  proper,  for  the  discovery,  arrest  gf 
and  conviction,  in  any  of  the  courts,  of  any  person  who  kin,  arson 

’ 1 incendia- 

may  be  suspected  or  charged  with  the  crime  of  murder,  rism. 
manslaughter,  assault  with  intent  to  kill,  or  arson,  com- 
mitted within  the  city,  with  setting  fire  to  any  building, 
lumber  yard  or  ship  yard  in  the  city,  or  with  having 
destroyed,  injured  or  defaced  any  engine,  hose,  hose  car- 
riage or  other  apparatus  or  property  belonging  to  the  fire 
department  of  the  City,  whenever  he  shall  have  knowledge 
of  the  commission  of  any  of  said  crimes  or  receive  informa- 
tion thereof  from  any  respectable  person  or  persons. 


Revocation  of  Permits. 

City  Code,  (1879)  Art.  7,  Sec.  30.  City  Code,  (1893)  Art.  7,  Sec.  100. 

13.  All  permits  granted  for  the  erection  of  telegraph  certain per- 
and  other  poles,  sign-posts,  signs,  awning  flaps,  figures  vocable, 
and  other  structures,  may  be  revoked,  and  the  same  shall 
be  removed  after  sixty  days,  notice  by  the  Mayor  ; any 
person  or  persons  or  corporation  refusing  or  neglecting  to 
conform  to  the  requirements  of  this  section,  upon  receiving 


Note. — For  decisions  relative  to  revocation  of  permits  and  in  relation 
to  permits  generally,  see,  Mayor,  &c.  v.  Radecke,  49  Md.  217.  Hooper 
V.  City  Pass’r  Ry.  Co.,  85  Md.  509.  C.  & P.  Tel.  Co.  v.  Baltimore,  89 
Md.  689. 


576 


MAYOR  AND  CITY  COUNCIL — ORDINANCES.  [arT.  1. 


Penalty  for 
absence. 


Fines  how  col- 
lected. 


Absence  dur- 
ing session. 


the  notice  provided  for  herein,  shall  pay  a fine  not  exceed- 
ing one  hundred  dollars,  and  a further  fine  not  exceeding 
fifty  dollars  for  every  day  such  refusal  or  neglect  shall 
continue  from  the  first. 


CITY  COUNCIL. 

Members, 

City  Code  (1879)  Art.  1,  Sec.  7.  City  Code  (1893)  Art.  1,  Sec.  10. 

14.  If  any  member  of  the  City  Council  shall  neglect  to 
appear  at  the  hour  of  meeting  in  the  branch  of  which  he 
is  a member,  or  shall,  after  appearance,  absent  himself 
before  the  hour  of  adjournment,  without  leave  first  obtain- 
ed of  the  president  of  the  branch  of  which  he  is  a member, 
such  person  shall  forfeit  and  pay  a sum  not  exceeding  two 
dollars  for  each  offence,  unless  he  is  excused  by  the  branch 
of  which  he  is  a member. 


City  Code,  (1879)  Art.  1,  Sec.  8.  City  Code,  (1893)  Art.  1,  Sec.  11. 

15.  The  fines  and  forfeitures  incurred  under  the  next 
preceding  section  of  this  Article  shall  be  deducted  out  of 
any  allowance  due  to  the  member  incurring  the  same;  and 
if  such  member  shall  not  have  due  to  him  a sum  sufficient 
to  discharge  and  pay  the  fines  and  forfeitures  incurred  as 
aforesaid,  the  balance  or  sum  remaining  due  shall  and  may 
be  collected  in  the  same  manner  as  other  fines  and  for- 
feitures are  and  may  be  collected. 


City  Code,  (1879)  Art.  1,  Sec.  9.  City  Code,  (1893)  Art.  1,  Sec.  12. 

16.  If  any  member  shall  not  attend  during  the  session 
of  the  City  Council,  he  shall  transmit  to  the  president  of 
the  branch  of  which  he  is  a member  a satisfactory  excuse, 
in  writing,  during  the  session,  or  he  may  be  fined  in  the 
discretion  of  his  branch,  not  exceeding  two  dollars  a day 
for  each  day  he  shall  so  absent  himself. 


ART.  1.]  CLERKS  OF  CITY  COUNCIL — ORDINANCES. 


577 


City  Code,  (1879)  Art.  1,  Sec.  10.  City  Code,  (1893)  Art.  1,  Sec.  13. 

17.  Neither  branch  shall  adjourn,  without  the  consent  Adjournment, 
of  the  other,  for  a longer  time  than  one  day  during  the 
session. 


City  Code,  (1879)  Art.  1,  Sec.  12.  City  Code,  (1893)  Art.  1,  Sec.  15. 

18.  It  shall  not  be  lawful  for  any  member  of  the  City  Members  not  to 
Council  to  be  appointed  or  to  accept  appointment  to  any  office°oflmoi- 
ofhce  or  employment  under  the  corporation  during  the  term  corporation, 
for  which  he  was  elected  as  a member  of  the  City  Council. 


Clerks  of  City  Council. 

City  Code,  (1879)  Art.  1,  Sec.  13.  City  Code,  (1893)  Art.  1,  Sec.  16. 

19.  It  shall  be  the  duty  of  each  of  the  chief  clerks 
the  City  Council,  within  thirty  days  after  each  and  every 
session,  to  deliver,  in  person,  to  the  City  Register,  the 
journal  of  his  respective  branch  of  the  City  Council;  also  journals,  pe- 
all  petitions,  memorials,  messages,  reports  and  communi-  sages  and 
cations  of  every  description,  which  may  have  been  received  delivered  to 
during  the  session,  and  which  may  be  in  his  possession  at 
the  close  thereof;  and  the  City  Register  is  hereby  directed 
to  withold  from  said  clerk  or  clerks,  one  half  of  the  amount  when  clerks  to 
or  amounts  which  may  be  due  him  or  them,  until  he  or  they  Register, 
shall  have  performed  all  the  duties  hereinbefore  prescribed. 


City  Code,  (1879)  Art.  1,  Sec.  14.  City  Code,  (1893)  Art.  1,  Sec.  17. 

20.  The  said  clerks  shall,  before  they  deliver  the  papers  chief  derk  to 
aforesaid,  endorse  each  and  every  one  in  a proper  manner,  SpSf 
and  file  them  in  separate  bundles. 


City  Code,  (1879)  Art.  1,  Sec.  15.  City  Code,  (1893)  Art.  1,  Sec.  18. 

21.  It  shall  be  their  duty  when  directed  so  to  do  by  the 
joint  standing  committee  on  printing  to  furnish  to  the 
public  printer  the  proceedings  of  each  branch,  together 
with  all  petitions,  memorials,  communications,  messages,  to 

reports  of  committees,  and  such  other  documents  as  shall 
be  directed  to  be  printed. 


578 


MAYOR  AND  CITY  COUNCID — ORDINANCES.  [arT.  1. 


City  Code,  (1879)  Art.  1,  Sec.  17.  City  Code,  (1893)  Art.  1,  Sec.  20. 

Clerks  to  re-  22.  It  shall  be  the  duty  of  each  of  the  chief  clerks  of 
pubHc  Print-  the  City  Council  to  receive  from  the  Public  Printer  a copy 
Journal  on  of  the  joumal  of  each  day's  proceedings  of  the  branch  of 
Paper.  which  he  is  clerk,  printed  as  required  by  section  6 of 
Article  29  of  this  Code,  which  copy  when  revised,  shall  be 
^°o  City  rSFs^-  signed  by  the  respective  clerk  and  president  of  said  branch, 
and  shall  be,  by  said  clerks  respectively  delivered  to  the 
Preserved  in  Register,  by  whom  the  same  shall  be  bound  in  a sub- 

city  library,  stantial  manner  and  preserved  in  the  city  library  ; which 
Evidence  Certified  journals  shall  be  evidence  of  the  proceedings 

of  the  respective  branches  of  the  City  Council. 

City  Code,  (1879)  Art.  1,  Sec.  18.  City  Code,  (1893)  Art.  1,  Sec.  21. 

23.  The  clerk  of  each  branch  of  the  City  Council,  in  en- 
Engrossing  grossing  the  ordinances  and  resolutions  passed  by  the  City 
Council,  shall  cause  the  same  to  be  done  on  paper  of  good 
quality  and  uniform  size,  each  sheet  with  an  inner  margin 
of  at  least  two  inches  in  width,  the  better  to  permit  the 
same  to  be  bound  as  provided  for  in  the  next  succeeding 
section. 


Ordinances  and  Resolutions.. 

City  Code,  (1879)  Art.  1,  Sec.  19.  City  Code,  (1893)  Art.  1,  Sec.  22. 

24.  The  City  Register  shall  cause  the  orginal  engrossed 
g?orsed?r-  copies  of  the  ordinances  and  resolutions,  passed  by  the 
dinances.  Council  to  be  Suitably  bound  in  a volume,  labelled 

with  the  year  or  years  of  the  several  sessions  during 
which  the  same  were  passed,  and  properly  paged  and  sup- 
plied with  an  index  of  the  full  title  of  each  of  said  ordi- 
nances and  resolutions. 

City  Code,  (1879)  Art.  1,  Sec.  20.  City  Code,  (1893)  Art.  1,  Sec.  23. 

City  Register  25.  It  shall  be  the  duty  of  the  City  Register,  immedi- 
of  ordina^cSately  after  the  approval  of  any  ordinance  or  resolution  of 
depSments.  the  City  Council,  affecting  any  of  the  departments  of  the 
City  government,  either  by  ordering  them  to  do  certain 


ART.  l]  ORDINANCES  AND  RESOEUTIONS— ORDINANCES. 


579 


work  or  otherwise,  to  send  a copy  of  such  ordinance  or 
resolution  to  the  head  of  department  so  alluded  to. 


City  Code,  (1879)  Art.  1,  Sec.  21.  City  Code,  (1893)  Art.  1,  Sec.  24. 

26.  The  City  Librarian  shall  annually  furnish  to 
State  Library  two  copies,  and  to  the  Library  Company  of  &c.^?oftate 
the  Baltimore  Bar,  two  copies  of  the  ordinances  and  jour-^  library,  &c. 
nals  for  each  year,  and  to  the  Peabody  Institute  of  the  ordinances. 
City  of  Baltimore,  one  copy  of  the  ordinances,  journals,  JntfoPea- 
reports  and  other  publications  of  the  City  for  each  year. 


City  Code,  (1879)  Art.  1,  Sec.  22.  City  Code,  (1893)  Art.  1,  Sec.  25. 

27.  It  shall  be  the  duty  of  the  City  Register  to  cause  ^"rdfnaiS?^ 
all  the  ordinances  and  resolutions  of  the  City,  of  a public  &c.,  in  news- 
or  general  nature,  to  be  published  in  such  and  so  many 
newspapers,  (one  of  which  shall  be  the  German  newspaper 
of  the  city  having  the  largest  circulation)  as  he  may  deem 
best  calculated  to  give  general  information  to  the  citizens; 
provided  that  no  higher  rate  or  charge  be  allowed  for  pub- 
lication in  the  German  newspaper  than  shall  be  charged 
for  printing  the  same  ordinances  and  resolutions  in  the 
newspapers  printed  in  the  English  language,  and  it  shall 
be  his  duty  carefully  to  examine  the  proof  sheets  of  the  Register  to  ex- 
ordinances and  resolutions,  as  they  are  printed  by  the 
Public  Printer  in  book  form,  which  books  shall  be  deposited 
in  the  City  library. 


City  Code,  (1879)  Art.  1,  Sec.  23.  City  Code,  (1893)  Art.  1,  Sec.  26. 

28.  The  City  Register  is  hereby  directed,  on  the  certifi- 
cate of  the  Comptroller,  with  the  approbation  of  the 
Mayor,  to  pay  to  the  publishers  of  such  papers  as  may  be  ^pubHshlrs  to 
designated  for  that  purpose  all  bills  for  public  or  corpora- 
tion  printing  which  may  be  required  by  ordinance,  or 
which  shall  be  ordered  by  any  of  the  corporate  authorities 
of  the  City;  provided  that  all  the  bills  aforesaid  shall  be 
certified  by  the  several  parties  presenting  them,  to  be 
charged  at  the  usual  customary  prices  charged  for  such 


580 


MAYOR  AND  CITY  COUNCIL— ORDINANCES.  [aRT.  1. 


be  deducted  work,  from  which  the  City  Register  shall  deduct  twenty- 
five  per  centum  upon  the  payment  thereof. 


City  Code,  (1879)  Art.  1,  Sec.  24.  City  Code,  (1893)  Art.  1,  Sec.  27. 

29.  It  shall  be  the  duty  of  the  reading  clerk  of  the  First 
Branch  of  the  City  Council,  under  the  direction  of  the 
ing  clerk  of  chief  clerk,  with  the  approval  of  the  president  of  the  First 
First  Branch,  to  engross  all  ordinances  and  resolutions  passed 

by  the  City  Council  which  originate  in  the  First  Branch; 
to  have  all  petitions,  memorials,  messages,  reports  and 
communications,  properly  endorsed,  ready  for  the  signature 
of  the  chief  clerk;  to  write  all  messages  from  the  First  to 
the  Second  Branch,  and  to  prepare  all  communications 
rendered  necessary  by  order  or  resolution  of  the  Branch, 
ready  for  the  signature  of  the  chief  clerk;  to  convey  all 
messages  from  the  First  to  the  Second  Branch,  and  to 
perform  all  such  other  duties  as  may  be  required  of  him 
by  the  Council  in  connection  with  their  business,  except 
the  preparation  of  the  manuscript  journal  for  the  Public 
Printer,  and  the  recording  of  the  approved  proceedings  in 
Proviso.  the  regular  journal  of  the  session;  provided,  however,  that 
in  case  of  the  absence  from  sickness  or  other  cause  of  the 
chief  clerk,  he  shall  perform  said  duties  also. 


Ord.  11,  October  6,  1905. 

Certificates  to  30.  Evory  Ordinance  or  resolution  of  the  Mayor  and 
to  ordiSn?es  City  Council  of  Baltimore  when  delivered  by  the  clerk  of 
S^°of  simT  the  Branch  of  the  City  Council  in  which  the  same 
by  toe  derk"^  originated,  to  the  Mayor  for  his  approval  duly  authenti- 
inwhicr”''^cated  as  required  by  the  provisions  of  section  23  of  the 
same  origin-  Charter,  shall  be  accompanied  by  a certificate  showing 
the  date  of  introduction  and  the  date  of  each  and  every 
reading  in  both  Branches,  and  if  referred  to  the  Board  of 
Public  Improvements  or  Board  of  Estimates,  the  date  of 
such  reference  and  the  date  of  its  return  to  the  Council  by 
either  or  both  of  said  boards,  and  in  case  the  ordinance  be 
one  requiring  publication  as  prescribed  by  the  provisions 
of  section  90  of  Article  35  of  this  code,  or  as  required  by 


ART.  1.  j DIARY  OF  CITY  COUNCIL — ORDINANCKS. 


581 


the  provisions  of  section  821  or  section  828  of  the  City 
Charter,  the  said  certificate  of  the  clerk  shall  be  accompanied 
by  a certificate  from  the  publisher  of  each  of  the  news- 
papers in  which  publication  was  made,  stating  the  number 
of  times  and  the  dates  whereon  the  notice  prescribed  as 
aforesaid  was  published  in  his  paper,  which  certificate 
shall  have  pasted  thereon  a printed  copy  of  the  notice  so 
published. 


City  Code,  (1879)  Art.  1,  Sec.  26.  City  Code,  (1893)  Art.  1,  Sec.  29. 

31.  The  Clerk  of  the  Second  Branch  is  constituted  the  cierk  to  the 
chief  clerk  of  the  two  Branches  when  in  convention,  and  in  convention 
as  such,  shall  immediately  after  the  adjournment  of  a 
convention,  notify  the  Mayor  of  the  action  of  said  conven- 
tion. 


Claims  Before  Council. 

City  Code.  (1879)  Art.  1,  Sec.  29.  City  Code,  (1893)  Art.  1,  Sec.  32. 

32.  No  claim  shall  be  considered  by  the  Council  after  imitation  on 
the  period  of  limitation  has  elapsed  by  which  under  the  laws 
of  the  State  of  Maryland  such  claim  would  be  barred. 


Diary  of  City  Council. 

Ord.  56,  April  27,  1881.  City  Code,  (1893)  Art.  1,  Sec.  33. 

33.  Except  so  far  as  regulated  by  the  City  Charter, 
the  City  Council  shall  have  the  control  of  all  matters  of 
expenditure  which  relate  to  the  business  operation  or  diary 
of  the  City  Council,  embracing  the  salaries  of  its  officers,  control  of 
printing  for  the  body,  necessary  expenses  of  its  standing  penditurS.' 
and  special  committees,  stationery,  appointments  of  the 
Council  chambers  and  committee  rooms,  funeral  expenses 
and  such  other  expenses  as  may  be  proper  for  and  neces- 
sary to  the  discharge  of  its  functions. 


582 


MAYOR  AND  CITY  COUNCIL — ORDINANCES.  [aRT.  1.. 


To  be  paid  out 
when  duly 
authorized. 


Bills  to  be  re- 
ferred to  com- 
mittee on 
claims. 


When  officers 
to  make  re- 
ports and 
returns. 


Officials  not  to 
be  interested 
in  city  con- 
tracts. 


Ord.  56,  April  27,  1881.  City  Code,  (1893)  Art.  1,  Sec.  34. 

34.  None  of  the  items  of  expense  embraced  in  the  next 
preceding  section  of  this  article  shall  be  paid  unless  author- 
ized by  resolution  or  resolutions  of  both  Branches  of  the 
City  Council. 

Ord.  56,  April  27,  1881.  City  Code,  (1893)  Art.  1,  Sec.  35. 

35.  All  bills  of  expenses  shall  be  presented  to  one  or 
the  other  of  the  branches  of  the  City  Council,  whether 
incurred  by  special  or  standing  committees  of  the  Council 
or  officers  of  the  body  in  virtue  of  section  28  of  this  Article, 
and  when  so  presented  shall  be  referred  to  the  Joint 
Standing  Committee  on  Claims,  which  committee  shall  re- 
port thereon  to  the  City  Council,  and  if  the  claim  shall  be 
approved  by  the  latter,  certified  copies  of  the  resolution  of 
approval  shall  be  sent  to  the  Comptroller,  which  certificate 
will  be  the  authority  to  that  officer  for  the  issuing  of  his 
warrant  on  the  City  Register  for  the  payment  of  the 
amount  of  the  claim  so  certified. 


CITY  OFFICERS. 

City  Code,  (1879)  Art.  1,  Sec.  33.  City  Code,  (1893)  Art.  1,  Sec.  37. 

36.  All  departments,  sub-departments  and  municipal 
officers  not  included  in  any  department,  now  making  annual 
reports  to  the  Mayor  and  City  Council  of  Baltimore,  shall 
make  such  reports  as  soon  after  the  thirty-first  day  of 
December  in  each  year  as  practicable. 


Ord.  94,  May  20,  1890.  City  Code,  (1893)  Art.  1,  Sec.  48. 

37.  It  shall  not  be  lawful  for  any  person  sustaining  any 
official  relation  or  relation  of  employment  to  the  Mayor  and 
City  Council  of  Baltimore,  to  be  concerned  directly  or 
indirectly  in  the  purchase  of  any  debt  due  from  the  cor- 
poration or  of  any  claim  upon  the  same,  or  to  be  interested 
in  any  manner,  on  his  own  personal  account,  in  work  done 
for  or  supplies  furnished  to,  the  city,  or  to  receive  on  his  own 
personal  account  or  any  account  except  that  of  the  city. 


ART.  1.] 


BONDS— ORDINANCES . 


583 


any  percentage  or  sum  on  any  purchases  or  contracts  made 
by  or  entered  into  by,  the  city,  and  any  such  person 
offending  herein  or  violating  in  any  manner,  the  provisions 
of  Section  5 of  Article  XI  of  the  Constitution  of  Maryland, 
(which  declares  that  it  shall  not  be  lawful  for  any  person 
holding  any  office  under  the  city  to  be  interested  while 
holding  such  office  in  any  contract  to  which  the  city  is  a 
party)  shall  for  each  and  every  offense  be  fined  in  a sum  penalty, 
not  exceeding  five  hundred  dollars. 


Bonds. 

City  Code,  (1879)  Art.  1,  Secs.  45,  46.  City  Code,  (1893)  Art.  1, 
Secs.  50,  51. 

38.  The  several  municipal  officials,  officers,  employes 
and  agents  who  are  not  entitled  to  compensation  for  their 
services,  or  whose  compensation  shall  not  exceed  two 
hundred  dollars  ($200)  per  annum  ; unless  otherwise  pro- 
vided  by  laws  or  ordinances,  shall  not  be  required  to  give 
bond  for  the  faithful  performance  of  their  duties,  unless 
the  Mayor  shall  think  it  expedient  to  require  the  same. 


City  Code,  (1879)  Art.  1,  Sec.  44.  City  Code,  (1893)  Art.  1,  Sec.  49. 

39.  All  municipal  officials,  officers,  employes  and  agents,  ^ Mayor  in 
who  are  required  by  law  or  ordinance  to  give  bond  for  the  bonds  for 
faithful  performance  of  their  respective  duties,  shall  give  provision  is 
bond  with  such  security,  as  the  Mayor  may  approve, 
and  in  such  penal  sums  as  the  Mayor  may  direct,  except 
where  a different  provision  is  made  for  the  case  by  law  or 
ordinance. 


Note. — As  to  suits  on  bonds  given  to  Mayor  and  City  Council  of 
Baltimore,  see,  McMechin  v.  Mayor,  2 H.  & J.  41  and  notes.  In  this 
connection,  see  also,  Murdoch  v.  Strange,  99  Md.  89.  See  note  to  Sec. 
10,  Art  6,  City  Code,  (1879). 


584 


MAYOR  AND  CITY  COUNCIL — ORDINANCES.  [arT.  1. 


Not  to  be 
granted  to 
officers  or 
agents. 


Nor  to  City- 
contractors. 


When  to  be 
paid. 


Extra  Compensation. 

City  Code,  (1879)  Art.  1,  Sec.  47.  City  Code,  (1893)  Art.  1,  Sec.  52. 

40.  No  extra  compensation  shall  be  granted  or  allowed 
by  the  Mayor  and  City  Council  of  Baltimore  to  any  official, 
officer,  employe,  agent  or  servant  of  the  corporation,  or 
of  any  other  corporation,  the  expenses  of  which  are  borne 
in  whole  or  in  part  by  the  City,  after  the  services  have 
been  rendered,  nor  shall  the  salary  or  compensation  of  any 
of  said  officials,  employes,  agents  or  servants  be  increased 
or  diminished  during  the  term  for  which  they  may  be  or 
may  have  been  elected,  appointed  or  employed ; provided, 
that  should  an  increase  of  duties  be  required  by  any 
subsequent  ordinance  or  resolution  of  the  Mayor  and  City 
Council  of  Baltimore,  an  extra  compensation  in  the  propor- 
tion of  such  increase  of  duties  to  the  services  originally 
contemplated,  shall  be  allowed  in  the  discretion  of  the 
Mayor  and  City  Council  of  Baltimore. 


City  Code,  (1879)  Art.  1,  Sec.  48.  City  Code,  (1893)  Art.  1,  Sec.  53. 

41.  No  extra  compensation  shall  be  granted  or  allowed 
by  the  Mayor  and  City  Council  of  Baltimore  to  any  con- 
tractor or  contractors  with  the  City,  or  with  any  corporation 
the  expenses  of  which  are  in  whole  or  in  part  borne  by  the 
City,  after  the  contract  has  been  entered  into ; provided, 
that  in  case  a contractor  or  contractors  shall  be  prevented 
by  an  act  of  the  Mayor  and  City  Council  of  Baltimore,  or 
any  agent  or  servant  thereof  acting  under  its  authority, 
from  fulfilling  his  contract  as  agreed  on,  and  loss  is  thereby 
sustained  by  him  or  them,  such  extra  compensation  may  be 
allowed  as  will  compensate  him  or  them  for  said  loss 
incurred  as  aforesaid. 

Salaries  of  Employes. 

City  Code,  (1879)  Art.  1,  Sec.  49.  City  Code,  (1893)  Art.  1,  Sec.  54. 

Ord.  4,  October  12,  1903. 

42.  The  salaries  or  wages  of  all  persons  in  the  service 
of  the  City,  save  such  as  are,  pursuant  to  law,  or  the  course 
of  administrative  practice  now  paid  at  bi-weekly  or  less 


ART.  1.] 


CITY  CONTRACTS — ORDINANCES. 


585 


than  bi-weekly  intervals,  shall,  unless  otherwise  provided 
by  statute,  be  paid  monthly  in  equal  semi-monthly  install- 
ments ; provided,  however,  that  this  shall  not  apply  to 
teachers,  or  other  persons  in  the  Department  of  Education, 
whose  compensation  is  now  paid  monthly  in  monthly  install- 
ments. * 


Advertisements. 

City  Code,  (1879)  Art.  1,  Sec.  50.  City  Code,  (1893)  Art.  1,  Sec.  55. 

43.  All  advertisements  emanating  from  the  different  to  be  pub- 

lisned  in 

departments  of  the  city  government  shall  be  published  m 
at  least  one  German  paper  of  the  City,  and  in  the  selection 
of  such  paper  they  shall  give  preference  to  the  paper  having 
the  largest  circulation,  provided  the  prices  be  the  same  as 
those  charged  by  the  other  papers. 


CITY  CONTRACTS. 

Specifications. 

Ord.  31,  April  11,  1898. 

44.  In  all  specifications  for  contracts  hereinafter  made 
or  entered  into  by  the  Mayor  and  City  Council  of  Baltimore, 
for  the  construction  of  any  public  works  or  improvements 
of  any  kind  whatsoever,  there  shall  be  inserted  a stipu- 
lation that  such  work  so  contracted  for,  shall  not  be  sub- 


*Note. — Funds  in  the  hands  of  an  official  of  the  City  of  Baltimore  due 
by  the  city  for  the  salaries  of  city  employes  are  not,  on  grounds  of  pub- 
lic policy  and  convenience,  liable  to  be  attached  by  the  creditors  of  such 
employes.  Municipal  corporations  are  parts  of  the  State  Government, 
exercising  delegated  political  powers  for  public  purposes,  and  the  rule 
exempting  funds  in  the  hands  of  one  State  officer  due  another,  from 
attachment,  applies  equally  to  the  officers  of  such  corporations  : Mayor, 
&c.  V.  Root,  8 Md.  100.  Anderson,  garn.  v.  Graff,  41  Md.  607. 

The  same  rule  applies  to  the  case  of  a police  officer  who  had  salary  due 
him  in  the  hands  of  a captain  of  police,  acting  as  a disbursing  agent;  an 
attachment  laid  in  the  captain’s  hands  on  a judgment  against  said  police 
officer,  would  not  bind  such  salary:  see,  Yeager Zimmerman,  opinion 
of  Brown,  C.  J.,  City  Court,  November  12,  1875. 


586 


MAYOR  AND  CITY  COUNCIL — ORDINANCES.  [arT.  1. 


Sub-contract- 
ors must  be 
named  in 
original  bid. 


Bond  to  con- 
tain stipula- 
tion to 
indemnify 
City  in  cases 
of  infringe- 
ment of 
patents  for 
materials, 
etc.,  or  negli- 
gence by 
contractors. 


Contractors 
to  produce 
vouchers  of 
settlement 
for  labor  and 
materials 
furnished. 


Contractors  to 
day  laborers 
weekly. 


contracted  except  to  the  persons  named,  if  any,  in  the 
original  bid  for  such  work  when  opened.  * 


Ord.  52,  May  23,  1879.  City  Code,  (1893)  Art.  1,  Sec.  59. 

45.  Hereafter,  in  all  cases  where  any  bond  shall  be 
taken  from  any  contractor  for  the  execution  of  any  work 
for  the  Mayor  and  City  Council  of  Baltimore,  there  shall  be 
inserted  in  said  bond,  and  as  one  of  the  conditions  thereof, 
an  express  stipulation  on  the  part  of  such  contractor  that 
he  will  defend,  indemnify  and  save  harmless  the  Mayor 
and  City  Council  of  Baltimore  against  any  claim  due  to 
using  any  form  of  material,  process,  composition,  method 
of  manufacture,  machinery  or  thing,  which  is  patented,  or 
claimed  to  be  patented,  againt  any  suit  or  suits,  loss, 
damage  or  expense,  to  which  the  said  Mayor  and  City 
Council  of  Baltimore  may  be  subjected  by  reason  of 
any  default  or  negligence,  want  of  skill  or  care,  on  the 
part  of  such  contractor,  his  agents  or  employees,  or  any 
sub-contractor,  in  or  about  the  performance  and  execution 
of  said  work. 


Ord.  25,  April  4,  1898. 

46.  In  all  specifications  for  contracts  hereafter  made 
for  the  construction  of  city  buildings,  there  shall  be  inserted 
a clause  providing  that  the  contractor  or  contractors  with 
the  City  shall,  at  the  time  of  tendering  delivery  of  the 
completed  building,  also  produce  vouchers  showing  settle- 
ment in  full  by  him  or  them  with  all  persons  or  corporations 
who  have  furnished  labor  and  materials  used  in  the  con- 
struction of  said  building. 


Res.  242,  October  22,  1880.  Res.  15,  February  16,  1885. 

City  Code,  (1893)  Art.  1.  Sec.  61. 

47.  In  all  specifications  for  contracts  between  the  City 
and  contractors  for  the  performance  of  any  public  work 
for  the  City  of  Baltimore,  there  shall  be  inserted  a clause 


*Notr. — For  cases  arising  out  of  city  contracts,  see^  under  sections  14 
and  15,  City  Charter,  ante. 


ART.  1.] 


RECORDS  OF  CITY — ORDINANCES. 


587 


compelling  each  contractor  to  pay  all  mechanics  or  labor- 
ing hands  employed  by  the  day,  once  each  week  ; and  for 
the  failure  to  comply  by  said  contractors,  the  said  day 
hands  may  file  their  bill,  under  oath,  with  the  proper  de- 
partment, for  the  number  of  days  so  employed,  not  to 
exceed  one  week  ; and  it  shall  be  the  duty  of  said  depart- 
ment  to  pay  said  day  hands,  and  charge  the  same  to  the 
contractor  or  contractors,  and  deduct  the  same  from  any 
money  that  may  be  due  the  said  contractor  or  contractors,  tractor. 

RECORDS  OF  THE  CITY. 

City  Code  (1879)  Art.  1,  Sec.  55.  City  Code  (1893)  Art.  1,  Sec.  62. 

48.  It  shall  be  the  duty  of  all  city  municipal  officials, 
officers  and  agencies,  carefully  to  file  and  keep  all  public  Public  paper 
papers  whatever,  belonging  to  the  City,  which  are  now  in  corded^  filed 
or  may  hereafter  come  into  their  respective  offices,  and  served 
which  appertain  to  the  same ; and  it  shall  not  be  lawful 
for  the  City  Register  to  permit  any  paper  or  record  in  his 
office  to  be  taken  therefrom,  by  any  person  or  persons 
whomsoever,  unless  the  same  be  demanded  by  a court  of 
justice  of  this  State,  or  of  the  United  States,  or  by  either 
branch  of  the  City  Council,  but  every  person  wanting  the 
information  contained  in  such  papers  or  the  record  thereof 
when  recorded,  shall  be  entitled  to  a copy  of  the  same ; 
and  it  shall  be  the  duty  of  the  City  Register  to  furnish  such 
copies  when  applied  for,  and  the  City  Register  shall  charge 
and  receive  therefor  the  sum  of  fifteen  cents  for  every 
sheet  of  copy  containing  one  hundred  words,  and  so,  pro 
rata  ; for  every  search,  and  for  every  certificate  to  a copy, 
twenty-five  cents,  which  fees  or  charges  shall  be  paid  into 
the  treasury  of  the  City. 


City  Code  (1879)  Art.  1.  Sec.  57.  City  Code  (1893)  Art.  1,  Sec.  64. 

49.  The  Comptroller  shall  keep  a well  bound  record  comptroller  to 
book,  and  have  therein  recorded  all  deeds  and  leases  made  ofcSn^S-  ^ 
to  the  City,  or  sufficient  extracts  from  such  deeds  and 
leases  as  will  fully  explain  the  same  ; and  also  all  contracts 
and  agreements  made  in  relation  to  the  property  of  the 


588 


MAYOR  AND  CITY  COUNCIL — ORDINANCES.  [aRT.  1.  ^ 


City ; the  records  in  said  record  book  to  be  written  on 
every  other  page,  so  that  the  page  opposite  the  record  may 
be  left  blank  for  any  remarks  that  may  be  necessary  to  be 
made  in  regard  to  the  disposition  of  said  property.  The 
said  record  book  shall  also  have  an  alphabetical  index  made 
for  more  easy  reference  to  said  deeds,  leases,  contracts 
and  agreements. 

SEAL. 

City  Code,  (1879)  Art.  1,  Sec.  58.  City  Code,  (1893)  Art.  1,  Sec.  65. 

Represent^ation  5Q.  The  Seal  heretofore  provided  and  used,  the  impres- 
Monument.  gion  on  which  is  a representation  of  the  Battle  Monument, 
is  hereby  established  and  declared  to  have  been  and  now 
to  be  the  seal  of  the  Mayor  and  City  Council  of  Baltimore. 


City  Code,  (1879)  Art.  1,  Sec.  59.  City  Code,  (1893)  Art.  1,  Sec.  66. 

Certificate  of  51.  It  shall  be  the  duty  of  the  City  Register  in  cases 
where  his  certificate  under  seal  shall  be  required  to  be  used 
Tn  case  US  evideuce  in  the  claims  of  soldiers  and  seamen  in  the 
soldiers  and  United  States  service,  or  in  the  claims  of  the  widows  or 
Sited”  ° heirs  of  such  as  may  have  died,  or  may  hereafter  die  in 
said  service,  to  furnish  such  certificates  without  any  charge 
whatever. 


STANDARD  TIME. 

Res.  7,  December  24,  1883.  City  Code,  (1893)  Art.  1,  Sec.  67. 

How  regulated.  52.  At  noon  on  November  18,  1883,  and  thereafter,  all 
time  in  the  City  of . Baltimore  shall  conform  to  the  new 
standard,  based  upon  the  time  of  the  seventy-fifth  meri- 
dian, and  all  time  shown  by  the  public  clocks  shall  agree 
therewith. 


ART.  2.] 


AUCTIONS — ORDINANCES . 


589 


ARTICLE  II. 

AUCTIONS. 


1.  City  Register’s  Annual  Account 
to  State  Comptroller  of  dis- 
bursements of  funds  from  Auc- 
tions. 


2.  Auction  on  streets  prohibited, 
permit  from  Mayor. 


City  Code,  (1879)  Art.  6,  Sec.  1.  City  Code,  (1893)  Art.  6,  Sec.  1. 

1.  The  City  Register  shall,  on  or  before  the  fifteenth  cRy^^egister’s 
day  of  September  in  each  and  every  year,  furnish  to  the 
Comptroller  of  the  State  a fair  and  distinct  account  of  the  comptroller 

.of  disburse- 

disbursements  in  relation  to  the  deepening  and  improve- 
ment  of  the  channel  in  Chesapeake  Bay  and  Patapsco  auctions, 
river  and  the  harbor  of  the  city  of  Baltimore. 


City  Code,  (1879)  Art.  6,  Sec.  2.  City  Code,  (1893)  Art.  6,  Sec.  2. 

2.  It  shall  not  be  lawful  to  expose  or  offer  for  sale  at  Auction  on 
public  auction  or  otherwise,  any  goods,  wares  or  merchan-  pSibited. 
dise  on  any  of  the  public  streets,  lanes  or  alleys  in  the  city, 
unless  permission  be  first  obtained  from  the  Mayor,  under 
a penalty  of  twenty  dollars  for  each  and  every  offence ; 
and  the  Mayor  is  hereby  authorized  to  grant  a permit  to 
make  sales  of  goods,  wares  and  merchandise  at  public  ^M“yo?°“ 
auction  or  otherwise  on  any  of  the  streets,  lanes  or  alleys 
in  the  city,  when  in  his  opinion  and  judgment  such  per- 
mission will  not  interfere  with  the  free  travel  and  use 
thereof,  and  will  not  be  in  any  respect  injurious  to  the 
city  or  inhabitants  thereof.  All  fines  imposed  for  the 
violation  of  any  of  the  provisions  of  this  section  shall  be 
recovered  as  other  fines  imposed  by  ordinance  are  recover- 
able, and  when  collected  shall  be  paid  to  the  Comptroller. 


590 


BUII.DINGS — ORDINANCES . 


[art.  3. 


ARTICLE  III. 

BUILDINGS. 

ORDINANCES. 


Inspector  of  Buildings. 

Subordinates. 

1.  Their  appointment  and  salaries. 

Appeals. 

2.  Appeals  from  orders  of  Inspec- 

tor of  Buildings  ; deposit  to 
cover  costs  of  appeal ; examin- 
ing commission  to  determine 
point  at  issue ; compensation 
of  such  commission. 

Contracts. 

3.  Inspector  of  Buildings  to  super- 

vise and  approve  work  of  con- 
tractors in  city  work. 

Limits  within  which  this  Article 
operates. 

4.  Restricting  erection  of  buildings 

in  city  limits  ; boundaries  de- 
fined ; where  frame  structures 
permitted  ; proviso  as  to  frame 
structures. 

Permits  for  Buildmg. 

5.  Permit  of  Inspector  of  Buildings 

required  ; application  for  per- 
mit ; work  to  be  done  must  be 
in  accordance  with  building 
regulations  ; Inspector  to  issue 
permit  and  stamp  drawings ; 
permits  issued  contingent  on 
written  consent  of  property 
owners  to  become  record  of 
office  of  Inspector  of  Buildings  ; 
proviso  as  to  permits  issued  by 
Appeal  Tax  Court. 


Plans  and  Specifications. 

6.  True  copies  of,  to  be  furnished 

and  remain  on  file  until  work 
completed  ; what  plans  to  be 
permanent  records, 

7.  Unlawful  to  alter  plans  after 

being  stamped  by  Inspector  of 
Buildings  ; his  assent  required 
to  alteration  in  plans. 

Gutters  and  Spouting. 

8.  Property  owners  required  to  pro- 

vide gutters  and  spouting  and 
keep  same  in  repair ; penalty 
for  neglect. 

Inspection  of  Market  Houses. 

9.  Inspector  of  Buildings  to  make 

annual  inspection,  and  report 
to  City  Council  repairs  requir- 
required. 

Repairs  to  City  Buildings. 

10.  Inspector  of  Buildings  to  direct 

and  control  same. 

Alterations  and  Repairs. 

11.  Alteration  of  structures  outside 

building  line ; approval  of 
Board  of  Estimates,  and  per- 
mit from  Inspector  of  Build- 
ings required. 

12.  No  existing  structures  to  be  en- 

larged, raised,  altered  or  built 
except  as  provided  in  this 
Article. 


ART.  3.] 


BUILDING — ORDIN  AN  CBS . 


591 


Balconies,  Piazzas,  Porches,  Bay 
and  Oriel  Windows  and 
Bath  Rooms. 

13.  Permit  for  balcony,  piazza, 

porch  or  platform  of  wood  ; 
fee  for  same  ; dimensions  and 
specifications;  proviso  as  to 
frame  sheds. 

14.  Bathrooms  required  in  dwell- 

ings ; specifications  for  con- 
struction ; permit ; fee  for 
permit. 

15.  Oriel  windows  ; permit  requir- 

ed for  erection  or  alteration  ; 
specifications. 

16.  Penalty. 

17.  Permits  for  bow- windows ; re- 

quirements for  issue. 

18.  Penalty  for  failure  to  procure 

permit  or  exceeding  permit. 

19.  Approval  of  Board  of  Esti- 

mates and  certificate  of  Comp- 
troller. 

Cellars,  Etc. 

20.  Definition  of  word  cellar. 

21.  Ventilation  and  specifications. 

22.  Dwellings  on  low,  damp  or 

made  ground. 

Chimneys,  Flues  and  Heating 
Apparatus. 

23.  Specifications  for,  in  stone  or 

brick  walls. 

24.  Flues  to  be  smooth  on  inside 

on  completion, 

25.  Specifications  for  flues  for  heat- 

ed air. 

26.  Woodwork  against  flues;  re- 

quirements for  same. 

27.  Chimneys  and  smoke  flues  ; 
specifications. 

28.  Specifications  for  hearths  and 

chimneys. 


29.  Smoke  flues  through  partitions 

and  into  chimneys  or  flues, 

30.  Furnace  smoke  pipes ; protec- 

tion of  joists  above  pipes. 

31.  School  buildings  to  be  fire- 
proof ; heating  apparatus  in 
schools. 

32.  Fire  protection  over  furnaces. 

33.  Specifications  for  hot-air  regis- 

ters. 

34.  Gas,  water  and  other  pipes  in 

joists. 

35.  Requirements  for  wooden  joists 

or  girders. 

36.  Restrictions  on  erection  of 

stoves  in  wooden  buildings ; 
penalty  for  neglect  to  obtain 
permit. 

Inspections  of  Hot  Air  Furnaces 
and  Heating  Apparatus. 

37.  When  Inspector  of  Buildings 

may  enter  building  and  in- 
spect furnace ; may  require 
furnace  to  be  repaired  or  con- 
demn same. 

38.  Permit  necessary  before  heat- 

ing apparatus  is  installed; 
penalty  for  neglect  to  procure 
permit ; permit  to  be  returned 
to  Inspector  of  Buildings. 

39.  Penalty  for  refusal  to  permit 

inspection. 

40.  Penalty  for  refusal  to  repair 

furnace  or  remove  same  when 
condemned. 

41.  Penalty  for  failure  or  refusal  to 

return  permit. 

42.  Penalty  for  use  of  other  than 

iron  ash  boxes  in  buildings. 


592 


BUILDINGS— ORDINANCES . 


[art.  3. 


43.  Use  of  annoying  and  dangerous 

chimneys  prohibited;  Inspec- 
tor of  Buildings  may  cause 
same  to  be  altered  or  improv- 
ed ; penalty  for  failure  to  so 
alter  or  improve. 

Electrical  Installation  and  Wiring. 

44.  Use  of  electrical  current  must 

be  in  accordance  with  pro- 
visions of  this  sub-division. 

45.  Wiring  permits  must  be  obtain- 

ed ; requirements  for  applica- 
tion for  same ; work  done  in 
emergency  without  permit 
must  be  reported  to  Inspector 
of  Buildings. 

46.  Inspector  of  Buildings  to  care- 

fully inspect  wiring,  etc.; 
power  to  remove  laths,  etc., 
in  making  inspection. 

47.  To  inspect  wires  and  apparatus 

on  highways  and  in  any  build- 
ings in  city  ; to  cause  defec- 
tive apparatus  to  be  remedied; 
may  cause  current  to  be  cut 
off ; may  cut  wires. 

48.  Certificate  of  inspection ; in- 

stallation to  be  described  in 
certificate  ; certificate  for  new 
work;  no  current  to  be  turned 
into  new  work  until  certificate 
had. 

49.  Dead  or  unused  wires  to  be  re- 

moved by  owners  ; on  failure 
of  owner  to  remove.  Inspec- 
tor may  do  so  at  expense  of 
owner. 

50.  Penalty  for  violations  of  pro- 

visions of  this  sub-division. 

51.  Penalty  for  interference  with 

inspection. 

52.  Qualifications  of  electrical  in- 

spectors. 


53.  Inspection  by  city  not  to  release 

owners  of  electrical  apparatus 
from  liability  for  defective 
equipment,  etc. 

54.  Plants  w-hich  Inspector  of 

Buildings  may  exempt  from 
operation  of  these  provisions; 
certificate  of  exemption;  ma}' 
be  revoked. 

Elevators. 

Permit  arid  Certificate . 

55.  Permit  required  before  com- 

mencing installation  of  eleva- 
tor ; same  to  be  returned  to 
Inspector  of  Buildings  ; to  be 
subject  to  inspection  during 
construction  ; when  properly 
completed  certificate  to  issue  ; 
same  to  be  posted  in  or  about 
elevator. 

Register  of  Elevators. 

56.  Owners  of  elevators  already 

constructed  to  report  their 
location,  etc.;  register  of 
elevators  to  be  kept  in  office 
of  Inspector  of  Buildings;  after 
inspection  of  such  elevators 
said  Inspector  to  issue  certifi- 
cate ; elevator  must  be  in  safe 
condition  before  certificate 
had. 

Inspection. 

57.  All  elevators  to  be  under  super- 

vision of  Inspector  of  Build- 
ings; said  Inspectorto  appoint 
elevator  inspectors ; inspec- 
tors to  make  reports  ; inspec- 
tors may  order  repairs  ; pen- 
alty for  failure  to  repair  dan- 
gerous elevators. 

Ctassification. 

58.  To  what  styles  of  elevators  this 

sub-division|to  apply. 


ART.  3.] 


BUILDINGS — ORDINANCES . 


593 


Ca7'ryhig  Capacity^  etc. 

59.  Regulations  for  first  class ; 

second  class;  combination 
class  ; automatic  class. 

60.  Clearances  required  for  differ- 

ent speeds ; exceptions  as  to 
hand-power  elevators ; count- 
erweights. 

Enclosures  a?id  Cars. 

61.  First  class  or  non-fireproof  en- 

closures ; second  class  or  fire- 
proof ; specifications ; trap- 
doors. 

62.  Requirements  for  enclosures  of 

second  class  ; doors  of  passen- 
ger elevators;  door  fastenings; 
doors  of  freight  elevators  ; 
framed  and  enclosed  cars  for 
passenger  elevators. 

StahuLiay  around  Elevator. 

63.  Stairway  and  elevator  shaft  to 

to  be  separated  by  fireproof 
material . 

Overhead  Grating. 

64.  To  prevent  sheaves,  etc.,  from 

falling. 

Safety  Appliances^  Etc. 

65.  To  prevent  accident  if  cable 

should  break ; speed  gover- 
nor , sidewalk  guard. 

Machinery. 

66.  Safety  specification  for  machin- 

ery. 

Repairs  to  Elevators. 

67.  Permit  for  repairs  ; emergency 

repairs. 

Operation  of  Elevators. 

68.  Elevator  operators  ; age  limit ; 

proviso  as  to  private  elevators. 

Storage  of  Materials. 

69.  Materials  which  must  not  be 
stored  in  elevator  shafts. 


Signs. 

70.  Notices  of  safe  weights,  etc., 

to  be  of  uniform  size. 

Drawmgs  a7id  Models. 

71.  Drawings  or  models  to  be  sub- 

mitted when  required. 

Miscella?teous  Elevators. 

72.  Elevators  not  herein  provided 

for. 

A ppeal. 

73.  By  whom  and  when  appeals 

may  be  made. 

Peiialties. 

74.  Penalties  for  violations  of  pro- 

visions of  this  sub-division  of 
this  article. 

Fences. 

75.  Compensation  of  owner  for  use 

of  division  fence  by  others. 

76.  Permit  required  for  fences  and 

sign  boards  larger  than  six 
feet  square. 

77.  Height  of  advertising  fences 

limited. 

78.  Penalty  for  violation  of  pro- 

visions of  this  sub-division  of 
this  article. 

Fire  Regulations. 

79.  When  fire-proof  doors  required. 

80.  To  be  put  on  inside  if  impracti- 

cable to  put  on  outside  ; man- 
ner of  hanging. 

81.  Metal  frame  sash  glazed  with 

wired  glass  may  be  substitut- 
ed for  fire-doors  or  shutters. 

Fire  Proof  Materials  Required  in 
Certain  Buildmgs. 

82.  Hotel,  office  building,  work- 

shop, etc.,  floors  to  be  fire- 
proof ; fire-proof  partitions 
and  stairways. 


594 


BUILDINGS — ORDINANCES . 


[art.  3. 


Fire  Escapes  and  Alarms. 

83.  Required  in  buildings  over  two 

stories  in  height  when  occu- 
pied for  ceitain  uses;  fire- 
escapes  to  be  kept  in  repair 
and  not  obstructed. 

Precautions  in  Case  of  Fire. 

84.  Arrangement  of  halls,  stair- 

ways, aisles,  etc., in  buildings 
of  public  character,  to  facili- 
tate egress. 

85.  Board  of  Fire  Comission ers  to 

approve  and  inspect  fire  es- 
capes. 

Spark  Catchers. 

86.  Spark  catchers  to  be  provided 

on  stacks  of  bakeries,  steam 
engines,  etc.;  penalty  for 
non-compliance. 

Frame  Sheds  and  Wooden 
Buildings. 

87.  Permits  for  sheds;  fees  for 

same  ; sheds  not  to  be  lathed 
and  plastered. 

88.  Restrictions  on  erection  of 
sheds ; application  for  permit 
to  be  advertised. 

89.  Fire  protection  of  sheds. 

90.  When  sheds  shall  not  be  used 

as  stables. 

91.  When  frame  buildings  may  be 
lathed  and  plastered. 

Wooden  and  Frame  Buildings 
Damaged  by  Fire. 

92.  When  damaged  buildings  may 

be  rebuilt ; when  may  not  be 
rebuilt ; appeal  from  decision 
of  Inspector  of  Buildings. 

Height  of  Buildings,  Stories  and 
Walls. 

93.  Height,  how  computed. 


Height  of  Walls. 
Limiting  Height  of  Buildings. 

94.  Height  of  non-fireproof  build- 

ings limited. 

95.  Definition  of  fire-proof  con- 

struction. 

96.  Limit  of  extreme  height  of  any 

character  of  building. 

97.  Inspector  of  Buildings  to  have 

authority  to  determine 
whether  construction  is  fire- 
proof. 

98.  Increasing  height  of  existing 

buildings. 

99.  Permits  for  temporary  sheds 

for  mechanics. 

100.  Permit  for  lowering,  raising 

and  removal  of  buildings. 

Height  of  Stories. 

101.  Heights  limited  for  given 

thickness  of  wall. 

Encroachments. 

102.  To  be  removed  by  owner  on 

notice  from  Inspector  of 
Buildings. 

Iron  and  Steel  Construction. 

Columns.,  Piers,  Pillars  and  Posts. 

103.  Fireproof  protection  for  iron 

or  steel  columns  ; protection 
for  girders  supporting  en- 
closure walls  ; specifications 
for  iron  and  steel  construc- 
tion ; diameter  and  thickness 
of  cast-iron  columns ; core 
of  columns ; blow-holes  or 
imperfections ; double  col- 
umns to  meet  exigencies. 

104.  Plates,  flanges,  rivets,  splices, 

stiffeners,  etc.;  bolts  for 
beams  used  in  pairs. 

Lintels. 

105.  Lintel  bearings. 


ART.  3.] 


BUILDINGS — ORDINANCES . 


595 


Floor  and  Roof  Beams. 

106.  Spscifications  for  same. 

107.  Trimmer  beams,  headers  and 

tail  beams  ; framed  beams. 

Rivets  and  Riveting. 

108.  Distance  of  rivet  holes  from 

edge  of  material ; pitch  of 
rivets  ; rivet  holes  ; gussets. 

Bolts. 

109.  Bolt  connections ; specifica- 

tions for  bolts. 

Trusses. 

110.  Determining-  stresses  on  trus- 

ses ; bolting  riveted  trusses. 

111.  Pin-connected  trusses ; pins 

and  pin  holes  ; pin  plates. 

Structural  Iro7i  and  Steel. 

112.  Cast-iron  or  metal  fronts; 

structural  metal  work  to  be 
cleaned  ; painting  ; iron  or 
steel  below  water  level. 

Loads  on  Floors,  Weights  and 
Strains. 

113.  Spacing  joists. 

114.  Safe  weights  on  floors  to  be 

posted  in  stores,  warehouses 
and  factories. 

Schedule  of  Safe  Weights. 

115.  Minimum  allowance  for  safe 

weights ; what  live  load  to 
consist  of;  minimum  live  load 
for  dwellings,  hotels,  etc.; 
office  buildings,  theatres, 
churches,  etc. ; public  assem- 
bly rooms  with  and  without 
fixed  seats ; stables,  factor- 
ies, stores,  etc.;  sidewalks; 
design  of  floors ; traveling 
machinery ; reduction  for 
buildings  over  five  itories 
high  ; wind  pressure  ; loads 
on  roofs  ; large  roofs. 


116.  Owner  of  building  to  post 

maximum  safe  load  allowed. 

Safes.,  Machinery  and  Weights. 

117.  Not  to  be  placed  without  per- 

mit. 

118.  Factor  of  safety  in  computing 

strains. 

119.  Manufacturers  of  girders,  etc. 

to  stamp  capacity  thereon. 

Numbering  Houses. 

120.  Irregularities  and  errors  in 

numbering  ; penalty  for  fail- 
ure to  number  or  unauthor- 
ized numbering. 

Roofs,  Cornices  and  Scuttles. 

Roofs. 

121.  Specifications  for  roofs  ; shin- 

gle roofs  ; metal  gutters  re- 
quired. 

Scuttles. 

122.  Exits  through  roofs ; ladders 

for  same ; size  of  opening ; 
scuttles  of  tenement  houses 
not  to  be  locked. 

Co7'nices  and  Gutters. 

123.  Exterior  cornices  and  gutters 

to  be  fire-proof ; metal  cor- 
nices to  balance  within  wall ; 
wooden  cornices  when  dam- 
aged to  be  replaced  with  fire- 
proof ones. 

124.  Look-outs  for  metal  cornices. 
Sanitary  and  Hygienic  Regulations. 

Teneme7it.  Lodging  and  Apart- 
7nent  Houses. 

125.  Ventilation  of  rooms  in  such 

houses  ; transoms  ; ventila- 
tor in  roof. 

126.  Repairs  and  drainage  of  roofs. 

127.  Privies;  privy  wells;  wells  to 

be  watertight. 


596 


BUII.DINGS— ORDINANCES. 


[art.  3. 


128.  Requirements  for  apartments 

for  dwelling  or  sleeping ; 
cellars  uot  to  be  let  for  such 
use. 

129.  Overcrowding  prohibited. 

Sinks  and  Cesspools. 

130.  Sinks  of  public  schools. 

131.  Specifications  for  wells  used 

as  privies  or  cesspools. 

Wooden  Buildings  Below  Street 
Level. 

132.  To  be  raised  above  level  and 

underpinned  with  stone; 
penalty  for  neglect  to  raise. 

Sidewalks. 

133.  Fall  or  pitch  of. 

Awnings. 

134.  Permit  required  ; fee  for  per- 

mit. 

Stables. 

135.  Erection  of  livery,  etc.,  sta- 

bles ; consent  of  Mayor  and 
City  Council  necessary. 

136.  Publication  of  application  for 

permit. 

137.  Continuing  penalty  for  un- 

authorized stables. 

Steam,  Gas  and  Gasoline  Engines 
and  Machinery. 

138.  Inspector  of  Buildings  to  grant 

permits  for  installation  of. 

139.  Requirements  for  application 

for  permit. 

140.  When  affidavit  required  with 

application ; form  of  affida- 
vit. 

141 . Application  to  be  published ; 

protests  may  be  filed. 


142.  Penalty  for  installation  of 

power  without  permit ; per- 
mit revocable;  effect  of  re- 
vocation. 

143.  Penalty  for  failure  to  make 

affidavit  when  required. 

144.  Penalty  for  false  affidavit. 

145.  Permit  required  for  changes 

in  power  already  installed. 

146.  Gasoline  storage  tanks. 

147.  Publication  not  required  for 

application  for  permit  for 
low  pressure  boilers. 

148.  Penalty  for  installing  such 

boiler  without  permit,  or 
changing  same. 

149.  Fine  for  increasing  pressure 

on  low  pressure  boilers. 

Unsafe  and  Condemned  Buildings. 

150.  Duty  of  Inspector  of  Buildings 

to  notify  owner  ; penalty  for 
disregard  of  notice  ; appeal. 

151.  Duty  of  Inspector  when  notice 

disregarded  ; Property  to  be 
made  safe  at  expense  of 
owner ; such  expense  to  be 
lien  on  property ; if  not  paid 
within  year  to  be  foreclosed. 

152.  Inspector  of  Buildings  to  have 

approval  of  Mayor  in  making 
premises  safe. 

153.  Immediate  action  in  emer- 

gency. 

Vaults  and  Areas. 

154.  Permit  required  for  construc- 

tion of. 

155.  Application  for  permit ; walls 

of  vaults. 

156.  What  to  be  deemed  a vault  or 

area. 


ART  3.] 


BUILDINGS — ORDINANCES. 


597 


157.  Entrances  to  cellars  and  base- 

ments, how  to  be  covered  or 
enclosed  ; penalty  for  failure 
to  protect  same. 

158.  Precautions  against  accident 

during  construction  of  vaults 
or  areas. 

159.  Requirements  for  alterations 

and  repair  of  cellar  doors. 

160.  Coverings  of  vaults  and  aper- 

tures in  footways. 

Walls  of  Buildings. 

Footings  of  Walls. 

161.  Specifications  for  base  courses. 

Foundation  and  Divisioii  Walls. 

162.  Requirements  for  outside  or 

division  walls. 

163.  Foundation  walls  and  piers. 

164.  Rock  to  be  benched  when 

foundations  on  rock  bottom; 
excavations  on  street-side  of 
lots  to  be  guarded. 

165.  Underpinning  where  excava- 

tion is  less  than  ten  feet 
deep ; when  neglected  by 
owner,  to  be  done  by  Inspec- 
tor of  Buildings  at  expense 
of  owner. 

Party  Walls. 

166.  Underpinning  where  excava- 

tion is  more  than  ten  feet 
deep ; liability  for  expense 
of  underpinning. 

167.  Repair  or  removal  of  party 

walls  ; expense  to  be  borne 
by  parties  building. 

168.  Use  of  party  walls  ; liability 

of  builders  of  new  walls. 

169.  When  builders  of  new  walls 

exempt. 


Thickness  a?id  Construction  of 
Walls. 

170.  Specifications  for  foundation 

walls,  isolated  piers,  etc.; 
walls  and  footings;  “walls 
for  dwelling  houses”  defin- 
ed ; specifications  for  same  ; 
thickness  required  for  differ- 
ent heights  of  wall. 

Construction  and  thickiiess  of 
Dwelling  Walls. 

171.  Walls  in  non-fireproof  dwell- 

ing houses ; non-bearing 
walls. 

172.  Brick  partition  walls. 

173.  Height  of  single-thickness 

walls ; use  of  iron  or  steel 
girders  not  prohibited  here- 
by. 

174.  Relation  of  bearing  walls  to 

span. 

175.  Specifications  for  centre  w'alls 

between  dwellings. 

Walls  of  Warehouses. 

176.  “Walls  of  Warehouses,”  de- 

fined ; thickness  of  wall  for 
different  heights. 

177.  Additional  thickness  of  bear- 

ing walls  for  increase  in 
clear  span. 

Miscellaneous  Walls. 

178.  Walls  of  public  buildings. 

179.  Partition  walls  in  warehouses 

and  factories. 

Buildings  without  Partitio7i  Walls 

180.  Substitutes  for  partition  walls; 

area  of  buildings  in  which 
partition  walls  not  required. 

181.  Exceptions  in  case  of  building 

of  not  over  three  stories. 


598 


BUIIvDINGS — ORDINANCES . 


[art.  3. 


Cross  Walls. 

182.  Side  Walls  increased  where 

no  cross  walls. 

183.  Reduction  of  interior  walls. 

One  and  Two  Story  Structures. 

184.  Specifications  for  one-story 

walls. 

185.  Same,  for  two-story  walls; 

proviso  as  tc  minimum  thick- 
ness. 

186.  Fire-walls  of  one  and  two-story 

buildings. 

187.  Brick  walls  in  between  iron  or 

steel  columns;  curtain  walls. 

188.  Party  walls  heretofore  built; 

provisions  herein  not  retro- 
active. 

Erection  of  Walls. 

189.  Safety  provisions  during  erec- 

tion of  walls ; exception ; 
walls  to  be  bonded  together  ; 
anchoring. 

190.  Specifications  for  openings  for 

doors  and  windows. 

Strength  of  Watts. 

191.  Masonr}^  and  brick- work  speci- 

fications ; hollow  walls. 

192.  Recesses  in  walls  for  eleva- 
tors, etc.  j 


Concrete  Watts. 

193.  Thickness  of,  to  depend  on 

materials  used  ; Inspector  of 
Buildings  to  determine  thick- 
ness ; not  to  be  built  in 
freezing  weather ; consent  of 
adjoining  owners  to  use  of 
concrete  as  party  walls. 

194.  Stone  ashlers. 

Brick  Work. 

195.  Specifications  for  brick  work. 

196.  Bonding  face  bricks. 

Headers. 

197.  Where  headers  required  ; di- 

mensions of  headers ; bond- 
ing facing  of  walls. 

Joists. 

198.  Anchoring  of  joists,  and  walls 

at  each  tier  of  joists. 

199.  Brick  arches  between  joists. 

200.  vSpecifications  for  framing 

joists;  trimmers  and  headers 
to  be  double  joists. 

Mortar. 

201.  Specifications  for  mortar  sand 

and  cement. 

202.  State  and  United  States  struct- 

ures excepted  from  provi- 
sions of  this  Article. 

203.  Penalty  for  violation  of  pro- 

visions of  this  Article. 

204.  Recovery  of  penalties  incur- 

red. 


INSPECTOR  OF  BUILDINGS. 

Subordinates. 

Ord.  9,  February  28,  1883.  Ord.  15,  March  9,  1896.  Ord.  53,  April  10, 
1896.  Ord.  26,  December  29,  1899.  Ord.  14,  October  23,  1903. 
Ord.  167,  December  5,  1904.  Ord.  58,  December  30,  1905. 

City  Code,  (1893)  Art.  7,  Sec.  1. 

1.  The  Inspector  of  Buildings  is  empowered  to  appoint, 
ind'SaKl.  so  far  as  the  needs  of  his  office,  in  his  opinion  may  demand 


ART.  3 ] APPEARS — CONTRACTS — ORDINANCES. 


599 


such  appointments,  the  following  assistants,  subordinates, 
clerks  and  employes,  their  compensation  not  to  exceed  in 
the  aggregate  the  sum  of  forty-five  thousand,  four  hundred 
and  forty  dollars  ($45,440)  per  annum,  one  Assistant  In- 
spector, nine  District  Inspectors,  one  Inspector  and  one 
Assistant  on  New  City  Improvements  and  Repairs,  one 
Construction  Engineer  and  two  Assistants,  one  Furnace 
Inspector,  one  Steam  Boiler  and  Machinery  Inspector, 
three  Electrical  Inspectors,  two  Elevator  Inspectors,  one 
Chief  Clerk,  one  Assistant  Clerk,  one  Stenographer,  five 
Permit  and  Notice  Clerks,  one  Draftsman,  two  Gasoline 
Inspectors  and  one  Extra  Clerk. 


Appeals. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7.  Sec.  84. 

2.  Should  the  owner  or  trustee  of  any  building  object  ^?Ssplctor“f 
to  any  order  or  decision  of  said  Inspector  of  Buildings  on  a 
matter  left  by  this  Article  to  his  approval  or  control,  they 

may  appeal,  as  herein  set  forth,  upon  a deposit  of  thirty 
dollars  with  the  Inspector  of  Buildings,  to  cover  a fee  of 
an  examining  commission.  Interested  parties  shall  appeal 
within  twenty-four  hours  in  writing  to  the  Inspector  of 
Buildings,  who  shall  appoint  a commission  to  determine  the 
point  or  points  at  issue,  which  commission  shall  consist  of 
two  disinterested  competent  builders;  one  shall  be  appointed 
by  the  Inspector  of  Buildings  and  one  by  the  party  inter- 
ested ; these  two  shall  appoint  an  umpire ; they  shall  be 
paid  for  their  services  a sum  not  exceeding  ten  dollars 
each  ; the  decision  thereon  in  writing  by  these  referees,  or 
a majority  of  them,  shall  be  final  and  conclusive.  This 
shall  in  no  way  lessen  the  responsibility  of  parties  appeal- 
ing for  any  accident  that  may  happen  during  the  interval. 

Contracts. 

Ord.  33,  April  4,  1882.  City  Code,  (1893)  Art.  7,  Sec.  99. 

3.  In  the  specifications  of  all  contracts  for  the  erection, 
alteration  or  repair  of  any  public  building,  there  shall  be 


600 


BUILDINGS — ORDINANCES. 


ART.  3.] 


Inspector  of 
Buildings  to 
supervise 
and  approve 
work  of 
contractors. 


Restricting 
erection  of 
certain 
buildings  in 
city  limits. 


Boundaries 

defined. 


Where  frame 
structures 
permitted. 


inserted  a stipulation  that  the  work  to  be  done  thereunder, 
shall  be  subject  to  the  supervision  and  approval  of  the 
Inspector  of  Buildings. 

Limits  Within  Which  This  Article  Operates. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  2. 

Ord.  63,  March  21,  1904. 

4.  All  that  portion  of  the  State  of  Maryland  within  the 
corporate  limits  of  the  City  of  Baltimore  shall  constitute  the 
limits  under  this  Article  in  which  no  wall,  structure,  build- 
ing, part  or  parts  thereof  shall  be  built,  altered,  changed 
or  repaired  except  in  conformity  to  this  Article.  It  shall 
be  unlawful  to  erect,  build,  alter,  repair  or  change  any 
structure  (except  in  conformity  to  the  laws  regulating 
brick  buildings)  upon  any  lot  in  the  City  of  Baltimore 
within  the  following  boundaries:  Beginning  from  the 

intersection  of  the  eastern  and  southern  city  limits  on  the 
east,  thence  north  to  the  intersection  of  the  eastern  limits 
and  to  intersect  a line  drawn  easterly  with  and  continuing 
the  line  of  the  north  side  of  Twenty-sixth  Street,  thence 
westerly  reversing  said  line  and  bounding  on  the  north 
side  of  said  Twenty-sixth  Street  and  continuing  said  line 
until  it  intersects  the  easternmost  side  of  the  Reistertown 
Turnpike  Road,  thence  southwesterly  by  a direct  line  to 
the  intersection  of  the  southern  limits  of  the  city  and  the 
easternmost  side  of  Gwynn’s  Falls,  thence  along  the 
southern  boundaries  to  the  place  of  beginning.  In  the 
territory  within  the  city  limits  outside  of  the  above  named 
boundaries  frame  structures  will  be  allowed;  provided, 
each  and  every  building  shall  have  at  least  ten  feet  of  its 
own  lot  on  each  side  of  said  house  or  structure,  thus  mak- 
ing twenty  feet  between  houses;  and  provided  further, 
that  the  proper  requirements  for  strength  and  safety  are 
met. 


Permits  for  Building. 

City  Code,  (1893)  Art.  7,  Sec.  2A.  Ord.  63,  March  21,  1904. 

5.  It  shall  be  unlawful  to  erect,  build,  alter,  repair  or 
change  any  structure  upon  any  lot  within  the  limits  of  the 


ART.  3.]  PERMITS  FOR  BUILDING — ORDINANCES. 


601 


City  of  Baltimore,  as  they  now  exist,  without  first  making 
application  and  obtaining  a permit  from  the  Inspector  of 
Buildings.  Applications  for  permits  shall  be  made  on  the  ^^n“pector  of 
blanks  in  the  office  of  the  Inspector  of  Buildings,  and  signed  buildings, 
by  the  owner  or  by  a proper  officer  or  member  of  a cor- 
poration, company  or  firm,  and  shall  state  clearly  and  fully 
the  work  contemplated  to  be  done.  In  all  cases  drawings 
on  tracing  linen,  mounted  blue  or  black  prints,  or  other 
approved  fabric,  and  specifications  sufficient  to  enable  the 
Inspector  of  Buildings  to  obtain  full  and  complete  informa- 
tion as  to  the  extent  and  character  of  the  work  to  be  done, 
shall  be  presented  with  such  application.  If  the  matter 
mentioned  in  any  application  for  a permit,  or  in  the  plans 
or  specifications  accompanying  and  illustrating  the  same  done 
indicate  to  the  Inspector  of  Buildings  that  the  work  to  be  ^"ordlnS 
done  is  not  in  all  respects  in  accordance  with  the  provisions 
of  the  building  regulations,  he  shall  refuse  to  issue  a per- 
mit until  such  application  and  plans  and  specifications  shall 
have  been  made  to  conform  to  the  requirements  thereof. 

When  such  application  and  plans  and  specifications  conform 
to  the  regulations,  the  Inspector  of  Buildings  shall  issue  a 
permit,  and  shall  file  such  application,  and  shall  apply  to 
such  plans  and  specifications  an  official  stamp  stating  that 
the  drawings  and]  specifications  to  which  the  same  shall 
have  been  applied  comply  with  the  terms  of  these  regula- 
tions. The  plans  and  specifications  so  stamped  shall  then 
be  returned  to  such  applicant.  In  all  cases  where  permits 
are  issued  by  the  Inspector  of  Buildings  contingent  upon 
the  written  consent  of  the  property  owners  or  residents, 
the  document  containing  such  written  consent  must  be 
made  a permanent  record  of  the  office  of  the  Inspector  of 
Buildings;  provided,  that  in  the  case  of  new  structures  proviso, 
permits  shall,  after  application  to  the  Inspector  of  Build- 
ings, be  issued  by  the  Appeal  Tax  Court,  as  heretofore; 
and  provided,  that  wherever  in  this  article  it  is  provided 
that  permits  may  or  shall  be  issued  by  the  Inspector  of 
Buildings,  such  language  shall  be  construed  to  mean  that 
in  the  case  of  new  structures  such  permits  shall,  after 
application  to  the  Inspector  of  Buildings,  be  issued  by  the 
Appeal  Tax  Court,  as  heretofore. 


602 


BUII.DINGS — ORDINANCES . 


[art.  3. 


Plans  and  Specifications. 

City  Code,  (1893)  Art.  7,  Sec.  2B.  Ord.  63,  March  21,  1904. 

Plans  and  0.  Truc  copics  of  SO  much  of  said  plans  and  specfications 

specifications  i t i 

to  be  filed,  as  may  be  required  in  the  opinion  of  the  Inspector  of 
Buildings  shall  be  furnished  and  shall  remain  on  file  in  his 
office  until  the  completion  or  occupation  of  said  building ; 
after  which  such  drawings  and  specifications  may  be 
returned  by  the  Inspector  of  Buildings  to  the  parties  by 
whom  they  have  been  deposited  with  him,  upon  the  demand 
of  said  person  or  persons,  except  that  plans  and  specifi- 
cations of  theatres,  churches,  halls,  hotels,  apartment 
houses,  tenements,  factories,  shops,  schools,  colleges,  hos- 
pitals, asylums,  and  all  other  buildings  to  be  occupied  by 
more  than  twenty-five  people  at  one  time,  shall  remain  on 
pians^Snent  file  as  a permanent  record  in  the  office  of  the  Inspector  of 
records.  Buildings.  It  shall  not  be  obligatory  upon  the  Inspector 
of  Buildings  to  retain  the  drawings  not  mentioned  above  in 
his  custody  for  more  than  three  months  after  the  comple- 
tion or  occupation  of  any  building. 

City  Code,  (1893)  Art.  7,  Sec.  2C.  Ord.  63,  March  21,  1904. 
Unlawful  to  7.  It  shall  be  unlawful  to  erase,  alter  or  modify  any 

alter  plans  i ^ t i • 

and^specifi-  Imos  figuros  or  coloring  contained  upon  such  drawings  or 
specifications  so  stamped  by  the  Inspector  of  Buildings  or 
filed  with  him  for  reference.  If,  during  the  progress  of  the 
execution  of  such  work,  it  is  desired  to  deviate  in  any  man- 
ner affecting  the  construction  or  other  essentials  of  the 
building  from  the  terms  of  application,  drawings  or  specifi- 
cations, notice  of  such  intention  to  alter  or  deviate  shall  be 
given  in  writing  to  the  Inspector  of  Buildings,  and  his 
written  assent  must  be  obtained  before  such  alterations  or 
deviations  may  be  made. 

Gutters  and  Spouting. 

City  Code,  (1879)  Art.  7,  Sec.  32.  City  Code,  (1893)  Art.  7,  Sec.  101. 

Spouting  and  8.  The  Inspector  of  Buildings  is  hereby  authorized  and 
gutters.  directed  to  compel  all  persons  owning  property,  or  agents 
of  the  same,  to  put  up  proper  spouting  and  gutters  to  all 


AET.  3.]  ALTERATIONS  AND  REPAIRS — ORDINANCES. 


603 


buildings  claimed  by  them  within  the  city  limits,  and  to 
keep  the  same  in  proper  repair,  so  as  not  to  allow  the  water 
to  leak  from  or  flow  over  the  gutters  to  the  pavement 
below  ; and  for  any  violation  of  the  provisions  of  this 
section,  after  ten  days’  notice  from  the  Inspector  of  Build- 
ings, the  person  or  persons  so  offending  shall  forfeit  and 
pay  a penalty  of  ten  dollars. 


Inspection  of  Market  Houses. 

Ord.  60,  May  30,  1879.  City  Code,  (1893)  Art.  7,  Sec.  105. 

9.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to  ^oFinspStoV. 
annually  inspect  all  the  market  houses  and  other  buildings 
belonging  to  the  City  of  Baltimore,  and  report  to  the  City 
Council  at  its  first  meeting  in  the  month  of  February  of 
each  year,  what  repairs  are  required  on  each  of  said  market 
houses  and  other  buildings,  with  a detailed  estimate  of  the 
cost  of  the  same. 


Repairs  to  City  Buildings. 

City  Code,  (1879)  Art.  7,  Sec.  23.  City  Code,  (1893)  Art.  7,  Sec.  96. 

10.  The  repairs  of  all  buildings  belonging  to  the  city  inspector  of 

ini  ijiT  • 1 Trt  Buildings  to 

shall  be  under  the  direction  and  control  of  the  Inspector  of 
Buildings ; and  should  any  building  require  repairing,  it  BuPd/ng?^^ 
shall  be  his  duty,  with  the  approval  of  the  Mayor,  to  have 
the  same  done  in  such  manner  as  he  may  deem  best  for  the 
interest  of  the  city,  wherever  an  appropriation  has  been 
made  therefor. 


ALTERATIONS  AND  REPAIRS. 

Ord.  146,  Oct.  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  27. 

Ord.  63,  March  21,  1904. 

11.  No  alteration  or  repair  of  any  structure  or  part  Alterations  or 
thereof  outside  of  the  building  line  shall  be  made  unless  an 
application  has  been  made  and  approved  by  the  Board  of 
Estimates  and  permit  obtained  from  the  Inspector  of 
Buildings,  and  no  alterations  or  repairs  can  be  made  in  or 


604 


BUILDINGS — ORDINANCES . 


ART.  3.] 


Existing- 

structures. 


Applications 
and  permits. 


upon  any  building  or  structure  of  any  kind  without  first 
applying  for  and  obtaining  a permit  from  the  Inspector  of 
Buildings  and  complying  with  the  provisions  of  this  Article. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  75. 

Ord.  63,  March  21,  1904. 

12.  No  building,  structure  or  wall  already  erected,  or 
hereafter  to  be  erected,  shall  be  enlarged,  raised,  altered 
or  built  in  such  manner  that,  were  such  building,  structure 
or  wall  wholly  erected  after  the  passage  of  this  Article,  it 
would  be  in  violation  of  any  of  the  provisions  thereof. 


BALCONIES,  PIAZZAS,  PORCHES,  BAY  AND  ORIEL 
WINDOWS  AND  BATH  ROOMS. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  66. 

Ord.  64,  June  9,  1902. 

13.  No  rear  balcony,  piazza,  porch  or  platform  composed 
wholly  or  partly  of  wood,  shall  hereafter  be  built  or  con- 
structed, unless  application  shall  have  been  made  and  a per- 
mit issued  for  the  same  previous  to  commencing  said  erec- 
tion, for  which  a sum  equal  to  five  cents  per  square  foot  of 
surface  measurement  for  each  and  every  story  shall  be  paid 
before  such  a permit  is  issued.  No  structure  named  in  this 
section  shall  extend  out  more  than  ten  feet  from  the  house  to 
which  it  is  attached  ; the  width  of  said  structure  shall  be 
as  follows : if  extending  from  the  first  floor  above  the 
surface,  it  may  extend  from  side  to  side  of  the  lot,  provided 
it  is  open  in  front ; should  it  be  desired  to  extend  any 
balcony,  piazza,  porch  or  platform  from  any  story  other 
than  the  first  one  above  the  surface  of  the  ground,  a brick 
wall  must  be  built  from  the  ground  up  above  the  roof  of 
said  structure  at  least  eight  inches  thick  at  each  end ; if 
said  balcony,  piazza,  etc. , extends  to  party  lines  of  the  lot, 
the  brick  wall  may  be  omitted,  provided  the  structure,  if 
closed  and  built  entirely  of  wood,  is  built  so  as  not  to  be 
within  five  feet  of  any  wood  construction  on  adjoining 
premises,  or  three  feet,  if  the  ends  are  lined  with  metal, 
but  in  no  case  can  said  structure  be  nearer  than  eighteen 


ART.  3.]  BALCONIES  AND  BATH  ROOMS — ORDINANCES. 


605 


inches  to  party  line  without  a brick  wall  at  the  ends.  This 
section  is  not  intended  to  include  or  interfere  with  any 
section  of  this  Article  governing  frame  sheds. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  67. 

Ord.  64,  June  9,  1902. 

14.  It  shall  be  unlawful  for  any  person,  persons  or 
corporation  to  erect  any  dwelling  house  or  alter  any  build- 
ing to  be  used  as  a dwelling  house  having  four  or  more 
rooms,  exclusive  of  bathroom,  unless  said  house  shall  have 
therein  a bathroom  and  bath  tub,  with  all  necessary  supply 
pipes,  waste  and  sanitary  equipments  ; and  should  there  be 
not  room  enough  in  a brick,  iron  or  stone  building  for  such  Bathrooms,  in 
bathroom,  then  a permit  may  be  granted  by  the  Inspector 
of  Buildings,  upon  application  being  made  therefor,  fora 
frame  projecting  room  not  to  extend  over  eight  feet  from 
house,  provided  said  frame  bathroom,  if  wholly  of  wood,  is 
distant  from  any  other  frame  structure  five  feet,  or  three 
feet  distant  if  covered  on  ends  with  metal,  but  in  no  case 
shall  said  structure  be  placed  nearer  than  eighteen  inches  to 
any  party  line  of  property.  The  permit  must  be  obtained  in 
all  cases  of  frame  bath  rooms  before  commencing  the  work, 
for  which  the  sum  of  five  cents  per  square  foot  (superficial 
measurement)  shall  be  charged.  The  brick  wail  from 
which  the  frame  bathroom  extends  must  continue  up  above 
the  top  of  such  frame  structure  and  have  no  communica- 
tion with  the  main  house,  except  the  door-way  leading 
thereto. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  67A. 

Ord.  64,  June  9,  1902. 

15.  It  shall  be  unlawful  to  erect  or  alter  any  bay  or 
oriel  window,  composed  wholly  or  partly  of  wood,  without 
first  making  application  to  and  obtaining  a permit  for  same 
from  the  Inspector  of  Buildings,  for  which  the  sum  of  five 
cents  per  square  foot  (superficial  measurement)  for  each 
story  in  height  shall  be  paid  before  issuance  of  the  permit.  Alterations, 
provided  that  no  such  wooden  window  shall  be  within  five 
feet  of  any  other  frame  structure,  if  built  entirely  of  wood. 


606 


BUII.DINGS — ORDINANCES . 


[art.  3. 


Penalty. 


Permits  for 
bow- 
windows. 


Penalty. 


Approval  of 
Board  of 
Estimates 
and  certifi- 
cate of  Comp' 
troller. 


or  three  feet  from  any  other  frame  structure,  if  covered  with 
metal.  But  in  no  case  shall  said  structure  be  placed  nearer 
than  eighteen  inches  to  any  party  line  of  property. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  67B. 
Ord.  64,  June  9,  1902. 

16.  Any  person  or  persons  or  corporation  violating  the 
provisions  of  sections  13,  14  and  15  of  this  article,  shall 
pay  a fine  as  provided  in  Section  203  of  this  Article. 


Ord.  101,  October  20,  1883.  City  Code.  (1893)  Art.  7,  Sec.  113. 

17.  The  Inspector  of  Buildings,  is  directed  to  issue  a 
permit  to  any  person  or  persons  applying  therefor,  to  erect 
bow- windows  for  the  display  of  wares  and  merchandise, 
or  other  purposes  of  trade,  after  the  same  shall  have  been 
applied  for  to,  and  approved  by,  the  Board  of  Estimates, 
and  a certificate  of  all  charges  paid  to  the  Comptroller 
shall  have  been  produced. 


City  Code,  (1879)  Art.  7,  Sec.  55.  City  Code,  (1893)  Art.  7,  Sec.  114. 

18.  If  any  person  or  persons  shall  erect,  or  cause  to  be 
erected,  any  bow-window  provided  for  in  the  next  preced- 
ing section,  without  a permit  therefor,  as  therein  autho- 
rized, or  having  a permit  shall  erect,  or  cause  to  be  erected, 
such  window  of  larger  dimensions  than  those  authorized  by 
the  permit,  he,  she  or  they  shall  be  subject  to  a fine  of  ten 
dollars  ($10)  per  day  for  each  day  such  window  shall 
remain  in  violation  of  the  provisions  of  the  next  preceding 
section. 


Ord.  90,  May  26,  1887.  City  Code,  (1893)  Art.  7,  Sec.  115. 

19.  No  permits  shall  be  granted  by  the  Inspector  of 
Buildings  for  the  construction  of  a bay-window  beyond  the 
building  line,  unless,  nor  until,  application  therefor  shall 
have  been  made  to  the  Board  of  Estimates  and  such  appli- 
cation approved  by  said  board;  and  no  such  permit  shall  be 


ART.  3.]  CHIMNEYS  AND  FLUES — ORDINANCES. 


607 


issued  by  the  Inspector  of  Buildings  except  upon  presenta- 
tion of  a certificate  from  the  Comptroller  that  all  charges 
made  by  the  Board  of  Estimates  have  been  paid.- 

CELLARS,  ETC. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art,  7,  Sec.  87. 

20.  The  word  cellar  in  this  article  shall  be  taken  to^^^^^^ 
mean  a ground  floor,  room  or  basement  in  a dwelling  definition  of. 
house,  the  floor  of  which  is  below  the  level  of  the  pavement. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec  88. 

21.  All  cellars  shall  extend  underneath  the  whole  house  cenars^venti- 
and  be  ventilated  from  both  ends,  and  in  low,  damp  or 
made  ground  the  bottom  of  all  cellars  shall  be  covered  with 
concrete  or  asphalt  to  the  depth  of  at  least  four  inches 
thick,  and  where  floored  there  shall  be  at  least  six  inches 
of  air  space  underneath  the  floor. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  89. 

22.  Where  dwelling  houses  are  built  upon  low,  damp 
or  made  ground,  the  ground  shall  be  covered  with  concrete 
or  asphalt  four  inches  thick,  and  there  shall  be  at  least  ground. 
six  inches  of  air  space  between  the  surface  of  the  concrete 
or  asphalt  and  the  joists  of  the  floor,  and  there  shall  be 
ventilation  at  both  ends. 


CHIMNEYS,  FLUES  AND  HEATING  APPARATUS. 

City  Code,  (1879)  Art.  9,  Secs.  1 and  8.  Ord.  95,  June  17,  1886. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  44. 

23.  All  chimneys  and  flues  in  stone  or  brick  walls  in  chimneys, 
any  building  hereafter  erected,  altered  or  repaired,  with-  fire-L^ckl 
out  reference  to  the  purpose  for  which  they  may  be  used, 
shall  have  the  joints  struck  smooth  on  the  inside,  and  be 
smoothly  plastered  with  mortar  outside,  below  the  roof, 
at  all  concealed  points,  but  no  purging  mortar  shall  be 
used  on  the  said  inside  of  any  flue  thirteen  inches  and  over. 


608 


BUILDINGS — ORDINANCES . 


[art.  3. 


and  the  fire-backs  of  all  fire-places  hereafter  erected  shall 
not  be  less  than  eight  inches  in  thickness,  and  all  flues  in 
any  building  shall  be  topped  out  at  least  four  feet  above 
the  roof,  or  to  such  height  as  may  be  required  by  the 
Inspector  of  Buildings,  and  no  flue  shall  contain  less  than 
sixty-four  square  inches  of  space. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  45. 

Flues  to  be  24.  All  flues  shall  be  properly  cleaned  and  the  flues  left 

cleaned  and  , . . , , . 

left  smooth,  smooth  upou  the  inside  upon  completion. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  46. 

Fluesforcon-  25.  No  metal  flue,  pipe  or  register  box,  of  a single 

veyingfheat-  , . ^ ’ 

edair.  thickness  ot  metal,  used  or  intended  to  be  used  to  convey 
heated  air  in  any  building  hereafter  to  be  built,  altered  or 
repaired,  shall  be  allowed,  unless  the  same  shall  be  built 
in  a brick  or  stone  wall,  or  in  other  cases  the  said  flue,  pipe 
or  register  box  shall  be  made  double,  that  is,  two  pipes, 
one  inside  the  other,  at  least  one  inch  apart. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  47. 

woodworkues  26.  No  woodcn  furring  or  lath  shall  be  placed  against 
any  flues  or  metal  pipes  used  to  convey  heated  air 
in  any  building,  and  no  air  flue  shall  be  used  at  any  time 
as  a smoke  flue,  no  base,  flooring,  roofing  or  any  other 
woodwork  shall  be  placed  against  any  brick  or  other  flue 
used  to  convey  heated  air,  until  the  same  shall  be  well 
plastered  behind  such  woodwork  with  some  incombustible 
or  non-conducting  material. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  48. 

chimney  breast  shall  be  started  or  built  upon 
any  wood  floor  or  joists  ; all  chimney  or  smoke  flues  shall 
have  a wall  at  least  nine  inches  thick  at  back,  and  when 
corbelled  out  shall  be  supported  by  at  least  five  courses  of 
brick  ; and  if  supported  by  piers,  the  same  shall  start  from 
the  foundation  on  the  same  face  with  the  breast  above, 


ART.  3.]  CHIMNEYS  AND  FLUES— ORDINANCES. 


609 


and  shall  not  be  less  than  one  and  a-half  bricks  wide  on 
face ; and  all  chimneys  shall  be  bonded  to  the  walls  at 
every  course  from  the  bottom  to  the  top. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  49. 

28.  All  hearths  shall  be  supported  by  arches  of  brick,  Hearths  and 
iron  or  concrete,  and  no  chimney  in  buildings  already 
erected  or  hereafter  to  be  built,  shall  be  cut  off  below  in 
whole  or  in  part  and  supported  by  wood,  but  shall  be 
wholly  supported  by  stone,  brick  or  iron,  and  all  chimneys 
in  any  building  already  erected  or  hereafter  to  be  erected, 
which  shall  be  dangerous  in  any  manner  whatever,  shall 
be  repaired  and  made  safe  or  taken  down. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  50. 

29.  No  smoke-pipe  in  any  building  with  combustible  smoke  flues, 
floors  and  ceilings,  shall  hereafter  enter  any  flue  nearer 
than  twelve  inches  from  the  floor  or  ceiling;  and  in  all  cases 
when  smoke  pipes  pass  through  the  stud  or  wooden  parti- 
tions, floor  or  roof,  whether  plastered  or  not,  they  shall  be 
guarded  by  either  a double  collar  of  metal  with  at  least 
two  inches  air  space  all  around,  and  holes  for  circulation 
of  air,  or  by  a soapstone  ring  or  solid  casting  of  plaster  of 
Paris  not  less  than  three  inches  in  thickness,  and  extending 
through  the  partition,  or  by  an  earthenware  ring  one 
inch  from  the  pipe  at  every  point. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  51. 

Ord.  113,  May  3,  1893. 

30.  In  all  cases  where  hot  water,  steam,  hot  air  or  other  Furnace  smoke 
furnaces  are  used,  the  furnace  smoke-pipe  must  be  kept  at 
least  eight  inches  below  the  bottom  of  the  joists  above  the 
same,  the  said  joists  to  be  protected  by  an  asbestos  mill- 
board,  and  bright  charcoal  tin  lining  attached  to  said  joists, 
with  two  inches  space  for  the  free  circulation  of  air 
between  the  said  joists  and  lining,  and  six  inches  of  space 
for  the  free  circulation  of  air  between  the  lining  and  top 
of  smoke-pipe,  the  smoke-pipe  to  be  protected  by  said 


610 


B CJIBDINGS — ORDINANCES . 


ART.  3.] 


School  build- 
ings to  be 
fire-proof. 


Top  of  fur- 
naces. 


Hot-air  regis- 
ters. 


lining,  not  less  than  twenty  inches  wide,  and  at  all  points 
where  the  smoke-pipe  is  less  than  two  feet  from  the  bottom 
of  said  joists;  and  upon  the  top  of  all  furnaces  set  in  brick, 
iron  bars  must  be  placed,  with  a covering  of  No.  24  best 
bloom  galvanized  iron,  riveted  together  the  size  (length 
and  width)  of  the  outer  edge  of  the  four  walls  of  the  said 
furnace;  the  bars  under  or  above  the  covering  to  be  placed 
near  enough  together  so  that  the  weight  of  the  two  courses 
of  bricks  covering  the  top  of  furnace  shall  rest  on  them. 


Ord.  123,  May  2,  1901. 

31.  All  buildings  hereafter  constructed  for  use  as  public 
school  buildings  shall  be  erected  under  the  supervision  of 
the  Inspector  of  Buildings,  of  such  fire-proof  materials 
over  and  about  all  furnace  or  heating  apparatus  where  such 
heating  apparatus  is  within  two  feet  of  the  ceiling  line,  as  are 
now  used  in  the  construction  of  modern  buildings  supposed 
to  be  absolutely  fire-proof,  and  also  all  heating  and  smoke- 
pipes  shall  be  encased  entirely  in  fire-proof  materials. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  52. 

Ord.  113,  May  3,  1893. 

32.  The  top  of  all  furnaces  must  be  kept  at  least  four- 
teen inches  below  the  bottom  of  the  joists  ; the  said  joists 
to  be  protected  by  an  asbestos  mill-board,  and  bright 
charcoal  tin  lining  attached  to  said  joists,  with  two  inches  of 
space  for  the  free  circulation  of  air  between  the  joists  and 
lining,  the  lining  to  extend  one  foot  beyond  the  sides,  and 
back  eighteen  inches  beyond  the  front  of  top  of  the 
furnace. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  53. 

33.  All  hot  air  registers  set  in  the  floor  of  any  building 
shall  be  set  in  a border  of  soapstone,  or  other  fire  proof 
material,  and  all  floor  or  register  boxes  to  be  made  of  sheet 
metal,  with  flange  on  top  to  fit  the  groove  in  the  border, 
the  register  to  rest  upon  the  same,  and  there  shall  also  be 


ART.  3.]  INSPECTIONS  OF  FURNACES — ORDINANCES. 


611 


an  open  space  of  two  inches  on  all  sides  of  the  register  box, 
extending  from  the  under  side  of  the  ceiling  to  the  border 
in  the  floor,  the  outside  of  said  space  to  be  covered  with  a 
casing  of  metal  made  tight  on  all  sides,  and  to  extend  from 
the  under  side  of  the  aforesaid  ceiling  up  to  and  turn  under 
the  said  border. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7.  Sec.  54. 

34.  All  gas,  water  or  other  pipes  introduced  into  any  Gas,  water  and 
building  shall  not  be  let  into  the  joists  unless  the  same  be 
placed  within  twenty-four  inches  of  the  ends  of  said  joists, 
and  in  no  building  shall  the  pipes  be  let  into  the  joists  more 
than  two  inches  in  depth. 


City  Code,  (1879)  Art.  9,  Secs.  2 and  9.  Ord.  146,  October  23,  1891. 

City  Code,  (1893)  Art.  7,  Sec.  55. 

35.  In  no  building  shall  any  wooden  girders,  joists  or  wooden  joists 
timbers  be  placed  nearer  than  two  inches  of  the  outside  of 
any  smoke,  air  or  other  flue,  and  all  joists  or  other  timbers 
in  the  division  walls  of  any  building  hereafter  erected, 
whether  built  of  stone,  brick  or  iron,  shall  be  separated 
from  the  joists  or  timbers  entering  into  the  opposite  side 
of  the  wall  by  at  least  four  inches  of  solid  masonry  work. 


City  Code,  (1879)  Art.  9,  Sec.  14.  City  Code,  (1893)  Art.  9,  Sec.  5. 

Ord.  49,  April  11,  1900. 

36.  No  person  shall  erect  a stove  and  conduct  the  pipe  Restrictions 
thereof  through  the  side  or  end  of  any  wooden  house,  or 

the  roof  or  wooden  ceiling  of  any  building,  except  with 
permission  of  and  under  such  safe-guards  as  may  be  pre- 
scribed by  the  Inspector  of  Buildings,  under  a penalty  not  pe„aity 
exceeding  ten  dollars,  and  shall  forfeit  and  pay  a like  sum 
for  each  and  every  month  thereafter  until  such  pipe  shall 
be  removed. 

Inspections  of  Hot  Air  Furnaces  and  Heating  Apparatus. 

Ord.  56,  April  14,  1896,  Sec.  1. 

37.  Whenever  the  Inspector  of  Buildings  shall  have 
cause  to  suspect  that  any  hot  air  furnace  or  other  heating 


612 


BUILDINGS — ORDINANCES . 


[art.  3. 


To  inspect  hot- 
air furnaces 
or  other 
heating 
apparatus. 


Relating  to 
hot-air  fur- 
naces and 
heating 
apparatus. 


Penalty. 


Penalty  for  re- 
fusal to  per- 
mit inspec- 
tion. 


apparatus  in  any  dwelling  or  other  building  shall  be  so 
defective  in  any  of  its  parts,  or  shall  be  out  of  repair  to 
such  an  extent  as  to  be  liable  to  set  fire  to  the  building  in 
which  it  is  located,  the  said  Inspector  of  Buildings  shall 
have  the  right  to  demand  entry  into  such  dwelling  or  other 
building,  and  shall  inspect  such  hot-air  furnace  or  other 
heating  apparatus,  and  all  heat,  smoke  and  other  pipes  and 
appurtenances  in  connection  therewith,  and  if  in  his 
judgment  there  be  any  defect  in  such  furnace  or  other 
heating  apparatus,  or  any  parts  thereof  that  may  endanger 
the  safety  of  such  dwelling  or  other  building,  then  he  shall 
direct  that  the  requisite  repairs  shall  be  made,  or  he  may 
condemn  the  said  furnace  or  heating  apparatus  and  order  its 
removal  from  the  premises. 


Ord.  56,  April  14,  1896.  Ord.  158,  October  31,  1896,  Sec.  3. 

38.  No  hot-air  furnace  or  other  heating  apparatus  shall 
be  placed  in  a dwelling  or  other  building  until  a permit 
so  to  do  shall  have  been  obtained  from  the  Inspector  of 
Buildings  for  each  dwelling  or  other  building  to  be  heated, 
and  a failure  to  obtain  such  permit  shall  subject  the  party 
erecting  the  heating  apparatus  to  a fine  of  fifty  dollars  ($50) 
and  such  permit  shall  be  returned  to  the  Inspector  of 
Buildings  by  the  party  erecting  such  furnace  or  heating 
apparatus  at  the  time  the  final  inspection  of  the  work  is 
done. 


Ord.  56,  April  14,  1896. 

39.  If  the  builder,  owner  or  owners,  or  occupier  of  any 
dwelling  or  other  building  shall  refuse  or  delay  to  open  the 
same,  and  permit  a free  examination  and  inspection,  as 
contemplated  by  section  37  of  this  article,  he,  she  or  they 
shall  forfeit  and  pay  for  every  such  refusal  the  sum  of  twenty 
dollars  ($20). 


Ord.  56,  April  14,  1896,  Sec.  5. 

40.  If  the  owner  or  owners,  or  their  agents,  of  any 
dwelling  or  other  building  shall  refuse  or  delay  to  properly 


ART.  3.]  INSPECTIONS  OF  FURNACES — ORDINANCES. 


613 


repair  or  remove  such  furnace  or  heating  apparatus  or 
other  appurtenances,  when  so  directed  by  the  Inspector  of 
Buildings,  then  he,  she  or  they  shall  forfeit  and  pay  as  a 
fine  the  sum  of  fifty  dollars  ($50) . 


Ord.  56,  April  14,  1896,  Sec.  6. 

41.  If  the  party  obtaining  the  permit  for  the  erection 
of  any  furnace  or  heating  apparatus  shall  fail  or  refuse  to 
return  the  said  permit  at  the  time  specified  in  section  38 
of  this  article,  then  the  said  party  shall  pay  a fine  of 
dollars  (S5)  for  each  and  every  day  thereafter  until  the  fusauore- 

P T-»  *1  T turn  permit. 

said  permit  is  returned  to  the  Inspector  ot  Buildings. 


Ord.  56,  April  14,  1896,  Sec.  7. 

42.  It  shall  be  unlawful  for  any  owner,  agent  or  renter  uni^aw^uno^^^ 
to  use  any  ash-box  in  buildings  except  it  be  of  iron  or  gal- 
vanized  iron,  and  any  agent,  owner  or  renter  who  shall 

use  any  other  ash-box  in  buildings,  except  as  provided  for 
by  this  section,  shall  be  liable  to  a fine  of  five  dollars  ($5).  Penalty. 

City  Code,  (1879)  Art.  9,  Sec.  12.  City  Code,  (1883)  Art.  9,  Sec.  3. 

43.  No  person  shall  erect  or  continue  to  use  any  smoke-  Annoying  and 
stack,  chimney  flue  or  stove-pipe  within  the  city  in  such  chfmnS'f 
manner  as  that  the  smoke  or  cinders  therefrom  shall  annoy 

any  neighbor,  or  endanger  the  surrounding  property  by 
fire  ; and  upon  complaint  in  writing  signed  by  a majority  Abatement  of 
of  the  owners  and  occupiers  of  adjoining  property  affected 
by  such  use  of  said  smoke-stack,  chimney  flue,  or  stove- 
pipe, made  to  the  Inspector  of  Buildings,  the  Inspector  of 
Buildings  may,  in  his  discretion,  or  he  may  on  his  own 
motion,  order  such  smoke-stack,  chimney  flue  or  stove-pipe 
to  be  altered  or  improved,  as  he  may  deem  best  for  the 
protection  of  the  surrounding  property  ; and  if  any  person, 
or  corporation,  shall  refuse  or  neglect  to  alter  or  improve 
such  smoke-stack,  chimney  flue  or  stove-pipe  within  ten 
days  after  receiving  notice  in  writing  from  the  Inspector 
of  Buildings,  he  shall  forfeit  and  pay  a fine  of  twenty 
dollars,  and  ten  dollars  for  each  and  every  day  thereafter 
until  such  order  shall  be  obeyed. 


614 


BUILDINGS — ORDINANCES . 


[art.  3. 


ELECTRICAL  INSTALLATION  AND  WIRING. 

Ord.  40,  March  17,  1902,  Sec.  1. 

44.  It  shall  be  unlawful  for  any  person  or  persons,  firm 
or  corporation,  to  use  electrical  current  in  or  on  any  build- 

use  of  eiectri-  ing  Or  Other  structure,  or  upon  any  street  lane  or  alley,  or 
when  unlaw-  other  highway  in  the  City  of  Baltimore  other  than  the 
central  stations  of  street  railway,  electric  light  and  tele- 
phone and  telegraph  companies  in  violation  of  the  provisions 
of  this  sub-division  of  this  article. 

Ord.  40,  March  17,  1902,  Sec.  2. 

45.  Hereafter,  before  any  work  is  commenced  upon 
any  installation  or  apparatus  which  contemplates  the 
introduction  or  use  of  electrical  current,  the  person,  firm 
or  corporation  proposing  to  do  the  work  or  have  the  same 
done  shall  make  application  to  the  Inspector  of  Buildings 

^per“mits.  ^ permit,  such  application  to  describe  fully  the  work 

contemplated  and  the  highway  to  be  used,  the  voltage  and 
amount  of  current  to  be  introduced  into  the  building  and 
description  of  the  work  proposed  to  be  done  giving  the 
locality  of  building  and  description  of  the  work  proposed 
to  be  done,  giving  locality  of  building  or  premises  by  street, 
number,  etc.,  and  such  application  shall  be  signed  by  the 
applicant,  or  his  or  her  or  its  authorized  representative. 
A permit  shall  be  then  issued  by  the  said  Inspector  of  Build- 
ings, if  the  work  is  such  as  in  the  judgment  of  said  Inspector 
of  Buildings  will  not  be  dangerous  to  life  or  property  ; such 
permit  shall  be  required  for  all  classes  of  work,  for  the 
introduction  of  electrical  current  and  for  all  work  and 
wiring  which  is  designed  to  be  covered  with  wood,  plaster 
and  other  building  material,  or  hidden  from  full  view,  and 

Work  in  work  shall  be  done  of  the  kind  for  which  permits  are 

emergency,  required  by  this  section  other  than  that  set  out  in  the 
application  and  for  which  the  permit  was  obtained.  All 
work  not  to  be  covered  or  hidden  from  view  as  aforesaid 
as  well  as  repairs  on  such  covered  work,  made  in  cases  of 
great  emergency,  shall  be  reported  to  the  said  Inspector 
of  Buildings  within  twenty-four  hours  from  the  commence- 
ment of  the  same ; and  if  upon  inspection  by  the  Inspector 


ART.  3.]  ELECTRICAL  INSTALLATION— ORDINANCES. 


615 


of  Buildings  such  work  for  which  no  permit  was  required 
shall  be  deemed  by  him  to  be  unsafe,  he  shall  so  notify  the 
owner  or  person  using  the  same,  or  in  charge  thereof,  and 
the  use  thereof  shall  cease  at  once. 


Ord.  40,  March  17,  1902,  Sec.  3. 

46.  The  Inspector  of  Buildings  at  the  proper  time  after 

the  issue  of  the  permit  provided  for  in  the  next  preceding 
section,  shall,  through  the  inspectors  provided  for  in 
section  1 of  this  Article,  make  a careful  inspection  of  all  inspection, 
wires,  coverings,  insulations,  cut-outs  and  protective  devices  Sf 

and  of  all  apparatus  and  material  of  any  character  used  in  ''' 

such  installation  on  said  highways  or  within  such  building  thereto. 

or  premises,  and  in  so  doing  shall  have  the  power  to  remove 
any  obstruction  or  obstructions  such  as  laths,  plaster,  par- 
titions, flooring  or  such  like  as  would  otherwise  interfere 
with  the  proper  inspection  of  such  installation. 

Ord.  40,  March  17,  1902,  Sec.  4. 

47.  The  Inspector  of  Buildings  is  hereby  authorized  and 
directed  and  it  shall  be  his  duty  to  inspect  or  cause  to  be  inspection  91 
inspected  thoroughly  and  properly  all  electrical  wires  and  and  appara- 
apparatus  now  on  any  of  the  highways  or  now  in  or  on  any 
buildings  in  the  City  of  Baltimore,  and  if  any  such  wires 

or  apparatus  are  discovered  to  be  in  such  condition  either 
as  to  material  or  manner  in  which  constructed,  or  installed, 
as  to  be  dangerous  to  life,  or  property,  the  Inspector  of 
Buildings  shall  notify  the  ov/ner  of  such  wires  or  occupant  to  cause  dan- 
of  such  building  who  uses  such  dangerous  equipment  to  ing-  to  be 
have  the  defects  remedied  within  a reasonable  time,  such 
time  not  to  exceed  ten  (10)  days  from  date  of  notice  and  it 
shall  be  the  duty  of  such  owner  or  occupant  to  comply  with 
such  notice.  The  Inspector  of  Buildings  is  further  author- 
ized if  in  his  judgment  it  shall  be  necessary  for  the  pro- 
tection of  life  or  property,  to  give  notice  to  the  person,  firm  Notice, 
or  corporation  supplying  the  electrical  current  to  such 
dangerous  equipment,  to  discontinue  the  supply  of  current 
until  defects  in  the  equipment  are  remedied  to  the  satis- 
faction of  the  Inspector  of  Buildings,  and  the  same  shall  be 


616 


BUILDINGS — ORDINANCES . 


[art.  3. 


discontinued  at  once,  and  the  Inspector  of  Buildings  is 
hereby  empowered  to  cut  such  wires  if  in  his  judgment  the 
same  shall  be  absolutely  necessary  for  the  protection  of 
life  and  property. 


Ord.  40,  March  17,  1902,  Sec.  5. 

48.  After  the  Inspector  of  Buildings  shall  have  made 
an  inspection  of  the  electrical  wiring  and  apparatus  now  in 
use  upon  any  building  or  other  structure  in  the  City  of 
Baltimore,  including  the  apparatus  and  means  of  introduc- 
tion of  the  electrical  current  into  such  buildings  or  other 
structure,  as  contemplated  in  Section  47  of  this  Article  and 
shall  find  the  work  safe,  the  said  inspector  of  Buildings 
Certificates  shall  deliver  to  the  person  or  persons,  firm  or  corporation 
using  such  current  a certificate  showing  that  such  inspec- 
tion has  been  made  ; such  certificate  shall  contain  a general 
Installation  to  description  of  the  installation  and  such  other  statements  as 

be  described.  ^ i i i • 

may  be  necessary  to  identify  the  work  inspected ; after  any 
new  work  hereafter  done  shall  have  been  completed,  a 
similar  inspection  shall  be  made  by  the  Inspector  of  Build- 
ings and  a similar  certificate  given.  No  current  shall  be 
turned  in  on  such  new  installation  for  which  permits  are 
required,  until  such  certificate  has  been  given. 


Ord.  40,  March  17,  1902,  Sec.  6. 

49.  It  shall  be  the  duty  of  the  owner  or  owners  of  any 
dead  or  unused  wire  or  wires,  now  or  hereafter  upon  any 
highway  or  building  or  other  structure  in  the  City  of  Balti- 
Removai  of  moro,  to  romovo  the  same  immediately,  and  whenever  the 
wires.  Inspector  of  Buildings  shall  discover  any  dead  or  unused 
wire  or  wires  on  any  highway  or  building  or  other  structure 
in  the  City  of  Baltimore  he  shall  immediately  order  the 
owner  of  the  same  to  remove  such  wire  or  wires,  and  the 
same  shall  be  removed  by  such  owner  or  owners  within  the 
time  prescribed  in  such  notice,  which  shall  not  exceed  ten 
(10)  days,  and  the  Inspector  of  Buildings  shall  have  the  pow- 
er to  remove  any  such  wires,  if  he  shall  see  proper  to  do  so, 
which  removal  by  the  Inspector  of  Buildings  shall  be  at  the 


ART.  3.]  ELECTRICAL  INSTALLATION — ORDINANCES. 


617 


expense  of  the  owner  or  owners  thereof,  if  such  owner  or 
owners  can  be  found.  And  if  the  Inspector  of  Buildings 
shall  discover  any  wire  or  wires,  whether  dead  or  unused 
wires,  or  wires  in  use  so  constructed  as  to  be  in  his  judg- 
ment dangerous  by  reason  of  proximity  of  construction  to 
other  wires  or  to  any  other  conductor  of  electrical  currents 
he  shall  notify  the  owner  or  owners  so  to  place  such  wire  or 
wires  as  to  remove  such  danger ; and  it  shall  be  the  duty 
of  the  owner  or  owners  of  such  wire  or  wires  to  comply  with 
such  notice. 


Ord.  40,  March  17,  1902,  Sec.  7. 

50.  Any  person,  firm  or  corporation  who  or  which  shall 
violate  any  of  the  provisions  of  this  sub-division  of  this 
article  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  a sum  not  exceeding 
twenty  dollars  ($20)  for  each  offense,  and  a fine  not  exceed- 
ing twenty  dollars  ($20)  for  each  day  such  offense  shall 
continue,  if  the  same  be  a continuing  offense. 


Ord.  40,  March  17,  1902,  Sec.  8. 

51.  The  owner  or  controller  of  any  wires  or  highways, 
or  any  owmer  or  occupant  of  any  building  or  buildings  or 
premises  where  electric  wiring  is  used  or  to  be  used,  or 
any  other  person  who  shall  refuse  to  allow  access  to  such 
premises,  or  who  shall  prevent,  interfere  or  obstruct  in 
any  manner  any  inspector  in  the  discharge  of  his  duties 
under  this  sub-division  of  this  article,  shall  upon  convic- 
tion, forfeit  and  pay  a fine  for  each  offense  of  not  less  than 
five  dollars  ($5)  or  more  than  one  hundred  dollars  ($100) 
in  the  discretion  of  the  Court. 

Ord.  40,  March  17,  1902,  Sec.  9. 

52.  No  man  who  has  not  had  at  least  six  consecutive 
years  actual  experience,  and  who  is  not  in  the  active  pur- 
suit of  his  profession  or  trade  as  an  electrician  or  electrical 
worker  at  the  time  of  making  his  application,  shall  be 
qualified  for  appointment  as  an  electrical  inspector  under 
the  provisions  of  section  1 of  this  article. 


violation  of 
provisions  of 
this  sub-di- 
vision  to  be 
misdemean- 
or. 


Penalty. 


Interference 
with  inspec- 
tion. 


Qualifications 
of  electrical 
inspectors. 


618 


BUILDINGS — ORDINANCES . 


[art.  3. 


No  release  of 
liability  for 
damages  du 
to  defective 
equipment, 
etc. 


Plants  which 
Inspector  of 
Buildings 
may  exempt 
from  opera- 
tion of  these 
provisions. 


Certificate  of 
exemption. 


Certificate  may 
be  revoked. 


Permit  for  ele- 
vators. 


Inspector  of 
Buildings  to 
inspect. 


Issue  of 
certificates. 


Ord.  40,  March  17,  1902,  Sec.  10. 

53.  The  provisions  of  this  sub-division  of  this  article 
shall  not  be  construed  to  relieve  from  or  lessen  the  liability 
or  responsibility  of  any  person,  firm  or  corporation  opera- 
ting, controlling  or  installing  any  electrical  installation  or 
equipment  from  damages  to  anyone  injured  by  any  defect 
therein,  nor  shall  the  city  of  Baltimore  be  held  as  assuming 
any  such  liability  by  reason  of  the  inspection  authorized 
therein,  or  by  any  certificate  issued  hereunder. 


Ord.  40,  March  17,  1902,  Sec.  11. 

54.  The  Inspector  of  Buildings  shall  have  the  authority 
to  exempt  from  the  operation  of  the  provisions  of  this 
sub-division  of  this  article  any  building  or  group  of  build- 
ings in  which  is  operated  and  isolated  plant  for  the  genera- 
tion of  the  electricity  used  therein,  and  which  has  in  its 
regular  employ  a competent  electrician;  such  exemption 
shall  be  for  a stated  period  to  be  named  in  a certificate  to 
be  issued  by  the  Inspector  of  Buildings,  not  exceeding  six 
months,  and  may  after  examination  by  said  Inspector  of 
Buildings,  be  renewed  from  time  to  time,  and  such  certifi- 
cate of  exemption  may  be  revoked  at  any  time  by  the 
Inspector  of  Buildings. 

ELEVATORS. 

Permit  and  Certificate. 

City  Code,  (1893)  Art.  7,  Sec.  43.  Ord.  74,  May  10,  1904,  Sec.  43. 

Ord.  185,  January  6,  1905,  Sec.  43. 

55.  It  shall  be  unlawful  to  commence  the  installation 
of  any  elevator  or  hoist  in  or  about  any  building  without 
first  obtaining  a permit  for  the  construction  of  same  from, 
the  Inspector  of  Buildings,  which  permit  is  to  be  returned 
to  the  Inspector  as  notice  of  completion.  During  the 
construction,  the  elevator  or  hoist  to  be  subject  to  inspec- 
tion on  the  part  of  the  Inspector  of  Buildings,  or  his 
authorized  agents  at  any  time;  and  when  completed  in 
accordance  with  all  requirements  the  Inspector  of  Build- 
ings will  issue  a certificate,  which  the  owner  or  lessee  must 


ART.  3.] 


INSPECTION— ORDINANCES. 


619 


place  in  a conspicuous  place  in  or  about  the  elevator  or 
hoist,  and  no  elevator  shall  be  used  by  any  owner  or  lessee 
for  regular  service  until  such  certificate  has  been  furnished. 


Register  of  Elevators. 

Ord.  74,  May  10,  1904,  Sec.  43A.  Ord.  185,  January  6,  1905,  Sec.  43A. 

56.  All  owners  or  lessees  of  any  building  or  premises  reported, 
in  which  an  elevator  or  hoist  is  already  constructed  shall, 
within  thirty  days  after  the  approval  of  this  ordinance, 
report  the  same,  giving  the  location  and  whether  the 
owner  or  lessee  is  responsible  for  said  elevator  or  hoist. 

A register  of  all  elevators  shall  be  kept  in  the  office  of  the 
Inspector  of  Buildings  in  a book  specially  prepared  for  that 
purpose.  The  Inspector  of  Buildings  shall  have,  as  soon 
as  convenient,  all  such  elevators  or  hoists  inspected,  and 
if  found  secure  and  safe,  issue  a certificate,  as  in  the  case 
of  new  elevators.  If  any  elevator  or  hoist  already  erected  issue  certis- 
shall,  upon  inspection,  be  found  defective  or  out  of  repair 
in  any  of  its  parts,  notice  thereof  shall  be  given  and  the 
owner  or  lessee  shall  immediately  have  such  elevator  or  i^efective  eie- 

!•  •/*  1 • n vators. 

hoist  put  m safe  and  secure  condition  before  a certificate 
is  issued  therefor. 


Inspection. 

Ord.  74,  May  10,  1904,  Sec.  43B.  Ord.  185,  January  6,  1905,  Sec.  43B. 

57.  All  elevators  or  hoists,  and  mechanism  in  connec-^ 

. . , Supervision  of 

tion  therewith,  shall  be  under  the  supervision  of  the 
Inspector  of  Buildings,  who  shall  appoint  practical  elevator 
men  to  make  all  the  required  inspections  of  elevator  work. 

It  shall  be  the  duty  of  said  inspector  to  make  periodical 
examinations  at  least  once  in  three  months  of  every 
elevator  as  directed  by  the  Inspector  of  Buildings  and 
make  • immediate  report  after  such  examination  to  said  to 

. ...  make 

inspector;  said  report  must  fully  state  the  condition  of  reports, 
machines,  running  gear,  ropes,  sheaves,  safety  and  con- 
trolling appliances.  If  any  elevator  or  hoist  shall  be  found 
unfit  for  service  or  out  of  repair,  said  inspector  shall  order 


620 


BUILDINGS — ORDINANCES . 


[art.  3. 


To  order 
repairs. 


Repairs  to  be 
made 
promptly 
with  penalty 
of  fine. 


Classification. 


Regulations  of 
first  class. 


Regulations  of 
second  class. 


said  repairs  to  be  made  at  once,  and  if  not  promptly 
commenced,  shall  order  stoppage  of  such  elevator  or  hoist 
and  revoke  permit  for  such  elevator  or  hoist  until  complete 
repairs  be  made.  Should  the  elevator  or  hoist  be  so  much 
out  of  repair  as  to  endanger  life,  said  inspector  shall  order 
that  it  must  cease  running  until  it  shall  have  been  com- 
pletely repaired  and  so  certified  by  said  inspector,  and 
any  failure  to  comply  with  such  order  shall  subject  the 
proprietor  of  said  premises  to  a fine  of  from  two  hundred 
and  fifty  dollars  ($250)  to  five  hundred  dollars  ($500) . 


Classification. 

Ord.  74,  May  10,  1904,  Sec.  43C.  Ord.  185,  January  6,  1905,  Sec.  43C. 

58.  This  sub-division  of  this  Article  is  to  refer  to  and 
cover  the  following  styles  of  elevators ; 1st.  Passenger 
elevators;  2d.  Freight  elevators;  3d.  Combination  freight- 
passenger  elevators;  4th.  Automatic  elevators. 


Carrying  Capacity,  Etc. 

Ord.  74,  May  10,  1904,  Sec.  43D.  Ord.  185,  January  6,  1905,  Sec.  43D. 

59.  The  elevators  under  the  first  class  are  to  be  used  ex- 
clusively for  passengers,  and  the  carrying  capacity  of  same 
shall  be  limited  to  one  person  to  each  and  every  400  square 
inches  of  floor  space  of  car,  allowing  150  pounds  to  every 
person  carried  ; ' a package  weighing  not  over  100  pounds 
may  be  carried  on  this  class  of  elevator  at  any  one  trip,  but 
when  so  carried  the  number  of  passengers  allowed  must  be 
reduced  by  one.  Those  under  second  class  must  be  used 
exclusively  for  freight,  and  no  one,  except  operators  and 
those  engaged  in  handling  the  freight,  shall  be  allowed  to 
ride  thereon,  and  in  no  case  can  any  one  other  than 
operators  use  an  elevator,  unless  the  platform  of  waiter  be 
enclosed  on  all  except  loading  sides  at  least  six  feet  high  ; 
all  the  machinery  and  structure  to  be  strong  enough  to 
sustain  four  times  the  greatest  weight  imposed  upon  it ; 
and  before  any  freight  elevator  can  be  used,  the  safe  weight 
or  one-quarter  of  its  ultimate  strength  must  be  posted. 


ART.  3.] 


CLEARANCE,  ETC. — ORDINANCES. 


621 


and  at  all  times  kept  in  a conspicuous  place  on  each  and 
every  story  reached  by  said  elevator,  and  said  elevator 
must  never  be  loaded  beyond  the  weight  as  posted.  Any 
elevator  or  hoist  entered  as  a combination  elevator,  must  ^cSmwtion 
never  be  used  for  passengers  and  freight  on  the  same  trip, 
unless  a space  of  20  inches  by  20  inches  (400  square  inches) 
be  allowed  for  each  passenger  using  it ; and  said  elevator 
must  be  of  equal  strength  as  provided  for  a freight  elevator, 
and  the  car  enclosed  and  have  a canopy  like  those  required 
for  passenger  elevators ; a car  with  a freight  compartment 
below  will  not  be  allowed.  The  automatic  elevators  shall  Regulation  of 
only  be  permitted  for  dumb  waiters  and  such  passenger 
purposes  in  residence  or  other  buildings  where  same  are 
intended  for  private  use  only. 


Clearance,  Etc. 

Ord.  74,  May  10,  1904,  Sec.  43E.  Ord.  185,  January  6,  1905,  Sec.  43E. 

60.  For  all  elevators  having  a speed  exceeding  60  feet  Clearances  re- 
per  minute  a clear  space  of  not  less  than  three  feet  must  differeir 
be  provided  in  the  bottom  of  the  shaft  below  the  lowest 
landing.  If  a depth  of  three  feet  cannot  be  obtained  below 
the  level  of  floor,  such  depth  may  be  secured  by  raising 
the  level  of  the  landing  and  the  use  of  an  incline.  At  the 
bottom  of  all  elevator  shafts  there  shall  be  placed  substan- 
tial buffer  springs  ; and  between  the  top. of  cross-head  of 
the  car  and  the  underside  of  the  overhead  grating,  when 
the  car  is  at  its  top  landing,  there  shall  be  a space  of  not 
less  than  three  feet,  and  for  elevators  of  greater  speed 
than  three  hundred  and  fifty  feet  per  minute  the  clearance 
shall  not  be  less  than  five  feet.  This  does  not  apply  to 
hand-power  elevators.  For  all  elevators  running  at  a speed 
not  exceeding  60  feet  per  minute  no  pit  and  buffer  springs 
will  be  required.  All  counterweights  shall  have  their  sec-  counter- 
tions  strongly  bolted  together,  and  no  open-end  weights 
may  be  used.  There  shall  be  not  less  than  three  feet 
clearance  between  the  top  of  counterweight  and  the  under- 
side of  overhead  beam  when  the  car  is  resting  on  the 
bumpers. 


622 


BUILDINGS — ORDINANCES. 


[art.  3. 


Enclosures  and  Cars. 

Ord.  74,  May  10,  1904,  Sec.  43F.  Ord.  185,  January  6,  1905, Sec.  43F,  par.  1 . 

Enclosures  61.  All  elevatoT  shafts  must  be  enclosed  on  each  and 

and  cars.  c n mi 

every  story  irom  floor  to  ceiling.  The  enclosure  of  elevator 
shafts  shall  be  divided  into  two  classes,  either  of  which 
will  be  allowed:  First,  enclosures  built  of  non-fireproof 
material;  second,  enclosures  of  fire-resisting  material 
throughout.  All  enclosures  of  the  first  class  may  be  either 
solid  partitions  or  may  be  ornamental  metal  work,  or  may 
be  of  wire  work  of  not  over  inch  mesh,  constructed  of 
not  less  than  3-16  inch  wire  in  iron  frames.  Every  en- 
closure of  the  first  class  in  buildings  with  wood  joists  or 
fioor  supports  must  be  provided  at  each  floor  opening  with 
trap-doors,  of  a thickness  not  less  than  1%  inches,  hinged 
opening,  with  trap-doors  of  a thickness  not  less  than  1% 
inches,  hinged  at  floor  and  held  open  against  the  sides  or 
back  of  elevator  enclosure  by  a fusible  link,  which,  in  the 
event  of  fire  shall  open  and  allow  doors  to  fall,  closing  the 
hatchway  openings  in  the  floor,  and  automatic  trap-doors 
may  be  used  on  elevators  not  exceeding  a speed  of  60  feet 
per  minute.  The  entire  under  side  of  traps  and  flaps  are 
to  be  lined  v/ith  tin,  properly  lock- jointed;  the  tin  to  extend 
over  all  edges  and  nailed  on  upper  sides  of  traps  and  flaps. 


Ord.  74,  May  10,  1904,  Sec.  43F.  Ord.  185,  January  6,  1905,  Sec.  43F,  par.  1 

Specifications  62.  All  onclosuros  of  the  second  class  shall  be  con- 
fer mciosures  1 a • • -IT  11 

of^se^cond  structcd  of  fire-resistmg  materials  and  must  extend  at  least 
three  feet  (3'  0")  above  the  roof  and  be  covered  by  a metal 
frame  skylight.  Where  elevators  are  arranged  in  batteries 
of  two  or  more  the  enclosures  of  either  first  or  second  class 
may  extend  around  entire  battery  without  division  between 
individual  elevators.  The  doors  of  enclosures  to  passenger 
Doors.  elevators  to  be  not  wider  than  the  door  opening  of  car,  and 
the  door  to  be  made  to  slide;  tracks  and  sheaves  to  be 
securely  adjusted  in  such  manner  as  to  prevent  door  from 
jumping  off  the  tracks.  The  door  fastenings  of  all  passen- 
ger elevators  must  be  operated  from  inside  of  enclosures, 
and  no  outside  latch  or  fastening  of  any  kind  will  be 


ART.  3.]  SAFETY  APPEIANCES,  ETC. — ORDINANCES. 


623 


allowed,  except  the  lock  used  by  custodian  of  the 
elevator,  and  none  of  such  locks  must  be  fastened  during 
hours  the  building  is  open  for  business,  at  which  time  the 
latches  only  are  be  used  for  holding  the  doors  closed.  The 
freight  elevator  doors  may  be  made  to  open  on  hinges  or 
slide  up  and  down  with  weights,  or  have  openings  pro- 
tected with  semi-automatic  gates.  The  car  of  passenger 
elevators  to  be  framed  up  and  enclosed  on  all  sides  except 
opposite  openings  or  landings,  as  approved  by  the  Inspector 
of  Buildings.  The  top  of  car  to  be  covered  with  a grille 
canopy  of  wrought  iron  or  other  metal.  The  upper  panels 
of  passenger  cars  may  be  glass  or  ornamental  metal  work, 
provided  these  panels  are  three  and  one-half  feet  above  the 
floor  of  car;  all  the  other  parts  of  enclosure  must  be  solid. 
All  window  openings  to  elevator  shafts  must  be  protected 
by  guards  as  directed  by  Inspector  of  Buildings. 


Stairway  Around  Elevator. 

Ord.  74,  May  10,  1904,  Sec.  43G.  Ord.  185,  January  6,  1905,  Sec.  43G. 

63.  In  every  building  where  a stairway  shall  hereafter  stairways, 
be  built  around  an  elevator  shaft,  the  elevator  shafts  and 
stairs  must  be  separated  by  a partition  of  fire-resisting 
material  to  extend  three  feet  above  the  roof,  and  the  shafts 

must  be  covered  by  a skylight  with  metallic  frame. 

Overhead  Grating. 

Ord.  74,  May  10,  1904,  Sec.  43H.  Ord.  185,  January  6,  1905,  Sec.  43H. 

64.  In  all  elevators,  except  hand-power  and  dumb-  Overhead 
waiters,  a metal  grille  or  grating  is  to  be  placed  immediately 
below  the  overhead  sheaves  and  appliances  at  top  of  shaft 

to  prevent  anything  from  falling  in  case  of  an  accident  or 
breakage. 


Safety  Appliances,  Etc. 

Ord.  74,  May  10,  1904,  Sec.  431.  Ord.  185,  January  6,  1905,  Sec.  431. 

65.  All  elevators  or  hoists  except  plunger  elevators  and 
sidewalk  lifts  and  vehicle  elevators,  are  to  be  provided  ^appuances. 


624 


BUILDINGS — ORDINANCES . 


[art.  3. 


with  approved  safety  devices  attached  to  the  bottom  of  the 
platforms  and  so  arranged  that  said  safety  device  will  grip 
the  guide  from  the  sides  to  prevent  spreading  the  latter  in 
case  any  cable  should  break  or  become  detached.  All 
elevators  hereafter  erected  or  repaired,  except  dumb- 
waiters and  hand  lifts,  or  elevators  used  exclusively  as 
freight  elevators,  shall  also  be  provided  with  speed  governor 
to  operate  the  safeties  in  case  the  cars  exceed  their  fixed 
speed.  Every  sidewalk  elevator  must  have  substantial 
guards  that  will  prevent  crushing  a person  between  the 
platform  and  sidewalk  doors.  This  does  not  apply  to 
hand-power  elevators. 


Machinery. 

Ord.  74,  May  10,  1904,  Sec.  43J.  Ord.  185,  January  6,  1905,  Sec.  43J. 

Machinery.  66.  All  parts  of  the  appliances  in  or  about  the  elevator 
hatchways  shall  be  strongly  constructed  and  suitable  to 
sustain  with  safety  a load  four  times  the  maximum  lifting 
capacity.  All  hydraulic  machines  are  to  be  provided  with 
automatic  stops  and  slack  cable  stop  and  brakes.  All 
connections  in  every  case  are  to  be  securely  made,  and 
counterbalance  weights  are  to  be  secured  in  suitable  frames 
to  prevent  any  section  of  same  from  becoming  detached  or 
falling.  All  sheaves  and  drums  must  be  made  of  large 
diameter  and  properly  grooved  for  the  diameter  of  cables 
used. 


Repairs  to  Elevators. 

Ord.  74,  May  10,  1904,  Sec.  43K.  Ord..  185,  January  6,  1905,  Sec,  43K. 

Permit  for  67.  No  change  or  alteration  in  any  elevator  or 
repairs-  machinery,  or  repairs  amounting  to  one  hundred  dollars 
($100)  or  more  may  be  made  without  first  obtaining  a 
permit  for  the  same.  In  case  of  emergency,  repairs  may  be 
made,  but  the  elevator  contractor  or  owner  must  notify 
the  Inspector  of  Buildings  within  forty-eight  (48)  hours 
after  said  work  is  commenced. 


ART.  3.]  MISCELLANEOUS  ELEVATORS — ORDINANCES. 


625 


Operation  of  Elevators. 

Ord.  74,  May  10,  1904,  Sec.  43L.  Ord.  185,  January  6,  1905,  Sec.  43L. 

68.  No  elevator  or  hoist  can  be  operated  by  any  person  Age  of  oper- 
under  eighteen  years  of  age.  Wherever  any  violation  of 
this  section  occurs  the  proprietor  or  proprietors  are 
responsible  in  the  penalties  named  hereinafter ; provided, 
however,  that  this  section  shall  not  apply  to  elevators  used 
in  private  residences  or  automatic  elevators  for  private 
use. 


Storage  of  Materials. 

Ord.  74,  May  10.  1904,  Sec.  43M.  Ord.  185,  January  6,  1905,  Sec.  43M. 

69.  No  explosives,  inflammable  or  suffocating  materials 
of  any  kind  shall  be  stored  in  any  elevator  shaft,  and 
such  shafts  must  be  kept  free  and  clear  for  elevator  car 
and  machinery. 


Signs. 

Ord.  74,  May  10,  1904,  Sec.  43N.  Ord.  185,  January  6,  1905,  Sec.  43N. 

70.  All  signs  or  posters  used  as  notices  as  to  safe 
weights  and  capacity  of  elevators  must  be  of  uniform  size 
and  character  as  directed  by  the  Inspector  of  Buildings. 


Drawings  and  Models. 

Ord.  74,  May  10,  1904,  Sec.  430.  Ord.  185,  January  6,  1905,  Sec.  430. 

71.  If  required,  by  the  Inspector  of  Buildings  the  builder 
of  any  elevator  must  submit  drawings  or  models  of  elevators 

or  any  safety  device  before  attaching  or  erecting  same.  submitted. 

Miscellaneous  Elevators. 

Ord.  74,  May  10,  1904,  Sec.  43P.  Ord.  185,  January  6,  1905,  Sec.  43P. 

72.  If  any  person,  or  persons  or  corporation  desire  to 

erect  any  elevator  or  hoist  of  any  kind  not  herein  provided  Miscellaneous 
for,  he,  they  or  it  must  first  obtain  a permit  for  any  and  all 
cars,  waiters,  machinery,  tackle,  etc,  must  be  subjected  to 


626 


BUILDINGS  —ORDINANCES. 


[art.  3. 


Appeal  may 
made. 


Penalties. 


Partition 

fences. 


the  approval  of  the  Inspector  of  Buildings,  and  all  power 
to  operate  same  must  be  under  the  supervision  and 
direction  of  the  Inspector  of  Buildings. 

Appeals. 

Ord.  74.  May  10,  1904,  Sec.  43Q.  Ord.  185,  January  6,  1905,  Sec.  43Q. 

73.  Should  the  owners,  trustee  or  lessee  of  any  premises 
where  there  is  an  elevator  or  hoist  object  to  an  order  or 
decision  of  the  Inspector  of  Buildings  regarding  an 
elevator  or  hoist  in  which  they  are  interested,  they  may 
appeal  from  such  order  or  decision  in  accordance  with 
section  2 of  this  Article. 


Penalties. 

Ord.  74,  May  10,  1904,  Sec.  43R.  Ord.  185,  January  6,  1905,  Sec.  43R. 

74.  Any  one  failing  to  comply  with  or  in  any  way 
violating  any  of  the  provisions  of  this  sub-division  of  this 
Article  shall  be  subject  to  a fine  of  fifty  dollars  ($50),  and 
a further  sum  of  ten  dollars  ($10)  a day  for  each  and  every 
day  such  non-compliance  continues.  This  section  is  not  to 
conflict  with  penalty  provided  for  in  section  57  of  this 
Article. 


FENCES. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  36. 

75.  Where  partition  fences  have  been  or  shall  hereafter 
be  erected,  in  a good  and  substantial  manner,  any  person 
or  persons  who  shall  make  use  of,  or  derive  advantage 
from  such  partition  fence,  shall  pay  the  owner  one-half 
part  of  the  value  of  such  fence  at  the  time  he  or  they  shall 
make  use  thereof  or  derive  advantage  therefrom;  and  pro- 
vided also,  that  the  cost  of  any  fence  shall  not  exceed  sixty 
cents  per  linear  foot. 


Ord.  100,  January  15,  1901,  Sec.  66A. 

76.  No  board  fence,  wall  or  other  structures  shall  be 
erected,  or  any  sign  board  placed  upon  or  attached  to  any 


ART.  3.] 


FIRE  REGULATIONS — ORDINANCES. 


627 


roof  or  building  for  advertising  purposes  of  any  kind  or 
character,  when  said  signboard  is  beyond  six  square  feet, 
without  a permit  to  erect  or  place  the  same,  said  permit 
to  be  issued  by  the  Inspector  of  Buildings. 


Orel.  IOC,  January  15,  1901,  Sec.  66B. 

77.  No  fence  for  advertising  purposes  shall  be  per- height  of  fence 
mitted  to  be  erected  above  a height  of  twenty  feet  adjacent 
to  and  fronting  upon  any  of  the  public  streets  of  the  city. 


Orel.  100,  January  15,  1901,  Sec.  66C. 

78.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  section  76,  shall  be  subject  to  a fine  of  twenty- 
five  dollars  ($25)  for  each  offense  and  five  dollars  ($5)  for  Ki„e  for  vioia- 
every  day  that  said  violation  remains  unabated  after  notice 
by  the  Inspector  of  Buildings  to  remove  the  same;  any 
person  or  persons  violating  any  of  the  provisions  of  section 
77,  shall  be  subject  to  the  same  fines  as  provided  herein 
for  violations  of  section  76. 


FIRE  REGULATIONS. 

Fire  Proof  Shutters. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  40. 

79.  All  stores,  store-houses  or  warehouses,  which  are  Fire-proof 
more  than  two  stories,  or  above  twenty-five  feet  in  height 
above  the  curb  level,  which  may  hereafter  be  built,  shall 
have  doors  or  shutters  made  of  fire-proof  material  on  every 
window  and  entrance,  when  the  same  do  not  open  on  the 
street. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  41. 

80.  When  in  any  such  building  the  doors  or  shutters  outside  or 
cannot  be  put  on  the  outside  of  such  opening,  they  shall  be 
put  upon  the  inside,  and  if  so  placed,  shall  be  hung  inde- 
pendently of  the  woodwork  of  the  window. 


628 


BUII.DINGS  — ORDINANCE'S . 


[art.  3. 


Metal  frames, 
etc. 


Floor  to  be 
constructed 
fire-proof. 


Buildings  in 
which  fire- 
escapes  are 
required. 


Ord.  75,  May  11,  1904,  Sec.  42A. 

81.  Where  metal  frames  and  sashes  glazed  with  wire 
glass  are  used,  the  requirements  as  to  fire  shutters,  as  set 
forth  in  Sections  79  and  80  of  this  article  may  be  omitted. 


Fire  Proof  Materials  Required  in  Certain  Buildings. 

Ord.  146,  Octol)er  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  76. 

Ord.  211,  May  13,  1899. 

82.  In  any  building  hereafter  to  be  erected  more  than 
three  stories  in  height,  occupied  or  built  to  be  occupied  as 
a hotel,  apartment-house,  tenement-house,  lodging-house, 
boarding-house,  office  building,  manufactory  or  work-shop, 
the  floor  above  the  cellar  shall  be  constructed  fireproof,  and 
when  the  lower  part  is  to  be  used  for  business  purposes  of 
any  kind,  the  first  floor,  if  there  be  a cellar  below,  and  a 
ceiling  above  the  store  floor  shall  be  constructed  fireproof, 
and  the  hall  partition  and  partitions  from  front  to  rear, 
from  cellar  to  top  of  second  floor  beams,  and  the  entire 
stairway  shall  be  built  of  fireproof  material. 


Fire  Escapes  and  Alarms. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  78.  Ord.  31, 
April  16,  1895.  Ord.  54,  March  10,  1904,  Sec.  77. 

83.  Any  dwelling  house,  now  erected  or  that  may  be 
hereafter  erected  or  built,  more  than  two  stories  in  height, 
occupied  or  built  to  be  occupied  by  two  or  more  families 
on  any  one  floor  above  the  first  floor,  or  any  building  already 
erected  or  that  may  hereafter  be  erected,  more  than  two 
stories  in  height,  occupied  as  or  built  to  be  occupied  as  a 
hotel,  boarding-house,  lodging-house,  factory,  mill,  office, 
store,  manufactory,  work  shop  or  other  place  of  business, 
in  which  operatives  are  employed  in  any  of  the  stories 
above  the  first  story,  shall  be  provided  with  such  fire- 
escapes,  alarms  and  doors  as  shall  be  directed  and  approved 
of  by  the  said  Inspector  of  Buildings,  and  the  owner  or 
owners  of  any  building  upon  which  any  fire-escapes  may 
now  be  or  may  hereafter  be  erected  shall  keep  the  same  in 


ART  • 3.] 


SPARK  CATCHERS — ORDINANCES. 


629 


good  repair,  and  well  painted,  and  no  person  shall  at  any 
time  place  any  obstruction  whatsoever  upon  fire-escapes 
that  are  now  or  may  hereafter  be  erected. 


Precautions  in  Case  of  Fire. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  79. 

Ord.  54,  March  10,  1904,  vSec.  78. 

84.  In  all  buildings  of  a public  character  already  erected  ^ 

or  that  may  hereafter  be  erected,  such  as  hotels,  churches,  character, 
theatres,  school  houses,  restaurants,  stores  railroad  depots, 
public  halls,  and  other  buildings  used  or  intended  to  be 
used  for  purposes  of  public  business,  amusement  or 
instruction,  the  halls,  doors,  stairways  and  aisles  shall  be 
so  arranged  as  to  facilitate  egress  in  case  of  fire  or  accident^ 
and  to  afford  the  requisite  and  proper  accommodation  for 
the  public  protection  in  such  cases. 


Ord.  31,  April  16,  1895.  City  Code,  (1893)  Art.  7,  Sec.  79A. 

85.  The  Board  of  Fire  Commissioners  of  Baltimore  City, 
or  its  duly  authorized  officers  or  agents  are  directed  and 
empowered  to  inspect  all  buildings  mentioned  and  included 
in  sections  82,  83  and  84  of  this  Article,  to  see  that  the  fire-escape 
provisions  of  said  sections  are  complied  with,  and  that  no 
fire-escape  or  any  other  provisions  for  fire  protection  shall  Approval  of 
hereafter  be  erected  on  or  in  any  such  building  unless  the  m\^sionS-s. 
same  be  approved  by  the  said  Board  of  Fire  Commissioners, 
who  shall  enforce  the  penalty  hereinafter  provided  for  all 
violations  of  any  of  the  provisions  of  said  sections  or  of 
this  section. 


Spark  Catchers. 

City  Code,  (1879)  Art.  9,  Sec.  13.  City  Code,  (1893)  Art.  9,  Sec.  4. 

Ord.  49,  April  11,  1900,  Sec.  1. 

86.  All  chimneys,  smoke-stacks  or  stove-pipes  connect- 
ed with  steam  bakeries,  steam  engines  or  furnaces,  shall 
be  provided,  upon  personal  notice  to  the  owner  or  agent 
from  the  Inspector  of  Buildings,  approved  by  the  Mayor, 


630 


BUII.DINGS — ORDINANCES . 


ART.  3. 


Spark-catches 
to  be 
provided. 


Penalty. 


Permits  for 
sheds. 


Erection  of 
sheds. 


with  spark-catchers,  so  as  to  prevent  the  cinders  from 
annoying  the  citizens  or  endangering  the  property  in  the 
neighborhood,  and  the  Inspector  of  Buildings  shall  see  that 
this  section  is  complied  with;  and,  in  case  of  non-compliance, 
the  party  offending  shall  forfeit  and  pay  a fine  of  twenty 
dollars,  and  ten  dollars  for  each  and  every  day  thereafter, 
until  such  order  shall  be  obeyed. 


FRAME  SHEDS  AND  WOODEN  BUILDINGS. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  68. 

87.  It  shall  not  be  lawful  for  any  person  to  erect  a 
frame  shed  without  obtaining  a permit  from  the  Inspector 
of  Buildings,  which  will  be  granted  under  the  following 
conditions:  first,  the  applicant  shall  pay  for  the  said  permit 
the  sum  of  one  dollar,  if  the  superficial  area  covered  by  the 
proposed  shed  is  not  to  exceed  fifty  square  feet;  the  sum 
of  two  dollars  if  such  area  is  more  than  fifty  and  less  than 
one  hundred  square  feet,  and  an  additional  sum  of  seventy- 
five  cents  for  each  and  every  fifty  or  part  of  fifty  square 
feet  of  superficial  area  the  said  shed  shall  cover  over  and 
above  one  hundred  square  feet;  second,  the  shed  may  be 
open  or  enclosed,  but  in  no  case  shall  it  be  lathed  and 
plastered,  or  lined  with  wood,  so  as  to  constitute  a room 
to  be  occupied  as  an  habitation. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  69. 

88.  Said  shed  shall  not  exceed  twelve  feet  in  height, 
nor  have  any  floor  or  loft  between  the  ground  floor  and 
the  roof  and  must  not  connect  with  a frame  bath-room 
projecting  from  an  upper  story;  and  special  permission  for 
higher  sheds  for  storage  or  manufacturing  purposes  may 
be  granted  by  the  Inspector  of  Buildings,  with  the  sanc- 
tion of  the  Mayor,  upon  payment  of  the  rates  mentioned 
in  section  87,  provided  the  application  shall  be  advertised 
three  times  in  three  different  daily  papers  before  permits 
for  such  sheds  shall  be  issued. 


ART.  3.]  FRAME  AND  WOODEN  BUIEDINGS — ORDINANCES. 


631 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  70. 

89.  Said  sheds  shall  not  be  erected  within  five  feet  of 
any  similar  construction  composed  wholly  or  partly  of  wood , fire, 
unless  the  side  of  said  shed  facing  such  structure  shall  be 
covered  with  fire-proof  material,  and  in  no  case  shall  the 
distance  dividing  said  structures  be  less  than  three  feet. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  71. 

90.  Such  sheds  shall  not  be  used  for  stables  without  the 
consent  of  the  adjoining  property  owners,  and  all  permits 
granted  for  the  erection  of  frame  sheds  may  be  revoked, 
and  the  shed  shall  be  remioved  within  thirty  days  after 
notice  from  the  Mayor. 


Ord.  116,  July  18,  1895. 

91.  All  frame  sheds  now  erected,  or  hereafter  to  be  when  frame 
erected,  may  be  lathed  and  plastered  or  lined  with  wood  on  may  be 
the  inside  ; provided,  however,  that  a permit  for  same  be  plastered, 
first  obtained  from  the  Inspector  of  Buildings,  and  the  work 
shall  be  done  under  his  direction. 


Wooden  and  Frame  Buildings  Damaged  by  Fire. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  74. 

92.  Every  wooden  or  frame  building  with  a brick  or  Rebuilding 
other  front,  which  may  hereafter  be  damaged  by  fire  or  SSudfigs. 
otherwise  to  an  amount  not  greater  than  one-half  the  value 
thereof,  may  be  repaired  and  rebuilt ; but  if  such  damage, 
in  the  opinion  of  the  Inspector  of  Buildings,  shall  exceed 
one-half  of  the  value  of  the  building,  exclusive  of  the 
foundations,  then  such  building  shall  not  be  rebuilt,  but 
shall  be  taken  down ; when  any  owner  or  lessee  of  such 
building  shall  object  to  the  order  or  decision  of  the  Inspector 
of  Buildings  requiring  such  building  to  be  taken  down,  he 
may  appeal  therefrom  as  provided  by  section  2 of  this 
Article  and  the  amount  and  extent’of  such  damage  shall  be 
determined  by  a commission,  as  defined  in  section  2 of  this 


632 


BUILDINGS — ORDINANCES . 


[art.  3. 


Height,  how 
computed. 

Article  ; until  a decision  is  rendered  and  reduced  to  writing 
and  sworn  to,  such  building  shall  in  no  manner  be  repaired 
or  rebuilt,  and  such  decision  shall  be  final  and  conclusive. 

HEIGHT  OF  BUILDINGS,  STORIES  AND  WALLS. 

Height  of  Walls, 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  30. 

93.  The  height  of  all  walls  shall  be  computed  from  the 
kerb  level  in  front  of  the  building  and  if  there  is  a grade, 
the  height  shall  be  computed  from  the  average  level  of 
such  grade. 

Height  of 
buildings 
restricted. 

Limiting  Height  of  Buildings. 

Ord.  59,  March  18,  1904.  Ord.  212,  May  16,  1899.  Ord.  100, 
June  17,  1904,  Sec.  2. 

94.  No  building  or  buildings  shall  be  hereafter  erected 
over  eighty-five  feet  in  height  from  the  established  street 
level,  unless  the  same  are  of  fire-proof  construction. 

Ord.  100,  June  17,  1904. 

95.  Fire-proof  construction  means  that  the  building 
shall  consist  of  non-combustible  structural  materials 

^firtproof°^ , throughout,  with  floors  constructed  of  iron  and  steel  beams, 
construction.  cables  or  sheet  metal  in  approved  combination  with 


Extreme 
height  of 
buildings. 

other  non-combustible  materials,  except  that  wood  may  be 
used  for  sub-  and  surface-floors,  window  and  door  frames, 
sashes,  doors,  standing  finish,  such  as  architraves  or  trim, 
hand-rails  for  stairs,  necessary  sleepers  bedded  in  concrete 
or  other  approved  non-combustible  material,  and  for  isolat- 
ed furring  blocks  bedded  in  the  plaster.  There  shall  be  no 
air  space  behind  or  surrounding  any  wood  work. 

Ord.  59,  March  18,  1904,  Sec.  3. 

96.  No  buildings  of  any  character  shall  be  erected  over 
one  hundred  and  seventy-five  feet  in  height  from  the 
established  street  level. 

ART.  3.]  LIMITING  HEIGHT  OF  BUILDINGS— ORDINANCES. 


633 


Ord.  212,  May  16,  1899.  Ord.  59,  March  18,  1904.  Ord.  lOo,  June  17, 

1904,  Sec.  6. 

97.  The  Inspector  of  Buildings,  will  not  permit  to 

erection  of  any  buildings  higher  than  eighty-five  feet, 
unless  the  material  used  in  such  construction  shall  have 
been  approved  by  him  as  fireproof,  where  fireproof  is 
required  under  the  definition  above  given  of  a fireproof 
building. 


Ord.  59,  March  18,  1904,  Sec.  7. 

98.  The  provisions  of  sections  94  and  97  of  this  Article  ^“height?! 
shall  apply  to  all  buildings  now  existing  where  application  J^iidkils. 
is  made  to  add  to  their  height. 


Ord.  146,  October  23,  1891.  City  Code  (1893)  Art.  7,  Sec.  65. 

99.  Whenever  the  owner  of  any  lot  of  ground  is  desir-  Temporary 
ous  of  improving  the  same  by  the  erection  of  a new  building  mechanics, 
or  buildings  thereon,  the  Inspector  of  Buildings  may,  in 
his  discretion,  permit  the  owner  of  such  lot  to  put  up  a 
wooden  shed  on  the  same  or  neighboring  lot  for  the  use  of 
the  mechanics  employed  on  said  building  while  preparing 
their  work  ; provided,  however,  that  such  permission,  shall 
not  extend  to  a longer  time  than  until  the  building  proposed 
to  be  erected  shall  be  entirely  finished,  at  which  time  the 
owner  or  owners  of  the  lot  on  which  such  shed  has  been 
put  up,  shall  cause  it  to  be  taken  down  and  removed. 


Ord.  146,  October  23,  1891.  City  Code  (1893)  Art.  7,  Sec.  73. 

100.  If  any  building  shall  have  been  built  before  the  Lowering,  rais- 
street  upon  which  it  is  located  is  graded,  or  if  the  grade  is  moval  of 
altered,  it  may  be  raised  or  lowered  to  meet  the  require- 
ments  of  the  grade,  and  no  wooden  building  shall  be  removed 
from  one  lot  to  another  without  the  written  consent  of 
said  Inspector  of  Buildings  first  obtained  therefor,  and  the 
consent  of  the  owners  of  the  property  adjoining  the  site  to 
which  it  is  to  be  removed. 


634 


BUILDINGS — ORDINANCES. 


[art.  3. 


Height  of 
stories. 


Removal  of  pro- 
jecting foun- 
dation wall 


Fireproof  pro- 
tection for 
iron  or  steel 
columns. 


Height  of  Stories. 

Ord.  146,  October  23,  1891.  City  Code  (1893)  Art.  7,  Sec.  18. 

101.  The  height  of  stories  for  all  given  thicknesses  of 
walls  must  not  exceed  eleven  feet  in  the  clear  for  basement, 
eighteen  feet  in  the  clear  for  the  first  story,  fifteen  feet  in 
the  clear  for  the  second  story,  fourteen  feet  in  the  clear 
for  the  third  story,  fourteen  feet  in  the  clear  for  the  fourth 
story  and  fourteen  feet  in  the  clear  average  height  of 
upper  story,  and  if  any  story  exceeds  these  heights,  respec- 
tively, the  walls  of  such  story  and  all  the  stories  below  the 
same  shall  be  increased  four  inches  in  thickness  additional 
to  the  thickness  already  mentioned. 


Encroachments. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  11. 

102.  Where  a foundation  wall  or  other  obstructions 
project  beyond  division  wall,  or  encroach  upon  adjoining 
property,  upon  proper  notice  from  the  Inspector  of  Build- 
ings having  been  given,  they  are  to  be  removed  within  ten 
days,  by  the  owner  or  owners  of  the  buildings  of  which 
they  form  a part,  unless  the  time  be  extended  by  the 
Inspector  of  Buildings. 

IRON  AND  STEEL  CONSTRUCTION. 

Columns,  Piers,  Pillars  and  Posts. 

City  Code,  (1893)  Art.  7,  Sec  15.  Ord.  63,  March  21,  1904. 

103.  Where  columns  are  used  to  support  iron  or  steel 
girders  carrying  enclosure  walls,  the  said  columns  shall  be 
of  cast  iron,  wrought  iron  or  rolled  steel,  and  on  their 
outer  and  inner  surfaces  be  constructed  to  resist  fire  by 
having  a casing  of  brick  work  or  approved  fireproof  mater- 
ial not  less  than  nine  inches  in  thickness  on  the  outer 
surfaces,  nor  less  than  four  inches  in  thickness  on  the  inner 
surfaces,  and  all  bonded  into  the  enclosure  walls.  The  sides 
of  the  iron  or  steel  girders  shall  be  similarly  covered  in 
with  brick-work  or  fireproof  material  not  less  than  four 


ART.  3.]  IRON  AND  STEEL  CONSTRUCTION — ORDINANCES. 


635 


inches  in  thickness  on  the  outer  surfaces  and  tied  and 
bonded,  but  the  extreme  outer  edge  of  the  flanges  of 
beams  or  plates  or  angles  connected  to  the  beam,  may 
project  to  within  two  inches  of  the  outside  surface  of  the 
casing.  The  inside  surfaces  of  girders  shall  be  similarly 
covered,  or,  if  projecting  inside  of  the  wall,  they  may  be  pro- 
tected by  terra  cotta,  concrete  or  other  fireproof  material. 

Girders  for  the  support  of  the  enclosure  wall  shall  be 
placed  at  the  floor  line  of  each  story.  No  part  of  a steel  closure  waiis. 
or  wrought  iron  column  shall  be  less  than  one-quarter  of 
an  inch  thick.  No  wrought  iron  or  rolled  steel  column 
shall  have  an  unsupported  length  of  more  than  forty  times 
the  least  lateral  dimension  or  diameter,  except  as  modified 
by  this  Article,  and  also  except  in  such  cases  as  the  Inspec- 
tor of  Buildings  may  especially  allow  a greater  unsupported 
length.  The  ends  of  all  columns  shall  be  faced  to  a plane  ^ fo?fteeV?on- 
surface  at  right  angles  to  the  axis  of  the  columns,  and  the 
connection  between  them  shall  be  made  with  spliced  plates. 

The  joint  may  be  effected  by  rivets  of  sufficient  size  and 
number  to  transmit  the  entire  stress,  and  then  the  spliced 
plates  shall  be  equal  in  sectional  area  of  column  applied. 

When  the  section  of  the  columns  to  be  spliced  is  such  that 
spliced  plates  cannot  be  used,  a connection  of  plates  and 
angles  may  be  used  designed  to  properly  distribute  the 
stress.  No  material  shall  be  used  in  any  wrought  iron  or 
steel  column  of  less  thickness  than  one-thirty-second  of  its 
unsupported  width  measured  between  centers  of  rivets 
transversely,  or  one-sixteenth  the  distance  between  centers 
of  rivets  in  the  direction  of  the  stress.  Stay-plates  are  to 
have  not  less  than  four  rivets,  and  are  to  be  spaced  so  that 
the  ratio  of  strength  by  the  least  radius  of  gyration  of  the 
parts  connected  does  not  exceed  forty.  The  distance 
between  nearest  rivets  of  two  stay-plates  shall,  in  this 
case,  be  considered  as  length.  Steel  and  wrought  iron 
columns  shall  be  made  in  one,  two  and  three  story  lengths, 
and  the  materials  shall  be  rolled  in  one  length  wherever 
practicable  to  avoid  intermediate  splices.  Where  any  part 
of  the  section  of  a column  projects  beyond  that  of  the 
column  below,  the  difference  shall  be  made  up  by  Ailing 
plates,  secured  to  column  by  the  proper  number  of  rivets. 


636 


BUILDINGS — ORDINANCES . 


[art.  3. 


Diameter  and 
thickness  of 
cast-iron 
columns. 


Core  of 
columns. 


Blow-holes  or 
imperfec- 
tions. 


Shoes  of  iron  or  steel,  as  described  for  cast  iron  columns, 
or  built  shoes  of  plates  and  shapes  may  be  used,  complying 
with  the  same  requirements.  Cast  iron  columns  shall  not 
have  a less  diameter  than  five  inches  or  less  thickness  than 
three  quarters  of  an  inch ; nor  shall  they  have  an  unsup- 
ported length  of  more  than  twenty  times  their  least  lateral 
dimensions  of  diameter,  except  as  modified  by  this  Article, 
and  except  the  same  may  form  part  of  an  elevator  inclos- 
ure or  staircase.  All  cast  iron  columns  shall  be  of  good 
workmanship  and  material.  The  top  and  bottom  flanges, 
seats  and  lugs  shall  be  of  ample  strength,  reinforced  by 
fillets  and  brackets.  They  shall  be  not  less  than  one  inch 
in  thickness  when  finished.  All  columns  must  be  faced  at 
the  ends  to  a true  surface  perpendicular  to  the  axis  of  the 
column.  Column  joints  shall  be  secured  by  not  less  than 
four  bolts,  each  not  less  than  three-quarters  of  an  inch  in 
diameter.  The  holes  for  these  bolts  shall  be  dulled  to  a 
template.  The  core  of  a column  below  a joint  shall  not  be 
larger  than  the  core  of  the  column  above,  and  the  metal 
shall  be  tapered  down  for  a distance  of  not  less  than  six 
inches,  or  a joint  plate  may  be  inserted  of  a sufficient 
strength  to  distribute  the  load.  The  thickness  of  metal 
shall  be  not  less  than  one-twelfth  the  diameter  of  the 
greatest  lateral  dimensions  of  cross  section,  but  never  less 
than  three-quarters  of  an  inch.  Wherever  the  core  of  a 
cast  iron  column  has  shifted  more  than  one-fourth  the 
thickness  of  the  shell,  the  strength  shall  be  computed, 
assuming  the  thickness  of  metal  all  around,  equal  to 
the  thinnest  part,  and  the  columns  shall  be  condemned  if 
this  computation  shows  the  strength  to  be  less  than 
required  by  these  regulations.  Wherever  blow-holes  or 
imperfections  are  found  in  a cast  iron  column  which  reduces 
the  area  of  the  cross-section  at  that  point  more  than  ten 
per  cent,  such  column  shall  be  condemned.  Cast  iron 
posts  or  columns  not  cast  with  one  open  side  or  back, 
before  being  set  up  in  place,  shall  have  a three-eighths  of 
an  inch  hole  drilled  in  the  shaft  of  each  post  or  column  by 
the  manufacturer  or  contractor  furnishing  the  same,  to 
exhibit  the  thickness  of  the  casting,  and  any  other  similar 
sized  hole  or  holes  which  the  Inspector  of  Buildings  may 


ART.  3.]  IRON  AND  STEED  CONSTRUCTION — ORDINANCES. 


637 


require  shall  be  drilled  in  the  said  posts  or  columns  by  the 
said  manufacturer  or  contractor  at  his  own  expense.  Iron 
or  steel  shoes  or  plates  shall  be  used  under  the  bottom  tier 
of  columns  to  properly  distribute  the  load  on  the  founda- 
tion. Shoes  shall  be  planed  on  top.  In  all  buildings 
erected  or  altered,  where  any  iron  or  steel  column  or 
columns  are  used  to  support  a wall  or  part  thereof,  whether  ^ to°Jn< 
the  same  be  an  exterior  or  an  interior  wall,  and  columns  exigencies, 
located  below  the  level  of  the  sidewalk  which  are  used  to 
support  exterior  walls  or  arches  over  vaults,  the  said  column 
or  columns  shall  be  either  constructed  double,  that  is,  an 
outer  and  inner  column,  the  inner  column  alone  to  be  of 
sufficient  strength  to  sustain  safely  the  weight  to  be 
imposed  thereon,  and  the  outer  columns  shall  be  one  inch 
shorter  than  the  inner  columns,  or  such  other  iron  or  steel 
columns  of  sufficient  strength,  and  protected  with  not  less 
than  two  inches  of  fireproof  material  securely  applied, 
except  that  double  or  protected  columns  shall  not  be  required 
for  walls  fronting  on  streets  or  courts. 


City  Code,  (1893)  Art.  7,  Sec.  15A.  Ord.  63,  March  21,  1904. 

104.  Iron  or  steel  posts  or  columns  with  one  or  more 
open  sides  and  backs  shall  have  solid  iron  plates  on  top  of 
each,  excepting  where  pierced  for  the  passage  of  pipes. 

Rivets  in  flanges  shall  be  spaced  so  that  the  least  value  of 
a rivet  for  either  shear  or  bearing,  is  equal  or  greater  than 
the  increment  strain  due  to  the  distance  between  adjoining 
rivets.  All  other  rules  given  under  riveting  shall  be  fol- 
lowed. The  compression  flange  of  plate  girders  shall  be  • 
secured  against  buckling  if  its  length  exceeds  thirty  times 
its  width.  If  splices  are  used,  they  shall  fully  make  good  Rivets,  splices, 
the  members  spliced  in  either  tension  or  compression. 

Stiffeners  shall  be  provided  over  supports  and  under  con- 
centrated loads.  They  shall  be  of  sufficient  strength  as  a 
column  to  carry  loads  and  shall  be.  connected  with  a suffi- 
cient number  of  rivets  to  transmit  the  stresses  into  the 
web  plate.  Stiffeners  shall  fit  so  as  to  support  the  flanges 
of  the  girders.  If  the  unsupported  depth  of  the  web  plate 
exceeds  sixty  times  its  thickness,  stiffeners  shall  be  used 


638 


BUILDINGS — ORDINANCES. 


[art.  3. 


at  intervals  not  exceeding  one  hundred  and  twenty  times 
the  thickness  of  the  web.  When  rolled  steel  or  wrought 
iron  beams  are  used  in  pairs  to  form  a girder  they  shall  be 
connected  together  by  bolts  and  iron  separators  at  inter- 
vals of  not  more  than  five  feet.  All  beams  twelve  inches 
^ usid'in  depth  shall  have  at  least  two  bolts  to  each 

separator. 


Lintels. 

City  Code,  (1893)  Art.  7,  Sec.  15B.  Orel.  63,  March  21,  1904. 

lintels  or  girders  are  supported  at  the 
ends  by  brick  walls  or  piers  they  shall  rest  upon  cut  granite 
or  bluestone  blocks  at  least  ten  inches  thick,  or  upon  cast 
iron  plates  of  equal  strength  by  the  full  size  of  the  bear- 
ings. In  case  the  opening  is  less  than  twelve  feet,  the 
stone  blocks  may  be  five  inches  in  thickness,  or  cast  iron 
plates  of  equal  strength  by  the  full  size  of  the  bearings 
may  be  used  ; provided,  that  in  all  cases  the  safe  loads  do 
not  exceed  those  fixed  by  this  Article. 


Floor  or  Roof  Beams. 

City  Code,  (1893)  Art.  7,  Sec.  15C.  Ord.  63,  March  21,  1904. 

106.  All  rolled  steel  and  wrought  iron  floor  and  roof 
Fioor^nd  roof  boams  usod  in  buildings  shall  be  of  full  weight,  straight, 
and  free  from  injurious  defects.  Holes  for  tie  rods  shall 
be  placed  as  near  the  thrust  of  the  arch  as  practicable. 
The  distance  between  tie  rods  in  floors  [shall  not  exceed 
eight  feet,  and  shall  not  exceed  eight  times  the  depth  of 
floor  beams  twelve  inches  and  under.  Channels  or  other 
shapes,  where  used  as  skewbacks,  shall  have  a sufficient 
resisting  movement  to  take  up  the  thrust  of  the  arch. 
Bearing  plates  of  stone  or  metal  shall  be  used  to  reduce  the 
pressure  on  the  wall^to  the  working  stress.  Beams  rest- 
ing on  girders  shall  be  securely  riveted  or  bolted  to  the 
same.  Where  joined  on  a girder,  tie  straps  of  one-half 
inch  net  sectional  area  shall  be  used,  with  rivets  or  bolts 
to  correspond.  Anchors  shall  be  provided  at  the  ends  of 
all  such  beams  bearing  on  walls,  as  required  by  this  Article. 


ART.  3.]  RIVETS  AND  RIVETING — BOLTS — ORDINANCES. 


639 


C%  Code,  (1893)  Art  7,  Sec.  15D.  Ord.  63  March  21  1904. 

107.  All  iron  or  steel  trimmer  beams,  headers  and  taiH^rimme^^^^ 
beams  shall  be  suitably  framed  and  connected  together, 
and  all  other  iron  work  of  all  floors  and  roofs  shall  be 
strapped,  bolted,  anchored  and  connected  together  and  to 
the  walls.  All  beams  framed  into  and  supported  by  other 
beams  or  girders  shall  be  connected  thereto  by  angles  or 
knees  at  a proper  size  or  thickness,  and  have  sufficient 
bolts  or  rivets  in  both  legs  of  each  connecting  angle  to 
transmit  the  entire  weight  or  load  coming  on  the  beam  to 
the  supporting  beam  or  girder.  In  no  case  shall  the  shear- 
ing value  of  the  connection  angles  be  less  than  provided 
for  in  this  Article. 


Rivets  and  Riveting. 


City  Code,  (1893)  Art.  7,  Sec.  15E.  Ord.  63,  March  21,  1904. 

108.  The  distance  from  center  of  a rivet  hole  to  the 
edge  of  the  material  shall  be  not  less  than  : 

Vs  of  an  inch  for  ^ inch  rivets, 
of  an  inch  for  Ys  inch  rivets. 

1-yk  of  an  inch  for  ^ inch  rivets. 

1-Y>  of  an  inch  for  ^ inch  rivets. 

1-Y2  of  an  inch  for  1-inch  rivets. 

Wherever  possible,  however,  the  distance  shall  be  equal 
to  two  diameters.  All  rivets,  wherever  practicable,  shall 
be  machine  driven.  The  rivets  in  connections  shall  be  pro- 
portioned and  placed  to  suit  the  stresses.  The  pitch  of 
rivets  shall  never  be  less  than  three  diameters  of  the  rivet 
nor  more  than  six  inches.  In  the  direction  of  the  stress  it 
shall  not  exceed  sixteen  times  the  least  thickness  of  the 
outside  member.  At  right  angles  to  the  stress  it  shall  not 
exceed  thirty-two  times  the  least  thickness  of  the  outside 
memoer.  All  holes  shall  be  punched  accurately,  so  that, 
upon  assembling,  a cold  rivet  will  enter  the  hole  without 
straining  the  material  by  drifting.  Occasional  slight  errors 
shall  be  corrected  by  reaming.  The  rivets  shall  All  the 
holes  completely.  The  heads  will  be  concentric  with  the 


Distance  of 
rivet  holes 
from  edge  of 
material. 


640 


BUII^DINGS — ORDINANCES . 


[art.  3. 


Bolt  connec- 
tions. 


Determining 
stresses  on 
trusses. 


axis  of  the  rivet.  Gussets  shall  be  provided  wherever  re- 
quired of  sufficient  thickness  and  size  to  accommodate  the 
number  of  rivets  necessary  to  make  the  connection. 


Bolts. 

City  Code,  (1893)  Art.  7,  Sec.  15F.  Ord.  63,  March  21,  1904. 

109.  Where  riveting  is  not  practicable  or  possible,  con- 
nections may  be  effected  by  bolts.  These  bolts  shall  be  of 
wrought  iron  or  mild  steel,  and  they  shall  have  United 
States  standard  threads.  The  threads  shall  be  full  and 
cjean;  the  nut  shall  be  truly  concentric  with  the  bolt,  and 
the  thread  shall  be  of  sufficient  length  to  allow  the  nut  to 
be  screwed  up  tightly.  When  bolts  go  through  bevel 
flanges,  bevel  washers  to  match  shall  be  used,  so  that  head 
and  nut  of  bolt  are  parallel.  When  bolts  are  used  for  sus- 
penders, the  working  stress  shall  be  reduced  for  wrought 
iron  to  ten  thousand  pounds,  and  for  steel  to  fourteen 
thousand  pounds  per  square  inch  of  net  area,  and  the  load 
■ shall  be  transmitted  into  the  head  or  nut  by  strong  washers 
distributing  the  pressure  evenly  over  the  entire  surface  of 
the  same. 


Trusses. 

City  Code,  (1893)  Art.  7,  Sec.  15G.  Ord.  63,  March  21,  1904. 

110.  Trusses  shall  be  of  such  design  that  the  stresses 
in  each  member  can  be  calculated.  All  trusses  shall  be 
held  rigidly  in  position  by  efficient  systems  of  lateral  and 
sway  bracing,  struts  being  spaced  so  that  the  maximum 
limit  of  length  to  least  radius  of  gyration,  as  hereinbefore 
established,  is  not  exceeded.  Any  member  of  a truss 
subjected  to  transverse  stress,  in  addition  to  direct  tension 
or  compression,  shall  have  the  stresses  causing  such  strain 
added  to  the  direct  stresses  coming  on  the  member,  and 
the  total  stresses  thus  formed  shall  in  no  case  exceed  the 
working  stresses  stated  in  this  article.  For  tension  mem- 
bers the  actual  net  area  only,  after  deducting  rivet  holes 
one-eighth  inch  larger  than  the  rivets,  shall  be  considered 


ART.  3.] 


TRUSSES — OR  DINAN  CES . 


641 


as  resisting  the  stress.  If  tension  members  are  made  of 
angle  irons  riveted  through  one  flange  only,  only  that 
flange  shall  be  considered  in  proportioning  areas,  rivets  to 
be  proportioned  as  heretofore  prescribed  in  this  section;  if 
the  axis  of  two  adjoining  web  members  do  not  intersect 
within  the  line  of  the  chords,  sufficient  area  shall  be  added 
to  the  chord  to  take  up  the  bending  strains.  No  bolts  shall 
be  used  in  the  connections  of  riveted  trusses,  excepting 
when  riveting  is  impracticable,  and  then  the  holes  shall  be 
drilled  or  reamed. 


City  Code,  (1893)  Art.  7,  Sec.  15H.  Ord.  63,  March  21,  1904. 

111.  The  bending  stresses  on  pins  shall  be  limited  to pin-connected 
twenty  thousand  pounds  for  steel  and  fifteen  thousand 
pounds  for  iron.  All  compression  members  in  pin-connected 
trusses  shall  he  proportioned,  using  seventy-five  per  cent, 
of  the  permissible  working  stress  for  columns.  The  heads 
of  alley  bars  shall  be  made  by  upsetting  or  forging.  No 
welled  will  be  allowed  in  the  body  of  the  bar.  Steel  eye 
bars  shall  be  annealed.  Bars  shall  be  straight  before 
boring.  All  pin  holes  shall  be  bored  true,  and  at  right  ping  and  pin 
angle  to  the  axis  of  the  members,  and  must  fit  the  pin 
within  one  thirty-second  of  an  inch.  The  distances  of  pin 
holes  from  center  to  center  for  corresponding  members 
shall  be  alike,  so  that  when  piled  upon  one  another  pins 
will  pass  through  both  ends  without  forcing.  Eyes  and 
screw  ends  shall  be  proportioned  so  that  upon  test  to  destruc- 
tion, fracture  will  take  place  in  the  body  of  the  member. 

All  pins  shall  be  accurately  turned.  Pin  plates  shall  be  pi„  plates, 
provided  wherever  necessary  to  reduce  the  stresses  on  pins 
to  the  working  stresses  prescribed.  These  pin  plates  shall 
be  connected  to  the  members  by  rivets  of  sufficient  size 
and  number  to  transmit  the  stresses  without  exceeding 
working  stresses.  All  rivets  in  members  of  pin  plates 
which  are  necessary  to  transmit  stress  shall  also  be 
machine  driven.  The  main  connections  of  members  shall 
be  made  by  pins;  other  connections  may  be  made  by  bolts. 

If  there  is  a combination  of  riveted  and  pin-connected 
members  in  one  truss,  these  members  shall  comply  with 


642 


BUILDINGS — ORDINANCES  . 


[art.  3. 


the  requirements  of  pin-connected  trusses,  but  the  riveting 
shall  comply  with  the  requirements  of  section  110  of  this 
Article  and  all  other  requirements  hereof  relative  thereto. 


Structural  Iron  and  Steel. 

City  Code,  (1893)  Art.  7,  Sec.  15  I.  Ord.  63,  March  21,  1904. 

Cast  iron  or  ^ ^^^t  iron  or  motal  fronts  shall  be  backed  up  or 

metal  fronts.  fiPed  iu  with  masoury,  stone  or  other  cinder  concrete  of 
the  thickness  provided  for  in  this  Article.  All  structural 
metal  work  shall  be  cleaned  of  all  scale,  dirt  and  rust  and 
be  thoroughly  coated  with  one  coat  of  paint.  Cast  iron 
columns  shall  not  be  painted  until  after  inspection  by  the 
Inspector  of  Buildings.  Where  surfaces  in  riveted  work 
come  in  contact  they  shall  be  painted  before  assembling. 
After  erection,  all  work  shall  be  painted  with  at  least  one 

Iron  or  steel  additional  coat.  All  iron  or  steel  used  below  water  level 

below  water 

level.  shall  be  enclosed  with  concrete  to  exclude  the  air  and 
water  to  the  satisfaction  of  the  Inspector  of  Buildings. 
Party  walls  in  such  construction  shall  be  built  as  hereinafter 
provided  in  this  Article. 

LOADS  ON  FLOORS,  WEIGHTS  AND  STRAINS 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  57. 

Spacing  joists.  H3.  Where  stud  partitions  are  parallel  with  the  joists, 
the  joists  supporting  them  are  to  be  doubled  in  all  cases, 
and  shall  be  placed  not  more  than  sixteen  inches  from 
centre  to  centre,  and  must  be  all  properly  bridged,  and  all 
joists  that  are  used  must  be  sound  and  well  seasoned. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  58. 

Posting  of  114.  In  all  stores,  warehouses  and  factories,  hereafter 
wefghts?^^  to  be  erected,  the  weight  that  each  floor  will  safely  sustain 
upon  each  superflcial  foot  shall  be  estimated  by  an  architect 
or  builder  thereof,  with  the  date  thereof,  and  be  posted 
by  the  owner  in  a conspicuous  place  on  each  floor  thereof, 
the  said  calculation  to  consider  in  all  cases  the  beams  as 
loaded  in  the  centre. 


ART.  3.]  SCHEDULE  OF  SAFE  WEIGHTS — ORDINANCES. 


643 


Schedule  of  Safe  Weights. 


Orel.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  59.  Ord.  75, 

May  11,  1904. 

115.  The  schedule  set  forth  in  this  section  shall  be  the  sch^edu^e^g^ 
minimum  allowance  for  safe  weights  of  materials  and  con- 
struction used  in  the  various  classes  of  buildings  erected 
or  to  be  erected  in  the  City  of  Baltimore. 


1.  The  ‘ dive  load'  ’ shall  consist  of  all  ‘ ‘loads"  other  than  Live  load  to 

• 1 r*  • 1 • • 1 consist  of. 

those  due  to  the  weight  of  materials  entering  into  the 
permanent  structure. 

2.  The  minimum  “live  loads"  for  floors  of  different  Mimmum  live 
classes  of  buildings  shall  be  as  follows: 


Dwellings,  60  lbs.  per  square  foot. 

Lodging  houses,  apartment  houses,  tenements,  hotels, 
etc.,  60  lbs.  per  square  foot. 


Office  buildings:  (a)  Concentrated  load  on  6 sq.  ft. 

any  place,  1,500  lbs.  per  square  foot,  (b)  Uniformly 
distributed  load,  75  lbs.  per  square  foot. 

Public  assembly  rooms,  churches  theatres,  schools,  with 
fixed  seats,  75  lbs.  per  square  foot. 

Assembly  rooms,  without  fixed  seats,  ball  rooms,  gym- 
nasiums, armories,  etc. , 125  lbs.  per  square  foot. 


Stables  and  carriage  houses,  100  lbs.  per  square  foot. 

Light  manufactories,  retail  stores  and  light  storehouses, 
125  lbs.  per  square  foot. 

Heavy  storehouses,  warehouses,  factories,  175  lbs.  per 
square  foot. 


Sidewalks,  200  lbs.  per  square  foot. 

3.  The  floors  shall  be  designed  to  carry  the  actual  weight  Floors, 
of  such  heavy  pieces  of  machinery,  boilers,  or  concentrated 
loads  which  will  be  placed  thereon,  but  in  no  case  shall  the 
live  loads  be  taken  less  than  given  above.  In  case  of 
structures  carrying  traveling  machinery,  such  as  cranes, 
conveyors,  etc. , 25  per  cent,  shall  be  added  to  the  maximum 


644 


BUILDINGS — ORDINANCES . 


[art.  3. 


weight  intended  to  be  carried,  in  order  to  provide  for 
effects  of  impacts  and  vibrations. 

^fou“dltiS?s  4.  For  columns  and  foundations  of  buildings  over  five 
of  buildings.  height,  the  live  loads  given  in  sub-division  2 may 

be  reduced  as  follows,  storage  warehouses  and  factories 
excepted: 

(a)  Top  floor,  no  reduction. 

(b)  For  each  succeeding  lower  floor  a reduction  of  5 
per  cent,  until  50  per  cent,  is  reached.  This  50  per  cent, 
is  to  be  used  for  each  remaining  floor. 

5.  A wind  pressure  of  30  lbs.  per  square  foot  shall  be 
assumed  as  acting  horizontally  in  either  direction  on  the 
exposed  surfaces  of  the  sides  or  ends  of  buildings. 

6.  Ordinary  roofs,  spans  50  feet  and  under,  shall  be 
proportioned  to  carry  the  following  loads  per  square  foot 
of  exposed  surfaces,  applied  vertically,  to  provide  for  dead 
and  live  loads  combined: 

(a)  Gravel  or  composition  roofing  on  boards,  45  lbs. ; on 
3-inch  tile  or  concrete,  55  lbs. 

(b)  Corrugated  iron  sheeting,  on  boards  or  purlins  or 
tin,  40  lbs. 

(c)  Slate,  on  boards,  50  lbs. ; on  3-inch  flat  tile  or  con- 
crete, 65  lbs. 

(d)  Tile,  or  steel  purlins,  55  lbs. 

7.  Large  roofs,  such  as  train  sheds,  armories,  public 
halls,  etc.,  with  spans  over  50  feet,  shall  be  proportioned 
to  carry,  in  addition  to  the  dead  load. 

(a)  A live  load  of  15  lbs.  per  square  foot  for  all  slopes 
under  35  feet. 

(b)  A live  load  of  10  lbs.  per  square  foot  for  all  slopes 
between  35  feet  and  45  feet. 

(c)  A horizontal  wind  pressure  of  30  lbs.  per  square 
foot  of  the  vertical  projection  of  the  exposed  surface. 


wind  pressure. 


Ordinary  roofs. 


Roofing, 
sheathing, 
slate,  etc. 


Large  roofs. 


ART.  3.]  SAFES,  MACHINERY  AND  WEIGHTS — ORDINANCES. 


645 


Ord.  75,  May  11,  1904,  Sec.  59A. 

116.  The  owner  or  owners  of  any  property  in  which  owners  shaii 

. post  maxi- 

goods  of  any  kind  are  stored  or  kept  for  sale,  or  any  weights 
imposed  other  than  ordinary  furniture,  shall  have  posted 
in  a conspicuous  place  the  maximum  safe  load  that  may  be 
allowed.  Said  strengths  to  be  computed  by  some  compe- 
tent person  whose  name  must  be  attached  to  the  poster, 
and  the  owner  to  be  held  as  the  responsible  person  in  case 
of  accident  from  underestimated  capacities. 


Safes,  Machinery  and  Weights. 

Ord.  63,  March  21,  1904,  Sec.  27A. 

117.  No  safes,  machinery  or  other  weights  can  bepiacmgof 
placed  upon  any  floor  of  any  building  without  first  obtain- 
ing  a permit  from  the  Inspector  of  Buildings. 


Ord.  146,  October  23,  1891.  City  Code.  (1893)  Art.  7,  Sec.  60. 

118.  In  all  calculations  of  the  strength  of  materials  to  be  proportion 
used  in  any  building,  the  proportion  between  the  safe 
weight  and  breaking  weight  shall  be  as  one  to  four  for  all 
beams,  girders  and  other  parts  subjected  to  a cross  strain, 
and  shall  be  as  one  to  six  for  all  posts,  columns  and  other 
vertical  supports,  as  also,  for  all  tie  rods,  tie  beams,  and 
other  parts  subjected  to  a tensile  strain,  and  the  requisite 
dimensions  of  each  piece  of  material  are  to  be  ascertained 
by  computation  by  the  rules  of  standard  authors  on  the 
strength  of  materials,  using  for  constants  in  the  rules  only 
such  numbers  as  have  been  reduced  from  actual  experi- 
ments on  materials  of  like  kinds  with  that  proposed  to  be 
used. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  61. 

119.  Before  any  iron  column,  post,  beam,  lintel  or  Manufacturers 
girder  intended  to  support  a wall  built  of  brick  or  stone,  or  etc^'^Ytlmp 
any  floor  or  part  thereof,  or  to  span  any  opening  over  eight 
feet  in  length,  in  any  building  hereafter  to  be  erected  or 
altered,  shall  be  used  for  that  purpose,  the  manufacturer 


646 


BUII.DINGS — ORDINANCKS . 


[art.  3. 


or  founder  thereof  shall  have  the  same  computed  as  in 
section  118,  and  shall  have  the  weight  that  each  of  the  said 
columns,  posts,  beams,  lintels  or  girders  will  safely  sustain 
properly  stamped  or  cast,  in  a conspicuous  place  thereon, 
together  with  the  name  of  the  said  manufacturer  or 
founder ; and  no  greater  weight  shall  be  placed  upon  any 
column,  post,  beam,  lintel  or  girder  than  the  same  shall  be 
so  marked  as  being  capable  of  sustaining. 

NUMBERING  HOUSES. 

City  Code,  (1879)  Art.  7,  Sec.  22.  City  Code,  (1893)  Art.  7,  Sec.  95. 

Ord.  59,  July  10,  1897 

Relating  to  120.  It  shall  be  the  duty  of  the  Inspector  of  Buildings 
irregularities  whcn  any  crror  or  irregularity  exists  in  the  numbering  of 
m num  er  other  buildings,  or  when  they  are  without  num- 

bers, in  any  street,  lane,  court  or  alley  in  the  City  of 
Baltimore,  to  notify  the  owner  or  owners  of  said  house  or 
other  building  of  said  error  or  irregularity  in,  or  said  ab- 
sence of  a number,  and  he  shall  further  notify  and  desig- 
nate to  said  owner  or  owners  what  the  correct  number  of 
said  house  or  other  building  shall  be ; no  builder,  owner, 
occupier  or  other  person  shall  place  a number  on  any  new 
building,  or  alter  the  number  of  any  old  building,  until  the 
Inspector  of  Buildings  shall  have  designated  what  the  cor- 
rect number  of  such  building  shall  be  ; should  any  owner 
or  owners  of  any  house  or  other  building  fail  to  affix  a 
number  plate  containing  the  correct  number  of  said  house 
or  other  building,  as  ordered  by  the  Inspector  of  Buildings, 
upon  the  front  of  said  house  or  other  building  so  that  same 
can  be  read  from  the  highway,  within  ten  days  after  re- 
ceiving said  notice,  he,  or  they,  shall  be  subject  to  a penalty 
of  ten  dollars  ($10)  for  each  offence  ; and  to  an  additional 
fine  of  five  dollars  ($5)  for  every  day  that  such  violation 
shall  continue  ; and  any  person  or  persons  failing  to  comply 
with  any  of  the  requirements  herein  contained,  or  who 
may  violate  any  of  the  provisions  of  this  section,  shall  be 
Penalty.  subject  to  a like  penalty  of  ten  dollars  ($10)  for  each 
offence,  and  to  an  additional  fine  of  five  dollars  ($5)  for 
every  day  that  such  failure  or  violation  shall  continue. 


[art.  3. 


ROOFS — SCUTTLES — ORDINANCES. 


647 


ROOFS,  CORNICES  AND  SCUTTLES. 

Roofs. 

Orel.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  63. 

121.  The  planking  and  sheathing  of  the  roof  of  every 
building  hereafter  to  be  erected  or  altered,  as  aforesaid,  roofing, 
shall  in  no  case  be  extended  across  the  front,  rear,  side, 

end  or  division  wall  thereof,  and  every  such  building,  and 
the  tops  and  sides  of  every  dormer  window  thereon,  shall 
be  covered  with  slate,  tin,  zinc,  iron,  copper,  or  such  other 
equally  fire-proof  material  as  the  Inspector  of  Buildings, 
under  his  certificate,  may  authorize,  and  the  outside  of 
every  dormer  window  hereafter  placed  upon  any  building, 
as  aforesaid,  shall  be  made  of  some  fire-proof  material,  and 
wooden  buildings  which  shall  require  roofing  shall  not  be 
roofed  with  any  other  roof  covering  except  as  aforesaid. 

Nothing  in  this  section  shall  be  construed  to  prohibit  the 
repairing  of  a shingle  roof,  provided  the  repairs  do  not 
amount  to  over  one-half  of  the  value  of  said  roof,  in  which 
case  the  whole  must  be  replaced  with  some  fire-proof 
material.  All  buildings  shall  be  kept  provided  with  proper 
metallic  leaders  for  conducting  water  from  the  roof  to  the 
ground,  gutters  or  sewers,  in  such  manner  as  shall  protect 
the  walls  and  foundation  from  damage. 

Scuttles. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  64. 

122.  All  buildings  hereafter  to  be  built  shall  have  Exits  through 
scuttle  frames  and  covers,  or  bulkheads  and  doors,  and  be 
covered  with  some  fire-proof  material,  to  open  outward ; 

and  scuttles  shall  have  stationary  ladders  leading  to  the 
same,  and  all  such  scuttles  and  ladders  shall  be  kept  so  as 
to  be  ready  for  use  at  all  times  ; all  scuttles  shall  be  in  size 
of  opening  at  least  two  (2)  feet  by  three  (3)  feet,  and  if  a 
bulkhead  is  used  in  any  building  in  place  of  a scuttle,  it 
shall  have  stairs  with  a sufficient  guard  or  hand  rail  lead- 
ing to  the  roof,  and  in  case  the  building  be  a tenement 
house,  the  doors  or  covers  to  scuttles  or  bulkheads  shall  at 
no  time  be  locked,  but  may  be  secured  by  bolts  or  hooks  on 
the  inside. 


648 


BUII.DINGS — ORDINANCES . 


[art.  3. 


Exterior 
cornices  and 
gutters  to  be 
fireproof. 


Metal  cornices 
to  balance 
within 
wall. 


Wooden 
cornices 
damaged  by 
fire. 


Metal  cornices 
look-outs  for, 


Rooms  in 
tenement  or 
lodging 
houses. 


Cornices  and  Gutters. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  62. 

123.  All  exterior  cornices  and  gutters  hereafter  erect- 
ed shall  be  of  some  fire-proof  material,  and  in  every  case, 
except  where  sheet  metal  is  used,  the  greatest  weight  of 
the  material  of  which  the  cornice  shall  be  constructed, 
shall  be  on  the  inside  of  the  outer  line  of  the  wall,  allow- 
ance being  made  for  the  leverage  produced  by  the  projec- 
tion of  the  cornice  beyond  the  face  of  the  wall,  and  in  all 
cases  the  walls  shall  be  carried  up  to  the  upper  side  of  roof 
planking,  and  where  the  cornice  projects  above  the  roof, 
the  wall  shall  be  carried  to  the  top  of  the  cornice ; and  all 
exterior  wooden  cornices  that  may  now  be,  or  shall  here- 
after become  unsafe,  shall  be  taken  down,  and  if  replaced, 
shall  be  constructed  of  some  fire-proof  material.  All 
exterior  wooden  cornices  or  gutters  that  may  hereafter  be 
damaged  by  fire  or  by  decay  to  the  extent  of  one-half  the 
value  thereof,  shall  be  taken  down,  and  if  replaced  shall 
be  constructed  of  some  fire-proof  material ; but  if  not 
damaged  to  this  extent,  may  be  repaired  with  the  same 
material  of  which  originally  constructed. 


Ord.  59,  March  18,  1904. 

124.  ‘‘Look-outs’’  for  all  metal  cornices  shall  be  of 
metal. 


SANITARY  AND  HYGIENIC  REGULATIONS 

Tenement,  Lodging  and  Apartment  Houses. 

Ord.  79,  June  4,  1886.  City  Code,  (1893)  Art.  23,  Sec.  26. 

125.  Every  house  or  building  which  is  used,  occupied, 
leased  or  rented  for  a dwelling,  tenement  or  lodging-house 
shall  have  in  every  room  which  is  occupied  as  a sleeping 
room,  and  which  does  not  communicate  directly  with  the 
external  air,  a ventilating  or  transom- window,  having  an 
opening  or  area  of  three  (3)  square  feet  over  the  door 
leading  into  and  connected  with  the  adjoining  room,  if  such 


ART.  3.]  SANITARY  REGULATIONS — ORDINANCES. 


649 


adjoining  room  communicates  with  the  external  air,  and 
also  a ventilating  or  transom- window  of  the  same  opening  or 
area  communicating  with  the  entry  or  hall  of  the  house,  or, 
where  this  is,  from  the  relative  situation  of  the  rooms, 
impracticable,  such  last-mentioned  ventilating  or  transom- 
window  shall  communicate  with  an  adjoining  room  that 
itself  communicates  with  the  entry  or  hall.  Every  such 
house  or  building  shall  have  in  the  roof  at  the  top  of  the 
hall  an  adequate  and  proper  ventilator  of  a form  approved 
by  the  Inspector  of  Buildings  and  the  Commissioner  of 
Health. 


Orel.  79,  June  4,  1886.  City  Code,  (1893)  Art.  23,  Sec.  27. 

126.  The  roof  of  every  such  house  shall  be  kept 
good  repair,  so  as  not  to  leak  ; and  all  rain-water  shall  be 
so  drained  or  conveyed  therefrom  as  to  prevent  its  dripping 
on  the  ground  or  causing  dampness  in  the  walls,  yards  or 
areas. 


Ord.  79,  June  4,  1886.  City  Code,  (1893)  Art.  23,  Sec.  28. 

127.  Every  dwelling,  tenement  or  lodging-house  shall  pHvies  in 
be  provided  with  good  and  sufficient  privies  or  water-  such  houses, 
closets ; such  privies  or  water-closets  shall  not  be  less  in 
number  than  one  to  every  twenty  occupants  of  said  house; 
but  privies  and  water-closets  may  be  used  in  common  by 
the  occupants  of  any  two  or  more  houses ; provided  the 
access  is  convenient  and  direct,  and  provided  the  number 
of  occupants  in  the  houses  for  which  they  are  provided 
shall  not  exceed  the  proportion  above  required  for  every 
privy  or  water-closet.  No  privy- well  shall  be  allowed  in  or 
under  or  connected  with  any  such  house,  except  when  it  is 
unavoidable  and  in  such  case  it  shall  be  constructed  in  such 
situation  and  such  manner  as  the  Commissioner  of  Health 
may  direct ; it  shall,  in  all  cases,  be  water-tight,  and  so 
constructed  that  no  offensive  smell  or  gases  shall  be  allowed 
to  escape  therefrom  ; the  yard  or  area  shall  be  so  graded 
that  all  water  from  the  roof  or  otherwise  shall  flow  freely 
from  it  and  all  parts  of  it  into  the  street  gutter. 


650 


BUILDINGS — ORDINANCES . 


[art.  3. 


Ord.  79,  June  4,  1886.  City  Code,  (1893)  Art.  23,  Sec.  29. 

128.  No  owner  or  owners  or  lessee  of  any  building 
rent,  let,  hire  out,  or  allow  to  be  used  as  or  for  a 
place  of  sleeping  or  residence  any  portion  or  apartment  of 
any  building  which  portion  or  apartment  has  not  at  least 
three  feet  of  its  height  and  space  above  the  level  of  every 
part  of  the  sidewalk  and  kerb-stone  of  any  adjacent  street. 
Damp  floor,  nor  of  which  the  floor  is  damp  by  reason  of  water  from 
the  ground,  or  which  is  impregnated  or  penetrated  by  any 
offensive  gas,  smell,  or  exhalation  prejudicial  to  health ; 
but  this  section  shall  not  prevent  the  leasing,  renting  or 
occupancy  of  cellars  or  rooms  less  elevated,  than  aforesaid, 
and  as  a part  of  any  building  rented  or  let  when  they  are 
not  let  or  intended  to  be  occupied  or  used  by  any  person  as 
a sleeping  apartment. 

Ord.  79,  June  4,  1886.  City  Code,  (1893)  Art.  23,  Sec.  30. 

No  over-crowd-  129.  No  owner,  lessee,  or  keeper  of  any  tenement, 
boarding  or  lodging-house  shall  cause,  or  allow  the  same  to 
be  over-crowded,  or  cause  or  allow  too  great  a number  of 
persons  to  dwell,  be,  or  sleep  in  any  such  house,  or  portion 
thereof,  as  thereby  to  cause  any  danger  or  detriment  to 
life  or  health. 


Sinks  and  Cesspools. 

Res.  142,  May  4,  1882.  City  Code,  (1893)  Art.  7,  Sec.  111. 
sin^ks^of^pubiic  130,  The  duty  of  emptying  and  cleaning  the  sinks 
attached  to  the  public  schools  in  the  City  of  Baltimore, 
heretofore  imposed  upon  and  under  the  control  of  the 
Health  Department,  is  hereby  transferred  to  the  Inspector 
of  Buildings. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  83. 

Cesspools.  131.  Every  well  used  as  a cesspool  shall  be  covered 
with  stone  not  less  than  four  (4)  inches  thick,  or  with  iron 
not  less  than  one  (1)  inch  thick,  and  shall  be  at  least  six 
feet  deep,  and  walled  up  with  brick  or  stone,  well  and 


ART.  3.]  SIDEWALKS — STABLES — ORDINANCES. 


651 


satisfactorily  built ; when  said  well  is  used  as  a privy  it 
shall  be  covered  the  full  length  and  width  of  the  floor  of 
such  privy  with  material  and  thickness  as  above  stated, 
and  in  all  cases  said  wells  or  privies  shall  be  water-tight. 

Wooden  Buildings  Below  Street  Level. 

City  Code,  (1879)  Art.  23,  Sec.  29.  City  Code,  (1893)  Art.  23,  Sec.  45. 

132.  All  wooden  buildings  that  are  now  or  may  '^bSud’ings  to 
after  be  below  the  level  of  the  brick  pavements  or  streets,  be  raised  up. 
shall  be  raised  up  and  underpinned  with  brick  or  stone, 

and  all  persons  refusing  or  neglecting  to  obey  the  directions 
of  the  Commissioner  of  Health  in  the  premises,  shall  for- 
feit and  pay  a penalty  not  exceeding  twenty  dollars,  and 
five  dollars  for  each  and  every  day  during  the  continuance 
of  such  neglect  or  refusal  ; provided  he,  she  or  they, 
receive  one  month's  notice  from  the  Commissioner  of 
Health  to  complete  the  same. 

SIDEWALKS. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  82. 

133.  All  sidewalks  shall  have  a fall  towards  the  Sidewalks, 
kerbstone,  said  fall  not  to  exceed  one-half  (i)  inch  to  one 

foot,  and  the  sidewalk  at  the  kerb  not  to  be  raised  more 
than  one-half  (J)  inch  above  the  kerb. 


City  Code,  (1879)  Art.  7,  Sec.  35.  City  Code,  (1893)  Art.  7,  Sec.  103. 

Ord.  116,  July  18,  1895.  Sec.  1. 

134.  It  shall  not  be  lawful  for  any  person  to  erect  an  permit  from 
awning  without  first  obtaining  a permit  for  same  from  the  Lu1?dSlS°^ 
Inspector  of  Buildings,  for  which  permit  the  applicant 

shall  pay  the  sum  of  four  dollars  ($4) . 

STABLES. 

City  Code,  (1879)  Art.  8,  Sec.  38.  Ord.  146,  October  23,  1891.  City 
Code,  (1893)  Art.  7,  Sec.  81.  City  Code,  (1893)  Art.  8,  Sec.  39. 

135.  No  person  or  persons  or  body  corporate  shall  i^wery  stabies. 
hereafter  erect,  or  cause  to  be  erected,  or  alter,  or  cause 


652 


BUILDINGS — ORDINANCES . 


[art.  3. 


Consent  of 
M.  & C.  C. 
of  Baltimore 
necessary. 


Publication 
of  appli- 
cation. 


Penalties. 


Motive  power 
may  be 
installed  in 
buildings. 


to  be  altered,  or  occupy  or  use  any  building  for  a stable, 
for  the  keeping  of  horses,  carriages  and  wagons,  commonly 
known  as  a club,  livery,  hiring,  sale  or  exchange  stable 
within  the  city  limits,  without  first  obtaining  the  consent 
of  the  Mayor  and  City  Council  of  Baltimore;  no  building 
which  is  now  occupied  or  may  hereafter  be  occupied  as 
such  shall  be  altered  or  enlarged,  without  the  consent  of 
the  Mayor  and  City  Council  of  Baltimore  first  having  been 
obtained. 


City  Code,  (1879)  Art.  8,  Sec.  39.  City  Code,  (1893)  Art.  8,  Sec.  40. 

136.  Notice  of  all  applications  for  permission  to  erect 
livery,  hiring  or  sale  stables,  or  to  alter  buildings  to  be 
used  for  that  purpose  within  the  city  limits,  shall  be 
inserted  three  times  a week  in  two  or  more  of  the  daily 
newspapers  published  in  the  city  of  Baltimore,  two  weeks 
previously  to  making  such  application. 


City  Code,  (1879)  Art.  8,  Sec.  40.  City  Code,  (1893)  Art.  8,  Sec.  41. 

137.  For  any  and  every  violation  of  the  provisions  of 
the  two  next  preceding  sections,  the  party  or  parties  so 
violating,  shall  forfeit  and  pay  the  sum  of  two  hundred 
dollars,  and  a further  sum  of  fifty  dollars,  for  each  and 
every  week  thereafter  until  the  stable  or  stables  so  erected 
or  altered  shall  be  removed  outside  of  the  city  limits,  torn 
down,  or  ceased  to  be  used  for  that  purpose;  the  said  fines 
and  forfeitures  to  be  recovered  as  other  fines  and  forfeit- 
ures are  now  recoverable. 

STEAM,  GAS  AND  GASOLINE  ENGINES  AND  MACHINERY. 

Ord.  26.  March  29,  1881.  City  Code,  (1893)  Art.  7,  Sec.  106.  Ord.  97, 
December  24,  1900. 

138.  The  Inspector  of  Buildings,  with  the  Mayor^s 
approval,  is  hereby  authorized  and  empowered  to  grant  a 
permit  to  any  person  or  persons  applying  to  place  a steam 
power  boiler  or  engine,  and  machinery  operated  by  steam 
power,  gas,  gasoline  or  any  other  motive  power  of  any 
kind  whatever  in  his,  her  or  their  premises  upon  complying 
with  the  provisions  of  this  sub-division  of  this  Article. 


ART.  3.]  ENGINES  AND  MACHINERY — ORDINANCES. 


653 


City  Code,  (1879)  Art.  7,  Sec.  46.  City  Code,  (1893)  Art.  7,  Sec.  107. 

Ord.  97,  December  24,  1900.  Ord.  92,  June  13.  1904. 

139.  Before  any  permit  shall  be  granted,  application 
must  be  made  to  the  Inspector  of  Buildings,  the  said 
application  to  be  made  by  the  person  or  persons  or  corpora- 
tion, on  blanks  which  will  be  furnished  at  the  office  of  the 
Inspector  of  Buildings.  In  filling  out  said  application,  a 
full  description  of  the  premises  in  or  on  which  it  is  to  be 
placed,  used  or  attached  shall  be  given,  and  the  applicant 
or  applicants  shall  also  state  the  character  of  machinery  to 
be  placed  therein,  with  its  power  specifically  designated, 
and  shall  also  answer  all  the  questions  which  may  be  set 
forth  upon  the  blank  as  furnished  by  the  Inspector  of 
Buildings. 


Ord.  92,  June  13,  1904.  Sec.  107A. 

140.  If  the  said  application  describes  the  power  of  the 
proposed  boiler  as  being  of  sufficient  capacity  to  run  an 
engine,  dynamo  or  other  machinery  of  more  than  twenty 
horse-power,  there  shall  be  attached  to  said  application,  in 
addition  to  the  matters  above  set  forth,  the  following 
affidavit,  sworn  to  by  the  person  or  persons,  or  corporation 
who  are  to  own,  lease  or  control  the  said  machinery,  before 
a justice  of  the  peace  or  notary  public  of  the  State  of 
Maryland,  in  and  for  Baltimore  City:  “I  hereby  make 
oath  that  during  the  time  when  the  machinery  described 
in  the  above  application  is  in  regular  use,  it  shall  be  always 
in  the  actual  charge  of  a competent  engineer.  ’ ' 


City  Code,  (1879)  Art.  7,  Sec.  47.  City  Code,  (1893)  Art.  7,  Sec.  108. 

Ord.  97,  December  24,  1900. 

141.  The  Inspector  of  Buildings  shall  have  inserted  in 
one  daily  paper  three  times  within  the  period  of  one  week, 
notice  of  said  application,  naming  a day  and  hour  therein 
previous  to  which  written  protests  or  complaints  may  be 
filed.  Should  no  written  protests  or  complaints  be  received, 
the  Inspector  of  Buildings,  after  being  satisfied  that  all 
conditions  are  favorable,  shall  issue  the  permit,  after  signing 
it  himself, and  having  the  Mayor ^s  approval  indorsed  upon  it. 


Permit. 


Affidavit, 
when  re- 
quired with 
permit. 


Publication 
of  appli- 
cation. 


Prote.st  may  be 
filed. 


654 


BUILDINGS — ORDINAISCES. 


[art.  3. 


Forfeit  for  not 
securing 
permit  for 
power. 


Forfeit  for  not 
securing 
permit  for 
boiler  of 
more  than 
twenty 
horse-power. 


Should  any  written  protest  be  filed,  the  Inspector  of  Build- 
ings shall  investigate  the  same,  and  if  in  his  opinion,  the 
objections  are  not  well  taken,  he  may,  in  the  exercise  of  his 
discretion,  grant  the  permit  for  the  same,  with  the  Mayor’s 
approval,  notwithstanding  the  protest  which  may  have 
been  filed  to  the  granting  of  the  same.  When  application 
is  made  for  a permit,  a sum  sufficient  to  cover  the  cost  of 
advertisement  shall  be  deposited  with  the  Inspector  of 
Buildings. 


City  Code,  (1879)  Art.  7,  Sec.  48.  City  Code,  (1893)  Art.  7,  Sec.  109. 

Ord.  97,  December  24,  1900.  Ord.  92,  June  13,  1904. 

142.  Any  person  or  persons  who  shall  introduce  steam, 
gas  or  gasoline  for  power  uses,  or  any  other  motive  power 
or  an  engine  or  machinery  operated  by  such  power  on  his, 
her  or  their  premises,  without  first  filing  an  application  for 
a permit  in  the  manner  and  form  as  prescribed  in  section 
139  of  this  Article  and  obtaining  such  permit  shall  forfeit 
and  pay  a fine  of  twenty-five  dollars,  and  ten  dollars 
additional  for  every  day  the  same  shall  remain  without 
such  permit ; said  permit  to  be  revocable  by  the  Inspector 
of  Buildings  upon  the  approval  of  the  Mayor  ; and  the 
machinery,  upon  said  permit  being  revoked,  shall  be 
removed  within  three  months  after  notice  from  the 
Inspector  of  Buildings,  approved  by  the  Mayor,  unless  an 
appeal  be  taken  as  provided  by  section  2 of  this  Article. 
A failure  on  the  part  of  any  person  or  persons  taking  such 
appeal  to  comply  with  the  requirements  of  the  arbitrators 
upon  the  determination  of  such  appeal,  shall  subject  such 
person  or  persons  to  the  same  penalties  as  are  provided  in 
this  section  for  the  introduction  of  power  without  a permit. 


Ord.  92,  June  13,  1904,  Sec.  109A. 

143.  Any  person  or  persons  who  shall  introduce  a 
boiler  for  the  operation  of  an  engine,  dynamo  or  other 
machinery  of  more  than  twenty  horse-power  without  first 
obtaining  a permit  for  the  same  in  manner  and  form  as  set 
forth  in  section  139,  and  shall  fail  to  make  and  attach  to 


ART.  3.]  ENGINES  AND  MACHINERY — ORDINANCES. 


655 


the  application  therefor  the  affidavit  prescribed  by  sec- 
tion 140  of  this  Article,  such  person  or  persons  shall  forfeit 
and  pay  a fine  of  twenty-five  dollars,  and  ten  dollars 
additional  for  every  day  the  same  shall  remain  without  a 
permit ; said  permit  to  be  revocable  by  the  Inspector  of 
Buildings,  upon  approval  of  the  Mayor  ; and  the  machinery, 
upon  said  permit  being  revoked,  shall  be  removed  within 
three  months  after  notice  from  the  Inspector  of  Buildings, 
approved  by  the  Mayor,  unless  an  appeal  from  the  order  of 
the  Inspector  of  Buildings  requiring  such  removal  be  taken 
as  provided  by  section  2 of  this  Article. 


Ord.  92,  June  13,  1904,  Sec.  109B. 

144.  Any  person  obtaining  a permit  involving  the  use  Penalties  for 
of  power  to  which  the  provisions  of  section  140  are  apph-  ^th  permit 
cable,  who  shall  at  any  time  be  guilty  of  a violation  of  the  removed, 
oath,  as  set  forth  in  section  140,  shall  forfeit  and  pay  a fine 
of  not  less  than  five  and  not  more  than  one  hundred  dollars 
for  the  first  offense  ; not  less  than  twenty-five  and  not  more 
than  one  hundred  and  twenty-five  dollars  for  the  second 
offense ; and  should  the  said  violation  be  the  first  or  any 
subsequent  offense,  the  Inspector  of  Buildings,  in  his  dis- 
cretion, if  the  conditions  render  such  action  advisable,  shall, 
in  addition  to  the  fine  imposed,  revoke  the  said  permit,  (if 
such  revocation  shall  be  approved  by  the  Mayor) , and  the 
machinery,  upon  said  permit  being  revoked,  shall  be 
removed  within  three  months  after  notice  from  the 
Inspector  of  Buildings,  approved  by  the  Mayor. 


City  Code,  (1879)  Art.  7,  Sec.  49.  City  Code,  (1893)  Art.  7,  Sec.  110. 

Ord.  97,  December  24,  1900. 

145.  Any  person  or  persons  who  may  have,  or  shall  . , 

1 J}  1 • • • 1 C 1 Proviso  for 

hereafter  obtain,  permission  tor  the  use  of  power  under  changes, 
the  provisions  of  sections '138  to  141,  inclusive,  of  this 
Article,  and  desiring  to  change  to  greater  or  less  capacity, 
shall,  before  making  any  such  change,  proceed  as  in  case 
of  a new  instalment,  and  any  violation  of  this  section  will 
subject  the  offender  to  penalty,  as  provided  in  the  next 
preceding  section. 


656 


BUII.DINGS — ORDINANCES . 


[art.  3. 


Storage-tanks. 


Ten  pound 
pressure 
boilers. 


Penalty  for 
non-obser- 
vance. 


Ord.  97,  Dec.  24,  1900,  Sec.  IIOA. 

146.  The  gasoline  power,  as  named  in  sections  138  to 
145,  inclusive  of  this  Article  is  not  to  conflict  or  nullify 
any  existing  ordinances  regarding  storage  tanks  for 
gasoline  for  gasoline  engines. 


Ord.  97,  Dec.  24,  1900,  Sec.  HOB. 

147.  Permits  may  be  granted  by  the  Inspector  of 
Buildings  for  low-pressure  steam  boilers  used  for  heating 
purposes  only,  in  all  cases  where  the  power  does  not  exceed 
ten  pounds  of  pressure.  The  application  shall  be  made  in 
the  same  m^anner  for  the  placing  of  low-pressure  steam 
boilers  as  required  for  all  other  steam  boilers  under  the 
provisions  of  sections  138,  139  and  140  of  this  Article, 
except  no  advertisement  will  be  necessary  before  the 
issuance  of  the  permit. 


Ord.  97,  Dec.  24,  1900,  Sec.  HOC. 

148.  Any  person  or  persons  placing  upon  their  premises 
any  low-pressure  steam  boiler,  used  for  heating  purposes 
as  hereinbefore  designated,  without  having  first  obtained 
a permit  therefor,  will  be  subject  to  a fine  of  twenty  dollars,  • 
($20)  and  an  additional  fine  of  five  dollars  ($5)  for  each 
and  every  day  thereafter,  until  the  permit  is  obtained.  If 
any  person  or  persons  having  a low-pressure  boiler  or 
boilers,  for  which  a permit  has  been  properly  issued,  for 
heating  purposes  make  any  attachment  for  power  purposes, 
or  run  any  machinery  of  any  kind  whatever  by  said  boiler, 
they  shall  be  subject  to  a fine  of  five  hundred  dollars, 
($500)  and  ten  dollars  ($10)  additional  for  every  day  such 
attachments  are  permitted  to  remain  connected. 


Ord.  97,  Dec.  24,  1900,  Sec.  HOD. 

149.  If  any  person  or  persons  or  corporation,  after 
having  placed  a low-pressure  boiler  upon  his,  their  or  its 
premises,  as  hereinbefore  provided  for,  shall  cause  or  allow 


[art.  3.  CONDEMNED  BUILDINGS — ORDINANCES. 


657 


the  pressure  upon  said  boiler  to  exceed  ten  pounds,  he, 
they  or  it  shall  be  liable  to  a fine  of  one  hundred  dollars 
($100)  for  each  offense. 

UNSAFE  AND  CONDEMNED  BUILDINGS. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  94.  Ord.  82, 

July  25,  1902. 

1 50.  If  any  wall  or  building,  or  any  part  of  any  struct- 
ure of  any  kind,  shall  from  any  cause  whatever  be  in  a 
condition  as  to  be  a menace  to  the  safety  of  persons  or 
property,  it  shall  be  the  duty  of  the  Inspector  of  Buildings, 
as  the  head  of  the  third  Sub-Department  of  Public  Safety,  unsafe 
to  give  notice  in  writing  to  the  owner  or  owners  of  such  duty  of 
unsafe  conditions,  or  to  his,  her  or  their  agents  or  repre-  Buildings, 
sentatives,  and  require  the  same  to  be  made  safe  and 
secure  or  removed,  as  speedily  as  in  the  judgment  of  the 
Inspector  of  Buildings  the  emergency  of  the  case  demands ; 
and  it  shall  be  the  duty  of  such  person  or  persons,  whether 
owner,  agent  or  representative,  to  comply  with  such  notice 
from  the  Inspector  of  Buildings,  and  any  failure  or  neglect 
so  to  do  shall  subject  the  owner,  agent  or  representative 
to  a fine  of  twenty  dollars,  ($20)  and  an  additional  fine  of 
ten  dollars  ($10)  for  each  and  every  day  there  is  a contin- 
uance of  such  failure  or  neglect ; this  however  does  not 
exclude  any  owner,  agent  or  representative  from  any  right 
of  appeal  from  the  decision  of  the  Inspector  of  Buildings, 
as  provided  for  in  section  2 of  this  Article. 


Orel.  81,  May  27,  1895.  Ord.  82,  July  25,  1902,  Sec.  94A. 

151.  If  any  wall  or  building  or  any  part  of  any  structure  proceedings 
of  any  kind  shall  be  in  a condition  as  described  in  section 
150,  and  the  notice  from  the  Inspector  of  Buildings  as 
therein  required  having  been  served,  and  a failure  or  neglect 
to  comply  with  said  notice  continue  at  the  expiration  of  the 
time  stated  in  said  notice  within  which  said  repairs,  secur- 
ing or  removing  shall  proceed,  the  Inspector  of  Buildings 
shall,  in  addition  to  the  penalty  stated  in  section  150,  cause  ^pdsred°in^ 
a poster  to  be  placed  in  some  conspicuous  place  on  the 


658 


BUILDINGS — ORDINANCES . 


[art.  3 


premises  notifying  all  persons  interested  that  a notice 
having  been  given  in  accordance  with  section  150  of  this 
Article  and  the  same  having  been  disregarded  or  neglected, 
the  Inspector  of  Buildings,  representing  the  Mayor  and 
City  Council  of  Baltimore,  will  proceed,  at  the  expiration 
of  ten  days  from  the  date  of  said  poster,  to  make  the 
premises  safe  and  secure  to  persons  and  property  in  what- 
ever way  may  be  necessary  so  to  do,  and  whatever  expense 
shall  be  incurred  in  any  proceeding  called  for  under  this 
sub-division  of  this  Article  the  same  shall  be  paid  by  the 
City  Register  out  of  any  unappropriated  money  in  the 
treasury,  and  any  or  all  parties  interested  in  the  premises 
shall  become  indebted  to  the  Mayor  and  City  Council  of 
Baltimore  for  the  full  amount  expended;  and  the  claim 
shall  become  a lien  on  the  entire  lot  within  the  described 
bounds  of  the  premises,  and  all  property  on  said  lot,  and 
^eSpensesto  should  the  indebtedness  not  be  paid  to  the  Comptroller 
afte?oSe^^'^  wlthin  One  year  from  incurring  the  expense,  the  Comptrol- 
year.  shall  place  the  claim  in  the  charge  of  the  City  Solicitor 

for  foreclosure  and  recovery  of  the  money,  including  all 
costs  and  interest.** 

Ord,  82,  July  25,  1902,  Sec.  94B. 

152.  The  Inspector  of  Buildings  shall  secure  the 
Approval  of  approval  of  the  Mayor  before  proceeding  to  remove  or 

Mayor.  socuro  any  premises  as  required  in  section  151. 

Ord.  82,  July  25,  1902,  Sec.  94C. 

153.  Should  any  special  emergency  occur,  where  the 
delay  of  proceeding,  as  required  by  sections  150,  151  and 
153,  of  this  Article,  would  result  in  loss  of  life  or  property 
and  immediate  action  would  be  necessary,  the  Mayor  shall 
have  the  power  to  direct  the  Inspector  of  Buildings  to  pro- 

^ ceed  at  once  to  take  such  action  as  is  needed  to  guard  the 

safety  of  persons  and  property,  and  should  it  become 


**NoTE. — The  lien  created  the  provisions  of  this  section  is  now 
valid  and  enforceable  under  the  provisions  of  the  Act  of  1906,  re-enacting 
section  6 of  the  City  Charter, title  “General  Powers,”  sub-title  “Build- 
ings,” ante. 


ART.  3.] 


VAULTS  AND  AREAS — ORDINANCES. 


659 


necessary  on  accoyint  of  great  risks  in  approaching,  to 
demolish  or  throw  any  wall  or  structure,  the  city  and  its 
officers  shall  be  harmless  from  any  damage  that  might 
occur  from  such  necessary  demolition,  and  the  whole  risk 
to  be  on  the  owner,  owners  or  representatives  of  the 
defective  property. 


VAULTS  AND  AREAS. 

Orel.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  23. 

154.  No  person  or  persons  shall  construct,  or  cause  to  permits  for 
be  constructed,  any  vault  or  area- way  in  any  of  the  streets,  Iteas^. 
lanes  or  alleys  of  the  city,  before  the  same  shall  have  been 
approved  by  the  Board  of  Estimates  and  a permit  therefor 
issued  by  the  Inspector  of  Buildings. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  24- 

155.  Every  application  for  permission  to  erect  such  AppHcation 
vault  or  area  shall  be  made  to  the  Board  of  Estimates 
through  the  Inspector  of  Buildings,  said  application  to  be 
on  the  blank  forms  prepared  for  the  purpose  properly  filled 
in  and  signed  by  the  person  making  the  same  and  shall  be 
completed  and  the  ground  closed  over  them  within  three 
weeks  after  they  are  commenced,  unless  the  Inspector  of 
Buildings  extends  the  time  for  the  completion  of  same, 
which  he  is  hereby  authorized  to  do  in  cases  where  he  may 
deem  the  same  necessary  and  expedient.  The  person 
applying  shall  pay  (upon  being  notified  by  the  Inspector 
of  Buildings  of  the  approval  of  the  application)  to  the 
Comptroller  the  charges  placed  by  the  Board  of  Estimates 
before  the  permit  can  be  issued.  Should  such  vault  or  area 
be  constructed  larger  than  the  size  stated  in  the  application 
said  permit  shall  become  null  and  void  or  subject  to  what- 
ever action  the  Board  of  Estimates  shall  decide.  In  no 
case  shall  the  walls  of  said  vault  be  less  than  eighteen 
inches  thick,  and  shall  be  of  such  increased  thickness  as  in 
the  judgment  of  the  Inspector  of  Buildings  the  length  and 
depth  of  the  vault  shall  require. 


660 


BUII.DINGS — ORDINANCES . 


[art.  3. 


City  Code,  (1879)  Art.  47,  Sec.  104.  City  Code,  (1893)  Art.  48,  Sec.  121. 

E Very  description  of  Opening  bclow  the  surfacc  of 
vault  or  area.  Street,  in  front  of  any  shop,  store,  house  or  other 

building,  whether  covered  or  open,  except  cellar  doorways 
and  cellar  steps,  shall  be  considered  and  held  to  be  a vault 
or  area  within  the  meaning  of  this  Article. 


City  Code,  (1879)  Art.  47,  Sec.  105.  City  Code,  (1893)  Art.  48,  Sec.  122. 

157.  All  entrances  to  the  cellars  or  basements  of  any 
store  or  dwelling  house,  in  any  street,  lane  or  alley  of  the 
Entrances  to  city,  which  has  steps  descending  below  the  level  of  the  side- 
basements,  walk  shall  be  covered,  when  not  in  actual  use,  with  good  and 
covered  or  sufficient  iron  or  wooden  doors  or  grates,  on  or  above  the 
enclosed.  sidewalk,  or  be  surrounded  with  good  and 

sufficient  wood  or  iron  railings,  of  a height  sufficient  to  pre- 
vent danger  to  the  lives  or  limbs  of  persons  who  may  be 
passing  along  said  street,  lane  or  alley ; and  any  person 
violating  this  section  shall  pay  a fine  of  ten  dollars  ($10) 
for  each  and  every  offence,  and  a further  fine  of  five  dollars 
($5)  for  every  ten  days  such  entrance  shall  remain  without 
such  door  or  railing,  after  the  first  conviction. 

City  Code,  (1879)  Art.  47,  Sec.  110.  City  Code,  (1893)  Art.  48,  Sec.  127. 

Precautions  158.  The  owner  or  occupant  of  any  house  or  lot  before 
accident  dur  which  any  vault  or  opening  for  cellar  doors,  areas  or  steps 
tfon^S'iau'itsis  being  constructed,  shall  fence  off  the  pavement  on  the 
or  areas.  left  of  the  improvement,  and  during  the  whole 

of  every  night  whilst  such  vault  or  opening  is  uncovered 
or  unenclosed,  cause  a lighted  lamp  or  lantern  to  be  placed 
at  some  convenient  spot,  so  as  to  cast  its  light  upon  such 
vault  or  opening,  under  the  penalty  of  five  dollars  ($5) 
for  each  and  every  night,  or  part  of  a night,  during  which 
such  lamp  or  lantern  shall  be  neglected  to  be  placed,  kept 
or  lighted  as  aforesaid. 


City  Code,  (1879)  Art.  47,  Sec.  106.  City  Code,  (1893)  Art.  48,  Sec.  123. 

159.  All  cellar  doors,  the  construction  of  which  shall 
be  authorized  by  law,  shall  not  be  altered  or  repaired  except 


ART.  3.] 


WALLS  OF  BUILDINGS— ORDINANCES. 


661 


in  conformity  with  the  requirements  of  the  permit  obtained 

from  the  Inspector  of  Buildings  authorizing  such  alteration  and  repair  of 

or  repairs  ; if  any  person  shall  refuse  or  neglect  to  conform 

to  any  of  the  provisions  of  this  section  he  or  she  shall  forfeit 

and  pay  the  sum  of  five  dollars  for  each  offence  and  one  pe„aity. 

dollar  for  every  day  thereafter  until  such  provisions  are 

complied  with. 


City  Code,  (1879)  Art.  47,  Sec.  109.  City  Code,  (1893)  Art.  48,  Sec.  126. 

160.  The  coverings  of  all  vaults  or  apertures  placed  in 
the  foot  ways  in  the  several  streets,  lanes  or  alleys  of  the  fP^Yway?.'“ 
city  under  authority  of  law,  shall  be  constructed  as  required 
by  the  permit  authorizing  their  construction  and  shall  be 
maintained  thereafter  in  conformity  with  the  requirements 
of  such  permit;  a violation  of  any  of  the  provisions  of  this 
section  shall  subject  the  person  or  persons  or  corporation 
so  offending,  to  a penalty  of  ten  dollars,  and  a further  pen- 
alty of  one  dollar  for  each  day  such  coverings  shall  remain 
after  notice  in  writing  given  by  the  City  Engineer. 


WALLS  OF  BUILDINGS. 

Footings  of  Walls. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  12. 

161.  The  footing  or  base  courses  under  all  foundation  Base  courses, 
walls,  piers,  columns,  posts  or  pillars  resting  on  the  earth, 
shall  be  of  brick,  stone  or  concrete,  and  if  under  water, 
wood  may  be  used,  and  if  brick  or  concrete  be  used  under 
a foundation  wall,  if  practicable,  it  shall  be  at  least  twelve 
inches  wider  than  said  walls,  and  if  under  piers,  columns, 
posts  or  pillars  shall  be  at  least  twelve  inches  wider  on  all 
sides  than  the  bottom  of  said  piers,  columns,  posts  or 
pillars,  and  not  less  than  sixteen  inches  in  thickness  ; if 
built  of  stone,  the  stones  thereof  shall  not  be  less  than 
three  by  three  feet,  and  at  least  six  inches  in  thickness, 
and  all  base  stones  shall  be  well  bedded  and  laid  edge  to 
edge,  and  if  the  walls  be  built  of  piers,  and  the  nature  of 
the  soil  and  requirements  of  the  superstructure  render  it 
necessary,  then  there  must  be  inverted  arches  at  least 


662 


BUILDINGS — ORDINANCES . 


[art.  3. 


Outside  or 
division 
walls. 


Foundation 

walls. 


Rock  bottoms 


Excavations. 


twelve  inches  thick  turned  under  and  between  the  piers, 
or  two  footing  courses  of  large  stone  at  least  eight  inches 
thick  in  each  course. 


Foundation  and  Division  Walls. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  3. 

162.  All  buildings  hereafter  erected  within  the  said 
building  limits  defined  in  section  4 of  this  Article  shall  have 
all  outside  or  division  walls  constructed  of  stone,  brick, 
iron  or  other  non-combustible  material,  properly  bonded 
and  solidly  put  together  and  all  such  walls  shall  be  built  to 
a line  and  carried  up  plumb  and  straight,  and  the  several 
component  parts  of  such  buildings  shall  be  constructed  in 
such  manner  as  herein  provided. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  A. 

163.  All  foundation  walls  shall  be  laid  not  less  than 
three  feet  below  the  exposed  surface  of  the  earth  on  a 
good,  solid  bottom ; and  in  case  the  nature  of  the  earth 
should  require  it,  a bottom  of  driven  piles,  flagstones, 
concrete  or  laid  timbers,  of  sufficient  size  and  thickness, 
shall  be  laid,  to  prevent  the  walls  from  settling ; and  all 
piers,  columns,  post  or  pillars  resting  on  the  earth  shall  be 
set  upon  a bottom  in  the  same  manner  as  the  foundation 
walls. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  5. 

164.  Whenever  the  foundation  wall  or  walls  of  any 
building  that  may  hereafter  be  erected  shall  be  placed  on 
a rock  bottom,  the  said  rock  shall  be  benched  or  leveled  to 
receive  the  same  ; and  all  excavations  upon  the  front  or 
side  of  any  lot  adjoining  the  street  shall  be  properly 
guarded  and  protected  by  the  person  or  persons  having 
charge  thereof,  so  as  to  prevent  the  same  from  being  or 
becoming  dangerous  to  limb  or  life. 


ART.  3.] 


PARTY  WALLS  — ORDINANCES. 


663 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  6. 

165.  Whenever  the  owner  or  owners  of  property  wish 
to  excavate  to  a depth  not  exceeding  ten  feet  below  the 
top  of  the  kerb  in  front  of  the  wall  to  be  underpinned,  and  f^et. 
there  shall  be  any  party  or  other  walls  wholly  or  partly 
upon  adjoining  land,  and  standing  upon  or  near  the 
boundary  line  of  said  lot,  and  the  owner  or  owners  refuse 
to  underpin  or  protect  said  walls  after  having  had  notice 
of  twenty-four  hours  from  the  Inspector  of  Buildings  so  to 
do,  he  may  enter  upon  the  premises  and  employ  such  labor 
and  take  such  steps  as  in  his  judgment  may  be  necessary 
to  make  the  same  safe  and  secure,  or  to  prevent  the  same 
from  becoming  unsafe  or  dangerous,  at  the  expense  of  the 
person  or  persons  owning  said  wall  or  building  of  which  it 
may  be  a part ; and  any  person  or  persons  doing  said  work, 
or  any  part  thereof,  under  and  by  the  direction  of  the 
Inspector  of  Buildings  may  bring  and  maintain  an  action 
against  the  owner  or  owners,  or  any  one  of  them,  of  the 
said  wall  or  building  of  which  it  may  be  a part,  for  any 
work  done  or  materials  furnished  in  and  about  the  said 
premises,  in  the  same  manner  as  if  he  had  been  employed 
to  do  the  work  by  the  owner  or  owners  of  the  premises. 


Party  B^aZZs.* 

Orel.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  7. 

166.  When  parties  building  wish  to  excavate  in  depth  underpinning 
exceeding  ten  feet,  they  shall  notify  the  property  owners  Tav^tfon^'is 
adjoining  of  the  depth  they  wish  to  excavate  and  they  shall 
reimburse  the  owners  of  adjoining  wails  for  the  expense 
which  the  same  may  incur  below  the  depth  of  ten  feet, 
and  the  party  causing  such  excavation  to  be  made 
may  recover  compensation  from  the  adjoining  owner  in 
case  such  adjoining  owner  should  at  any  time  thereafter 
make  any  use  of  said  foundation  walls  below  said  ten  feet 
below  grade. 


‘Note. — As  to  party  walls,  see  Serio  v.  Murphy,  99  Md.  545. 


664 


BUII.DINGS — ORDINANCES. 


[art.  3. 


Repair  or 
removal  of 
party  walls. 


Use  of  party 
walls. 


Expense. 


New  wall. 


Orel.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  8. 

167.  The  Inspector  of  Buildings  shall,  upon  the  applica- 
tion of  any  owner  or  owners  of  any  building,  or  their 
authorized  agents,  examine  any  or  all  existing  party  walls, 
and  if  they  are  deemed  by  him  to  be  defective,  out  of 
repair  or  otherwise  unfit  for  the  purpose  of  new  buildings 
about  to  be  erected,  such  party  wall  or  walls  shall  be  re- 
paired, or  made  good,  or  taken  down  by  the  parties 
building,  as  the  decision  of  the  Inspector  of  Buildings  may 
be,  the  cost  and  expense  of  which  repair  or  removal, 
together  with  the  expense  of  the  new  wall  or  walls  to  be 
erected  in  lieu  thereof,  shall  be  borne  and  paid  exclusively 
by  the  parties  building,  and  they  shall  also  make  good  all 
damages  occasioned  thereby  to  the  adjoining  premises. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  vSec.  9. 

168.  When  the  owner  or  owners  of  adjoining  property 
wish  to  use  a larger  portion  of  said  new  wall  or  walls  than 
that  occupied  by  the  building  at  the  time  when  the  said 
new  wall  or  walls  were  built,  as  explained  in  section  167 
of  this  Article,  they  may  use  the  entire  new  wall  or  walls, 
or  any  portion  thereof  but  in  no  case  shall  they  insert  their 
joist  beyond  the  party  lines,  provided  that  they  reimburse 
the  owners  of  the  said  new  wall  or  walls  for  that  portion 
used  in  excess  of  the  space  occupied  by  the  said  building 
when  the  said  wall  or  walls  were  built,  at  the  rate  of  one- 
half  the  cost  of  that  portion  of  the  wall  which  is  so  used, 
providing  it  does  not  exceed  one-half  the  cost  of  an 
eighteen-inch  wall,  at  a fair  valuation  by  disinterested 
parties,  when  the  said  wall  or  walls  are  used. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  10. 

169.  If,  in  such  case,  the  owner  or  owners  prefer  to 
build  an  independent  new  wall  of  their  own  by  the  side  of 
the  old  party  wall,  they  shall  be  relieved  from  all  expense 
incurred  in  repairing  the  old  wall. 


ART.  3.]  CONSTRUCTION  OF  WAULS — ORDINANCES. 


665 


Thickness  and  Construction  of  Walls. 

City  Code,  (1893)  Art.  7,  Sec.  13.  Ord.  63,  March  21,  1904. 

170.  All  foundation  walls,  isolated  piers,  parapet  walls 
and  chimneys  above  roofs  shall  be  laid  in  cement  mortar,  jion  waits, 
But  this  shall  not  prohibit  the  use  of  a small  portion  of  piers,  etc. 
lime  in  the  mortar  in  which  face  bricks  are  laid.  All  other 
walls  built  of  brick  or  stone  shall  be  laid  in  lime,  cement, 
or  lime  and  cement  mortar  mixed.  The  backing  up  of  all 
stone  ashler  shall  be  laid  up  with  cement  mortar,  or 
cement  and  lime  mortar  mixed,  but  the  back  of  the  ashler 
may  be  parged  with  lime  mortar  to  prevent  discoloration 
of  the  stone.  All  foundation  walls  or  cellars  shall  be  built 
of  stone  or  bricks  laid  in  cement.  If  built  of  stone  they 
shall  at  least  be  six  inches  thicker  than  the  wall  next  above 
them  to  a depth  of  t^velve  feet  below  kerb  level  and  shall 
be  increased  six  inches  in  thickness  for  each  and  every  ten 
feet  or  part  thereof  additional  depth  beyond  the  twelve 
feet  above  specified.  If  foundation  walls  are  built  of  brick, 
they  must  be  at  least  four  inches  thicker  than  the  walls 
next  above  them  and  must  be  increased  four  inches  in 
thickness  for  additional  depths  as  specified  for  stone  walls. 

All  walls  and  footings  must  start  at  least  twelve  inches  waiis  and 
below  finished  cellar  level.  The  expression  “walls  for 
dwelling  houses,  shall  be  taken  to  mean  and  include  in 
this  class,  walls  for  the  following  buildings:  apartment waiis of 
houses,  hotels,  asylums,  laboratories,  club  houses,  lodging 
houses,  convents,  parish  buildings,  dormitories,  schools, 
dwellings,  studios,  hospitals  and  tenements.  The  walls  above 
the  basement  of  dwelling  houses  not  over  three  stories  and 
basement,  nor  more  than  forty-five  feet  in  height,  and  not 
over  twenty  feet  front  and  not  over  fifty-five  f eet'in  depth, 
shall  have  side  and  party  walls  not  less  than  nine  inches 
thick,  and  front  and  rear  walls  not  less  than  thirteen  inch- 
es  thick.  All  walls  of  dwellings  exceeding  twenty  feet 
front  and  not  exceeding  forty  feet  in  height  shall  be  not 
less  than  thirteen  inches  thick.  All  walls  of  dwellings 
exceeding  twenty  feet  front,  and  between  bearing  walls 
which  are  hereafter  erected  or  which  may  be  altered  to  be 
used  for  dwellings,  and  being  over  forty  feet  in  height, 


666 


BUILDINGS — ORDINANCES. 


[art.  3. 


Walls  over 
50  feet, 


Walls  over 
60  feet. 


Walls  over 
75  feet. 


Walls  over 
100  feet. 


Walls  over 
125  feet. 


and  not  over  fifty  feet  in  height,  shall  be  not  less  than 
thirteen  inches  thick  above  the  foundation  wall.  No  walls 
shall  be  built  having  a thirteen-inch  thick  portion  measur- 
ing vertically  more  than  fifty  feet.  If  over  fifty  feet  in 
height  and  not  over  sixty  feet  in  height,  the  walls  shall 
be  not  less  than  seventeen  inches  thick  in  the  story  next 
above  the  foundation  walls,  and  from  thence  not  less  than 
thirteen  inches  to  the  top.  If  over  sixty  feet  in  height 
and  not  over  seventy-five  feet  in  height,  the  wall  shall  be 
not  less  than  seventeen  inches  thick  above  the  foundation 
walls  to  the  height  of  twenty-five  feet,  or  to  the  nearest 
tier  of  beams  to  that  height,  and  from  thence  not  less  than 
thirteen  inches  thick  to  the  top.  If  over  seventy-five  feet 
in  height  and  not  over  one  hundred  feet  in  height,  the  walls 
shall  be  not  less  than  twenty-one  inches  thick  above  the 
foundation  walls  to  the  height  of  forty  feet,  or  to  the  near- 
est tier  of  beams  to  that  height,  thence  not  less  than 
seventeen  inches  thick  to  the  height  of  seventy -five  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  thence  not 
less  than  thirteen  inches  thick  to  the  top.  If  over  one 
hundred  feet  in  height  and  not  over  one  hundred  and 
twenty-five  feet  in  height,  the  walls  shall  be  not  less  than 
twenty-five  inches  thick  above  the  foundation  walls  to  the 
height  of  forty  feet,  or  to  the  nearest  tier  of  beams  to 
that  height,  thence  not  less  than  twenty-one  inches  thick 
to  the  height  of  seventy-five  feet,  or  to  the  nearest  tier  of 
beams  to  that  height,  thence  not  less  than  seventeen  inches 
thick  to  the  height  of  one  hundred  and  ten  feet,  or  to 
the  nearest  tier  of  beams  to  that  height,  and  thence  not 
less  than  thirteen  inches  thick  to  the  top.  If  over  one 
hundred  and  twenty-five  feet  in  height  and  not  over  one 
hundred  and  fifty  feet  in  height,  the  walls  shall  be  not  less 
than  twenty-nine  inches  thick  above  the  foundation  walls 
to  the  height  of  thirty  feet,  or  to  the  nearest  tier  of  beams 
to  that  height,  thence  not  less  than  twenty-five  inches 
thick  to  the  height  of  sixty-five  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  thence  not  less  than  twenty-one 
inches  thick  to  the  height  of  one  hundred  feet,  or  to  the 
nearest  tier  of  beams  to  that  height,  thence  not  less  than 
seventeen  inches  thick  to  the  height  of  one  hundred  and 


ART.  3.]  THICKNESS  OF  DWELLING  WALLS — ORDINANCES. 


667 


thirty-five  feet,  or  the  nearest  tier  of  beams  to  that  height, 
thence  not  less  than  thirteen  inches  thick  to  the  top.  If 
over  one  hundred  and  fifty  feet  in  height,  each  additional 
thirty  feet  in  height  or  part  thereof,  next  above  the  found- 
ation walls,  shall  be  increased  four  inches  in  thickness,  the 
upper  one  hundred  and  fifty  feet  of  wall  remaining  the 
same  as  specified  for  a wall  of  that  height. 


Construction  and  Thickness  of  Dwelling  Walls. 

City  Code,  (1893)  Art.  7,  Sec.  13A.  Ord.  63,  March  21,  1904. 

171.  All  non-fireproof  dwelling  houses  erected  under  No^fireprooi 
this  Article  exceeding  twenty-six  feet  in  width  shall  have  houses, 
brick  fore  and  aft  partition  walls.  All  non-bearing  walls 
of  buildings  hereinbefore  in  this  Article  specified  may  be  four 
inches  less  in  thickness  ; provided,  however,  that  none  are 
less  than  tv/elve  inches  thick,  except  as  in  this  Article 
specified. 


City  Code.  (1893)  Art.  7,  Sec.  13B.  Ord.  63,  March  21,  1904. 

172.  Nine-inch  brick  partition  walls  may  be  built  to  Brick  parti- 
support  the  beams  in  such  buildings  in  which  the  distance 
between  the  main  or  bearing  walls  is  not  over  thirty-three 
feet.  If  the  distance  between  the  main  or  bearing  walls 
is  over  thirty-three  feet  the  brick  partition  wall  shall  be 
not  less  than  thirteen  inches  thick  ; provided,  that  no  clear 
span  is  over  twenty-six  feet. 


City  Code,  (1893)  Art.  7,  Sec.  13C.  Ord.  63,  March  21,  1904. 

173.  No  wall  shall  be  built  having  any  one  thickness  Height  of 
measuring  vertically  more  than  fifty  feet.  This  Article  ne“l  wSi?' 
shall  not  be  construed  to  prevent  the  use  of  iron  or  steel 
girders,  or  iron  girders  and  columns,  or  piers  of  masonr'y, 
for  the  support  of  the  walls  and  ceilings  over  any  room 
which  has  a clear  span  of  more  than  twenty-six  feet 
between  walls  in  such  dwellings  as  are  not  constructed  ^''o^coYumns 
fireproof.  Nor  to  prohibit  the  use  of  iron  or  steel  girders,  hfbiteS' 


668 


BUILDINGS — ORDINANCES . 


[art.  3. 


Bearing  walls. 


Centre  wall 
specifica- 
tions. 


Walls  of 
warehouses. 


or  iron  or  steel  girders  or  columns  in  place  of  brick  walls 
in  buildings  which  are  to  be  used  for  dwellings  when  con- 
structed fireproof. 


City  Code,  (1893)  Art.  7,  Sec.  13D.  Ord.  63,  March  21,  1904. 

174.  If  the  clear  span  is  to  be  over  twenty-six  feet 
then  the  bearing  walls  shall  be  increased  four  inches  in 
thickness  for  every  twelve  and  one-half  feet  or  part  thereof 
that  said  span  is  over  twenty-six  feet ; or  shall  have  instead 
of  the  increased  thickness  such  piers  or  buttresses  as,  in 
the  judgment  of  the  Inspector  of  Buildings,  may  be 
necessary. 


City  Code,  (1893)  Art.  7,  Sec.  13E.  Ord.  63,  March  21,  1904. 

175.  Whenever  two  or  more  dwelling  houses  shall  be 
constructed  not  over  twelve  feet  six  inches  in  width,  and 
not  over  fifty  feet  in  height,  the  alternating  centre  wall 
between  any  two  such  houses  shall  be  of  brick  not  less 
than  nine  inches  above  the  foundation  wall ; and  the  ends 
of  the  fioor  beams  shall  be  so  separated  that  four  inches  of 
brick-work  will  be  between  the  beams  where  they  rest  on 
said  centre  wall. 


Walls  of  Warehouses. 

City  Code,  (1893)  Art.  7,  Sec.  13F.  Ord.  63,  March  21,  1904. 

176.  The  expression  “walls  for  warehouses,^’  shall  be 
taken  to  mean  and  include  in  this  class,  walls  of  the  follow- 
ing buildings  : Armories,  observatories,  breweries,  office 
buildings,  churches,  police  stations,  cooperage  shops, 
printing  houses,  court  houses,  public  assembly  buildings, 
factories,  pumping  stations,  foundries,  railroad  buildings, 
jails,  refrigerating  houses,  libraries,  slaughter  houses, 
light  and  power  houses,  stables,  machine  shops,  stores, 
markets,  sugar  refineries,  mills,  theatres,  museums,  ware- 
houses, wheelwright  shops.  The  walls  of  all  warehouses 
twenty-five  feet  or  less  front  between  walls  or  bearings 
shall  be  not  less  than  thirteen  inches  thick  to  the  height 


ART.  3.]  WALLS  OF  WAREHOUSES — ORDINANCES. 


669 


of  forty  feet  above  the  foundation  walls.  If  over  forty 
feet  in  height  and  not  over  sixty  feet  in  height,  the  walls 
shall  be  not  less  than  seventeen  inches  thick  above  the  height, 
foundation  walls  to  the  height  of  forty  feet,  or  to  the 
nearest  tier  of  beams  to  that  height,  and  thence  not  less 
than  thirteen  inches  thick  to  the  top.  If  over  sixty  feet  in 
height  and  not  over  seventy-five  feet  in  height,  the  walls  75 

shall  not  be  less  than  twenty-one  inches  thick  above  the  {feVght. 
foundation  walls  to  the  height  of  twenty-five  feet,  or  to 
the  nearest  tier  of  beams  to  that  height,  and  thence  not 
less  than  seventeen  inches  thick  to  the  top.  If  over 
seventy-five  feet  in  height  and  not  over  one  hundred  feet 
in  height,  the  walls  shall  be  not  less  than  twenty-five 
inches  thick  above  the  foundation  walls  to  the  height  of 
forty  feet,  or  to  the  nearest  tier  of  beams  to  that  height, 
thence  not  less  than  twenty-one  inches  thick  to  the  height 
of  seventy-five  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  thence  not  less  than  seventeen  inches  thick  to 
the  top.  If  over  one  hundred  feet  in  height  and  not  over 
one  hundred  and  twenty-five  feet  in  height,  the  walls  shall  jf 
be  not  less  than  twenty-nine  inches  thick  above  the  founda-  Jfelghc 
tion  walls  to  the  height  of  forty  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  thence  not  less  than  twenty-five 
inches  thick  to  the  height  of  seventy-five  feet,  or  to  the 
nearest  tier  of  beams  to  that  height,  thence  not  less  than 
twenty-one  inches  thick  to  the  height  of  one  hundred  and 
ten  feet,  or  to  the  nearest  tier  of  beams  to  that  height, 
and  thence  not  less  than  seventeen  inches  thick  to  the  top. 

If  over  one  hundred  and  twenty-five  feet  in  height  and  not 
over  one  hundred  and  fifty  feet,  the  walls  shall  be  not  less 
than  thirty-four  inches  thick  above  the  foundation  walls 
to  the  height  of  thirty  feet,  or  to  the  nearest  tier  of  beams 
to  that  height,  thence  not  less  than  twenty-nine  inches 
thick  to  the  height  of  sixty-five  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  thence  not  less  than  twenty-five 
inches  thick  to  the  height  of  one  hundred  feet,  or  to  the 
nearest  tier  of  beams  to  that  height,  thence  not  less  than 
twenty-one  inches  thick  to  the  height  of  one  hundred  and 
thirty-five  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  thence  not  less  than  sixteen  inches  thick  to  the 


670 


BUILDINGS — ORDINANCES. 


[art.  3. 


top.  If  over  one  hundred  and  fifty  feet  in  height,  each 
additional  twenty-five  feet  in  height,  or  part  thereof  next 
the  foundation  walls,  shall  be  increased  four  inches  in 
thickness,  the  upper  one  hundred  and  fifty  feet  of  wall 
remaining  the  same  as  specified  for  a wall  of  that  height. 

City  Code,  (1893)  Art.  7,  Sec.  13G.  Ord.  63,  March  21,  1904. 

^o?e/25^feet  there  is  to  be  a clear  span  of  over  twenty-five 

etc.  ’ feet  between  the  bearing  walls,  such  walls  shall  be  four 
inches  more  in  thickness  than  in  this  Article  specified  for 
every  twelve  and  one-half  feet  or  fraction  thereof  that  said 
walls  are  more  than  twenty-five  feet  apart,  or  shall  have, 
instead  of  the  increased  thickness,  such  piers  or  buttresses 
as,  in  the  judgment  of  the  Inspector  of  Buildings,  may  be 
necessary. 

Miscellaneous  Walls. 

City  Code,  (1893)  Art.  7,  Sec.  13H.  Ord.  63,  March  21,  1904. 

Walls  of  public  178.  The  walls  of  buildings  of  a public  character  shall 

be  not  less  than  in  this  Article  specified  for  warehouses 
with  such  piers  or  buttresses,  or  supplemental  columns  of 
iron  or  steel,  as  in  the  judgment  of  the  Inspector  of 
Buildings  may  be  necessary  to  make  a safe  and  substantial 
building. 

City  Code,  (1893)  Art.  7,  Sec.  131.  Ord.  63,  March  21,  1904. 

179.  In  all  stores,  warehouses  and  factories  over  twenty- 
five  feet  in  width  between  walls,  there  shall  be  brick 

Partition  partition  walls  or  girders  supported  on  iron,  steel  or  wood 
columns,  or  piers  of  masonry. 

Buildings  Without  Partition  Walls. 

City  Code,  (1893)  Art.  7,  Sec.  13K.  Ord  63,  March  21,  1904. 

180.  In  all  stores,  warehouses  or  factories,  in  case  iron, 

Substitutes  for  stool,  or  wood  girdors  supported  by  iron,  steel  or  wood 

wanl*;'°”  columns,  or  piers  of  masonry  are  used  in  place  of  brick 


ART.  3.] 


CROSS  WALTS — ORDINANCES. 


671 


partition  walls,  the  building  may  be  seventy-five  feet  wide 
and  two  hundred  and  ten  feet  deep  when  extending  from 
street  to  street,  or  when  otherwise  located  may  cover  an 
area  of  not  more  than  eight  thousand  superficial  feet. 
When  a building  fronts  on  three  streets  it  may  be  a hun- 
dred and  five  feet  wide  and  two  hundred  and  ten  feet  deep, 
Or  if  a corner  building  fronting  on  two  streets  it  may  cover 
an  area  of  not  more  than  twelve  thousand  five  hundred 
superficial  feet. 


City  Code,  (1893)  Art.  7,  Sec.  13L.  Ord.  63,  March  21,  1904. 

181.  But  in  no  case  shall  any  such  building  be  wider  ExcepOons^fo^^ 
nor  deeper,  nor  cover  a greater  area  except  in  the  case  of 
fire-proof  buildings.  An  area  greater  than  herein  stated 
may,  considering  location  and  purpose,  be  allowed  by  the 
Inspector  of  Buildings  when  the  proposed  building  does 
not  exceed  three  stories  in  height. 


Cross  Walls. 

City  Code,  (1893)  Art.  7,  Sec.  13M.  Ord.  63,  March  21,  1904 

182.  All  buildings,  not  excepting  dwellings,  that  are 
over  one  hundred  and  five  feet  in  depth,  without  a cross- 
wall or  proper  piers  or  buttresses,  shall  have  the  side  or  side  waiis 
bearing  walls  increased  in  thickness  four  inches  more  than 
is  specified  in  the  respective  sections  of  this  Article  for  the  waiis°®*' 
thickness  of  walls,  for  every  one  hundred  and  five  feet  or 
part  thereof,  that  the  said  buildings  are  over  one  hundred 
and  five  feet  in  depth. 


City  Code,  (1893)  Art.  7,  Sec.  13N.  Ord.  63,  March  21,  1904. 

183.  In  case  the  walls  of  any  building  are  less  than  . 
twenty-five  feet  apart,  and  less  than  forty  feet  in  depth,  Reduction  of 
or  there  are  cross-walls  which  intersect  the  walls  not  more  ^ 
than  forty  feet  distant,  or  piers  or  buttresses  built  into 
the  walls,  the  interior  walls  may  be  reduced  in  thickness 
in  just  proportion  to  the  number  of  cross- walls,  piers  or 


672 


BUILDINGS — ORDINANCES. 


[art.  3. 


Proviso. 


One-story 

structures. 


Walls  of 
two-story 
buildings. 


buttresses  and  their  nearness  to  each  other;  provided, 
however,  that  this  clause  shall  not  apply  to  walls  below 
sixty  feet  in  height,  and  that  no  such  walls  shall  be  less 
than  twelve  inches  thick  at  the  top,  and  gradually  increased 
in  thickness  by  set-offs  to  the  bottom.  The  Inspector  of 
Buildings  is  hereby  authorized  and  empowered  to  decide 
(except  where  herein  otherwise  provided  for)  how  much 
the  walls  herein  mentioned  may  be  permitted  to  be  reduced 
in  thickness,  according  to  the  peculiar  circumstances  of 
each  case,  without  endangering  the  strength  and  safety  of 
the  building. 


One  and  Two  Story  Structures. 

City  Code,  (1893)  Art.  7,  Sec.  130.  Ord.  63,  March  21,  1904. 

184.  One-story  structures  not  exceeding  a height  of 
fifteen  feet,  may  be  built  with  nine-inch  walls  when  the 
bearing  walls  are  not  more  than  nineteen  feet  apart,  and 
the  length  of  the  nine-inch  bearing  walls  does  not  exceed 
fifty-five  feet.  One-story  and  basement  extensions  may 
be  built  with  nine-inch  walls  when  not  over  twenty  feet 
wide,  twenty  feet  deep  and  twenty  feet  high  to  dwellings. 


Ord.  110.  June  22,  1904.  Ord.  188,  January  16,  1905. 

185.  All  buildings  hereafter  erected,  not  over  two 
stories  in  height  and  not  over  fifteen  feet  front  and  fifty- 
five  feet  deep,  the  enclosing  and  division  walls  above  the 
first  floor  of  joists  may  be  what  is  known  as  9-inch  walls, 
and  the  walls  below  the  first  floor  shall  be  increased  four 
inches  thicker  if  built  of  bricks,  or  six  inches  thicker  if 
built  of  stone;  provided,  that  on  any  street,  lane  or  alley  a 
stone  wall  shall  not  be  less  than  eighteen  inches  thick,  and 
that  all  walls  shall  have  such  bottom  footings  as  shall 
prevent  any  settling  or  cracking  of  the  walls  from  the 
nature  of  the  ground  on  which  they  are  built. 


ART.  3]  ONE  AND  TWO  STORY  STRUCTURES — ORDINANCES. 


673 


Ord.  188,  January  16,  1905. 

186.  In  all  two  and  three  story  houses  of  dimensions 
described  in  the  next  preceding  section  of  this  Article,  fire-  Fir^-wans  of 
walls  will  be  allowed  separating  said  houses  twelve  (12)  buildings, 
inches  high  above  the  top  of  sheathing  and  nine  inches 

thick.  And  all  such  walls  to  be  built  with  hard  brick  laid 
in  cement,  and  covered  with  tin  or  metal. 

City  Code,  (1893)  Art.  7,  Sec.  13P.  Ord.  63,  March  21,  1904. 

187.  Walls  of  brick  built  in  between  iron  or  steel  Brick  waiis  in 

. . ^ between  iron 

columns,  and  supported  wholly  or  in  part  on  iron  or  steel 
girders,  shall  not  be  less  than  thirteen  inches  thick  for 
seventy-five  feet  of  the  uppermost  height  thereof,  or  to  the 
nearest  tier  of  beams  to  that  measurement,  in  any  building 
as  constructed.  And  every  lower  section  of  sixty  feet,  or 
to  the  nearest  tier  of  beams  to  such  vertical  measurement, 
or  part  thereof,  shall  have  a thickness  of  four  inches  more 
than  is  required  for  the  section  next  above  it  down  to  the 
tier  of  beams  nearest  to  the  kerb  level,  and  thence  down- 
ward the  thickness  of  walls  shall  increase  in  the  ratio 
prescribed  in  this  Article.  Curtain  walls  built  in  between  curtain  waiis. 
piers,  or  iron  or  steel  columns  and  not  supported  on  steel 
or  iron  girders,  shall  be  not  less  than  thirteen  inches  thick 
for  sixty  feet  of  the  uppermost  height  thereof,  or  nearest 
tier  of  beams  to  that  height,  and  increased  four  inches  for 
every  additional  section  of  sixty  feet,  or  nearest  tier  of 
beams  to  that  height. 


City  Code,  (1893)  Art.  7,  Sec.  13Q.  Ord.  112,  June  7,  1894.  Ord.  63. 

March  21,  1904. 

188.  Walls  heretofore  built  for  or  used  as  party  walls,  party  waiis 
whose  thickness  at  the  time  of  their  erection  was  in 
accordance  with  the  requirements  of  the  then  existing  laws 
but  which  are  not  in  accordance  with  the  requirements  of 
this  Article,  may  be  used,  if  in  good  condition,  for  the 
ordinary  uses  of  party  walls;  provided,  the  height  of  the 
same  be  not  increased.  Any  building,  the  erection  of 
which  was  commenced  in  accordance  with  specifications 


674 


BUILDINGS— ORDINANCES. 


[art.  3. 


and  plans  submitted  to  and  approved  by  the  Inspector  of 
Buildings  prior  to  the  passage  of  this  Article,  if  properly 
constructed  and  in  safe  condition,  may  be  completed  or 
built  upon  in  accordance  with  the  requirements  of  law  as 
to  the  thickness  of  walls  in  force  at  the  time  when  such 
specifications  and  plans  were  approved. 


Erection  of  Walls. 

City  Code,  (1893)  Art.  7,  Sec.  13R.  Ord.  63,  March  21,  1904. 

d'Sring  shsiW  any  wall  or  walls  of  any  building 

wfus.°“  carried  up  more  than  two  stories  in  advance  of  any  other 

wall,  except  by  permission  of  the  Inspector  of  Buildings. 
But  this  prohibition  shall  not  include  the  enclosure  walls 
for  skeleton  buildings.  The  front,  rear,  side  and  party 
walls  shall  be  properly  bonded  together  or  anchored  to  each 
other  every  six  feet  in  their  height  by  wrought  iron  tie 
anchors  not  less  than  one  and  one-half  inches  by  three- 
eighths  of  an  inch  in  size,  and  not  less  than  twenty-four 
inches  in  length.  The  side  anchors  shall  be  built  into  the 
side  or  party  walls  not  less  than  sixteen  inches,  and  into 
the  front  and  rear  walls  so  as  to  secure  the  front  and  rear 
walls  to  the  side  or  party  walls  when  not  built  and  bonded 
together.  All  exterior  piers  shall  be  anchored  to  the  beams 
or  girders  on  the  level  of  each  tier.  The  walls  and  beams 
of  every  building  during  the  erection  or  alteration  thereof, 
shall  be  strongly,  braced  from  the  beams  of  each  story  and 
when  required  shall  be  braced  from  the  outside  until  the 
building  is  enclosed.  The  roof  tier  of  wood  beams  shall  be 
safely  anchored,  with  plank  or  joist,  to  the  beams  of  the 
story  below  until  the  building  is  enclosed. 


City  Code,  (1893)  Art.  7,  Sec.  13S.  Ord.  63,  March  21,  1904. 

Openings  for  190.  Openings  for  doors  and  windows  in  all  buildings 
winS)^”"^  shall  have  good  and  sufficient  arches  of  stone,  brick  or 
terra  cotta,  well  built  and  keyed  with  good  and  sufficient 
abutments,  or  lintels  of  stone,  iron  or  steel  of  sufficient 
strength,  which  shall  have  a bearing  at  each  end  of  not 
less  than  eight  inches  on  the  wall.  On  the  inside  of  all 


ART.  3. 


STRENGTH  OF  WALES — ORDINANCES. 


675 


openings  in  which  lintels  shall  be  less  than  the  thickness 
of  the  wall  to  be  supported,  there  shall  be  timber  lintels, 
which  shall  rest  at  each  end  not  more  than  four  inches  on 
any  wall,  which  shall  be  chamfered  at  each  end  and  shall 
have  a suitable  arch  turned  over  the  timber  lintel.  Or  the 
inside  lintel  may  be  of  cast  iron  or  wrought  iron  or  steel, 
and  in  such  case  stone  blocks  or  cast  iron  plates  shall  not 
be  required  at  the  ends  where  the  lintel  rests  on  the  walls; 
provided  the  opening  is  not  more  than  six  feet  in  width. 


Strength  of  Walls, 

City  Code,  (1893)  Art.  7,  Sec.  13T.  Ord.  63,  March  21,  1904. 

191.  All  masonry  arches  shall  be  capable  of  sustaining  Masonry  and 
the  weight  and  pressure  which  they  are  designed  to  carry,  spe^mSons. 
and  the  stress  at  any  point  shall  not  exceed  the  working 
stress  for  the  material  used,  as  given  in  this  Article.  Tie 
rods  shall  be  used  where  necessary  to  secure  stability. 

All  exterior  and  division  or  party  walls  over  fifteen  feet 
high,  excepting  where  such  walls  are  to  be  finished  with 
cornices,  gutters  or  crown  mouldings,  shall  have  parapet 
walls  not  less  than  eight  inches  in  thickness  and  carried 
two  feet  above  the  roof.  But  for  warehouses,  factories, 
stores  and  other  buildings  used  for  commercial  or  manu- 
facturing purposes,  the  parapet  walls  shall  be  not  less  than 
thirteen  inches  in  thickness  and  carried  three  feet  above 
the  roof.  And  all  such  walls  shall  be  coped  with  stone, 
terra  cotta  or  cast  iron.  In  all  walls  that  are  built  hollow 
the  same  quantity  of  stone,  brick  or  concrete  shall  be  used 
in  their  construction  as  if  they  were  built  solid,  as  in  this 
Article  provided.  And  no  hollow  wall  shall  be  built  unless 
the  parts  of  same  are  connected  by  proper  ties,  either  of 
brick,  stone  or  iron,  placed  not  over  twenty-four  inches 
apart.  The  inside  four  inches  of  all  walls  may  be  built  of 
hard  burnt,  hollow  brick,  properly  tied  and  bonded  into 
the  walls,  and  of  the  dimensions  of  the  ordinary  brick. 

Where  hollow  tile  or  porous  terra  cotta  blocks  are  used  as 
lining  or  furring  for  walls,  they  shall  not  be  included  in 
the  measurement  of  the  thickness  of  such  walls. 


676 


BUIIvDINGS — ORDIN  ANCKS . 


[art.  3. 


Recesses  in 
walls  for  ele- 
vators, etc. 


Walls  of  con- 
crete : how 
and  when  to 
be  built. 


City  Code,  (1893)  Art.  7,  Sec.  13U.  Ord.  63,  March  21,  1904. 

192.  Recesses  for  stairways  and  elevators  may  be  left 
in  the  foundation  or  cellar  walls  of  all  buildings,  but  in  no 
case  shall  the  walls  be  of  less  thickness  than  the  walls  of 
the  fourth  story,  unless  reinforced  by  additional  piers  with 
iron  or  steel  girders,  or  iron  or  steel  columns  and  girders, 
securely  anchored  to  walls  on  each  side.  Recesses  for 
alcoves  and  similar  purposes  shall  have  not  less  than  eight 
inches  of  brick-work  at  the  back  of  such  recesses,  and 
such  recesses  shall  be  not  more  than  eight  feet  in  width, 
and  shall  be  arched  over  or  spanned  with  iron  or  steel  lin- 
tels, and  not  carried  up  higher  than  eighteen  inches  below 
the  bottom  of  the  beams  of  the  floor  next  above.  No  chase 
for  water  or  other  pipes  shall  be  made  in  any  pier,  and  in 
no  wall  more  than  one-third  of  its  thickness.  The  chases 
around  said  pipe  or  pipes  shall  be  fllled  up  with  solid 
masonry  for  the  space  of  one  foot  at  the  top  and  bottom 
of  each  story.  No  horizontal  recess  or  chase  in  any  walls 
shall  be  allowed  exceeding  four  feet  in  length  without 
permission  of  the  Inspector  of  Buildings.  The  aggregate 
area  of  recesses  and  chases  in  any  wall  shall  not  exceed 
one-fourth  of  the  whole  area  of  the  face  of  the  wall  on  any 
story,  nor  shall  any  such  recesses  be  made  within  a dis- 
tance of  six  feet  from  any  other  recess  in  the  same  wall. 


Concrete  Walls, 

City  Code,  (1893)  Art.  7,  Sec.  14.  Ord.  63,  March  21,  1904. 

193.  The  thickness  of  concrete  walls  shall  depend  on 
the  materials  that  will  be  used  in  the  walls,  the  method  of 
mixing  same,  and  the  system  of  binders  and  anchors,  also 
on  provisions  to  guard  against  danger  from  expansion  and 
contraction.  Samples  of  the  materials  to  be  used  in  the 
walls  shall  be  submitted  with  the  application  to  the  Inspec- 
tor of  Buildings,  who  shall  determine  by  this  Article  and 
examples  of  work  of  similar  methods  and  materials  the 
proper  thickness  for  walls.  Such  walls  shall  be  built  per- 
fectly plumb  and  shall  not  be  constructed  during  freezing 
weather,  and  no  material  containing  cement  shall  be  used 


ART.  3.]  BRICK  WORK— HEADERS — ORDINANCES. 


677 


in  said  wall  after  it  has  attained  its  first  set.  Any  batches 
or  remnants  of  material  containing  cement  not  used  on  the 
first  set  shall  be  condemned  and  removed,  whether  in  the 
wall  or  in  the  vicinity  of  the  work,  as  required  by  this 
Article.  Concrete  walls  shall  not  be  located  as  party  walls 
except  by  written  consent  of  adjoining  owners  previously 
filed  with  the  Inspector  of  Buildings. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  22. 

194.  If  there  be  a stone  ashler  used  two  inches  thick  stone  ashlers, 
or  less,  it  shall  not  be  reckoned  in  the  thickness  of  any 
wall  herein  specified. 


Brick  Work. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  31.  Ord.  37, 

April  7,  1894. 

195.  All  brick  work  shall  be  of  merchantable  brick.  Brick-work, 
laid  and  bedded  with  filled  joints  in  lime  or  cement  mortar, 
as  provided  for,  and  flushed  up  with  every  course  of  same, 
and  all  bricks  used  in  the  months  from  April  to  November, 
inclusive,  shall  be  wet  at  the  time  they  are  laid,  all  walls 
of  brick  or  stone  shall  be  thoroughly  bonded  and  solidly 
put  together,  and  shall  be  built  to  a line,  plumb,  level  and 
straight,  and  all  bed  joints  not  covered  are  to  be  struck. 


Ord.  59,  March  18,  1904,  Sec.  4. 

196.  The  face  brick  of  all  walls  shall  be  bonded  to  the^a^e  brick  to 

. . be  bonded. 

walls  With  bricks,  and  not  with  metal  ties. 


Headers. 

Ord.  145,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  28. 

197.  All  stone  walls  twenty-four  inches  or  less  in  Headers  in 
thickness  shall  have  at  least  one  header  extending  through  sSn^  w^us. 
the  walls  in  every  three  feet  in  height  from  the  bottom  of 
the  walls,  and  in  every  four  feet  in  length,  and  if  over 
twenty-four  inches  in  thickness  shall  have  one  header  for 


678 


BUIIvDINGS — ORDINANCES . 


[art.  3. 


Anchoring  of 
walls  and 
joists. 


Brick  arches 
between 
joists. 


every  six  superficial  feet  on  both  sides  of  the  wall,  running 
into  the  wall  at  least  two-thirds  of  thickness  of  wall  ; all 
headers  shall  be  at  least  eighteen  inches  in  width  and  six 
inches  in  thickness,  and  shall  consist  of  good,  flat,  square 
stones,  and  in  brick  walls  every  sixth  course  of 
brick  shall  be  a heading  course,  except  the  facing  of  walls 
where  stretchers  are  used,  in  which  case  every  fifth  course 
shall  be  bonded  into  the  backing  by  cutting  the 
course  of  the  face  brick  and  putting  in  diagonal  headers 
behind  the  same,  or  by  splitting  face  brick  in  two  and 
backing  the  same  by  a continuous  row  of  headers. 

Joists. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  34. 

198.  The  front,  rear,  side  or  division  walls  shall  be 
anchored  at  each  tier  of  joists,  at  intervals  of  not  more 
than  ten  feet  apart,  and  the  ends  of  all  such  joists,  beams 
or  girders  so  anchored  to  the  walls,  that  a falling  joist, 
beam,  or  girder  will  free  its  own  anchorage,  and  may  fall 
without  injury  to  the  wall,  and  where  the  joists  are 
supported  by  the  girders,  the  ends  of  the  joists  resting  on 
the  girders  may  lap  each  other,  and  each  joist  covering  the 
entire  width  of  the  girder,  and  strapped  by  wrought  iron 
straps,  not  less  than  one  and  one-half  inches  by  three- 
eighths  of  an  inch,  and  not  less  than  eighteen  inches  long, 
and  at  the  same  distance  apart,  and  on  the  same  line  of 
joists  as  the  wall  anchors,  and  this  shall  not  prohibit  hang- 
ing joists  in  iron  stirrups  from  the  girders,  but  in  such 
cases  the  joists  must  be  strapped  as  hereinbefore  described. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  62. 

199.  If  brick  arches  are  used  between  joists,  they 
shall  have  a rise  of  at  least  one  and  a-quarter  (1^)  inches 
to  each  foot  of  space  between  them. 


Ord.  134,  May  8,  1901,  Sec.  56. 

200.  In  all  buildings  hereinafter  erected,  altered  or 
repaired,  having  one  or  more  floors,  the  beams,  joists  and 


ART.  3.] 


mortar — ORDINANCES. 


679 


rafters  shall  be  framed  around  all  flues,  air  chambers  or 
other  openings  in  walls,  and  also  around  all  elevator  holes, 
stairs  and  other  openings  in  floors.  All  framing  done  either  headers, 
with  iron  stirrups  or  mortise  and  tenon,  and  the  framing 
to  be  strong  enough  to  sustain  the  safe  weights  required 
by  section  115  of  this  Article.  In  all  buildings  where  a 
safe  weight  of  one  hundred  and  fifty  pounds  (150 lbs.)  per 
square  foot  of  floor  space  and  upwards  is  required,  the 
framing  shall  be  done  with  iron  stirrups,  and  the  long 
trimmers  and  headers  doubled  or  tripled,  as  required  for 
safe  weights.  And  all  buildings  where  less  than  one 
hundred  and  fifty  pounds  per  square  foot  of  floor  space  is 
required  the  framing  may  be  done  with  mortise  and  tenon, 
but  all  trimmers  and  headers  must  be  double  joists  or 
equal  thereto,  and  in  no  case  can  framing  be  done  other 
than  specified  in  this  section  under  the  penalty  as  specified 
in  section  203  of  this  Article. 


Mortar. 

Ord.  146,  October  23,  1891.  City  Code.  (1893)  Art.  7,  Sec.  32. 

201.  All  mortar  used  in  the  construction  or  repairs  of  Mortar  and 
any  building  shall  be  of  the  best  quality  for  the  purpose 
for  which  it  is  applied;  all  sand  must  be  clean,  sharp  and 
free  from  loam,  and  no  cement  shall  be  used  that  has  been 
mixed  over  night. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  86.  Ord.  79, 

October  7,  1897. 

202.  Every  wall,  structure  and  building  hereafter  to„,.  , 
be  built  or  altered  in  said  city,  shall  conform  to  the  pro-  excepted, 
visions  of  this  Article,  except  bridges,  quays,  wharves  and 
buildings  belonging  to  the  Government  of  the  United 
States  or  to  the  State  of  Maryland. 


Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  85.  Ord.  63, 

March  21,  1904. 

203.  Any  person  or  persons  failing  to  comply  with  any  violations  of 
of  the  requirements  contained  in  this  Article,  or  who  shall  thST Ar°fc1e°^ 


680 


CARRIAGES,  BOATS  AND  SCOWS— ORDINANCES.  [aRT.  4. 


Penalty. 


Fines,  forfeit- 
ures and  pen- 
alties. 


violate  any  of  the  provisions  of  this  Article  shall  be  subject  to 
a penalty  of  twenty-five  dollars  for  each  offence,  and  to  an 
additional  fine  of  five  dollars  for  every  day  that  such 
violation  shall  continue,  except  in  such  cases  where  by  the 
provisions  of  this  Article  a different  fine  or  penalty  is 
prescribed  or  imposed. 

204.  All  fines,  forfeitures  and  penalties  incurred  by 
the  violation  of  any  of  the  provisions  of  this  Article  shall 
be  recovered  as  other  fines,  forfeitures  and  penalties 
imposed  by  ordinance,  are  recoverable,  and  when  collected 
shall  be  paid  to  the  Comptroller. 


ARTICLE  IV. 

CARRIAGES,  BOATS  AND  SCOWS. 

ORDINANCES. 


Driving  Regulations. 

1.  Drivers,  etc.,  to  keep  on  right 

side  ; penalty . 

2.  Carriages,  etc.  in  narrow  streets; 

penalty  for  entering  when  oc- 
cupied . 

3.  Drivers  to  hold  reins  ; immod- 

erate gait  prohibited  ; horses, 
etc.  not  to  be  turned  loose  or 
driven  loose  through  streets; 
drivers  to  hold  or  be  within 
reach  of  bridle;  not  to  drive  or 
place  cart,  dray,  etc.,  over 
footways;  penalty;  proviso. 


Speed  Regulations. 

4.  Speed  of  licensed  wagons  of 
burden  ; speed  of  unlicensed 
vehicles  ; penalty. 

5 . S peed  over  bridges  not  to  exceed 

a walk;  penalty. 

6.  Penalty  for  omnibuses  passing 

each  other  at  excessive  speed. 

7.  Contests  of  speed  forbidden; 

penalty. 

8.  Penalty  for  exceeding  speed  of 

six  miles  per  hour,  by  express 
wagons. 


ART.  4.]  CARRIAGES,  BOATS  AND  SCOWS — ORDINANCES. 


681 


9.  Penalty  for  exceeding  such  speed 

by  other  vehicles  and  riders. 

Sleighs,  etc. 

10.  Bells  on  horses  drawing  sleighs 

or  cars;  penalty. 

Vehicles  Standing  in  Streets. 

11.  Position  of  drays  standing  in 

streets. 

12.  Mayor  may  regulate  placing  of 

carts;  proviso. 

13.  How  carriages  for  hire  shall 

stand  in  streets. 

14.  Drivers  of  unemployed  car- 

riages occupying  stands  to 
hold  reins  or  have  same  with- 
in reach. 

15.  Where  vehicles  may  stand  at 

night;  Sunday  excepted;  pro- 
viso. 

16.  Seeking  emplo}'ment  for  or  oc- 

cupying streets  or  stands  with 
carriages  for  hire  on  Sabbath, 
except  by  special  permission 
of  Mayor,  prohibited;  carts 
and  drays  not  to  remain  in 
streets,  etc.  on  Sabbath;  not 
to  drive  in  said  vehicles,  or 
feed  horses  in  streets  on  Sab- 
bath. 

17.  Penalty  for  violation  of  three 
preceding  sections ; not  to 
apply  to  wagons  of  United 
States  or  State  of  Maryland. 

Police  Regulations. 

18.  Penalty  for  obstructing  street 

cars. 

19.  Penalty  for  improperly  driving 

vehicles  on  railway  tracks. 

20.  Penalty  for  cracking  whips 

near  stands. 


21.  Vehicles  to  stand  parallel  with 

curb;  penalty^  for  obstructing 
street  by  taking  other  posi- 
tion ; proviso  as  to  wagons 
loading  and  unloading, 

22.  Not  to  stand  across  stepping 

stones. 

23.  Vehicles  not  within  market 

limits  on  market  days  not  to 
be  placed  in  front  of  any 
premises  without  consent  of 
owner ; penalty  ; owner  of 
premises  may  remove  same ; 
penalty  for  obstructing  such 
owner. 

24.  Vehicles  or  horses  not  in  use 

not  to  remain  on  streets  over 
two  hours;  exception  as  to 
same  on  stands  ; penalty. 

25.  Distance  between  vehicles  in 

driving  ; penalty. 

26.  Driving  or  riding  across  line  of 

funerals. 

27.  Penalty  for  using  vehicles 

without  permission  of  owner. 

28.  Penalty  for  unauthorized  rid- 

ing on  locomotives  or  other 
vehicles  ; proviso  as  to  news- 
boys. 

Rules  of  Mayor. 

29.  Penalty  for  violation  of  same. 

Stands  for  Carriages,  Carts,  Etc. 

30.  Stands  on  Charles  street  for- 

bidden . 

31.  Same  on  Bowly’s  wharf  and 

Light  street  wharf ; exception ; 
penalty. 

32.  Where  Mayor  may’-  designate 

stands  ; penalty  for  standing 
at  unauthorized  places. 


682 


CARRIAGES,  BOATS  AND  SCOWS — ORDINANCES.  [arT.  4. 


33.  Streets  near  Hanover  Market 

which  are  not  to  be  occupied 
by  horses,  etc.,  on  certain 
days. 

34.  Exception  as  to  vehicles  from 

which  articles  are  sold  ; reg- 
ulation of  such  vehicle. 

35.  Agreement  between  Ma}’or  and 

property  owners  for  use  of 
pavement  as  stand  or  stall. 

36.  Arrangement  of  vehicles  not 

used  to  sell  from  ; penalty. 


37.  Wood  carts  prohibited  on  Con- 

way street. 

38.  Furniture  vans  prohibited  on 

German  street ; exceptions. 

39.  Hacks  not  to  stand  in  Monu- 

ment square,  etc.  ; penalty. 

40.  Designation  of  stand  on 

Charles  street  at  Union  Sta- 
tion. 

41.  Recovery  of  fines  and  penalties 

imposed  for  the  violation  of 
the  provisions  of  this  Article. 


DRIVING  REGULATIONS. 

City  Code,  (1879)  Art.  8,  Sec.  1.  City  Code,  (1893)  Art.  8,  Sec.  1. 

Ord.  30,  April  5,  1898. 

Drivers,  etc.,  1*  The  drivers  of  all  carriages  of  burden  or  pleasure, 
rights?de“  riders  of  all  bicycles  of  every  kind  whatsoever, 

driving,  riding  or  passing  through  the  streets,  lanes  or 
alleys  of  the  city,  (where  there  is  room  sufficient  for  two 
to  pass)  shall  keep  on  that  side  of  the  street,  lane  or  alley 
on  their  right  hand,  respectively;  and  if  any  driver  of  a 
carriage  or  rider  of  a bicycle  shall  drive  his  carriage  or 
ride  his  bicycle  in  the  middle  of  the  street  or  on  the  side 
of  the  way  on  his  left  hand,  so  as  to  prevent  or  obstruct 
another  carriage  or  bicycle  from  passing  as  aforesaid. 
Penalty.  every  driver  or  rider  so  offending  shall  forfeit  and  pay  for 
every  such  offense  a sum  not  exceeding  five  dollars. 

Hagerstown  v.  Klotz,  93  Md.  437. 


City  Code,  (1879)  Art.  8,  Sec.  2.  City  Code,  (1893)  Art.  8,  Sec.  2. 

Carriages  in  2.  Whenever  any  carriage  or  other  vehicle  shall  have 
streStl  entered  any  street,  lane  or  alley  in  the  city,  where  there 
is  not  room  sufficient  for  two  carriages  or  vehicles  to  pass, 
no  other  carriage  or  vehicle  shall  enter  the  said  street, 
lane  or  alley  in  the  opposite  direction,  but  shall  remain  in 
an  adjacent  street,  until  the  first  shall,  with  all  diligence, 
have  passed  through;  and  if  any  driver  or  other  person 
shall  offend  in  such  case,  he  shall  forfeit  and  pay,  for 
every  such  offense,  a sum  not  exceeding  five  dollars. 


ART.  4.J  SPEED  REGULATIONS — ORDINANCES. 


683 


City  Code,  (1879)  Art.  8,  Sec.  3.  City  Code,  (1893)  Art.  8,  Sec.  3. 

3.  No  person  shall  sit  or  stand  in  or  upon  any  carriage,  dr^eS 
or  any  horse  or  beast  harnessed  thereto,  in  order  to  drive 
the  same,  unless  he  shall  have  strong  reins  or  lines 
fastened  to  the  bridle  of  his  beast  and  held  in  his  hands, 
sufficient  to  guide  and  restrain  them;  and  no  person  driving 
any  carriage,  or  riding  any  horse,  mare,  gelding  or  other 
beast  in  or  through  the  said  city,  shall  permit  or  suffer  the 
beast  or  beasts,  he  shall  so  ride  or  drive,  to  go  at  an 
immoderate  gait;  and  no  person  shall  turn  any  horse,  mare 
or  gelding  loose  within  the  city  or  drive  such  horse,  mare 
or  gelding  loose  through  any  of  the  streets,  lanes  or  alleys 
of  the  said  city;  and  all  porters,  carters  and  other  persons 
having  the  care  of  any  carriage  who  shall  not  hold  the  reins  in 
their  hands  to  guide  or  restrain  their  beasts,  shall  walk  by 
the  head  of  the  shaft  or  wheel-horse,  holding,  or  within 
reach  of  the  bridle  or  halter  of  the  said  horse;  and  no 
person  shall  drive,  lead  or  place  any  horse  or  beast  of 
burden,  or  any  horse  attached  to  a cart,  dray  or  other 
carriage,  laden  or  unladen,  on  any  of  the  footways  of  the 
city;  and  every  person  offending  in  any  or  either  of  the 
cases  aforesaid,  shall  forfeit  and  pay  for  every  such  offence 
a sum  not  exceeding  twenty  dollars;  provided,  that  nothing 
herein  contained  shall  prevent  any  person  from  riding, 
driving  or  leading  across  any  of  the  footways  any  horse  or 
beast  of  burden,  into  or  out  of  any  lot  or  tenement. 

Roddy  V.  Finnegan,  43  Md.  492. 


SPEED  REGULATIONS. 

Ord.  89,  May  5.  1880.  City  Code,  (1893)  Art.  8,  Sec.  4. 

4.  It  shall  not  be  lawful  for  any  licensed  wagon  of  speed  of 
burden,  cart  or  dray,  laden  or  unladen,  to  be  driven  burS®.°^ 
through  any  paved  street,  lane  or  alley  within  this  city  at 
a rate  more  than  six  (6)  miles  per  hour;  and  it  shall  not  be 
lawful  for  any  unlicensed  wagon  of  burden,  cart  or  dray, 
laden  or  unladen  to  be  driven  through  any  paved  street, 
lane  or  alley  of  this  city  at  a gait  exceeding  a walk;  and 


684  CARRIAGES,  BOATS  AND  SCOWS — ORDINANCES.  [arT.  4. 

any  driver  offending  herein  shall  forfeit  and  pay  a sum  not 
more  than  five  dollars  nor  less  than  two  dollars  for  each 
and  every  offence. 

City  Code,  (1879)  Art.  8,  Sec.  5.  City  Code,  (1893)  Art.  8,  Sec.  5. 

5.  It  shall  not  be  lawful  for  any  person  to  ride  or  drive 
any  horse  or  horses  over  any  bridge  within  the  limits  of 
the  city  at  any  gait  other  than  a walk,  under  the  penalty 
for  each  and  every  offence  of  five  dollars. 

City  Code,  (1879)  Art.  8,  Sec.  6.  City  Code,  (1893)  Art.  8,  Sec.  6. 

Omnibuses.  6.  Any  driver  of  any  omnibus  passing  or  attempting  to 
pass  any  other  omnibus,  while  the  same  is  in  motion  at  the 
rate  of  four  miles  per  hour,  shall  be  subjected  to  a fine  of 
twenty  dollars. 


City  Code,  (1879)  Art.  8,  Sec.  7.  City  Code,  (1893)  Art.  8,  Sec.  7. 

Contests  of  7.  Any  rider  of  any  horse,  mare  or  gelding,  and  any 
bidden.  driver  of  any  vehicles  engaged  in  any  contest  of  speed, 

within  the  limits  of  the  city,  shall  be  subjected  to  a fine  of 
twenty  dollars. 


City  Code,  (1879)  Art.  8,  Sec.  8.  City  Code,  (1893)  Art.  8,  Sec.  8. 

Excessive  8.  Any  rider  or  driver  of  any  express  wagon  or  vehicle 
aity.  ’ going  within  the  limits  of  the  city,  at  a rate  more  than  six 

miles  per  hour,  shall  be  subjected  to  a fine  of  twenty 
dollars. 


City  Code,  (1879)  Art.  8,  Sec.  9.  City  Code,  (1893)  Art.  8.  Sec.  9. 

sp^eed^of  riders;  9.  Any  rider  of  any  horse,  mare,  gelding  or  mule,  and 
any  driver  of  any  hack,  cab,  omnibus,  gig,  sulky,  carryall, 
buggy  wagon,  stage  coach,  private  carriage,  or  any  carriage 
of  pleasure,  or  carriage  of  any  description  other  than  those 
mentioned  in  the  fourth  section  of  this  Article,  going  or 
moving  within  the  limits  of  the  city,  at  a rate  more  rapid 
Penalty.  than  six  miles  an  hour,  shall  be  subjected  to  a fine  of  five 
dollars. 


ART.  4.]  VKHICTES  IN  STREETS— ORDINANCES. 


685 


SLEIGHS,  ETC. 

City  Code,  (1879)  Art.  8.  Sec.  10.  City  Code,  (1893)  Art.  8,  Sec.  10. 

10.  No  driver  of  a carriage  going  upon  runners  or  rail  Beiison  horses 
tracks  shall  pass  through  the  streets,  lanes  and  alleys  of  sleighs  or 
the  city,  unless  one  or  more  bell  or  bells  be  fixed  to  the 

horse  or  horses  drawing  the  same,  under  a penalty  for  Penalty, 
every  such  offense  not  exceeding  five  dollars. 

VEHICLES  IN  STREETS. 

City  Code,  (1879)  Art.  8,  Sec.  11.  City  Code,  (1893)  Art.  8,  Sec.  11. 

11.  Each  and  every  drayman  shall  place  his  horse  and  Position  of 
dray  lengthways  with  and  close  to  the  kerbstones  in  the  irSs? 
street  in  which  the  same  shall  stand,  and  no  more  than  one 
range  shall  stand  in  any  street,  and  drays  shall  be  placed 

at  a distance  of  not  less  than  twenty-five  feet  from  each 
other;  subject,  however,  to  the  provisions  of  sections  12 
and  24  of  this  Article. 


City  Code,  (1879)  Art.  8,  Sec.  12.  City  Code,  (1893)  Art.  8,  Sec.  12. 

12.  The  Mayor  is  hereby  authorized  to  regulate  the  Distance  be- 
distance  between  carts,  and  the  manner  in  which  they 
shall  stand,  either  by  general  rule  or  rules  applying  to 
particular  streets  in  his  discretion;  provided  that  nothing 
herein  contained  shall  be  construed  to  authorize  the  placing 
of  two  lines  of  carts  in  one  street. 


City  Code,  (1879)  Art.  8,  Sec.  13.  City  Code,  (1893)  Art.  8,  Sec.  13. 

13.  Each  and  every  carriage  of  pleasure  kept  for  hire  Carriages  for 
when  unemployed  and  in  any  street  and  not  in  motion, 
shall  be  placed  by  the  driver  thereof  in  the  middle  of  such  streets, 
street  and  lengthwise  with  said  street,  and  no  more  than 
one  range  of  carriages  shall  stand  in  any  street,  and  such 
carriages  shall  be  ranged  parallel  to  the  front  of  the  houses, 
and  at  a distance  of  not  less  than  thirty  feet  from  each 
other,  and  in  such  manner  as  not  to  obstruct  the  passage 
of  wagons  or  other  carriages  in  the  streets,  and  as  not  to 


686  CARRIAGES,  BOATS  AND  SCOWS ORDINANCES.  [aRT.  4. 

prevent  foot  passengers  from  crossing  a street  in  the 
direction  and  line  of  a footway  on  the  side  of  any  other 
street;  provided,  that  nothing  herein  contained  shall  con- 
flict with  the  provisions  of  sections  12  and  24  of  this  Article. 

Ord.  144,  June  19,  1890.  City  Code,  (1893)  Art.  8,  Sec.  14. 

Duty  of  14.  Every  driver  or  person  having  charge  of  any  cart, 

drivers.  qb  othcr  Carriage,  whilst  occupying  any  stand  and 

unemployed,  shall  sit  in  such  carriage,  or  stand  near  there- 
to with  the  reins  in  his  hands,  or  in  such  manner  as  to  have 
the  same  within  his  reach. 

City  Code,  (1879)  Art.  8,  Sec.  15.  City  Code,  (1893)  Art.  8,  Sec.  15. 

Where  vehicles  15.  jj  shall  be  lawful  for  the  owner  or  owners  of  any 

may  stand  at  i i 

night.  cart,  dray  or  other  vehicle  to  suffer  the  same  to  remain 
before  the  premises  in  which  they  live,  during  the  night; 
except  on  Sunday;  provided,  that  not  more  than  eight  feet 
of  any  street  or  alley  shall  be  thus  occupied. 


City  Code,  (1879)  Art.  8,  Secs.  15,  16.  Ord.  144,  June  19,  1890. 

City  Code,  (1893)  Art.  8,  Secs.  14,  15,  16. 

Nou^o  occupy  10.  ]sjo  owuer  or  driver  of  any  carriage  of  pleasure  for 
“O’"  hire  or  pay  within  the  city,  shall  take  a stand,  or  move  to 
employment,  ^nd  fro  in  any  of  the  streets,  lanes  or  alleys  of  the  city 
waiting  or  seeking  for  hire  or  employ,  on  the  Sabbath  day, 
except  by  special  permission  of  the  Mayor;  and  it  shall  not 
be  lawful  for  any  person  or  persons  to  permit  any  cart, 
dray  or  other  vehicle  to  remain  in  the  streets,  lanes  and 
alleys  of  the  city  on  the  Sabbath  day;  nor  shall  any  person 
drive  or  stand  with  any  wagon,  cart,  dray  or  other  vehicle, 
or  feed  horses  on  any  paved  street,  lane  or  alley  of  the  city 
on  the  Sabbath  day. 


City  Code,  (1893)  Art.  8,  Secs.  14,  16.  Ord.  8,  February  13,  1894. 

enaityfor  17.  Any  owner  or  owners,  or  any  servant  or  agent  of 
th?Le^'pfeced- the  owner  or  owners  of  any  of  the  vehicles  mentioned  in 
ing  sections,  gg^tions  11  to  16  inclusive,  who  shall  violate  any  of  the 


ART.  4.]  POLICE  REGULATIONS — ORDINANCES. 


687 


provisions  thereof,  shall  pay  a fine  of  five  dollars  for  each 
and  every  offense;  said  fines  to  be  collected  as  other  fines 
for  violations  of  city  ordinances  are  now  collected;  pro- 
vided,  however,  that  the  provisions  of  the  two  next  preced-  stale  of 
ing  sections  shall  not  apply  to  wagons  and  horses  in  the  Maryland, 
service  of  the  United  States  or  State  of  Maryland. 


POLICE  REGULATIONS. 

City  Code,  (1879)  Art.  8,  Sec.  17.  City  Code,  (1893)  Art.  8,  Sec.  17. 

18.  No  carriage,  wagon  or  other  vehicle,  shall  be  obstructing 

® ^ ’ street  cars, 

allowed  to  stand  in  any  of  the  streets  so  as  to  obstruct  the 
passage  of  the  city  passenger  railway  cars;  and  no  driver 
of  any  vehicle,  having  sufficient  space  to  turn  out  of  the 
way  of  said  cars,  who  shall  refuse  to  do  so  after  being 
requested,  shall,  with  those  violating  the  first  provision  of 
this  section,  forfeit  and  pay  the  sum  of  five  dollars  for  each 
and  every  offense,  to  be  recovered  as  other  fines  and  for- 
feitures  are  now  collectible. 


Ord.  76,  June  5,  1883.  City  Code,  (1893)  Art.  48,  Sec.  82. 

19.  Any  driver  or  drivers  of  any  vehicle  on  wheels  in  Driving  vehi- 
the  city  of  Baltimore,  driving  in  the  streets  of  said  city,  railway 
with  the  rear  or  left  hand  wheel  or  wheels  of  such  vehicle 
or  vehicles,  in  the  off  or  outside  track  or  rail  of  any  rail- 
road, with  the  off  or  right  hand  wheel  or  wheels  swung  or 
running  between  said  rail  or  track  and  the  curb,  shall  be 
subject  to  a fine  or  penalty  of  two  dollars  ($2.00)  for  each 
square  or  block  so  driven,  for  each  and  every  offence  ; said 
fines  to  be  collected  as  other  fines  are  collected. 


City  Code,  (1879)  Art.  8,  Sec.  18.  City  Code,  (1893)  Art.  8,  Sec.  18. 

20.  Every  driver  of  a hack  or  other  vehicle,  who  shall  cracking 
crack  a whip  upon  the  pavement  adjacent  to  the  public 
stands,  shall  forfeit  and  pay  for  every  such  offence  the 
sum  of  one  dollar. 


688 


CARRIAGES,  BOATS  AND  SCOWS — ORDINANCES.  [arT.  4. 


City  Code,  (1879)  Art.  8,  Sec.  19.  City  Code,  (1893)  Art.  8,  Sec.  19. 

^XiTsVanS  21.  It  shall  not  be  lawful  for  any  wagon  or  other 
carriage  to  be  placed  or  stand  across  any  street,  lane  or 
alley,  in  the  city,  or  in  any  other  position  except  with  the 
length  parallel  to  the  side  of  the  street,  lane  or  alley  in 
which  it  may  be  ; and  the  owner  or  driver  of  any  wagon  or 
other  carriage  placing  the  same  or  permitting  it  to  stand 
in  any  other  position  than  that  above  described,  shall  for- 
proviso.  feit  and  pay  the  sum  of  two  dollars ; provided,  that  any 
wagon  or  other  carriage  of  burden  may,  during  the  time  of 
loading  or  unloading,  with  shaft  horses  only,  in  the  day 
time,  stand  in  a position  convenient  for  those  purposes  for 
any  necessary  space  of  time,  not  exceeding  three  hours, 
without  the  owner  or  driver  thereof  incurring  the  penalty 
aforesaid ; but  nothing  in  this  proviso  contained  shall 
authorize  the  placing  of  any  wagon  or  other  carriage  in 
any  position  which  will  prevent  the  passage  of  any  wagon, 
cart  or  other  carriage. 

City  Code,  (1879)  Art.  8,  Sec.  20.  City  Code,  (1893)  Art.  8,  Sec.  20. 

22.  It  shall  not  be  lawful  for  any  person  to  place  any 
carriage  of  any  description  whatever,  upon  or  across  any 
of  the  flag  or  stepping  stones,  placed  for  the  convenience 
of  foot  passengers  across  any  street,  lane  or  alley  in  the 
city;  and  every  driver  of  any  carriage  whatever,  shall 
promptly  remove  his  carriage  from  the  same,  upon  demand 
of  any  person,  under  a penalty  of  flve  dollars. 

City  Code,  (1879)  Art.  8,  Sec.  21.  City  Code,  (1893)  Art.  8,  Sec.  21. 
Old.  57,  May  14,  1898. 

Vehicles  not  23.  If  any  owner  or  driver  of  any  wagon,  cart  or  other 
ket  HmS  on  Carriage  shall  place  such  wagon,  cart  or  other  carriage,  or 
noTto  any  horse  on  any  street,  lane  or  alley  of  the  city  other  than 
frontof  any  the  streets,  lanes  and  alleys  within  the  limits  of  the 
wuhout  con-  several  markets  on  market  days,  so  as  to  prevent  the 
owk^n  access  of  any  other  carriage  to  the  kerb  stone  in  front  of 
any  building,  against  the  consent  of  any  owner  or  occupier 
of  such  building,  or  if  such  owner  or  owners,  upon  being 
required  to  move  his  cart,  wagon  or  other  carriage  or 


Not  to  stand 
across  flag 
stones. 


ART.  4.]  POTICE  REGULATIONS — ORDINANCES. 


689 


horse,  ( providing  his  horse  is  not  in  a shop  being  or  to  be 
shod, ) by  the  owner  or  occupier  of  such  building,  or  by  Penalty, 
any  police  officer,  shall  refuse  or  neglect  so  to  do  imme- 
diately, he  shall  forfeit  and  pay  for  every  such  offence  the 
sum  of  five  dollars  ; and  it  shall  be  lawful  for  the  owner  or 
occupier  of  such  building  to  remove  the  said  cart,  wagon  remove  same, 
or  other  carriage,  horse  or  horses  ; and  every  person  who 
shall  obstruct  the  said  owner  or  owners,  shall  forfeit  and 
pay  the  sum  of  five  dollars  for  each  offence. 


City  Code,  (1879);  Art.  8,  Sec.  22.  City  Code,  (1893)  Art.  8,  Sec.  22. 

24.  Excepting  within  the  limits  of  the  several  markets,  ^v^Scief  or 
and  in  accordance  with  the  Article,  entitled  Markets  and  Slfus?mS- 
unless  otherwise  provided  in  this  Article,  no  person  shall 
place  any  wagon,  cart  or  other  vehicle  licensed  by  the  city, 
or  owned  in  the  city  of  Baltimore,  or  any  horse,  mare  or 
gelding  belonging  to  the  same,  on  any  of  the  streets,  lanes 
or  alleys  of  the  city,  when  not  in  direct  and  absolute  use 
at  the  time,  to  remain  there  for  a longer  time  than  two 
hours,  under  a penalty  of  three  dollars  for  each  and  every 
offence  ; and  all  carriages,  wagons,  carts,  drays  and  other 
vehicles,  upon  their  stands  by  authority  of  the  Mayor  shall 
be  considered  as  in  use  under  this  section. 


City  Code,  (1879)  Art.  8,  Sec.  23.  City  Code,  (1893)  Art.  8,  Sec.  23. 

25.  No  driver  of  any  vehicle  upon  the  streets  of  the  Distance 
city  shall  drive  so  close  to  any  vehicle  in  front,  that  there  veSsin 
shall  be  less  than  ten  feet  between  the  rear  of  said  vehicle 
in  front  and  the  head  of  the  horse  of  the  vehicle  in  the 
rear  at  all  crossings,  under  a penalty  of  not  less  than  two 
dollars  nor  more  than  five  dollars,  at  the  discretion  of  the 
Justice  of  the  Peace,  for  each  and  every  offence,  to  be 
recovered  as  other  fines  are  recoverable ; provided,  that 
this  section  shall  not  apply  to  funerals  or  other  processions. 


City  Code,  (1879)  Art.  8,  Sec.  24.  City  Code,  (1893)  Art.  8,  Sec.  24. 

26.  It  shall  not  be  lawful  for  any  person  to  ride  or^rkw°ac 
drive  any  horse  or  horses  across  the  line  of  a funeral  SlfeSis 


690 


CARRIAGES,  BOATS  AND  SCOWS — ORDINANCES.  [arT.  4. 


Unauthorized 
use  of 
vehicles. 


Unauthorized 
riding:  on 
locomotives 
or  vehicles. 


Penalty  for 
violating-. 


Charles  street, 
stands  on, 
forbidden. 


procession  in  the  streets,  lanes  or  alleys  of  the  city,  under  a 
penalty  for  each  and  every  offence  of  two  dollars. 


City  Code,  (1879)  Art.  8,  Sec.  25.  City  Code,  (1893)  Art.  8,  Sec.  25. 

27.  If  any  person  shall  enter  upon  or  into  any  vehicle 
or  conveyance,  or  remain  therein,  or  drive  or  remove  the 
same  from  the  place  where  the  same  may  then  be, 
without  the  authority  or  permission  of  the  owner  or  the 
party  in  charge  thereof,  such  person  so  entering,  remain- 
ing, driving  away  or  removing  without  authority  or 
permission  as  aforesaid,  shall  be  subject  to  a fine  of  not 
less  than  one  dollar,  nor  more  than  twenty  dollars  ; to  be 
collected  as  other  fines  and  penalties  are  collected. 


Ord.  4,  February  3,  1879.  City  Code,  (1893)  Art.  8,  Sec.  26. 

28.  It  shall  not  be  lawful  for  any  unauthorized  person 
or  persons  to  ride  on  locomotives,  tenders  or  cars  of  steam 
railroads,  street  cars,  stages,  omnibuses,  hacks,  or  any 
licensed  conveyance  for  passengers,  or  merchandise,  on 
any  street,  lane  or  alley  opened  for  public  use  within  the 
limits  of  the  city  of  Baltimore  under  a penalty  of  one 
dollar  for  each  offence,  to  be  recovered  as  other  fines  and 
penalties  are  now  recoverable;  provided,  however,  that  the 
provisions  of  this  section  shall  not  apply  to  newsboys 
pursuing  their  vocation. 

RULES  OF  MAYOR. 

City  Code,  (1879)  Art.  8.  Sec.  37.  City  Code,  (1893)  Art.  8,  Sec.  38. 

29.  Every  person  violating  any  rule  made  by  the 
Mayor  in  virtue  of  this  Article,  shall  be  subject  to  a penalty 
of  two  dollars  for  each  offence,  unless  some  other  penalty 
is  herein  provided  for  the  offence. 

STANDS  FOR  CARRIAGES,  CARTS,  &C. 

City  Code,  (1879)  Art.  8,  Sec.  41.  City  Code,  (1893)  Art.  8,  Sec.  42. 

30.  It  shall  not  be  lawful  for  licensed  carriages  of 
pleasure,  commonly  called  hacks,  to  stand  upon  the  bed  of 


ART.  4.]  CARRIAGES  AND  CARTS— ORDINANCES. 


691 


Charles  street,  between  Camden  and  Lombard  streets;  and 
any  person  offending  against  the  provisions  of  this  section, 
shall  forfeit  and  pay  the  sum  of  five  dollars  for  each  and 
every  offence;  to  be  recovered  as  other  fines  and  forfeitures 
are  now  recoverable. 


City  Code.  (1879)  Art.  8,  Sec.  42.  City  Code,  (1893)  Art.  8,  Sec.  43. 

31.  It  shall  not  be  lawful  for  any  carriage  or  carriages, 
of  any  description  whatever,  to  stand  on  that  part  of 
Bowly’s  wharf  south  of  a right  line  with  the  north  side  of 
Camden  street,  or  on  that  part  of  Light  street  which  lies  same, 
between  Pratt  and  Lee  streets,  longer  at  any  one  time  than 
the  same  can  be  loaded  or  unloaded,  under  a penalty  of 
two  dollars  for  each  and  every  offence. 


Ord.  59,  May  5,  1885.  City  Code,  (1893)  Art.  8,  Sec.  44. 

32.  The  Mayor  is  hereby  authorized  and  requested  to  Mayor  may 
designate  stands  for  licensed  carriages  of  pleasure  and 
burden  and  package  carts,  out  of  Baltimore  street  and  that 
part  of  Pratt  street  which  lies  between  South  and  Hanover 
streets,  and  Liberty  street  north  of  Fayette  street;  and  no 
person  shall  take  any  stand  not  so  designated,  with  a 
licensed  carriage  of  pleasure  or  burden  or  a package  cart, 
under  a penalty  of  not  less  than  one  nor  more  than  five  penalty  for 
dollars;  provided  that  the  Mayor  shall  not  designate  stands  unauthorized 
for  carts  in  any  street  except  at  the  south  end  of  Broadway 
and  in  Camden,  Conway,  Barre  and  Lee  streets,  east  of 
Charles  street,  and  at  the  lower  end  of  Centre  market 
space. 


City  Code,  (1879)  Art.  8,  Sec.  44.  City  Code,  (1893)  Art.  8,  Sec.  45. 

33.  It  shall  not  be  lawful  for  any  horse,  wagon  or  other  certain  streets 
vehicle  to  occupy  or  remain  upon  any  of  the  following  M^rk^^nor 
streets,  to  wit:  Hanover  street  from  Conway  street  to  cuJiJdby 
Lombard  street;  Camden  street  from  Charles  street  to 
Howard  street;  Sharp  street  from  Conway  street  to  Pratt 
street,  and  Dover  street  from  Hanover  street  to  Sharp 
street,  during  the  following  days  to  wit:  Mondays, 

Thursdays  and  Saturday  afternoons  and  evenings. 


692 


CARRIAGES,  BOATS  AND  SCOWS — ORDINANCES.  [aRT.  4. 


City  Code,  (1879)  Art.  8,  Sec.  45.  City  Code,  (1893)  Art.  8,  Sec.  46. 

order  that  the  provisions  of  the  next  preceding 
cies  are  sold,  section  shall  not  interfere  with  those  persons  who  have 
been  in  the  habit  of  occupying  said  streets  on  said  occasions, 
with  a cart,  wagon  or  other  vehicle,  for  the  purpose  of 
selling  or  vending  therefrom  any  article  or  articles,  said 
carts,  wagons,  or  other  vehicles,  so  occupying  said  streets, 
for  the  purpose  aforesaid,  are  hereby  excepted  from  the 
provisions  of  the  next  preceding  section;  provided,  how- 
ever, the  said  carts,  wagons  or  other  vehicles,  shall  be  so 
arranged  as  to  preserve  between  every  two  vehicles,  an 
open  space  of  not  less  than  four  feet,  for  the  purpose  of  a 

Regulations,  passago-way  for  the  accommodation  of  the  public;  and 
provided,  further,  that  the  shafts  of  said  carts  shall  not 
extend  more  than  one  foot  beyond  the  curb,  and  the 
shafts  of  said  wagon  or  other  vehicle  shall  be  unshipped; 
and  provided  further,  that  such  carts,  wagons  or  other 
vehicles  occupying  the  south  side  of  Camden  street  for  the 
sale  of  articles,  shall  be  so  placed  that  the  articles  sold 
therefrom  can  be  purchased  from  the  pavement  or  side- 
walk. 

City  Code,  (1879)  Art.  8,  Sec.  46.  City  Code,  (1893)  Art.  8,  Sec.  47. 

Agreement  35.  The  owners  and  occupiers  of  the  property  upon  the 
line  of  the  street  or  streets  upon  which  it  is  designed  to 
reverse  the  carts,  wagons  and  other  vehicles,  as  a stand  or 
stall  for  the  sale  of  any  articles,  shall  enter  into  an  agree- 
ment with  the  Mayor  and  City  Council  of  Baltimore,  con- 
senting thereto,  and  allowing  the  parties  making  sales  from 
said  carts,  wagons  or  other  vehicles,  the  use  of  two  feet  of 
the  pavement  next  the  kerb  stones  in  front  of  their  property; 
and  no  vehicle  shall  be  allowed  to  remain  standing  on  the 
bed  of  Sharp  street  as  a stand  or  stall  for  the  sale  of  any 
articles. 

City  Code,  (1879)  Art.  8,  Sec.  47.  City  Code,  (1893)  Art.  8,  Sec.  48. 

Vehicles  not  36.  Any  person  or  persons  having  in  charge  any  cart, 
from.°  wagon  or  other  vehicle  not  intended  to  be  used  to  sell  from, 
shall  be  permitted  to  remove  the  same  to  some  of  the 


ART.  4.]  CARRIAGES,  CARTS  AND  HACKS — ORDINANCES. 


693 


adjoining  streets,  and  so  arrange  them  upon  the  centre  or 
crown  thereof  as  to  cause  no  obstruction  to  the  free  pas- 
sage of  all  vehicles  upon  either  side  of  the  same.  Any 
person  or  persons  violating  the  provisions  of  this  and  the 
three  next  preceding  sections,  shall  be  subject  to  a penalty 
of  five  dollars  for  each  and  every  offense,  to  be  collected 
as  other  city  fines  and  forfeitures  are  collected. 


City  Code,  (1879)  Art.  8,  Sec.  48.  City  Code,  (1893)  Art.  8,  Sec.  49. 

37.  Wood  carts  are  not  permitted  to  occupy  Camden 
street,  between  Charles  and  Light  streets,  as  a stand,  wood  carts 
under  a penalty  of  five  dollars  for  each  offense;  but  Con-  street, 
way  street,  between  Charles  and  Light  streets,  is  hereby 
designated  as  a stand  for  said  carts. 


City  Code,  (1879)  Art.  8,  Sec.  49.  City  Code,  (1893)  Art.  8,  Sec.  50. 

38.  It  shall  not  be  lawful  for  any  person  or  persons  to  German  street, 
use  the  bed  of  German  street,  between  Howard  and  Eutaw 
streets  as  a furniture  wagon  stand,  under  a penalty  of  five  ^?pti?n.’ 
dollars  for  each  offense,  to  be  recovered  as  other  fines  are 
recoverable;  but  the  bed  of  German  street,  between  Eutaw 
and  Paca  streets,  may  be  so  used. 


City  Code,  (1879)  Art.  8,  Sec.  50.  City  Code,  (1893)  Art.  8,  Sec.  51. 

39.  It  shall  not  be  lawful  for  any  hack,  carriage  or  Hacks  not  to 
other  vehicle  for  hire,  to  stand  or  be  moving  about  Monu-  Monument 
ment  square,  or  on  Calvert  street  between  Baltimore  and 
Lexington  streets,  nor  on  Fayette  street,  between  St.  Paul 
and  North  streets,  except  when  actually  employed;  provided 
that  not  more  than  four  rows  of  hacks  not  exceeding  five 
in  a row,  may  stand  north  of  the  Battle  Monument,  with 
their  horses'  heads  facing  to  the  south,  and  not  less  than 
fifteen  feet  north  of  the  chain  around  the  Monument,  thirty 
feet  south  of  the  flagstones  across  the  south  side  of  Lex- 
ington street,  and  thirty  feet  from  the  kerbstones  on  the 
east  and  west  sides  of  Monument  square;  each  and  every 


694 


CITY  SOLICITOR — ORDINANCES. 


[art.  5. 


person  violating  the  provisions  of  this  section  shall  be  fined 
not  less  than  two  nor  more  than  four  dollars  for  each  and 
every  offence,  to  be  collected  as  other  fines  and  forfeitures 
are  now  collected. 


Res.  3,  November  17,  1887.  City  Code,  (1893)  Art. 8,  Sec.  52. 

^ stand  a?'"’”’  The  portion  of  Charles  street  in  the  immediate 

vicinity  of  the  Union  depot  is  hereby  designated  as  a stand 
for  hacks  and  carriages;  provided,  the  said  hacks  and 
carriages  are  confined  for  their  stand  to  the  west  side  of 
the  street  railway  tracks,  as  laid  on  said  street. 

^^e^alties  fines'^and  penalties  incurred  by  the  violation  of 

any  of  the  provisions  of  this  Article,  for  the  recovery  of 
which  no  provision  |is  made  herein,  shall  be  recovered  as 
other  fines  imposed  for  the  violation  of  city  ordinances  are 
recoverable,  and  when  collected  shall  be  paid  to  the 
Comptroller. 


ARTICLE  V. 


CITY  SOLICITOR. 

ORDINANCES. 


Examination  of  Titles. 

1.  To  be  made  by  Assistant  City 

Solicitor  assigned  to  such 
work ; no  contract  to  pur- 
chase any  interest  in  land,  or 
money  to  be  paid  until  exam- 
ination made ; Assistant  City 
Solicitor  to  certify  his  ap- 
proval. 

2.  Assistant  City  Solicitor  to  report 

information  respecting  owner- 


ship of  property  to  city  offi- 
cials interested ; his  duty  in 
cases  of  appeals  from  Com- 
missioners for  Opening  Streets; 
his  notes  and  memoranda  to 
be  passed  over  to  City  Solicitor 
when  vacating  office;  further 
duties  of  Assistant  City  Solici- 
tor assigned  to  the  examination 
of  titles. 

3.  Assessing  expenses  of  examina- 
tion of  titles  in  street  cases. 


ART.  5.]  EXAMINATION  OF  TITLES — ORDINANCES. 


695 


EXAMINATION  OF  TITLES. 

City  Code,  (1879)  Art.  13,  Sec.  11.  City  Code,  (1893)  Art.  13,  Sec.  15. 

1.  In  relation  to  the  examination  of  titles  on  behalf  of  to  be  made  by 

. ^ , Assistant 

the  city,  the  duties  of  the  Assistant  City  Solicitor  who  city  solicitor 

i 1^  assigned  to 

shall  have  charge,  subject  to  the  direction  and  control  ot  such  work, 
the  City  Solicitor,  of  the  examination  of  all  titles  on  behalf 
of  the  city,  shall  be  as  follows:  Whenever  it  may  be  pro- 
posed on  the  part  of  the  Mayor  and  City  Council  of 
Baltimore,  by  ordinance  or  resolution,  to  purchase,  con- 
demn or  acquire  any  land  or  interest  therein,  it  shall  be 
the  duty  of  the  said  Assistant  City  Solicitor  to  make,  or  no  contract  to 
caused  to  be  made,  an  examination  of  the  title  thereto,  and  money  paid 
no  contract  shall  be  made  or  money  paid  on  account  of  such 
purchase,  condemnation  or  acquisition  except  on  the 
approval  by  the  said  Assistant  City  Solicitor  of  the  title, 
and,  in  cases  of  approval  by  the  said  Assistant  City  Solicitor, 
he  shall,  before  submitting  to  the  City  Solicitor  for  his  certify  his 

. approval. 

approval  the  deeds  or  other  instruments  of  writing,  which 
he  shall  prepare  or  have  prepared,  intended  to  transfer  or 
convey  any  land  or  any  interest  therein  to  the  Mayor  and 
City  Council  of  Baltimore,  certify  thereon  his  said  approval 
of  the  form  and  legal  sufficiency  of  said  deeds  or  other 
instruments  of  writing. 


City  Code,  (1879)  Art.  13,  Sec.  12.  City  Code,  (1893)  Art.  13,  Sec.  16. 

2.  The  said  Assistant  City  Solicitor  shall,  under  the  A.ssistant  City 
direction  and  control  of  the  City  Solicitor,  as  soon  as  ?eVoyUnfor- 
practicable  after  the  passage  of  any  ordinance  authorizing  respecting 
any  condemnation,  report  to  the  City  Solicitor,  the  Com-  propem-!*" 
missioners  for  Opening  Streets,  or  the  other  municipal 
officials,  officers,  agencies  or  agents  empowered  to  make 
the  same,  full  information  respecting  the  ownership  of  the 
property  which  it  may  be  proposed  to  condemn,  setting 
forth  where  the  same  is  not  held  in  fee  simple  the  several 
interests  or  estates  therein;  in  all  cases  of  the  examination 
of  titles  careful  notes  and  abstracts  of  the  same  shall  be 
made.  He  shall  also  report  to  the  City  Solicitor  in  writing 
all  information  which  may  be  called  for  by  him  relating  to 
the  titles  to  any  property  which  may  be  involved  in  the 


696 


CITY  SOLICITOR — ORDINANCES. 


[art.  5. 


appeals  from  the  Commissioners  for  Opening  Streets, 
cSmm\v  other  proceedings  of  condemnation  by  the  city  ; and 

opening^"^  shall  make  and  report  all  examinations  of  title  that  may  be 
Streets.  required  by  the  City  Solicitor  in  the  trial  of  any  suit  or 
proceeding  to  which  the  city  may  be  a party,  or  which  may 
otherwise  be  needed  by  the  City  Solicitor  on  behalf  of  the 
city,  or  of  any  municipal  official,  officer,  agency,  employe. 
Notes  and  servant  or  agent  of  the  city,  and,  on  said  Assistant  city 
IS  b?  p"L”sed  Solicitor  ceasing  to  hold  office,  whether  by  expiration  of 
sSiicito?'^^  his  term  or  otherwise,  all  notes  and  memoranda  of  any 
examination  of  titles  on  behalf  of  the  city  in  his  posses- 
sion or  under  his  control,  whether  completed  or  not,  shall 
be  passed  over  to  the  City  Solicitor.  The  said  Assistant 
Solicitor  shall  discharge  such  other  duties  in  relation 
City  Solicitor  ^^0  examination  of  titles  on  behalf  of  the  City  as  may 
]30  assigned  to  him  by  the  City  Solicitor. 


Ord.  39,  April  14,  1887.  City  Code,  (1893)  Art.  13,  Secs.  17  and  18. 

Kxpense.sof  3.  The  expenses  incurred  by  the  City  Solicitor  in  the 
of  titles  in  employment,  and  in  connection  with  the  employment,  of 
persons  to  aid  said  Assistant  City  Solicitor  in  the  examina- 
tion of  titles,  shall,  in  the  matter  of  laying  out,  opening, 
widening,  straightening  or  closing  up,  in  whole  or  in  part, 
any  street,  lane,  road,  alley  or  square,  be  assessed  by  the 
Commissioners  for  Opening  Streets  as  part  of  the  expenses 
in  each  case  of  any  street,  lane,  road,  alley  or  square  as 
aforesaid,  as  the  other  expenses  in  the  premises  are  now 
required  to  be  assessed. 


ART.  6.]  COMPTROLLER  AND  CITY  REGISTER — ORDINANCES. 


697 


ARTICLE  VI. 

COMPTROLLER  AND  CITY  REGISTER. 

ORDINANCES. 


Comptroller. 

Accounts. 

1.  Bond  of  Comptroller. 

2.  To  examine  and  settle  accounts 

settlement  of  which  is  not 
otherwise  provided  for;  to  re- 
port on  same. 

3.  To  supervise  fiscal  concerns  of 

all  city  ofiicials  ; may  re- 
quire accounting  from  such 
officials  ; to  charge  City  Col- 
lector with  annual  levy. 

4.  To  open  accounts  with  all  muni- 

cipal officials ; to  report  to 
Mayor  when  such  account  is 
overdrawn ; custodian  of 
city  property ; to  certify  to 
claims  and  demands  on  City 
Register  ; to  certify  bonds  of 
officials,  and  pay-rolls  and 
salaries. 

5.  Comptroller  and  City  Register 

not  to  pass  bills  until  provi- 
sion made  for  payment. 

Insurance. 

6.  To  represent  city  where  insured 

city  property  is  destroyed  by 
fire. 

7.  No  property  of  city  within  city 

limits  to  be  insured  ; property 
without  limits  to  be  insured. 

8.  To  insure  Polytechnic  Institute. 


Purchases  and  Sales  of  Property 
to  Secure  Taxes. 

9.  To  bid  at  sale  of  property  sold 

for  taxes  ; limit  of  such  bid. 

10.  To  sell  property  so  acquired. 

11 . To  pay  taxes  due  on  such  prop- 

erty to  City  Collector  and  any 
surplus  to  City  Register. 

Refuse  Material. 

12.  To  keep  account  of  all  refuse 

materials  in  hands  of  city 
officials  ; to  sell  same  ; to  pay 
proceeds  to  City  Register. 

13.  Duty  of  city  officials  in  relation 

to  such  property. 

14.  Separate  account  for  refuse 

material. 

Deputy  Comptroller. 

15.  His  bond  ; oath. 

16.  Compensation;  to  perform 

duties  of  clerk  to  Board  of 
Estimates. 

Subordinates . 

17.  Salaries  of  subordinates;  their 

bonds ; extra  assistance  au- 
thorized ; limit  of  expense 
thereof. 

License  and  Market  Detective. 

18.  Appointment ; duties  ; to  keep 

accounts;  compensation. 


698 


COMPTROLI.KR  AND  CITY  REGISTER — ORDINANCES.  [arT.  6. 


Bond  of. 


City  Register. 

19.  Bond  ; approval  of  bond  ; Ma}"- 

or  to  be  custodian  of  bond. 

Deputy  Register. 

20.  Duties  of  Deputy  Register ; 

bond  ; oath. 

21.  To  act  in  absence  of  City  Reg- 

ister. 

22.  Filling  vacancy  in  office  of  City 

Register;  successor  to  give 
bond. 

Duties  of  City  Register. 

23.  To  record  appointments;  cus- 

todian of  city  monies  ; to  de- 
posit funds  in  city  deposi- 
tories ; interest  on  deposits ; 
to  pay  properly  endorsed 
claims  on  city  ; to  keep  rec- 
ords of  disbursements  ; to  re- 
port to  City  Council  monies 
received  and  expended; 
financial  estimate  to  City 
Council ; to  exhibit  accounts 
to  Mayor. 

24.  Temporaiy  loans  to  meet  cor- 

porate needs. 

25.  Office  hours. 


26.  Subordinates  of  City  Register  ; 

their  salaries. 

27.  Fees  and  perquisites  to  be  paid 

into  city  treasury;  exceptions. 

28.  To  make  two  alphabetical  lists 

of  streets  and  add  thereto 
future  changes  in  names. 

Accounts. 

29.  To  adopt  such  a system  of  ac- 

counts as  will  protect  city;  no 
money  to  be  paid  except  on 
warrant  of  Comptroller ; all 
monies  to  be  turned  over  to 
Comptroller ; proviso. 

30.  Office  hours  of  disbursing  offi- 

cers ; to  be  in  their  offices  on 
Tuesdays  and  Fridays  partic- 
ularly. 

31.  Written  order  or  authority  re- 

quired for  all  municipal  work 
or  supplies. 

32.  Official  memoranda  of  such 

work  and  supplies  furnished, 
to  be  kept ; memoranda  to  be 
open  to  inspection. 

33.  Comptroller  not  to  honor  bills 

for  work  or  supplies  except 
on  written  order. 


COMPTROLLER. 

Accounts. 

City  Code,  (1879)  Art.  11,  Sec.  1.  Ord.  3,  February  2,  1881.  City  Code, 
(1893)  Art.  11,  Sec.  1.  Ord.  33,  March  9,  1896. 

1.  The  Comptroller  before  entering  upon  his  duties, 
shall  execute  to  the  Mayor  and  City  Council  of  Baltimore 
a good  and  sufficient  bond,  to  be  approved  by  the  Mayor, 
in  the  sum  of  ten  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  his  duties. 


ART.  6.]  COMPTROLLER— ACCOUNTS — ORDINANCES. 


699 


City  Code,  (1879)  Art.  11.  Sec.  2.  City  Code,  (1893)  Art.  11,  Sec.  2. 

2.  It  shall  be  the  duty  of  said  Comptroller  to  examine,  to  examine 

i n 1 • 1 • 1 and  settle 

audit,  adjust  and  settle  all  accounts  whatsoever  in  which  accounts, 
the  corporation  is  concerned,  either  as  debtor  or  creditor, 
where  provisions  for  settlement  thereof  is  made  by  law, 
and  the  settlement  of  which  is  not  especially  committed  by 
ordinance  to  some  other  authority ; and  where  no  such 
provision,  or  insufficient  provision  has  been  made,  he  shall 
examine  such  accounts,  and  report  to  the  City  Council, 
through  the  Mayor,  the  facts  relating  thereto,  with  his 
opinion  thereon. 


City  Code,  (1879)  Art.  11,  Sec.  3.  City  Code,  (1893)  Art.  11,  Sec.  3. 

3.  The  said  Comptroller  shall  supervise  the  fiscal  con- to  supervise 

^ ^ fiscal  con- 

cerns of  all  the  municipal  officials,  officers,  ana  agents  of  cems  oi  aii 

1 • 1 • 1 1 n • T 1 1 official 

the  corporation  which  shall  receive  or  disburse  the  public 
moneys,  or  which  are  charged  with  the  management  or 
custody  thereof,  and  may  require  at  any  time  from  said  ^J^^^unUng 
municipal  officials,  officers  and  agents,  an  account,  in 
writing,  of  any  moneys  or  property  of  the  corporation  in 
their  hands  or  under  their  control  ; he  shall  also  annually 
charge  the  City  Collector  with  the  amount  of  the  annual  Annual  levy, 
levy,  and  credit  him  with  the  amount  received  as  having 
been  collected  on  such  levy. 


City  Code,  (1879)  Art.  11,  Sec.  4.  City  Code,  (1893)  Art.  11,  Sec.  4. 

4.  The  Comptroller  shall  open  accounts  for  appropria-  To  open  ac- 
tions with  all  the  municipal  officials,  officers  and  agents  of  all  municipal 
the  city  government,  and  report  immediately  to  the  Mayor 
when  any  such  municipal  officials,  officers  and  agents  shall 
overdraw  or  exceed  his,  its  or  their  appropriations  ; he 
shall  keep  the  titles  to  all  property  owned  by  the  city,  and 
see  that  the  property  of  the  city  is  maintained  in  good 
condition  and  that  that  part  of  it  lying  without  the  limits  custodian  of 
of  the  city  is  regularly  insured ; he  shall  certify  to  the 
correctness  of  all  claims,  of  whatsoever  description,  upon 
which  money  is  due,  and  no  check  shall  issue  but  upon  his 
endorsement  of  its  correctness,  which  shall  be  authority  ^ 


700 


COMPTROI.IvKR  and  city  register — ORDINANCES.  [arT.  6. 


to  the  City  Register  to  issue  his  check,  to  be  countersigned 
^o^dais  Mayor  or  City  Comptroller  pursuant  to  the  provisions 

of  section  20 A of  the  City  Charter;  he  shall  examine  into  and 
certify  the  sufficiency  of  all  bonds  required  to  be  taken  by  the 
Pay-rolls  and  Mayor  as  provided  by  Section  20A  of  the  City  Charter;  he 
salaries.  examine  and  certify  to  the  correctness  of  all  pay- 

rolls and  salaries  of  all  municipal  officers  of  every  grade, 
affidavits  being  made  in  all  cases  where  required,  before 
a Justice  of  the  Peace,  or  other  public  officer  authorized  to 
take  affidavits  under  the  laws  of  this  State,  before  said 
pay-rolls  are  submitted  for  settlement. 


When  to  pass  City  Code,  (1879)  Art.  11,  Sec.  5.  City  Code,  (1893)  Art.  11,  Sec.  5. 
bills,  etc., 

Comptroller  5.  The  Comptroller  and  City  Register  shall  not  accept, 
RelistS.  pass,  settle  or  pay  any  bill  or  order,  in  their  departments, 
for  public  improvements,  unless  due  provision  has  been 
made  for  the  payment  of  the  same  by  an  act  of  legislation 
making  an  appropriation  for  such  purpose. 


Insurance. 

City  Code,  (1879)  Art.  11,  Sec.  6.  City  Code,  (1893)  Art.  11,  Sec.  6. 

^ck7whe?e  6.  The  Comptroller  is  authorized  to  represent  the  city 
propSdy  if  in  all  cases  where  damage  has  or  may  occur  from  fire  to 
destroyed  by  property  of  the  corporation,  which  may  have  been 
insured  ; and  any  moneys  that  may  be  awarded  to  the  city 
by  reason  of  loss  from  fire,  shall  be  paid  into  the  city 
treasury. 

City  Code,  (1879)  Art.  11,  Sec.  7.  City  Code,  (1893)  Art.  11,  Sec.  7. 

What  property  7.  Hereafter  the  Comptroller  is  authorized  and  directed, 
insured.  to  cease  insuring  the  property  owned  by  the  city  and  lying 
within  the  corporate  limits  from  loss  or  damage  by  fire  ; 
provided,  however,  that  nothing  herein  shall  prevent  the 
said  Comptroller  from  taking  proper  precautionary 
measures  to  insure  and  keep  insured  all  property  owned  by 
the  city  lying  without  the  limits  of  the  city  of  Baltimore. 


ART.  6.]  PURCHASES  AND  SATES  OF  PROPERTY — ORDINANCES. 


701 


Res.  20,  February  5,  1891.  City  Cole,  (1893)  Art.  11,  Sec.  8. 

8.  The  Comptroller  is  authorized  and  directed  to  effect 
insurance  from  loss  by  fire  in  a sufficient  sum  to  protect  polytechnic 
the  city’s  interest,  upon  the  Baltimore  Polytechnic  Institute, 
upon  such  terms  as  in  his  judgment  may  be  advantageous 
for  the  city,  the  amount  of  such  insurance  premiums  to  be 
taken  out  of  any  money  in  the  city  treasury. 


Purchases  and  Sales  of  Property  to  Secure  Taxes. 

City  Code,  (1879)  Art.  11,  Sec.  8.  City  Code,  (1893)  Art.  11,  Sec.  9. 

9.  The  Comptroller  is  hereby  authorized  and  directed,  to  bid  for 
when  in  his  opinion  the  interests  of  the  city  require  it,  to  Fo7tSel^° 
bid  for  account  of  the  Mayor  and  City  Council  of  Baltimore, 
on  any  real  or  leasehold  property  offered  at  public  sale  by  the 
City  Collector  to  pay  taxes  in  arrears  due  the  city  of  Balti- 
more and  State  of  Maryland,  to  such  amount,  as  he  may 
deem  necessary  to  pay  said  taxes,  together  with  interest 
and  expenses  due  and  chargeable  thereon,  and  no  more. 


City  Code,  (1879)  Art.  11,  Sec.  9.  City  Code,  (1893)  Art.  11,  Sec.  10. 

10.  The  Comptroller  is  hereby  authorized  and  directed 
to  sell  for  cash,  any  property  that  may  be  purchased  by  him 
as  aforesaid,  and  not  redeemed  within  the  time  limited  by 
law  and  ordinance,  in  such  way  as  he  may  think  best,  and 
as  soon  as  practicable,  deliver  to  the  purchaser  or  purchasers 
a deed  for  the  city’s  interest  in  the  same  ; provided,  how- 
ever, the  said  property  shall  be  sold  for  a sum  not  less 
than  the  amount  of  taxes,  together  with  all  costs,  charges 
and  interest  due  and  chargeable  thereon. 


City  Code,  (1879)  Art.  11,  Sec.  10.  City  Code,  (1893)  Art.  11,  Sec.  11. 

iill.  The  Comptroller  is  hereby  directed,  as  soon  as  he  to  pay  taxes 
has  received  the  money  for  the  property  sold  by  him  as 
set  forth  in  the  next  preceding  section,  to  pay  over  to  the 
City  Collector  the  amount  of  taxes,  together  with  all 
interest  and  charges  due  and  chargeable  on  said  property 
on  the  books  of  the  City  Collector,  and  any  balance  that 


702 


COMPTROLLER  AND  CITY  REGISTER — ORDINANCES.  [arT.  6. 


To  keep  ac- 
count of 
refuse 
materials. 


And  sell  same 


Monies  there- 
from. 


Duty  of  city 
officials  in 
relation  to. 


Separate  ac- 
count for. 


Bond  of. 


may  be  left,  after  paying  the  costs  and  expenses  incurred 
by  the  Comptroller  in  the  purchase  and  sale  of  said 
property,  shall  be  by  him  paid  over  to  the  City  Register 
and  pass  into  the  city  treasury. 


Refuse  Material. 

City  Code,  (1879)  Art.  11,  Sec.  11.  City  Code,  (1893)  Art.  11,  Sec.  12. 

12.  It  shall  be  the  duty  of  the  Comptroller  to  take 
charge  of  and  keep  an  account  of  all  refuse  material  that 
may  accumulate  on  the  hands  of  the  City  Engineer  and 
other  municipal  officials,  officers,  and  agencies  of  the  city, 
the  articles  laid  aside  as  useless  by  him,  it  or  them  to  be 
taken  charge  of  and  accounted  for  by  him,  it  or  them  hav- 
ing supervision  of  the  same.  And  it  shall  also  be  the  duty 
of  the  Comptroller  to  dispose  of  at  private  or  public  sale, 
to  the  best  advantage,  all  old  metal  and  refuse  materials  of 
every  kind,  and  pay  the  proceeds  over  to  the  City  Register, 
specifying  at  the  same  time  the  articles,  price,  and  to 
whom  sold. 


City  Code,  (1879)  Art.  11,  Sec.  12.  City  Code,  (1893)  Art.  11,  Sec.  13. 

13.  The  City  Engineer  and  other  persons  having  city 
property  under  their  charge,  shall  set  aside,  on  or  before 
the  first  day  of  each  month,  such  old  metal  and  other 
materials  as  mentioned  in  the  next  preceding  section,  and 
deliver  same  to  custody  of  the  Comptroller,  they  taking 
and  keeping  an  account  thereof. 

City  Code,  (1879)  Art.  11,  Sec.  13.  City  Code,  (1893)  Art.  11,  Sec.  14. 

14.  The  Comptroller  is  hereby  directed  to  open  a sepa- 
rate account  for  the  department  of  refuse  materials. 


Deputy  Comptroller. 

Ord.  109,  October  16,  1888.  City  Code,  (1893)  Art.  11,  Sec.  16. 

15.  The  Comptroller  shall  have  power  to  require  from 
the  Deputy  Comptroller  a bond  with  condition  for  the 


ART.  6.]  TICENSB  AND  MARKET  DETECTIVE — ORDINANCES. 


703 


faithful  performance  of  his  duties,  with  such  penalty  and 
such  security  as  may  be  approved  by  the  Mayor,  and  before 
he  enters  upon  the  duties  of  his  office,  the  Deputy  Comp- 
troller  shall  take  the  usual  oath. 


Ord.  161,  February  23,  1899.  Ord.  31,  December  4,  1905. 

16.  The  compensation  of  the  Deputy  Comptroller  shall  compensation, 
be  twenty-five  hundred  dollars  per  annum,  payable  monthly, 
and  he  shall  perform  the  duties  of  clerk  to  the  Board  of 
Estimates. 


Subordinates. 

City  Code,  (1893)  Art.  11.  Sec.  18.  Ord.  156,  October  30,  1896. 

Ord.  18,  October  28,  1903.  Ord.  199,  February  20,  1905. 

17.  The  Comptroller  is  authorized  to  employ  in  his  Salaries  of 
office  a general  bookkeeper  at  a salary  of  eighteen  hundred  in  office  of 
dollars  ($1800)  per  annum,  an  assistant  clerk  and  inspec- 
tor  of  weights  and  measures  at  a salary  of  fourteen  hun- 
dred dollars  ($1400)  per  annum,  an  auditor  and  harbor 
master  at  a salary  of  fourteen  hundred  dollars  ($1400)  per 
annum,  and  an  auditor  and  market  master  at  a salary  of 
fifteen  hundred  dollars  ($1500)  per  annum,  all  payable 
semi-monthly,  and  they  shall  in  like  manner  as  the  Deputy  Bonds. 
Comptroller  give  good  and  sufficient  bond  with  such  pen- 
alty and  such  security  as  may  be  approved  by  the  Mayor. 

The  Comptroller  is  authorized  to  obtain  such  extra  assis-  Extra 
tance  in  his  office  as  may  be  required,  provided  the  whole 
expense  thereof  shall  not  exceed  the  sum  of  six  hundred 
dollars  ($600)  per  annum. 


License  and  Market  Detective. 

Ord.  20,  March  18,  1884.  City  Code,  (1893)  Art.  33,  Sec.  50. 

Ord.  219,  March  11,  1905. 

18.  There  shall  be  attached  to  the  department  of  the 
City  Comptroller,  an  officer  to  be  styled  the  ‘ Xicense  and 
Market  Detective,  who  shall  be  appointed  annually  by  the  Appointment. 
Comptroller,  and  who  shall  enter  upon  the  discharge  of  his 


704 


comptroller  and  city  register — ORDINANCES.  [aRT.  6. 


Duties. 


Accounts  to  be 
kept. 


Compensation. 


Bond. 


Mayor  to  be 
custodian  of. 


His  duties. 


duties  on  the  first  day  of  March  succeeding  his  appoint- 
ment in  each  year.  It  shall  be  his  duty  to  enforce  all  the 
license  ordinances  under  the  advice  of  the  City  Solicitor 
against  all  such  persons  as  may  be  delinquent  in  the  mat- 
ter of  taking  out  licenses.  It  shall  be  his  duty  to  enter  in 
a book,  to  be  kept  by  him  for  the  purpose,  summary  state- 
ments taken  from  the  reports  of  the  clerks  of  the  several 
markets,  that  may  be  made  by  them  to  the  Comptroller, 
charging  such  clerks  respectively  with  all  rentals  and 
licenses  for  all  stalls,  benches  and  stands  that  may  be 
occupied,  or  under  rental  or  license,  and  crediting  said 
clerks  of  markets  with  such  payments  of  moneys  as  they 
may  make  to  the  city  from  time  to  time  on  that  account; 
he  shall  receive  for  his  services  twelve  hundred  dollars 
($1200)  per  year,  to  be  paid  to  him  as  other  officers  of  the 
city  are  now  paid,  and  he  may  at  any  time  be  removed 
from  office  at  the  discretion  of  the  Comptroller. 

CITY  REGISTER. 

City  Code,  (1879)  Art.  11,  Sec.  17.  City  Code,  (1893)  Art.  11,  Sec.  19. 

Ord.  156,  October  30,  1896. 

19.  The  City  Register  shall,  before  he  enters  upon  the 
duties  of  his  office,  execute  a bond  to  the  corporation,  with 
such  security  as  the  Mayor  and  presidents  of  the 
respective  branches  of  the  City  Council  may  approve,  in 
the  penal  sum  of  fifty  thousand  dollars,  and  with  the 
condition  that  he  will  faithfully  discharge  his  duties  and 
the  trust  reposed  in  him,  which  bond  shall  be  deposited  by 
the  Mayor  in  such  fire-proof  vault  as  he  may  select  during 
his  term  of  office,  and  at  the  expiration  thereof,  be 
delivered  by  him  to  his  successor. 


Deputy  Register. 

City  Code,  (1893)  Art.  11,  Sec.  20.  Ord.  119,  November  21,  1898. 

20.  The  Deputy  Register  shall  perform  all  such  duties 
of  the  office  as  the  City  Register  shall  from  time  to  time 
prescribe  and  direct,  for  whose  acts  the  City  Register 


ART.  6.]  DUTIES  OF  CITY  REGISTER — ORDINANCES. 


705 


shall  be  held  responsible;  the  City  Register  shall  have 
power  to  require  from  the  Deputy  Register  a bond  with 
condition  for  the  faithful  performance  of  his  duties  in  such 
penalty  and  such  security  as  he  may  deem  proper,  and  before 
he  enters  upon  the  duties  of  his  office,  the  Deputy  Register 
shall  take  the  usual  oath. 


City  Code,  (1879)  Art.  11,  Sec.  21.  City  Code,  (1893)  Art.  11,  Sec.  21. 

21.  In  the  event  of  the  necessary  absence  of  the  City  to  act  in  ab- 
Register  from  sickness  or  other  cause,  the  said  Deputy  Register. 
Register  shall  have  full  power  and  authority  to  exercise 
and  perform  all  the  duties  of  the  City  Register. 


City  Code,  (1879)  Art.  11,  Sec.  20.  City  Code,  (1893)  Art.  11,  Sec.  22. 

22.  In  case  of  a vacancy  occurring  in  the  office  of  the  ^Se  of  city 
City  Register,  the  person  elected  to  fill  such  vacancy,  shall, 
before  he  enters  upon  the  duties  of  his  office,  execute  a 
bond  in  the  same  manner  as  provided  in  the  case  of  the 
City  Register. 


Duties  of  City  Register, 

Ord.  6,  March  14,  1888.  Ord.  3,  December  5,  1889.  Ord.  5,  February 
12,  1890.  City  Code,  (1893)  Art.  11,  Sec.  24. 

Ord.  47,  March  1,  1904. 

23.  The  City  Register  shall  record,  or  cause  to  be  re- Appointments 
corded,  in  a book  or  books,  all  appointments  of  each  and  ^corded, 
every  officer  of  the  corporation  ; and  shall  take  under  his 
charge  all  money  now  belonging  to  or  which  may  here-  custodian  of 
after  belong  to  the  corporation,  and  shall  immediately  ^ity  monies, 
deposit  the  same  in  the  name  of  the  Mayor  and  City  Coun- 
cil of  Baltimore  in  the  depository  banks  for  city  funds.  Depository 
which  shall  be  selected  by  the  Commissioners  of  Finance, 
and  which  they  shall  certify  to  the  City  Register,  and  it 
shall  be  the  duty  of  the  Commissioners  of  Finance  in  mak- 
ing such  selections  to  make  such  agreement  with  the  banks 
selected  with  regard  to  compensating  the  city  either  by  ^"deposu^ 


706 


COMPTROI.I.KR  AND  CITY  REGISTER — ORDINANCES.  [arT.  6. 


Payment  of 
claims 
against  city. 


Disburse- 

ments. 


Report  to  City 
Council  of 
monies 
received  and 
expended. 


Financial  re- 
port to  City 
Council. 


Mayor  may 
audit  ac- 
counts. 


Temporary 
loans  to  rt 
corporate 
needs. 


Ofl&ce  hours. 


service  in  payment  of  the  city  interest  or  some  rate  of  com- 
pensation in  the  shape  of  interest  on  the  balances  belong- 
ing to  the  city  as  in  their  judgment  will  be  to  the  best 
interests  of  the  city ; and  the  City  Register  is  hereby 
directed,  upon  endorsement  of  their  correctness  by  the 
Comptroller,  to  make  all  payments  with  checks  on  said 
banks,  countersigned  by  the  Mayor,  and  drawn  to  the 
order  of  some  person  or  persons  having  authorized  claims 
against  the  city,  and  for  the  exact  amount  thereof,  which 
he  shall  regularly  enter  in  a bank  book,  particularly  stat- 
ing the  date,  the  name  of  the  person  or  persons  and  the 
amount ; and  it  shall  be  his  duty  to  keep  regular  and  cor- 
rect accounts,  in  a book  or  books,  in  folio,  of  all  money 
received  and  expended  by  him  on  account  of  the  city, 
particularly  stating,  under  proper  heads,  the  specific 
objects,  whence  received  and  for  what  expended  ; and  he 
shall  annually  lay  before  the  City  Council,  as  soon  after 
the  thirty-first  day  of  December  as  practicable,  his  account 
of  all  moneys  received  and  expended  by  him  during  the 
past  year,  supported  by  proper  vouchers  ; also  a statement 
of  the  estimated  receipts  and  payments  required  for  the 
current  year,  and  any  other  information  connected  with 
the  finances  of  the  city  which  may  be  calculated  to  aid  the 
City  Council  in  their  deliberations  upon  the  subject ; and, 
when  required  by  the  Mayor,  he  shall  exhibit  to  him  his 
accounts  and  vouchers,  his  bank  books  and  crossed  checks. 


City  Code,  (1879)  Art.  11,  Sec.  23.  City  Code,  (1893)  Art.  11,  Sec.  25. 

24.  In  anticipation  of  the  receipts  of  taxes  levied  for 
any  year,  the  City  Register,  with  the  approval  of  the 
Mayor,  may  temporarily  borrow  money  for  the  use  of  the 
city  for  any  of  its  corporate  purposes. 


City  Code,  (1879)  Art.  11,  Sec.  27.  City  Code,  (1893)  Art.  11,  Sec.  29. 

25.  The  City  Register  shall  attend  at  his  office  in  the 
City  Hall  every  day  (Sundays  excepted)  from  nine  o’clock 
in  the  morning  to  three  in  the  afternoon,  unless  prevented 
by  sickness  or  other  unavoidable  cause. 


ART.  6.]  DUTIES  OF  CITY  REGISTER — ORDINANCES. 


707 


Ord.  4,  February  26,  1885.  Ord.  53,  April  21,  1890.  Ord.  57,  April  21, 

1892.  City  Code,  (1893)  Art.  11,  Secs.  30,  30A.  Ord.  17, 

October  28,  1903.  Ord.  206,  February  21,  1905. 

26.  The  City  Register  is  authorized  to  employ  in  his  subo^duiates 
department  a chief  clerk,  whose  compensation  shall  be  and 

seventeen  hundred  dollars  per  annum,  a clerk  who  shall 
be  stock  clerk  and  clerk  to  the  Board  of  Awards,  whose 
compensation  shall  be  sixteen  hundred  dollars  per 
annum ; an  additional  clerk  whose  salary  shall  be  nine 
hundred  dollars  per  annum  ; and  an  assistant  clerk,  whose 
salary 'shall  not  exceed  twelve  hundred  dollars  per  annum. 


City  Code,  (1879)  Art.  11,  Sec  29.  City  Code,  (1893)  Art.  11,  Sec.  31. 

Ord.  53,  April  19,  1892. 

27.  All  fees  or  perquisites  of  or  appertaining  to  the 
office  of  the  City  Register,  or  allowable  to  the  City  Reg-  treasury, 
ister  or  Deputy  Register  under  the  statutes  of  the  State,  or 
ordinances  of  the  corporation  of  Baltimore  (except  the 
payment  made  to  the  City  Register  by  the  State  Treasur- 
er, under  the  authority  of  section  155  of  the  City  Charter 
and  the  payment  made  to  the  Deputy  Register  under  the 
authority  of  section  41  of  the  City  Charter),  shall  be  paid 
into  the  city  treasury. 


Ord.  110,  May  31,  1894. 

28.  The  City  Register  shall  make  two  alphabetical  lists  to  make  two 
of  all  streets,  lanes  and  alleys,  whose  names  have  been 
changed  in  whole  or  in  part  from  the  names  on  Poppleton's  . 

official  map  of  Baltimore  city,  and  from  time  to  time  he  fhfnimes 
shall  at  once  add  to  said  lists  all  future  changes  in  the  names  ?inesf  etc. 
of  streets,  lanes,  avenues,  places  and  terraces  within 
the  present  boundaries  of  the  city  of  Baltimore  ; said  lists 
to  contain  the  former  names  immediately  below  the  new 
names  of  all  'such  streets,  lanes,  alleys,  avenues,  places 
and  terraces  so  changed  ; one  copy  of  said  lists  to  remain 
in  his  office,  and  one  copy  to  be  given  to  the  Clerk  of  the 
Superior  Court  of  Baltimore  City,  to  be  posted  in  his  office 
in  public  view. 


708 


COMPTROLIvKR  and  city  register — ORDINANCES.  [arT.  6. 


System  of 
accounts  to 
be  adopted. 


All  monies  to 
be  paid  to 
Comptroller. 


Proviso. 


ACCOUNTS. 

City  Code,  (1879)  Art.  11,  Sec.  30.  City  Code,  (1893)  Art.  11,  Sec.  32. 

29.  The  Mayor,  Comptroller  and  City  Register  are 
requested  to  adopt  a system  of  keeping  the  accounts  in 
the  different  branches  of  the  city  government,  as  will 
fully  protect  all  the  interests  of  the  city,  and  to  devise  a 
system  of  checks  by  which  each  branch  of  the  city  govern- 
ment shall  be  held  responsible  for  all  its  receipts  and 
expenditures.  No  money  shall  be  paid  out  for  any  purpose 
in  any  of  the  branches  of  the  city  government,  except 
through  the  warrant  of  the  Comptroller  upon  the  City 
Register,  and  all  moneys  received  for  any  object  or  purpose 
whatever,  unless  otherwise  provided  by  law  or  ordinance, 
shall  be  turned  in  to  the  Comptroller,  and  by  him  delivered 
in  turn  to  the  City  Register.** 

Robb  V.  Carter,  65  Md.  321. 


**For  the  due  execution  of  sections  29  and  30,  the  following  rules  were 
adopted  by  the  Mayor,  Comptroller  and  City  Register  on  February  19, 
1877. 

1st.  That  the  several  departments  of  the  city  government,  whenever 
the  sum  of  money  received  by  them  respectively  shall  amount  to  five 
hundred  dollars,  shall  report  the  same  to  the  Comptroller,  specifying 
the  source  or  sources  from  which  it  was  received,  and  obtain  from  him  a 
receiving  warrant  to  pay  such  money  to  the  City  Register.  Provided 
that  uo  department  shall  be  required  to  make  more  than  one  payment 
on  any  one  day  ; and  provided  further,  that  all  the  departments  that  may 
receive  money  as  revenue  shall  on  the  first  Wednesday  of  each  month, 
pay  over  to  the  City  Register,  on  the  receiving  warrant  of  the  Comp- 
troller, such  sum  as  may  respectively  be  in  their  possession. 

2nd.  That  each  department  shall  take  duplicate  bills  of  every  item  of 
expense  it  may  contract  for  or  incur,  one  of  which  shall  be  retained  and 
filed  in  the  department,  and  the  other  bill  or  voucher,  with  a warrant 
from  such  department  on  the  Comptroller  for  the  payment  of  the  same, 
shall  be  sent  to  the  Comptroller.  Provided,  that  the  pay  rolls  of  each 
department  may  be  drawn  in  favor  of  its  proper  accredited  officer  ; such 
pay  roll,  however,  to  be  filed  in  the  office  of  the  Comptroller  as  are  other 
billsor  vouchers;  and  provided  further,  that  in  cases  of  contracts  in  which 
money  may  be  payable  on  account,  the  department  having  a contract  in 
charge,  shall  take  duplicate  receipts,  one  of  which  shall  be  retained, 
and  the  other,  with  a warrant  on  the  Comptroller,  shall  be  sent  to  that 
officer. 


709 


ART.  6.]  ACCOUNTS — ORDINANCES. 

City  Code,  (1879)  Art.  11,  Sec.  31  City  Code,  (1893)  Art.  11,  Sec.  33. 

30.  The  municipal  officials  who  are  charged  with  the 
duty  of  issuing  warrants  and  checks  in  favor  of  the  cred-  officers, 
itors  of  the  city  are  imperatively  required  to  be  present  in 
their  respective  offices  on  Tuesday  and  Friday  of  each 
week,  from  9 o’clock  A.  M.  to  2 o’clock  P.  M.,  in  order  to 
discharge,  without  delay,  to  the  holders  of  claims  against 
the  city,  the  duties  required  of  them  under  the  next 
preceding  section. 


Ord.  85,  October  6,  1879.  City  Code,  (1893)  Art.  11,  Sec.  34. 

31.  It  shall  not  be  lawful  for  any  municipal  official,  written  au- 

e 1 • thonty  for 

officer,  employe,  servant  or  agent  of  the  city  of  Baltimore,  municipal 

, . . , T work  re- 

or  for  any  commissioner  or  board  of  commissioners  elected,  amred. 
or  appointed  by  the  Mayor  and  City  Council,  to  order  any 
work  to  be  done  or  supplies  to  be  furnished  for  the  use  of 
the  city  of  Baltimore,  or  of  any  branch  of  the  city  govern- 
ment, unless  such  order  shall  be  given  in  writing  and 
signed  by  the  person  giving  such  order. 


3d.  The  offices  of  the  Comptroller  and  the  City  Register  shall  be  open 
on  Tuesday  and  Friday  of  each  week,  from  9 o’clock  A.  M.  to  2 o’clock 
P.  M.,  for  the  issuing  of  warrants  and  the  payment  of  the  same,  respec- 
tively ; and  that  all  warrants  issued  by  the  departments  for  the  payment 
of  money,  with  accompanying  bills  or  vouchers,  shall  if  required  by  the 
Comptroller,  be  deposited  in  his  office  before  12  o’clock  M.  on  the  day 
preceding  the  day  of  payment,  to  the  end  that  the  same  may  be  audited 
and  warrants  issued  without  much  detention  on  the  day  of  payment ; 
provided,  that  so  much  of  this  rule  as  may  require  a deposit  in  advance 
of  the  day  of  payment  shall  not  apply  to  bills  or  warrants  for  the  sum  of 
ten  dollars  or  less. 

4th.  The  teachers  and  officers  of  the  public  schools,  city  officers, 
officers  of  the  courts,  as  well  as  the  expenses  of  the  courts,  shall  be  paid 
as  provided  by  existing  laws  or  ordinances. 

5th.  Much  embarrassment  has  been  experienced  in  the  filing  and  in 
the  examination  of  papers  on  file,  in  consequence  of  many  bills  or 
vouchers  being  written  on  small  slips  of  paper;  therefore,  no  bill  or 
voucher  will  be  recognized  at  the  office  of  the  Comptroller  that  measures 
less  than  seven  inches  by  three  and  one-half  inches,  and  which  is  not 
written  in  ink. 


710 


COMPTROI.I.KR  and  CITY  REGISTER— ORDINANCES.  [arT.  6. 


Official  memo- 
randum of 
such  work 
and  supplies 
to  be  kept. 


Contents 

thereof. 


Comptroller 
not  to  pay 
bills  except 
upon  written 
orders. 


Ord.  85,  October  6,  1879.  City  Code,  (1893)  Art.  11,  Sec.  35. 

32.  There  shall  be  kept  in  the  office  of  each  and  every 
municipal  official,  officer,  agency,  employe,  servant  or 
agent,  of  the  city  government,  who  or  which  may  order 
work  to  be  done  or  supplies  to  be  furnished,  and  for  which 
payment  is  to  be  made  by  the  Mayor  and  City  Council  of 
Baltimore,  an  official  copy  or  memorandum  of  each  and 
every  order  issued  for  work  or  supplies,  with  the  probable 
cost  of  the  same,  which  official  copy  or  memorandum  shall 
at  all  times  be  open  to  the  inspection  of  the  Mayor, 
Comptroller  and  members  of  the  City  Council  of  Baltimore. 


Ord.  85,  Oct.  6,  1879.  City  Code,  (1893),  Art.  11,  Sec.  36. 

33.  It  shall  not  be  lawful  for  the  Comptroller  to  honor 
any  bill  or  warrant  for  payment  for  work  done  or  supplies 
ordered  for  the  use  of  the  city  of  Baltimore,  or  of  any 
municipal  official,  officer,  agency,  employe,  servant  or 
agent  of  the  city  of  Baltimore,  unless  the  written  order 
for  such  work  or  supplies,  signed  by  the  person  or  persons 
ordering  the  same,  shall  accompany  the  bill  or  warrant  for 
payment. 


ART.  7.]  CONDEMNATION  OF  PROPERTY — ORDINANCES. 


711 


ARTICLE  VII. 

CONDEMNATION  OF  PROPERTY  FOR 
PUBLIC  USES. 

ORDINANCES. 


1.  For  what  public  uses  property 
may  be  condemned , proced- 
ure in  condemnations  ; disa- 
greement with  owners  or  when 
owners  are  non-compoSy  in- 
fants, non-residents,  etc.  ; 
when  summons  may  issue ; 
renewal  of  summons ; when 
owners  unknown  summons 
may  be  posted  on  property ; 
procedure  on  return  of  sum- 
mons ; when  court  may  quash 
petition  ; may  order  re-sum- 
mons when  error  in  proceed- 
ings ; when  proceedings  regu- 
lar may  appoint  appraisers ; 


duty  of  appraisers  ; if  apprais- 
ers unable  to  agree,  new  ap- 
praisers to  be  appointed  ; ex- 
ceptions to  award  ; jury  trial ; 
as  in  street  appeals  ; confirma- 
tion of  award  ; after  award  city 
to  pay  owners  or  pay  amount 
of  award  into  court;  such  pay- 
ment to  vest  title  in  city. 

2.  Procedure  when  not  expressly 

provided  for  by  ordinance. 

3.  Provisions  of  this  Article  not  to 

conflict  with  City  Charter. 


CONDEMNATION  OF  PROPERTY  FOR  PUBLIC  USES. 

Ord.  46,  March  1,  1904.  Ord.  60,  March  18,  1904. 

1.  Whenever  the  said  Mayor  and  City  Council  of  Balti- 
more  shall,  by  ordinance,  authorize  or  direct  any  board  or 
commission,  agents  or  agent,  persons  or  person,  to  acquire 
for  it  by  condemnation,  for  a school  house,  engine  house, 
court  house,  market,  bridge  or  approach  to  a bridge,  or  for 
the  establishment  or  enlargement  of  a park,  square, 
garden,  or  other  public  place,  or  for  any  other  public  or 
municipal  purpose  whatsoever,  any  land,  or  any  right, 
title  or  interest  in  or  to  any  property  of  whatsoever  descrip- 
tion, which  may  be  acquired  by  the  said  Mayor  and  City 
Council  of  Baltimore  by  condemnation  proceedings,  and 


712  CONDEMNATION  OF  PROPERTY — ORDINANCES.  [aRT.  7. 

the  manner  of  conducting  such  condemnation  proceedings 
shall  not  be  otherwise  provided  for,  the  said  condemnation 
shall  be  conducted  in  the  manner  following,  that  is  to  say  : 

Manner  of  con-  A petition  shall  bo  filed  in  the  Baltimore  City  Court  in 

demnation.  the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
setting  forth  a description  of  the  property  proposed  to  be 
acquired,  together  with  a statement  of  the  purpose  for 
which  the  same  is  desired,  and  that  the  board,  commission, 
agents,  agent,  persons  or  person,  authorized  to  acquire  the 
same  are  unable  to  agree  with  the  owner  or  owners  there- 
of, or  that  one  or  more  of  said  owners  are  under  age, 
femme  covert,  non  compos  mentis,  the  unknown  heirs  of 
some  deceased  person  or  persons,  non-residents  of  the  city 
of  Baltimore,  under  some  legal  disability  to  contract,  or 
are  unknown,  whichever  may  be  the  fact  or  facts  that 
cause  the  condemnation  proceedings,  and  said  petition 
shall  contain  a prayer  that  the  court  will  have  the  said 
property  condemned ; the  court  shall  thereupon  pass  an 
order  requiring  a summons  to  issue  for  the  owner  or 
owners,  or  supposed  owner  or  owners  of  the  property,  and 
the  husbands  and  wives  respectively  of  those  who  may  be 
named,  to  be  served  by  the  Sheriff  and  to  be  returned  by 
some  day  to  be  named  in  said  order,  not  less  than  ten  nor 
more  than  twenty  days  from  the  day  of  the  filing  of  said 
petition  ; and  if  the  owner  or  owners,  or  any  of  them,  be 

Summons  may 

be  renewed,  not  summoned  before  the  return  day  of  the  said  summons, 
the  same  may  be  renewed  from  time  to  time  as  often  as 
the  court,  in  its  discretion,  may  think  proper ; or,  if  the 
said  owner  or  owners,  or  any  of  them,  are  non-residents 
of  the  city  of  Baltimore,  or  are  unknown,  or  cannot  be 
found  upon  reasonable  inquiry,  the  court  shall  order  the 
Sheriff  to  set  up  a copy  of  the  summons  upon  the  property, 
and  shall  order  a notice  to  said  non-resident  or  non-resi- 
dents, or  unknown  owner  or  owners,  or  unknown  heirs  of 
such  deceased  person  or  persons,  or  the  owner  or  owners 
who  cannot  be  found  and  served  with  summons,  to  be 
published  twice  a week  for  four  successive  weeks  in  two 
daily  newspapers  published  in  the  city  of  Baltimore, 
requiring  them  to  appear  in  the  said  court  and  defend 
their  interest  on  or  before  some  day  to  be  named  in  the 


ART.  7 ] SUMMONS  AND  APPRAISEMENT — ORDINANCES. 


713 


order,  which  day  shall  be  not  less  than  six  weeks  nor 
more  than  eight  weeks  from  the  day  of  the  signing  of  the 
said  order.  Upon  the  return  of  the  said  summons,  or  upon  Return  of 

• • 1 1 1 summons. 

the  expiration  of  the  time  prescribed  in  said  order  of  pub- 
lication, or  upon  the  appearance  of  the  owner  or  owners, 
or  supposed  owner  or  owners  of  said  property,  the  court 
shall  hear  and  determine  any  reasons  that  may  be  alleged 
why  said  property  should  not  be  lawfully  condemned  for 
the  purpose  set  forth,  and  if  it  appears  to  the  court  that 
any  such  owner  or  reputed  owners  are  under  any  legal 
disability  to  make  his,  her  or  their  defense,  the  court  shall 
either  authorize  their  duly  constituted  guardian  or  com- 
mittee to  appear  and  defend  for  them,  or  shall  appoint 
some  suitable  person  as  guardian  ad  litem  for  them,  to 
appear  in  their  name  and  defend  their  rights  ; if  the  court 
shall  determine  that  the  property  is  not  subject  to  condem- 
nation at  all,  it  shall  quash  the  petition  ; if  it  shall  determine 
that  the  proceedings  are  void  for  want  of  a proper  notice 
or  summons,  which  has  not  been  cured  by  the  appearance 
of  the  owners  or  reputed  owners  of  the  property,  it  shall 
order  a re-summons  or  a re-publication  of  the  order  or  court  may 
notice  ; the  court  shall  at  any  time  have  power  to  permit  resummons, 
any  amendments  in  matters  of  form  ; if  there  be  no  objec- 
tion to  the  condemnation  of  the  said  property,  or  if  the 
court  shall  decide  against  the  validity  of  any  such  objec- 
tion as  may  be  alleged,  it  shall  order  and  adjudge  that 
such  property  be  subject  to  condemnation,  and  shall 
appoint  as  appraisers  three  inhabitants  of  the  city  of 
Baltimore,  not  in  anywise  interested  in  the  property  to  be 
condemned,  nor  related  to  the  owner  or  owners  thereof, 
each  of  whom  shall,  before  acting,  make  oath  before  the 
Clerk  of  the  Baltimore  City  Court,  or  before  any  officer 
duly  authorized  to  take  affidavits,  that  he  will  justly  and 
impartially  value  the  property  described  in  the  aforesaid 
petition,  and  the  interests  of  the  several  owners  thereof, 
and  as  soon  as  conveniently  may  be  the  said  appraisers 
shall  assess  the  value  of  the  property,  or  the  interest  or  property, 
estate  therein  sought  to  be  condemned,  and  apportion  the 
same  among  the  various  owners  thereof,  according  to  the 
values  of  their  respective  interests,  and  return  to  the 


714 


CONDEMNATION  OF  PROPERTY — ORDINANCES.  [arT.  7. 


Baltimore  City  Court  their  award  of  the  value  of  the  said 
property  and  of  the  respective  interests  of  the  several 
owners  thereof,  under  their  hands  and  seals,  and  shall 
give  notice  by  advertisement  twice  a week  for  one  week 
in  two  of  the  daily  papers  published  in  Baltimore  city, 
that  such  award  has  been  returned  to  the  Baltimore  City 
Court,  and  that  all  persons  having  an  interest  therein  may 
show  cause,  if  any  they  have,  why  the  same  should  not  be 
confirmed  during  the  ten  days  succeeding  the  filing  of  the 
said  award ; and  if  the  appraisers  appointed  as  herein- 
before provided  should  be  unable  to  agree  upon  an  award, 
they  shall  so  report  to  the  Baltimore  City  Court,  and  new 
appraisers  shall  be  appointed  who  shall  proceed  as  above 
provided ; and  new  appraisers  may  in  like  manner  be 
New  appraisers  appointed  from  time  to  time,  until  an  award  shall  be 

may  be 

appointed  agreed  upon ; the  said  award  shall  be  in  court  ten  days 

time.  subject  to  cxccption,  and  either  the  Mayor  and  City  Coun- 
cil of  Baltimore,  or  any  owner  or  reputed  owner  of  any 
interest  in  the  property  sought  to  be  condemned,  whether 
he  shall  have  previously  appeared  to  the  said  petition,  or 
shall  have  been  made  a party  thereto  or  not,  shall  have 
the  right  to  file  exceptions  to  said  award,  and  any  person 
interested  in  the  said  property  may  pray  a jury  trial  on 
the  hearing  of  the  same  ; upon  such  exceptions  being  filed, 
the  court  shall,  as  soon  thereafter  as  conveniently  may  be, 
have  the  same  heard,  tried  and  determined  in  court  (before 
a jury,  if  requested  by  either  party)  in  the  same  manner 
as  appeals  in  street  cases  are  now  heard,  and  all  the  taxed 
costs  of  such  appeal  shall  be  paid  by  the  Mayor  and  City 
After  con-  Council  of  Baltimore ; after  the  confirmation  of  all  the 

au“wSs°  awards  of  the  said  appraisers,  to  which  there  are  no 
exceptions,  and  after  the  rendition  of  the  verdicts  by  the 
juries,  and  the  approval  thereof  by  the  Judge  of  the  Bal- 
timore City  Court,  in  all  cases  where  there  are  such 
exceptions  or  appeals,  or  after  judgment  rendered  by  the 
court  upon  exceptions  and  appeals,  when  no  jury  trial  is 
requested,  the  said  Mayor  and  City  Council  of  Baltimore 
shall  either  pay  to  the  owner  of  such  property  the  amount 
awarded  by  the  jury  or  appraisers,  or  pay  the  same  into 
the  clerk's  office  of  the  Baltimore  City  Court,  for  the  use 


ART.  8.] 


COURTS — ORDINANCES . 


715 


of  the  respective  owners  of  said  property,  or  of  the  respec- 
tive interests  therein,  and  thereupon  the  Mayor  and  City 
Council  of  Baltimore  shall  be  vested  with  the  title  to  the 
said  property. 


Ord.  46,  March  1,  1904.  Ord.  60,  March  18,  1904. 

2.  In  all  cases  in  which  the  Mayor  and  City  Council  of 
Baltimore  has  heretofore  by  ordinance  authorized  and  Acquisition  by 
directed  the  acquisition  by  condemnation  of  property  for 
its  use,  and  has  not  prescribed  by  such  ordinance  the 
manner  in  which  condemnation  proceedings  thereunder 
shall  be  conducted,  such  proceedings,  unless  otherwise 
provided  by  law  or  ordinance,  shall  be  conducted  in  accord- 
ance with  section  1 of  this  Article. 


Ord.  46,  March  1,  1904.  Ord.  60,  March  18,  1904.  Thisordi- 

• ••  1 nance  cannot 

3.  The  foregoing  provisions  of  this  Article  shall  not  be  conflict  with 

1 . . r.  1 City  Charter. 

construed  as  conflicting  with  any  provision  of  the  Charter 
of  Baltimore  city,  or  of  any  existing  law,  nor  as  conflicting 
with,  supplanting  or  altering  any  existing  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore  providing  the  manner 
in  which  condemnation  proceedings  shall  be  conducted. 


ARTICLE  VIII. 

COURTS. 

ORDINANCES. 


Judges  of  Supreme  Bench. 

1.  Judges  of  Supreme  Bench  to  receive  additional  salary. 


716 


KIvKCTRICAI,  commission  and  subways — ORDINANCES.  [arT.  9. 


Additional 

salary. 


JUDGES  OF  SUPREME  BENCH. 

City  Code,  (1879)  Art.  14,  Sec.  1.  City  Code,  (1893)  Art.  14,  Sec.  1. 

1.  There  shall  hereafter  be  annually  paid  by  the  City 
Register,  out  of  the  city  treasury,  to  each  of  the  Judges  of 
the  Supreme  Bench  of  Baltimore  city,  the  sum  of  five 
hundred  dollars,  as  an  addition  to  the  salaries  paid  to  the 
said  Judges  by  the  State  of  Maryland,  the  said  sum  of  five 
hundred  dollars  be  paid  in  equal  quarterly  instalments  on 
the  first  days  of  January,  April,  July  and  October  of  each 
year. 


ARTICLE  IX. 

ELECTRICAL  COMMISSION  AND 
SUBWAYS. 

ORDINANCES. 


Electrical  Commission  of 
Baltimore. 

1.  Authority  to  construct  a general 

system  of  conduits  under  the 
streets,  etc. 

Chief  Engineer. 

2.  Commission  to  employ ; his 

compensation  ; must  be  an 
electrical  expert. 

Subordinates. 

3.  Authority  to  employ  assistants. 

Labor  and  Materials. 

4.  To  employ  labor  and  purchase 

materials  as  may  be  necessary; 
registered  voters  only  to  be 
employed. 


Contracts. 

5.  Commission  to  have  prepared 

plans  and  specifications  of 
work  tp  be  performed  ; to  ad- 
vertise for  proposals. 

Powers  of  Electrical  Commission 
and  Use  of  Subways. 

6.  To  require  all  wires  to  be  placed 

under  ground ; to  enforce  or- 
dinances to  this  end. 

7.  To  rent  space  in  conduits  to  any 

applicant ; proviso. 

8.  Over-head  wires  to  be  placed 

under-ground  b}^  owners  of 
same  on  requirement  of  Com- 
mission. 


ART.  9.]  ELECTRICAL  COMMISSION  AND  SUBWAYS — ORDINANCES. 


717 


9.  Time  limit  within  which  such 

order  of  Commission  must  be 
complied  with ; penalty  for 
non-compliance. 

10.  Commission  may  chop  down 

poles  on  failure  of  owners  to 
remove  same. 

11.  Commission  to  serve  notice 

upon  the  president  or  general 
manager  of  companies  main- 
taining over-head  wires  to 
furnish  plans  of  wires,  etc.; 
penalty  for  failure  to  furnish 
such  information. 

Rentals,  Rules  a7id  Regulations 
Relatmg  to  Duct  Space. 

12.  Commission  to  determine  rent- 

als and  fix  conditions,  rules, 
etc.,  for  use  of  conduits. 

13.  Scale  of  rentals  for  city  con- 

duits. 

14.  Collection  of  rental  in  arrears 

and  removal  of  wires  for  non- 
payment of  rental. 

Monthly  Stateme^it. 

15.  Commission  to  make  monthly 

statement  to  Comptroller  of 
money  received;  to  pay 
moneys  to  City  Register. 

Bond  from  Users  of  Duct  Space. 

16.  Corporations,  etc.,  to  give  bond 

before  placing  wires  in  ducts. 

Unlawful  Tampering  with  Subway 
System. 

17.  Tampering  with  manholes  or 

conduit  system  without  per- 


mit from  Commission  pro- 
hibited. 

18.  Penalty  for  such  tampering. 

The  Chesapeake  and  Potomac  Tel- 
ephone Company  of  Baltimore 
City  and  The  Chesapeake 
and  Potomac  Telephone 
Company. 

19.  Confirming  rights  vested  im 

said  companies  under  Ord. 
41,  May  9,  1889;  said  com- 
panies authorized  to  lay  their 
wires  underground ; to  con- 
struct conduits  and  man- 
holes ; may  make  necessary 
house  connections. 

20.  No  exclusive  rights  granted  to^ 

said  companies  hereunder ; 
poles  to  be  removed  as  con- 
duits are  completed. 

21 . Said  Companies  to  make  annual 

payment  to  city  as  compensa- 
tion for  privileges  granted ;, 
minimum  amount  of  sucIl 
payment;  Commission  to  sup- 
ervise construction ; pave- 
ments to  be  replaced  at  ex- 
pense of  companies. 

22.  Such  construction  to  provide 

space  for  fire  alarm  and  police 
patrol  wires. 

23.  Said  companies  to  give  bond. 

24.  Provisions  of  Ord.  41,  May  9, 

1889  to  remain  unaffected  by 
this  codification. 

Fines  and  Penalties. 

25.  Collection  of  fines  and  penalties 

imposed  by  this  Article. 


718  kIvKctricai,  commission  and  subways — ORDINANCES,  [art.  9. 


Authority  to 
construct  a 
general  sys- 
tem of  con- 
duits 
under  the 
streets,  etc. 


Authority  to 
employ. 


Authority  to 
employ  help 


ELECTRICAL  COMMISSION  OF  BALTIMORE.^" 

fOrd.  107,  August  25,  1898,  Sec.  1. 

1.  An  Electrical  Commission  for  the  city  of  Baltimore 
is  hereby  created,  to  consist  of  the  Mayor  of  the  City,  ex 
officio,  and  the  City  Register,  ex  officio,  and  President  of 
the  Board  of  Fire  Commissioners,  ex  officio,  and  said  Com- 
mission is  hereby  authorized  and  directed  to  construct  a 
general  system  of  conduits  under  the  streets,  lanes  and 
alleys  of  the  city  of  Baltimore  for  the  reception  of  the 
wires  now  strung  over  said  streets,  except  the  trolley 
wires  belonging  to  street  railway  companies ; said 
conduits  to  be  constructed  within  such  territory  or 
districts  as  may  be  determined  by  said  Electrical  Com- 
mission, in  pursuance  of  the  Acts  of  Assembly  of  Maryland, 
Chapter  200,  of  the  Acts  of  1892.  , 

Chief  Engineer. 

Ord.  107,  August  25,  1898,  Sec.  2. 

2.  The  Electrical  Commission  is  authorized  and  em- 
powered to  employ  a suitable  Chief  Engineer  at  such  salary 
as  said  Commission  may  direct,  not  exceeding  four  thousand 
dollars  ($4,000)  a year,  who  shall  cause  to  be  prepared 
the  plans  and  specifications  for  the  execution  of  the  work 
and  superintend  the  construction  of  the  same,  but  the  Chief 
Engineer  shall  be  an  electrical  expert  as  well  as  a civil 
engineer. 


Subordinates. 

Ord.  107,  August  25,  1898,  Sec.  3. 

3.  The  Electrical  Commission  is  hereby  authorized  and 
•empowered  to  employ  such  engineers,  inspectors,  drafts- 

*NoTE. — For  prior  legislation  relative  to  earlier  commissions  relating 
to  the  work  of  placing  Police  and  Fire  Alarm  Telegraph  and  Police 
Patrol  Systems  and  other  electrical  wires  under  ground,  see,  ordinances, 
No.  49,  April  16,  1894,  No.  34,  April  16,  1895,  No.  107,  June  12,  1895, 
No.  96,  May  16,  1896. 

fNoTE. — Ord.  107,  August  25,  1898,  is  fully  construed  in  re  Purnell  z/. 
McEane,  98  Md.  590. 


ART.  9.]  POWERS  OF  KTKCTRICAT  COMMISSION  — ORDINANCES. 


719 


men,  electricians,  clerks,  laborers  and  other  employes  as 
in  its  judgment  are  requisite  for  the  best  interests  of  the 
work. 


Labor  and  Materials. 

Ord.  107,  August  25,  1898,  Sec.  4. 

4.  The  Electrical  Commission  is  authorized  and 
empowered  to  employ  such  labor  and  to  purchase  such 
materials  as  may  be  necessary  to  enable  the  said  Commis-  "materials, 
sion  to  perform  the  work  under  the  direction  of  the  Chief 
Engineer,  or  so  much  of  the  work  as  said  Commission  may 
deem  to  the  best  interest  of  the  city  of  Baltimore  for  said 
Commission  to  perform,  but  in  hiring  labor  it  shall  hire  no 
man  who  is  not  a legally  registered  voter  of  the  city  of  emp^ioyed.„ 
Baltimore. 


Contracts. 

Ord.  107,  August  25,  1898,  Sec.  5. 

5.  Before  any  contract  shall  be  awarded  for  the  furnish-  commission  to 
ing  of  any  or  all  materials  for  beginning  the  construction  pj^d’pf^ns 
or  constructing  of  said  conduits,  the  Electrical  Commission  specifications 
shall  have  prepared  (after  obtaining  from  the  various  perfumed. 
corporations  and  persons  owning  overhead  wires  such  data 
relating  to  size,  routes  and  number  of  said  wires  owned 

and  operated  by  them,  respectively,  and  such  other  data 
as  the  Electrical  Commission  may  deem  requisite)  full  and 
comprehensive  plans  and  specifications  of  the  work  to  be 
performed  under  this  Article  and  to  advertise  for  proposals  ^fo1-'^p?opos\is. 
for  furnishing  the  necessary  materials,  the  plans  and 
specifications  to  be  open  to  all  bidders  up*  to  the  date  for 
opening  proposals. 

POWERS  OF  ELECTRICAL  COMMISSION  AND  USE  OF 
SUBWAYS. 

Ord.  107,  August  25,  1898,  Sec.  10. 

6.  The  Electrical  Commission  is  empowered  and  di- 
rected to  require  all  wires  to  be  removed  from  above  the 


720  KI^KCTRICAIv  commission  and  subways — ORDINANCKS.  [aRT.  9. 


To  require  all 
wires  to  be 
placed  un- 
der-ground. 


To  rent  space. 


iProviso. 


Wires  to  be 
placed  under- 
ground. 


streets  (no  wires  being  allowed  to  cross  over  any  street, 
lane  or  alley  from  house  to  house)  and  placed  under-ground 
in  said  conduits  (the  trolley  wires  of  the  street  railway 
companies  excepted)  in  such  streets  or  districts  and  at 
such  times  and  in  such  manner  and  on  such  notice  as  may 
be  prescribed  by  the  Electrical  Commission;  and  further, 
to  use  such  drastic  or  summary  methods  as  may  in  the 
judgment  of  the  Electrical  Commission  become  expedient 
or  necessary  to  fulfil  the  requirements  of  the  laws  and 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
which  have  been  or  which  may  hereafter  be  passed  requir- 
ing telegraph,  telephone,  electric  light,  feed  and  other 
(except  trolley)  wires  to  be  placed  under  ground. 


Ord.  107,  August  25,  1898,  Sec.  11. 

7.  When  said  conduits,  or  any  part  thereof  shall  have 
been  completed  and  made  ready  for  occupancy,  and  the 
rate  of  rental  thereof  shall  have  been  fixed  and  established 
as  heretofore  provided,  the  Electrical  Commission  is  author- 
ized and  directed  to  rent  space  in  the  said  municipal 
conduits  to  any  applicant  who  shall  comply  with  the  con- 
ditions prescribed  by  this  Article  and  such  further  condi- 
tions as  may  be  specified  by  the  Electrical  Commission; 
provided,  however,  that  said  applicant  shall  place  in  the 
said  space  wires  and  cables  within  six  months  from  the 
time  application  for  said  space  is  granted  by  the  Electrical 
Commission. 

Purnell  v.  McLane,  98  Md.  590. 


Ord.  106,  August  25,  1898. 

8.  All  corporations  or  individuals  owning  or  operating 
overhead  lines  within  the  city  of  Baltimore  are  directed 
to  place  their  wires  underground  in  accordance  with  the 
Acts  of  Assembly  of  Maryland,  Chapter  200,  Acts  of  1892, 
when  ordered  so  to  do  by  the  Electrical  Commission  of  the 
city  of  Baltimore  in  such  streets  or  districts  at  such  time 
and  in  such  manner  as  may  be  prescribed  by  said  Com- 
mission. 


ART.  9.]  DATA  TO  BE  FURNISHED  COMMISSION — ORDINANCES. 


721 


Ord.  106,  August  25,  1898. 

9.  Said  corporations  or  individuals  failing  to  comply  Time  limit, 
with  the  order  of  the  Electrical  Commission  to  place  their 
wires  under  ground  within  one  hundred  and  fifty  (150) 
days  from  the  time  of  said  notification,  to  be  served  on  the 
president,  manager  or  other  legal  representative  of  said 
corporations,  or  on  the  individuals  or  respresentatives  of 
individuals  owning  or  operating  overhead  wires  shall  be 
subject  to  a fine  of  fifty  dollars  ($50)  for  each  and  every  Penalty, 
pole  left  standing  for  each  and  every  week  over  and  above 
the  one  hundred  and  fifty  (150)  days  above  specified. 


Ord.  106,  August  25,  1898. 

10.  The  Electrical  Commission  is  hereby  directed  to  commission’s 
chop  or  saw  down  and  remove  the  poles  and  wires  of  any  move  poles, 
corporation  or  individual  failing  to  comply  with  the  notifi- 
cation of  said  Commission  within  one  hundred  and  seventy- 
eight  (178)  days  from  the  time  of  serving  said  notice. 


Ord.  108,  August  25,  1898. 

11.  As  fast  as  the  Electrical  Commission  shall  decide 
upon  the  streets  and  alleys  of  the  city  through  which  they 
propose  to  construct  the  subways,  there  shall  be  served 
upon  the  president  or  general  manager  of  each  and  every  commission  to 
telegraph,  telephone,  electric  light,  street  railroad,  street 
railway  and  other  companies  having  or  maintaining  over-  JenemT* 
head  wires  of  any  description  on  the  streets  or  alleys  so  de-  S^wfsh 
termined  on  a notice,  to  be  signed  by  the  Mayor,  requiring 
such  companies  to  furnish  to  the  Electrical  Commission  a de- 
tailed statement  or  drawings  and  plans,  or  both,  showing 
clearly  the  wires  they  propose  to  use  (exclusive  of  trolley 
wires)  on  such  streets  and  alleys,  with  the  size  of  said  wires, 
the  points  of  distribution  and  the  location  of  all  city  lamps, 
dwellings,  stores  or  other  places  supplied  with  electrical 
current  by  said  wires,  and  the  character  of  such  service, 
and  such  other  information  with  regard  to  the  same  as  the 
Electrical  Commission  may  consider  requisite  to  enable  it 
to  carry  out  the  purpose  of  its  creation;  and  each  of  said 


722  KI.BCTRICAI,  COMMISSION  AND  SUBWAY — ORDINANCES.  [aRT.  9. 

companies  which  shall  fail  to  furnish  fully  and  accurately 
the  above  information  within  sixty  (60)  days  from  the  time 
of  such  notice  shall  forfeit  and  pay  a fine  of  twenty-five 
Penalty.  dollars  ($25)  a day  for  each  and  every  day  they  shall  re- 
main in-  default. 


RENTALS,  RULES  AND  REGULATIONS  RELATING  TO 
DUCT  SPACE. 

Ord.  107,  August  25,  1898,  Sec.  6. 

12.  The  Electrkal  Commission  is  authorized  and  em- 
powered to  determine  the  amount  of  rental  to  be  charged 
for  the  use  of  the  conduits  constructed  or  to  be  constructed 
under  this  sub-division  of  this  Article,  subject  to  the 
approval  of  the  Mayor  and  City  Council  of  Baltimore;  and 
the  Electrical  Commission  is  further  authorized  to  deter- 
mine and  fix  the  conditions,  rules  and  regulations  governing 
the  use  of  said  conduits,  the  manner  of  payment  of  rentals, 
etc. , and,  further,  to  prescribe  such  summary  methods  as 
may  be  deemed  by  the  Electrical  Commission  expedient  or 
necessary  for  the  enforcement  of  said  conditions,  rules  and 
regulations. 


Authority  to 
determine 
rentals  and 
fix  condi- 
tions, rules, 
etc. 


Ord.  81,  December  10,  1900. 

^R?rcfty^^^^^®  rates  of  said  rentals  as  determined  by  the  Elec- 

conduits.  trical  Commission  are  hereby  approved  and  are  as  follows: 

Up  to  and  including  5,000  feet,  seven  cents  per  duct  foot 
per  annum. 

For  5,001  to  25,000  duct  feet  inclusive,  six  and  a half 
cents  per  duct  foot  per  annum. 

I* 'or  25,001  to  50,000  duct  feet  inclusive,  six  cents  per 
duct  foot  per  annum. 

For  50,001  to  100,000  duct  feet  inclusive,  five  and  a half 
cents  per  duct  foot  per  annum. 

For  100,001  duct  feet  and  over,  five  cents  per  duct  foot 
per  annum. 


Purnell  v.  McEane,  98  Md.  595. 


[art.  9.  MONTHLY  STATEMENT — BONDS — ORDINANCES. 


723 


Ord.  107,  August  25,  1898,  Sec.  7. 

14.  The  Electrical  Commission  is  empowered  and  di- 
rected  to  send  notices  to  all  corporations  or  persons  leasing  arrears, 
space  in  said  conduits  at  least  ten  days  in  advance  of  the 
time  rental  is  due  for  said  space  so  leased,  and  to  collect 
said  rental  within  ten  days  from  the  time  the  same  is  due; 
and  the  said  Commission  is  further  directed,  in  event  of 
failure  of  any  lessee  to  pay  his  or  its  rental  within  the  ten 
days  specified,  to  remove  all  the  cables  or  wires  belonging 
to  said  lessee  without  notice  at  said  lessee’s  expense,  and 
require  the  payment  of  the  rental  in  arrears  by  said  lessee 
before  his  or  its  cables  or  wires  may  be  replaced;  provided 
it  is  deemed  expedient  by  said  Commission  to  reissue  a 
permit  to  said  lessee,  and  the  bond  as  hereinafter  provided  proviso, 
for  shall  be  liable  for  the  expense  of  such  removal  or 
removals  and  arrearages  of  rent. 


Monthly  Statement. 

Orel.  107,  August  25,  1898,  Sec.  8. 

15.  The  Electrical  Commission  is  directed  through  its 
chairman  to  present  a monthly  sworn  statement  to  the  commission  to 
Comptroller  of  all  money  received  by  said  Commission  monthly 
from  rentals,  fines  or  other  sources,  and  to  pay  over  to  the 
City  Register  on  the  first  Monday  of  each  month  the 
moneys  thus  received  during  the  next  preceding  month. 


Bond  from  Users  of  Duct  Space. 

Ord.  107,  August  25,  1898,  Sec.  9. 

16.  The  Electrical  Commission  is  directed  to  require 
from  all  corporations  or  persons  desiring  space  or  com- 
pelled to  rent  space  in  the  said  conduits  a bond  with  good 
and  satisfactory  surety  in  amount  equal  to  one  hundred  corporations, 
dollars  ($100)  per  mile  of  duct  rented  before  said  corpora-  bond!° 
tions  or  persons  are  allowed  to  place  any  of  their  wires  or 
cables  in  said  conduits. 


724  KivECTRICAL  COMMISSION  AND  SUBWAYS — ORDINANCES.  [aRT.  9. 


UNLAWFUL  TAMPERING  WITH  SUBWAY  SYSTEM. 

Ord.  101,  January  15, 1901. 

open  man-  17.  Any  and  all  persons,  except  the  uniformed  force  of 
the  Fire  Alarm  Telegraph  Department,  are  prohibited  from 
tampering  with  or  opening  or  in  any  way  interfering  with 
any  of  the  man-holes  or  lines  of  conduits  in  the  city  conduit 
system  or  in  the  underground  system  of  the  Fire  Alarm 
Telegraph,  without  first  having  obtained  a permit  from  the 
Electrical  Commission  as  provided  for  in  the  rules  and 
regulations  governing  the  use  of  the  city  underground 
conduits  established  by  the  Electrical  Commission,  in  con- 
formity with  the  provisions  of  this  Article  and  such 
amendments  hereto  as  may  from  time  to  time  be  adopted. 

Ord.  101,  January  15,  1901. 

18.  Any  violation  of  the  provisions  of  the  next  preced- 
ing section  of  this  Article  shall  be  a misdemeanor,  and 
shall  be  punishable  by  a fine  of  not  less  than  fifty  dollars 
($50)  nor  more  than  three  hundred  dollars  ($300)  or  im- 
prisonment in  the  House  of  Correction,  House  of  Refuge 
or  City  Jail  for  such  term  or  terms  not  exceeding  twelve 
(12)  months  as  may  be  determined  by  the  court,  or  to  both 
fine  and  imprisonment. 

THE  CHESAPEAKE  AND  POTOMAC  TELEPHON E COMPANY 

OF  BALTIMORE  CITY 
AND 

THE  CHESAPEAKE  AND  POTOMAC  TELEPHON  E COMPANY. 

Ord.  41,  May  9,  1889.  City  Code,  (1893)  Art.  48,  Sec.  90. 

19.  The  rights,  powers  and  privileges  which  have  be- 
come lawfully  vested  in  the  Chesapeake  and  Potomac 
Telephone  Company  of  Baltimore  City  and  the  Chesapeake 
and  Potomac  Telephone  Company  by  virtue  of  Ordinance 

Ord.  41.  May  9.  No.  41  of  the  Mayor  and  City  Council  of  Baltimore, 
approved  May  9,  1889,  are  hereby  ratified  and  confirm.ed 
and  in  pursuance  with  the  authority  conferred  by  said 
ordinance,  the  said  telephone  companies  acting  separately, 
or  in  conjunction  are  respectively  authorized  to  lay  their  or 


ART.  9.]  C.  & P.  TKLKPHONB  COMPANY — ORDINANCES. 


725 


their  respective  telephone  wires  in  cables  laid  in  suitable  °to\e 
conduits  under  the  surface  of  the  streets,  alleys  or  high- 
ways  in  said  city,  now  traversed  or  to  be  so^  traversed  by 
their  said  respective  wires,  with  the  necessary  man-holes 
for  affording  access  to  said  cabl  es.  Such  conduits  and  man-  Construction  of 
holes  shall  be  constructed  in  such  manner  as  not  to  injure  man-holes, 
any  vault,  sewer,  water  pipe,  or  gas  pipe,  and  such  con- 
duits and  man-holes  shall  be  constructed  by  either  or  both 
of  said  companies  as  parts  of  one  system,  at  their,  or  their 
respective  cost  and  expense,  and  said  companies  so  acting 
separately  or  jointly  in  constructing  said  system  of  under- 
ground wires  shall  have  power  to  make  the  necessary 
house-connections  in  localities  where  the  same  may  be 
required,  in  such  manner  as  may  be  best  adapted  to  the 
location  by  means  of  any  wire  or  wires  from  such  cable  or  , 
cables ; provided,  however,  that  the  said  two  companies, 
if  acting  together,  shall  have  and  possess  the  powers  and 
privileges  only  which  might  have  been  exercised  by  one  of 
said  companies  if  acting  alone  under  said  ordinance. 

C.  & P.  Telephone  Co.  v.  Baltimore,  89  Md.  689.  C.  & P.  Telephone 
Co.  V.  Baltimore,  90  Md.  638-641.  Baltimore  City  z/.  C.  & P.  Telephone 
Co.,  92  Md.  692. 


Ord.  41,  May  9,  1889.  City  Code,  (1893)  Art.  48,  Sec.  91. 

20.  Nothing  contained  in  sections  19  to  23  inclusive  of 
this  Article  shall  be  construed  to  grant  unto  either  or  both 
of  said  telephone  companies  the  exclusive  right  to  lay 
underground  wire  cables  within  the  limits  of  the  city  of 
Baltimore,  and  the  rights  granted  by  said  ordinance  shall  no  exclusive 
cease  and  determine,  unless  three  miles  of  the  underground  gVamed. 
conduits  provided  for  by  said  ordinance  are  constructed 
within  two  years  from  the  date  of  its  approval,  and  after 
said  two  years,  and  as  rapidly  as  said  conduits  may  be  con- 
structed, and  said  cables  are  laid  therein,  all  poles  belong- 
ing to,  or  under  the  control  of  either  of  said  companies, 
standing  upon  any  street  or  thoroughfare  in  this  city, 
along  which  any  such  conduit  is  constructed  and  cable  laid, 
shall  be  removed,  and  shall  not  be  replaced,  except  in  so 


726  EIvKCTRICAL  commission  and  subways — ORDINANCES.  [arT.  9. 


Payment  for 
grant  of 
privileges. 


far  as  such  existing  pole  or  poles  now  standing,  or  here- 
after to  be  maintained  or  erected  by  such  companies  or 
company,  are  necessary  to  be  maintained  or  erected  by 
them,  or  it,  for  the  purpose  of  making  distribution  of  and 
forming  connections  with  any  wire  or  wires  forming  part 
or  parts  of  any  such  cables  so  laid  in  a conduit  with  the 
building  or  buildings,  or  place  or  places  intended  to  be 
connected  with  such  wire  or  wires  from  such  cable. 

Ord.  41,  May  9,  1889.  City  Code, '(1893)  Art.  48,  Sec.  92. 

21.  Said  companies  shall,  in  consideration  of  the  rights 
and  privileges  granted  to  them  by  said  ordinance  before 
constructing  any  portion  of  the  conduit  or  conduits  herein- 
before authorized,  enter  into  an  agreement  in  a form  to  be 
approved  by  the  Mayor  of  the  City  of  Baltimore,  and  with 
sufficient  security,  certified  by  the  Comptroller  and 
approved  by  the  Mayor,  to  pay  annually  to  the  Mayor  and 
City  Council  of  Baltimore,  thirty  cents  for  each  lineal  yard 
of  the  first  four  miles  in  aggregate  lineal  length  of  conduit 
or  conduits,  constructed  under  the  provisions  of  said  ordi- 
nance, and  twenty  cents  per  lineal  yard  for  each  succeeding 
mile  or  fraction  of  a mile  of  the  aggregate  lineal  length  of 
such  conduit  or  conduits  exceeding  such  aggregate  lineal 
length  of  four  miles ; provided,  however,  that  the  annual 
payment  so  to  be  made  in  any  year,  accounting  from  the 
date  of  the  approval  of  said  ordinance,  shall  not  be  less  than 
the  sum  of  three  thousand  dollars,  and  shall  also,  before 
constructing  any  portion  of  such  conduit  or  conduits,  file 
with  the  Electrical  Commission  a plan  showing  the  location 
and  character  of  the  portion  or  portions  of  the  conduit  or 
conduits  next  proposed  to  be  constructed  ; and  every  such 
conduit  or  part  thereof  shall  be  constructed  under  the 
supervision  of  the  Electrical  Commission,  and  all  paving 
which  may  be  temporarily  removed  by  the  said  companies 
in  the  course  of  the  construction  of  any  conduit  or  con- 
duits authorized  by  said  ordinance,  shall  be  restored  or 
replaced,  under  the  direction  and  superintendence  of  the 
City  Engineer,  by  the  companies  or  company  constructing 
said  conduit  or  conduits,  and  at  their  or  its  expense,  in  a 
manner  satisfactory  to  the  City  Engineer. 


ART.  9.]  LIGHT  AND  POWER  COMPANY— ORDINANCES. 


727 


Ord.  41,  May  9,  1889.  City  Code,  (1893)  Art.  48,  Sec.  93. 

22.  In  every  underground  conduit  constructed  under 
the  provisions  of  said  ordinance,  space  shall  be  provided, 
if  required,  free  of  cost  or  rent  for  the  laying  therein  by 
the  Board  of  Fire  Commissioners  of  the  city  of  Baltimore 
of  a cable  for  the  exclusive  and  official  use  only  of  the  fire 
alarm  telegraph  and  police  patrol  wires. 


Ord.  41,  May  9,  1889.  City  Code,  (1893)  Art.  48,  Sec.  94. 

23.  The  said  companies  shall,  before  exercising  any 
privileges  under  said  ordinance  enter  into  a bond  in  the 
sum  of  ten  thousand  dollars,  with  good  and  sufficient 
securities  to  be  approved  by  the  Mayor  and  Comptroller, 
conditioned  that  the  company  or  companies  exercising  the 
privileges  granted  by  said  ordinance  will  faithfully  perform 
the  obligations  imposed  upon  it  or  them,  respectively, 
thereby. 

24.  Nothing  in  this  sub-division  of  this  Article  shall  in  provisions  of 
any  manner  be  construed  to  impair,  abridge  or  add  to  the  ® ma£  un- 
force and  effect  of  any  of  the  provisions  of  ordinance  No.  ?hE^codifi?a 
41,  approved  May  9,  1889,  codified  as  section  19  to  23, 
inclusive,  of  this  Article. 

FINES  AND  PENALTIES. 

26.  All  fines  and  penalties  incurred  by  the  violation  of  conecuon^of 
any  of  the  provisions  of  this  Article  are  to  be  recovered  as  penalties, 
other  fines  and  penalties  imposed  by  ordinance  are  recovera- 
ble, and  when  collected  are  to  be  paid  to  the  Comptroller. 

NOTE. — The  following  is  a list  of  ordinances  and  resolutions  of  the 
Mayor  and  City  Council  of  Baltimore  of  a private  nature,  heretofore  duly 
passed,  relating  to  the  municipal  subway  system  and  certain  rights,  fran- 
chises and  privileges  in  the  beds  of  the  streets  of  the  city  for  the  distri- 
bution of  electricity  and  gas. 

Consolidated  Gas  Electric  Light  and  Power  Company. 

Ordinances  and  resolutions  of  the  Mayor  and  City  Council  of  Baltimore 
heretofore  passed  relating  to  the  Consolidated  Gas  Electric  Light  and 
Power  Company  and  its  comstituent  companies  are  as  follows  : 

Brush  Electric  Company, 

Ord.  97,  May  19,  1881.  Res.  142,  May  1,  1893. 


KI.ECTRICAI.  COMMISSION  AND  SUB-WAYS — ORDINANCES.  [aRT.  9. 


Chesapeake  Gas  Company, 

Res.  144,  May  9,  1885. 

Consumers  Mutual  Gaslight  Company, 

Ord.  119,  June  12,  1876.  Res.  71,  March  23,  1877.  Res.  179, 
June  4,  1877. 

Gaslight  Company  of  Baltimore, 

Ord.  11,  June  17,  1816.  (This  Ord.  is  No.  28  in  the  reprint  of  1876). 
Ord.  12,  March  27,  1818.  (No.  18  in  reprint  of  1876).  Ord.  16,  March 
10,  1823.  Ord.  32,  April  8,  1843.  Ord.  34,  May  28,  1852.  Ord.  74,  July 
22,  1852.  Ord.  70,  May  3,  1859.  Ord.  13,  March  3,  1868.  Ord.  76, 
May  10,  1871.  Ord.  100,  June  13,  1871.  Ord.  165,  November  2,  1876. 
(Ord.  43,  May  10,  1878.  General  ordinance  relating  to  lighting  of 
City  with  gas.  Ord.  81,  June  28,  1878,  supplementing  Ord.  43,  May 
10,  1878.)  Ord.  75,  April  29,  1880. 

Peoples'  Gaslight  Company, 

Ord.  76,  May  10,  1871.  Ord.  100,  June  13,  1871.  Ord.  165, 
November  2,  1876. 

Maryland  Telephone  and  Telegraph  Company. 

Ordinances  of  the  Mayor  and  City  Council  of  Baltimore  heretofore 
passed  relating  to  the  Maryland  Telephone  and  Telegraph  Company  and 
the  Home  Telephone  and  Telegraph  Company,  its  predecessor,  are  as 
follows : 

Ord.  110,  July  1,  1896.  Ord.  76,  May  11,  1904. 

United  Railways  and  Electric  Company. 

Ord.  54,  May  7,  1902. 

Miscellaneous  Companies  and  Individual  Grantees. 

Ordinances  relating  to  other  corporations  and  individuals  in  connec- 
tion with  rights  and  privileges  in  the  municipal  subway  system  are 
as  follows : 

Epstein,  Jacob, 

Ord.  115,  April  23,  1906. 

Fentress,  Richard  B,  and  Summerfield,  B,  Medairy, 

Ord.  161,  December  1,  1904. 

Holmes  Electric  Protective  Company, 

Ord.  265,  May  15,  1905. 

Regents  University  of  Maryland, 

Ord.  115,  June  23,  1904. 


ART.  10.]  FINKS  AND  FORFKITURKS — ORDINANCKS. 


729 


ARTICLE  X. 

FINES  AND  FORFEITURES. 

ORDINANCES. 


1 . Any  municipal  officer  may  bring 

action  to  recover  penalties  for 
violation  of  ordinances. 

2.  Officers  failing  to  pay  over  fines 

may  be  presented  by  Mayor  to 
grand  jury. 

3.  In  case  of  judgment  of  non  pros 

informer  to  be  liable  for  costs. 

4.  Informer  to  get  no  part  of  fines. 


5.  Duty  of  justice  when  judgment 

b}'^  him  is  superseded  ; duty  of 
City  Register  therein. 

6.  Power  of  Mayor  to  remit  fines  ; 

to  hand  over  to  City  Register 
list  of  fines  remitted. 

7.  When  Mayor  may  also  pay  costs 

and  jail  charges. 


FINES  AND  FORFEITURES. 

City  Code,  (1879)  Art.  19,  Sec.  1.  City  Code,  (1893)  Art.  19,  Sec.  1. 

1 . Any  municipal  official  or  officer  of  the  city  shall  have 
full  power  and  authority  to  commence  and  institute  before 
a Justice  of  the  Peace,  any  writ  or  action  in  the  name  of 
this  corporation,  to  recover  any  penalty  or  penalties  incurred 
by  the  violation  of  any  ordinances  of  this  city.  * 


City  Code,  (1879)  Art.  19,  Sec,  5.  City  Code,  (1893)  Art.  19,  Sec.  5. 

2.  In  all  cases  where  money  due  or  payable  to  the  cor- 
poration has  been  or  shall  be  received  by  a Justice  of  the 
Peace  or  other  officer,  who  shall  neglect  or  refuse  to  pay  Refusal  to  pay 
over  such  money  to  the  proper  officer  of  the  city,  the  fi»esoverto 
Mayor  shall  take  speedy  measures  to  recover  the  same,  and 
also  make  a presentation  of  such  conduct  to  the  grand  jury, 
or  to  the  proper  authority  under  which  such  officer  may 
hold  his  appointment. 


*Note. — In  relation  to  prosecutions  for  fines  imposed  by  ordinance  or 
statute,  see, — Salfner  v.  State,  84  Md.  299. 


730 


FINKS  AND  FORFKITURES — ORDINANCES.  [aRT.  10. 


City  Code,  (1879)  Art.  19,  Sec.  6.  City  Code,  (1893)  Art.  19,  Sec.  6. 

3.  In  all  cases  of  information  before  any  Justice  of  the 
Peace,  for  any  violation  of  any  ordinance,  where  there 
shall  be  a judgment  of  non  pros.  or.  non  suit,  the  informer. 
Informer  liable  and  not  this  corporation,  shall  be  liable  for  the  costs  of  the 
prosecution. 


aty  Code,  (1879)  Art.  19,  Sec.  7.  City  Code,  (1893)  Art.  19,  Sec.  7. 

4.  No  informer  shall  be  entitled  to  any  portion  of  any 
fine  or  penalty  imposed  by  virtue  of  any  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore. 

City  Code,  (1879)  Art.  19,  Sec,  8.  City  Code,  (1893)  Art.  19,  Sec.  8. 

5.  Whenever  any  judgment,  which  may  be  rendered  by 
a Justice  of  the  Peace,  for  any  fine  or  penalty  incurred  by 

lS?ments.  the  violation  of  any  ordinance,  shall  be  superseded,  it  shall 
be  the  duty  of  the  justice  rendering  such  judgment  to 
deliver  to  the  officer  who  served  the  summons,  a copy  of 
such  judgment,  and  the  said  officer,  under  the  penalty  of 
ten  dollars,  shall  within  six  days  thereafter,  file  said  copy 
with  the  City  Register  who  is  hereby  authorized  and 
directed,  when  the  stay  of  execution  on  any  such  judgment 
has  expired,  to  have  the  same  collected  by  execution  or 
otherwise. 

City  Code,  (1879)  Art.  19,  Sec.  9.  City  Code,  (1893)  Art.  19,  Sec.  9. 

^ oTtofemfr  Mayor  is  authorized  and  empowered  to  remit  so 

much  of  any  fine  or  penalty  as  to  him  shall  seem  just  and 
reasonable;  provided,  that  such  power  shall  not  extend  to 
the  costs  of  prosecution,  and  the  Mayor  shall  hand  over  to 
the  City  Register  a list  of  all  such  fines  remitted  by  him; 
with  the  names  of  the  person  or  persons  to  whom  such 
fines  were  remitted. 


City  Code,  (1879)  Art.  19,  Sec.  10.  City  Code,  (1893)  Art.  19,  Sec.  10. 

7.  The  Mayor  is  authorized  and  empowered  in  all  cases 
of  actual  confinement  in  jail  of  any  person  for  a violation 


ART.  ll.J  FIRB  DEPARTMENT ORDINANCES. 


731 


of  the  city  ordinances,  to  pay  all  costs  of  prosecution  and 
jail  charges,  in  addition  to  the  remission  of  the  fine,  in  all 
cases  where  he  may  think  it  right  and  proper,  and  an 
appropriation  has  been  made  therefor  in  the  annual  ordi- 
nance of  estimates. 


ARTICLE  XI. 

FIRE. 

ORDINANCES. 
PART  I. 

FIRE  DEPARTMENT. 


Board  of  Fire  Commissioners. 

Clerical  Force. 

1.  Appointment  of  clerk  and  as- 

sistant clerk ; their  duties. 

2.  Personnel  of  the  department. 

Salaries  of  Subordinates . 

3.  Salaries  of  members  of  the  Fire 

Department. 

4.  Appointment  of  subordinates. 

Proceedings  of  Board. 

5.  Meetings,  accounts  and  annual 

reports. 

Duties  and  Powers  of  Board. 

6.  Authority  of  Fire  Commission- 

ers at  fires. 

Rules  and  Regulations  of  Fire 
Department. 

7.  Board  to  prepare  rules  and  fur- 

nish copies  and  have  copies 
posted  in  engine  and  truck 
houses. 

8.  Board  to  control  property  of 

Department ; to  make  pur- 
chases and  expenditures  for 
Department  same  not  to  ex- 
ceed appropriation  therefor. 

Care  of  Members  of  Department. 

9.  No  deductions  in  salaries  during 


sickness  ; proviso  as  to  certifi- 
cate of  disability. 

10.  Pay  during  disability  received 

in  line  of  duty. 

11.  Pay  to  family  of  member  in 

case  of  death  in  discharge  of 
duty. 

12.  Insurance  on  lives  of  firemen. 

13.  Relief  of  injured  substitutes. 
Apparatus  of  Fire  Department. 

14.  Apparatus  and  equipment  of 

Fire  Department. 

15.  What  property  of  each  com- 

pany to  consist  of. 

Duties  and  Authority  of  Chief 
Engineer. 

16.  To  proceed  to  fires  and  prop- 

erly dispose  apparatus  thereat. 

17.  To  command  at  and  direct  ex- 

tinguishment of  fires  ; to  pre- 
serve order  and  enforce  law 
at  fires ; to  have  care  and 
keeping  of  fire  apparatus  and 
equipment ; to  report  to 
Board  of  Fire  Commissioners 
alterations  and  repairs  re- 
quired in  apparatus  and 
equipment. 


732 


FIRE  DEPARTMENT — ORDINANCES. 


[art.  11. 


18.  To  transmit  to  Board  all  com- 

munications relating  to  the 
fire  department ; to  keep  rolls 
of  the  companies. 

19.  In  absence  of  Chief  Engineer, 

district  Engineer  to  act  in  his 
stead. 

Examining  Board  of  Fire 
Department. 

20.  Of  whom  to  consist ; one  mem- 

ber to  be  appointed  by  the 
Mayor  ; board  to  investigate 
and  examine  qualifications  of 
candidates  ; to  prepare  grad- 
ed lists  of  those  qualified  ; ap- 
pointments to  be  made  from 
three  names  standing  highest 
on  list. 

21.  How  examinations  are  to  be 

conducted. 

22.  No  name  to  be  placed  on  pay- 

roll until  a certificate  of  said 
Board  has  been  filed  with 
Comptroller. 

23.  Duties  of  clerk  to  the  Board. 

24.  Oath  of  impartiality  of  mem- 

bers of  Board ; oath  to  be 
recorded. 

Fire  Atarm  Telegraph. 

25.  Superintendent  of  same  ; qual- 

ifications ; duties. 

26.  Appointment  of  six  telegraph- 

ers ; their  duties. 

27.  Appointment  of  lineman,  as- 

sistant linemen  and  battery- 
man. 

28.  Duties  and  authority  of  Super- 

intendent ; to  keep  proper 
books  and  records  ; to  report 
to  Board  of  Fire  Commission- 
ers ; Mayor  may  inspect  his 
books ; his  bond. 


29.  Hours  of  duty  of  telegraphers; 

to  transmit  alarms  ; further 
duties ; bond. 

30.  Duties  of  lineman  and  assist- 

ants; bond. 

31.  Penalty  for  defacing  poles  of 

fire  alarm  telegraph. 

32.  Fire  alarm  signal  boxes  in  pub- 

lic buildings ; to  be  installed 
therein  on  application  of 
owner ; expense  of  same  to 
be  borne  by  applicant. 

33.  Said  boxes  to  be  connected 
with  regular  wdres  of  depart- 
ment ; supervision  and  ex- 
pense of  such  connections. 

34 . To  be  at  all  times  under  con- 

trol of  Fire  Department. 

35.  Subways  and  conduits  of  Ches- 

apeake and  Potomac  Tele- 
phone Company  to  be  used 
where  practicable. 

Fire  Plugs.,  Screws  and  Suction 
Tubes, 

36.  Specification  for  standard 

screws. 

37.  Screws  for  fire  plugs  to  be  uni- 

form. 

38.  Control  of  plugs  at  fires. 

39.  Penalty  for  obstructing  access 

to  plugs. 

Fire  Inspector. 

40.  Mayor  to  appoint  person  named 

by  fire  insurance  companies  ; 
to  be  paid  by  said  companies; 
his  duties;  to  report  to  Mayor; 
penalty  for  obstructing  In- 
spector; city  not  to  be  liable 
for  his  salary  or  office  expen- 


ses. 


ART.  11.]  BOARD  OF  FIRF  COMMISSIONERS — ORDINANCES. 


733 


41.  Police  to  give  information  to 

inspector  of  houses  not  pro- 
perly secured  ; police  to  noti- 
fy owners;  penalty  for  neglect 
to  properly  secure  ; exception 
as  to  houses  in  course  of  con- 
struction. 

42.  Inspector  to  offer  reward  for 

incendiaries. 

43.  Lamps  in  front  of  . engine 

houses. 


Municipal  Telephone  Exchafige. 

44.  Appointment  of  operators  of 

exchange  ; location  of  e x - 
change. 

Salvage  Corps. 

45.  Fire  Department  and  Salvage 

Corps  apparatus  to  have  right 
of  way  in  streets. 

46.  Penalty  for  hindering  wagons 

of  vSalvage  Corps. 


PART  II. 

POLICE  REGULATIONS  AND  PREVENTION  OF  FIRES. 


Police  Regulations. 

Duty  of  Police. 

47.  Police  of  district  in  which  fire 

occurs  to  communicate  same 
to  central  station. 

Fines  and  Penalties  for  Interfering 
with  Property  of  Fire 
Department. 

48.  For  injuring  apparatus,  ob- 

structing members  or  appa- 
ratus of  department  and 
interfering  with  proper  use  of 
signal  boxes. 

49.  Driving  over  hose  in  use  pro- 

hibited ; to  whom  not  to 
apply. 

50.  Penalty  for  turning  in  false 

alarm  of  fire. 

51.  Reward  for  conviction  of  per- 

sons giving  false  alarm. 

52.  Penalty  for  unauthorized  pos- 

session of  keys  of  signal 
boxes,  etc. 

53.  Penalty  for  unauthorized  use 

of  uniform. 


Prevention  of  Fires. 

Precautions.  Fines  and  Penalties. 

54.  Regulation  of  lights  in  stables; 

penalty. 

55.  Lamps  attached  outside  of 

wooden  buildings ; penalty. 

56.  Prohibiting  smoking,  or  use  of 

uncovered  lamps  in  stables ; 
police  may  enter  and  arrest 
offenders  ; copy  of  this  section 
to  be  posted  in  stables;  penalty. 

57.  Fireworks  prohibited;  penalty; 

Mayor  may  grant  free  permit 
for  fireworks. 

58.  Sale  of  fireworks,  except  in 

original  package  prohibited ; 
penalty. 

59.  Manufacture  of  fireworks  pro- 

hibited ; penalty. 

60.  Ashes  not  to  be  kept  in  wooden 

vessels ; penalty. 

61.  Requirements  for  buildings 

wherein  hay  and  straw  are 
kept ; penalty. 


734 


FIRK  DEPARTMENT — ORDINANCES. 


[art.  11. 


62.  Liability  for  penalties;  reason- 

able notice;  proviso  as  to  sec- 
ond offense. 

63.  Fire  prohibited  on  deck  of 

vessels  at  night ; penalty. 

64.  Matches,  pipes  and  cigars  not 

to  be  lighted  on  wharves,  etc. 

65.  Penalty  for  violation  of  next 

preceding  section. 

Shavings. 

66.  Whereto  be  deposited;  when 

to  be  burnt ; penalty. 

Safety  Regulations  for  Hotels. 

67.  Plan  of  hotel  to  be  posted  in 

each  room ; signs  indicating 
fire  escapes  ; fire  escapes  and 
fire  alarm  bells. 

68.  Inspector  of  Buildings  to  re- 

quire compliance  with  safety 
regulations;  penalty  for  non- 
compliance. 

Inflammable  and  Explosive 
Materials. 

Dynamite.,  Nitro-Glycerine.,  Etc. 

69.  Manufacture  of  same  prohibit- 

ed ; penalty. 

70.  Unlawful  to  store  same  with- 

out permit ; penalty. 

71.  Buildings  used  for  such  storage 

to  have  sign  showing  material 
stored ; penalty, 

72.  Blasting  without  permit  from 

Mayor  unlawful. 

73.  Penalty  for  blasting  without 

permit. 


Gasoline,  Naphtha  and  Benzene. 

74.  Quantity  of  gasoline  that  may 

be  kept  on  hand;  automobile 
storage  stations  excepted. 

75.  Regulations  for  automobile 

storage  stations;  specifications 
for  storage  tanks;  approved 
cans ; sales  in  automobile 
storage  stations;  transfer  of 
oils  to  storage  tanks;  permit 
for  such  stations;  penalty  for 
violation  of  regulations ; 
precautionary  requirements 
under  which  permits  issue. 

76.  Specifications  for  other  storage 

tanks. 

77.  Regulations  of  use  of  gasoline 

for  domestic  purposes;  proviso 
as  to  cleaners,  dyers,  etc.;  sale 
of  gasoline  stoves;  all  persons 
selling  gasoline  stoves  and 
apparatus  to  be  registered 
and  pay  registry  fee;  reservoirs 
not  to  be  in  same  building 
with  stoves. 

78.  Sale  of  gasoline  for  domestic- 

use. 

79.  Penalties  for  unlawful  sale  and 

use  of  gasoline  and  gasoline 
stoves  and  apparatus. 

Gunpowder. 

80.  Regulations  for  carriage 

through  city ; penalty  for 
non-observance. 

81.  Quantity  that  may  be  kept; 

storage  regulations;  penalty; 
proviso  as  to  gunpowder  in 
transitu. 

82.  Requirements  for  storage  of 

gunpowder;  sign;  penalty. 

83.  Search  warrant  to  issue  when 

storage  of  excessive  quantity 
is  suspected. 


ART.  11.]  BOARD  OF  FIRF  COMMISSIONERS— ORDINANCES. 


735 


Ma7iuf.acture  of  Oils. 

84.  Plants  not  to  be  erected  with- 
out sanction  of  Mayor  and 
City  Council  ; application 
therefor  to  be  advertised ; 
penalty  for  unauthorized  erec- 
tion of  plants;  proviso  as  to 
plants  now  erected. 


Storage  of  Oils. 

85.  Storage  by  manufacturers;  re- 

quirements for  safety. 

86.  Sale  for  illuminating  purposes. 

87.  Penalties  for  violation  of 

regulations. 

88.  Collection  of  fines  and 

penalties. 


BOARD  OF  FIRE  COMMISSIONERS. 

Clerical  Force. 

Ord.  21,  March  24,  1884.  City  Code,  (1893)  Art.  20,  Sec.  3. 

Ord.  51,  March  28,  1896. 

1.  The  Board  of  Fire  Commissioners  shall  have  power  cierk  and  as- 
to  appoint  a clerk  and  an  assistant  clerk,  who,  under  their  appointment 
supervision,  shall  perform  such  duties  as  they  may  from 
time  to  time  prescribe. 


Subordinates. 


Ord.  21,  March  24,  1884. 

Ord.  16,  March  31,  1887. 

Ord.  3,  March  9,  1888. 

Ord.  80,  June  19,  1888. 

Ord.  52,  April  19,  1890. 

Ord.  64,  May  7,  1890, 

Res.  172,  June  17,  1890. 

Ord.  7,  March  3,  1891. 

Ord.  37,  April  22,  1891. 

Ord.  69,  May  6,  1891. 

Res.  218,  May  27,  1891. 

Ord.  35,  March  28,  1892. 

Ord.  37,  March  28,  1892. 

Ord.  6,  February  4,  1893. 

Ord.  8,  February  4,  1893. 

Ord.  10,  February  9,  1893. 

City  Code,  (1893)  Art.  20,  Sec.  4. 
Ord.  5,  February  23,  1895. 

Ord.  7,  March  5,  1895. 


Ord.  8,  March  5,  1895. 

Ord.  97,  May  25,  1896. 

Ord.  1,  December  11,  1896. 
Ord.  74,  September  30,  1897. 
Ord,  1,  November  24,  1897. 
Ord.  32,  April  12,  1898. 

Ord.  64,  May  19,  1898. 

Ord.  29,  December  29, 1899. 
Ord.  130,  May  3,  1901. 

Ord.  71,  June  11,  1902. 

Ord.  9,  October  22,  1903. 

Ord.  186,  January  12,  1905. 
Ord.  192,  February  3,  1905, 
Ord.  252,  May  2,  1905. 

Ord.  22,  November  10,  1905. 
Ord.  50,  December  26,  1905. 
Ord.  48,  December  26,  1905. 
Ord.  51.  December  26,  1905, 


2.  The  manual  force  of  the  Fire  Department  of  Balti-  Personnel  of 
more  City  shall  consist  (in  addition  to  the  Board  of  Fire  nient. 


736 


FIRE  department ORDINANCES. 


[art.  11. 


Salaries  of; 
members  ol 
the  Fire  De 
partment. 


Commissioners)  of  the  following  named  employes,  subject 
to  such  changes  as  may  be  made  in  said  force  from  time  to 
time  by  law  or  ordinance: 

1 Secretary  and  Clerk  ; 1 Assistant  Secretary  and  Clerk; 
1 Chief  Engineer;  6 District  Engineers;  1 Superintendent 
of  Machinery;  38  Captains  of  Engine  and  Hook  and 
Ladder  Companies;  39  Lieutenants  of  Engine  and  Hook  and 
Ladder  Companies;  29  Enginemen;  32  Assistant  Engine- 
men;  9 Tillermen  of  Hook  and  Ladder  Companies;  9 Assist- 
ant Tillermen  of  Hook  and  Ladder  Companies;  42  Hostlers 
of  Engine  and  Hook  and  Ladder  Companies;  38  Assistant 
Hostlers  of  Engine  and  Hook  and  Ladder  Companies;  5 
Captains  of  Combination  Hook  and  Ladder  Companies;  174 
Pipemen;  66  Laddermen;  2 Pilots  on  the  Fireboat;  3 
Stokers  on  the  Fireboat;  20  Probationary  Firemen;  1 Super- 
intendent of  Telegraph;  6 Telegraph  Operators;  2 Telephone 
Operators;  1 Lineman;  4 Assistant  Linemen;  1 Batteryman. 


Salaries  of  Subordinates. 

3.  The  members  of  the  Fire  Department  mentioned  in 
the  next  preceding  section  of  this  Article  shall  be  paid  the 
following  annual  salaries,  until  otherwise  provided  here- 
after by  law  or  ordinance: 

Secretary  and  Clerk,  $1,800 ; Assistant  Secretary  and 
Clerk,  $1,200;  Chief  Engineer,  $3,000;  District  Engineer, 
each,  $1,600  ; Superintendent  of  Machinery,  $1,600  ; Cap- 
tains of  Engine  and  Hook  and  Ladder  Companies,  each, 
$1,200;  Lieutenants,  each,  $1,075;  Enginemen,  each,  $1,150; 
Assistant  Enginemen,  each,  $1,000;  Tillermen,  $950  ; Host- 
lers of  Engine  and  Hook  and  Ladder  Companies,  each,  $900; 
Captain  of  Chemical  Engine,  $950;  Captains  of  Combination 
Hook  and  Ladder  Companies,  each,  $950;  Pipemen  and 
Laddermen,  $900;  Pilots,  each,  $1,000;  Stokers,  each,  $900; 
Probationary  Firemen,  $600;  Superintendent  of  Telegraph, 
$2,000;  Telegraph  Operators,  $1,100;  Telephone  Operators, 
$840;  Linemen,  $1,200;  Assistant  Linemen,  $1,000;  Battery- 
men,  $1,000. 


ART.  11.]  PROCKEDINGS  OF  BOARD— ORDINANCES. 


737 


Ord.  21,  March  24,  1884.  City  Code,  (1893)  Art.  20,  Sec.  6. 

4.  The  Board  of  Fire  Commissioners  shall  appoint  all 
subordinates  in  their  sub-department;*  but  they  shall  be 
subject  to  removal  at  any  time  by  the  said  Board  of  Fire 
Commissioners,  whenever  in  their  judgment  the  good  order 
and  efficiency  of  the  Fire  Department  will  be  promoted 
thereby;  provided,  however,  that  said  employes  shall  not  be 
subject  to  removal  on  account  of  their  political  or  religious 
sentiments;  nor  shall  any  of  the  said  employes  act  as 
judge,  clerk  or  challenger,  at  any  primary  or  general 
election,  or  in  any  way  interfere  in  any  election  contest,  or 
do  more  in  a public  way  than  to  simply  exercise  his  right 
of  suffrage  on  any  election  day.** 


Proceedings  of  Board. 

Ord.  21,  March  24,  1884.  City  Code,  (1893)  Art.  20,  Sec.  7. 

5.  The  said  Board  of  Fire  Commissioners  shall  hold  a Meeting’s,  ac- 
session  of  the  Board  on  at  least  three  days  in  each  week,  annuS  r?- 
at  the  City  Hall.  They  shall  cause  all  their  receipts  and 
disbursements  of  money  to  be  faithfully  entered  in  books 
to  be  provided  for  that  purpose;  all  the  said  books  and  all 
other  documents  in  the  possession  of  the  said  Board  shall 
always  be  open  to  the  inspection  of  the  City  Council  and 
any  committee  appointed  by  it  for  that  purpose.  The  said 
Board  shall  annually,  on  or  before  the  fifteenth  day  of 
January,  prepare  and  make  to  the  Mayor  and  City  Council 
of  Baltimore  an  accurate  report  of  the  state  of  the  depart- 
ment and  of  all  purchases  and  expenditures  connected 


*NoTE  1. — Under  the  provisions  of  section  69  of  the  City  Charter,  the 
Board  of  Fire  Commissioners  has  the  power  to  appoint  all  subordinates 
in  their  sub-department,  and  fix  their  compensation,  not,  however,  to 
exceed  in  number  of  employes  or  aggregate  amount  of  compensation  the 
limits  fixed  by  ordinance.  The  number  of  employes  and  the  aggregate 
amount  of  their  compensation  thus  depend  upon  special  ordinances  as 
well  as  upon  the  annual  ordinance  of  estimates. 

**Note  2.— In  view  of  the  provisions  of  sections  28  and  69  of  the  Cit}" 
Charter,  it  may  be  questioned  whether  any  of  the  provisions  of  section 
4 of  this  Article  are  valid,  save  the  last  clause  thereof. 


738 


FIRK — ORDINANCFS . 


[art.  11. 


therewith  during  the  preceding  year,  of  which  report 
there  shall  be  printed  two  hundred  and  fifty  copies  for  the 
use  of  the  Mayor  and  City  Council  of  Baltimore. 

Duties  and  Powers  of  Board. 

City  Code,  (1879)  Art.  20,  Sec.  4.  City  Code,  (1893)  Art.  20,  Sec.  5. 

Authority  of  6.  The  Board  of  Fire  Commissioners  shall,  during  the 
mSioSS-s  at  occurrence  of  fires  or  alarms  of  fires,  have  authority  for 
themselves,  and  the  power  to  delegate  to  the  chief  engi- 
neer or  his  assistants,  the  authority  to  control  all  persons 
and  property  in  the  vicinity  of  a fire,  during  the  continu- 
ance thereof  ; provided,  that  the  exercise  of  such  authority 
does  not  conflict  with  any  law  of  the  United  States,  or  of 
the  State  of  Maryland. 

Rules  and  Regulations  of  Fire  Department. 

City  Code,  (1879)  Art.  20,  Sec.  19.  City  Code,  (1893)  Art.  20.  Sec.  24. 

Board  topre-  7.  The  Board  of  Fire  Commissioners  shall  prepare  rules 
pare  same.  regulations  for  the  government  of  the  fire  companies 

and  the  members  thereof,  and  furnish  each  member  of  the 
Fire  Department  with  a copy  of  said  rules,  and  have  said 
rules  posted  conspicuously  in  the  office  of  the  Fire  Depart- 
ment and  in  and  about  the  several  engine  and  truck 
houses  belonging  to  the  Fire  Department. 

City  Code,  (1893)  Art.  20,  Sec.  8. 

Control  of  8.  The  said  Board  of  Fire  Commissioners  shall  have 

property  of  /,  n ^ -rr  t'.  i 

Department,  entire  control  of  all  property  of  the  Fire  Department  and 
be  held  accountable  therefor  to  the  Mayor  and  City  Council 
of  Baltimore;  they  shall  from  time  to  time  make  such 
purchases  and  expenditures  for  the  different  branches  of 
the  said  department  within  the  amount  appropriated  for 
the  purpose  as  shall  in  their  judgment  be  required  for  the 
efficient  working  of  said  department,  and  they  shall  have 
authority  to  draw  upon  the  City  Register  for  such  sum  or 
sums  of  money  as  they  may  from  time  to  time  require,  not 
exceeding  the  appropriations  which  shall  have  been  made 
for  the  use  of  the  department. 


ART.  11.]  CARK  OF  MEMBERS — ORDINANCES.  739 

Care  of  Members  of  Department 

Ord.  31,  April  1,  1884.  City  Code,  (1893)  Art.  20,  Sec.  11. 

9.  No  deduction  shall  be  made  in  the  salaries  of  the  no  deductions 
employes  of  the  Fire  Department  on  account  of  sickness,  ness;  proviso, 
provided  such  sickness  does  not  last  longer  than  six 
months ; and  provided  further,  that  if  an  employe  shall 
absent  himself  from  duty  on  account  of  sickness  he  shall 
before  receiving  his  salary,  present  or  have  presented  to 
the  captain  of  the  company  of  which  he  is  a member,  a 
sworn  certificate  from  the  physician  employed  by  the  fire 
department,  stating  that  he,  (the  employe)  on  account  of 
sickness,  is  unable  to  perform  the  duties  of  a fireman. 


City  Code,  (1879)  Art.  20,  Sec.  25.  City  Code,  (1893)  Art.  20,  Sec.  30. 

10.  Any  member  of  the  Fire  Department  of  the  city  Pay  during 
of  Baltimore,  receiving  injury  or  becoming  disabled,  while 
in  the  discharge  of  his  duties,  so  as  to  prevent  him  from 
following  his  daily  occupation  or  attending  to  his  duties  as 
a member  of  said  department,  such  member  shall,  for  the 
space  of  twelve  months,  provided  his  disability  shall  last 
that  time,  receive  his  usual  salary. 


City  Code,  (1879)  Art.  20,  Sec.  26.  City  Code,  (1893)  Art.  20,  Sec.  31. 

11.  If  any  member  of  the  Fire  Department  shall  lose  pay  family 
his  life  while  in  the  discharge  of  his  duties,  it  shall  be  the  Jea^th*.^ 
duty  of  the  Board  of  Fire  Commissioners  (as  soon  as  may 
be  convenient  after  such  death)  to  cause  to  be  paid  to  the 
wife  or  family,  including  father  and  mother,  depending 
on  the  deceased  member,  the  sum  of  five  hundred  dollars  ; 
and  if  said  member  shall  leave  neither  wife  nor  children, 
father,  mother,  surviving  him,  then  said  commissioners 
shall  and  they  are  hereby  authorized  to  defray  the  proper 
funeral  expenses  of  said  member,  the  same  to  be  taken  out 
of  the  appropriation  for  the  Fire  Department  for  the  current 
year. 


740 


F;RK — ORDINANCES. 


[art.  11. 


Ord.  10,  March  20,  1888.  City  Code,  (1893)  Art.  20,  Sec.  32. 

Ord.  133,  August  15,  1904. 

12.  The  Board  of  Fire  Commissioners  is  authorized  to 
effect  an  insurance  on  the  lives  of  all  members  of  the  Balti- 
more City  Fire  Department,  including  the  fire  alarm 
telegraph  department,  so  that  in  case  of  any  injury  at 
any  time,  they  shall  receive  from  the  insurance  company 
writing  such  insurance  the  sum  of  five  dollars  per  week 
during  the  continuance  of  such  disability  as  may  prevent 
them  from  following  their  usual  business,  and  in  case  of 
death  resulting  from  any  accident  to  them,  the  sum  of  five 
hundred  dollars  ($500)  shall  be  paid  by  said  insurance 
company  to  the  wife  of  such  member  of  the  Fire  Depart- 
ment, if  she  be  living,  or  in  case  there  be  no  wife,  then  to 
the  children ; and  if  there  be  no  wife  or  children  living, 
^Tives”?  then  to  the  father  or  mother  or  such  other  member  of  such 

firemen.  persou’s  family  as  may  be  depending  upon  him  for  support ; 

and  if  none  such,  then  the  amount  shall  be  paid  to  the 
Board  of  Fire  Commissioners  for  the  benefit  of  the  Fire 
Department,  and  the  sum  of  fifteen  dollars  ($15.00)  or  so 
much  thereof  as  may  be  necessary  shall  be  applied  by  the 
Board  of  Fire  Commissioners  out  of  the  appropriation  to 
their  department  for  such  insurance  on  the  life  of  each 
member  of  said  department. 


City  Code,  (1879)  Art.  20,  Sec.  28.  City  Code,  (1893)  Art.  20,  Sec.  33. 

Relief  of  in-  13.  The  Board  of  Fire  Commissioners  is  hereby  author- 

tutes.  ized  to  apply  to  the  relief  of  the  substitutes  of  the  Fire 
Department,  who  may  be  injured  in  the  performance  of 
their  duties  in  connection  with  the  department,  such  portion 
of  the  amount  annually  appropriated  for  the  accident 
account  of  the  Fire  Department  as  the  Board  may  deem 
proper  and  just. 


Apparatus  of  Fire  Department. 

14.  The  apparatus  of  the  Fire  Department  of  Baltimore 
city  shall  consist  of  the 


ART.  11.]  DUTIES  AND  AUTHORITY — ORDINANCES. 


741 


28  Steam  Fire  Engines  and  Hose  Wagons, 

1 Fireboat. 

14  Hook  and  Ladder  Trucks, 

now  existing  or  authorized,  together  with  such  reserve 
engines  and  machinery,  horses,  hose,  supplies,  etc.,  as 
shall  in  the  judgment  of  the  Board  of  Fire  Commissioners 
be  deemed  necessary  to  equip,  preserve  and  maintain  in 
serviceable  condition  the  said  apparatus  ; and  the  Board  of 
Fire  Commissioners  of  Baltimore  city  shall  provide  here- 
after such  other  additional  apparatus,  and  the  necessary 
equipment  therefor,  as  may  be  authorized  under  the  pro- 
visions of  the  City  Charter  and  future  ordinances  and 
resolutions  of  the  Mayor  and  City  Council  of  Baltimore. 


Apparatus  and 
equipment  of 
Fire  Depart- 
ment. 


City  Code,  (1879)  Art.  20,  Sec.  7.  City  Code,  (1893)  Art.  20,  Sec.  12. 

15.  The  property  of  each  engine  company  shall  consist  property  of 
of  not  less  than  one  steam  fire  engine,  one  hose  wagon  and 
such  hose,  horses  and  minor  accessories  as  are  necessary 
for  effectual  service ; and  the  property  of  each  hook  and 
ladder  company  shall  consist  of  not  less  than  one  ladder 
truck,  with  all  necessary  ladders  and  implements  and 
horses. 


Duties  and  Authority  of  Chief  Engineer. 

City  Code,  (1879)  Art.  20,  Sec.  14.  City  Code,  (1893)  Art.  20,  Sec.  19. 

16.  It  shall  be  the  duty  of  the  Chief  Engineer,  and  his  to  proceed  to 
assistants,  whenever  a fire  shall  break  out  in  the  city,  to  propSy  dis- 
immediately  repair  to  the  place  of  such  fire,  and  to  take  tulltlfreiy^' 
proper  measures  that  the  several  engines  and  other 
apparatus  be  arranged  in  the  most  advantageous  situations. 


Ord.  29,  April  11,  1879.  City  Code,  (1893)  Art.  20,  Sec.  20. 

17.  The  Chief  Engineer  shall,  under  the  Board  of  Fire  to  command 
Commissioners,  have  command  at  fires  over  all  other  tiungufsh-^*^ 
officers  and  all  other  persons  who  may  be  present  at  fires,  and 
shall  take  all  proper  measures  for  the  extinguishment  of 
fires,  and  for  the  protection  of  property,  preservation  of 


742 


FIRK — ORDINANCFS . 


[art.  11. 


^ order,  and  observance  of  the  laws  of  the  State,  ordinances 

fiSaw^a?a-  regulations  of  the  Board  of  Fire  Commis- 

Iqufpment.  sioners  respecting  fires ; and  it  shall  be  the  duty  of  said 
engineer  to  examine  into  the  condition  of  the  engine  and  all 
other  fire  apparatus,  and  of  the  engine  and  other  houses  be- 
longing to  the  city,  used  for  the  purposes  of  the  Fire  Depart- 
ment and  the  companies  attached,  as  often  as  circumstances 
may  render  expedient,  or  whenever  directed  to  do  so  by 
the  Board  of  Fire  Commissioners;  and  whenever  the  engines. 
Other  fire  apparatus,  engine  or  other  houses,  used  by 
tppamta?  °Hhe  Fire  Department  require  alteration,  additions  or  repairs. 
Chief  Engineer  shall  report  the  same  to  the  Board  of 
Fire  Commissioners,  who  shall  cause  to  be  made,  as  they 
may  deem  expedient,  such  alterations,  additions  and 
repairs,  the  whole  to  be  done  under  the  immediate  super- 
vision and  control  of  said  Board  of  Fire  Commissioners. 


City  Code,  (1879)  Art.  20,  Sec.  16.  City  Code,  (1893)  Art.  20,  Sec.  21. 

Further  duties  18.  It  shall  be,  moreover,  the  duty  of  the  said  Chief 
Engineer.  Engineer  to  receive  and  transmit  to  the  said  Board  of  Fire 
Commissioners,  all  the  returns  of  the  officers,  members 
and  fire  apparatus,  made  by  the  respective  companies,  and 
all  other  communications  relating  to  the  affairs  of  the 
Fire  Department ; to  keep  exact  rolls  of  the  respective 
companies,  specifying  the  time  of  admission  and  discharge 
and  age  of  each  member,  which  he  shall  report  in  writing 
to  said  Board  of  Fire  Commissioners,  who  shall  safely  file 
such  reports. 


City  Code,  (1879)  Art.  20,  Sec.  17.  City  Code,  (1893)  Art.  20,  Sec.  22. 

when  district  19.  In  case  of  the  absence  of  the  Chief  Engineer  the 
acts  as  Chief  district  engineer  in  whose  district  the  fire  may  occur,  shall 
Engineer,  g^crcise  the  duties  of  his  office  with  the  full  power  of  the 
'Chief  Engineer. 


ART.  11.] 


EXAMINING  BOARD — ORDINANCES. 


743 


Examining  Board  of  Fire  Department."^ 


Ord.  16,  December  1,  1899. 

20.  There  shall  be  created  an  Examining  Board  for  the  to^be 
Fire  Department  of  Baltimore  city;  said  board  to  consist  of 
the  President  of  the  Board  of  Fire  Commissioners,  the 
Chief  Engineer  of  the  Fire  Department,  and  one  other 
member,  said  member  to  be  appointed  by  the  Mayor  in  the 
manner  prescribed  in  sections  25  and  30  of  Article  4 of  the 
Code  of  Public  Local  Laws,  and  holding  his  office  as  therein 
provided  ; the  duty  of  which  examining  board  shall  be  to 
ascertain  by  appropriate  investigation  and  examination  the  tq  investigate 
relative  qualifications  of  all  candidates  for  appointment  or  quaiiTca“'“‘ 
promotion  in  the  Fire  Department  of  Baltimore  city,  and  cSdltes. 
to  furnish  from  time  to  time  to  the  Board  of  Fire  Com- 
missioners graded  lists  of  those  whom  they  shall  deem 
qualified  for  appointment  or  promotion,  from  which  graded 
lists  all  promotions  and  appointments  shall  be  made  by  said 
Board  of  Fire  Commissioners,  except  appointment  to  the 
position  of  Chief  Engineer.  In  the  preparation  of  such 
graded  lists  the  said  examining  board  shall  ascertain  by 
competitive  examinations  the  relative  qualifications,  physi- 
cal and  otherwise,  of  all  applicants  for  appointment  or 
promotion  in  said  Fire  Department  for  the  performance  of 
the  duties  required  of  them,  and  shall  place  the  names  of 
the  accepted  candidates  upon  said  lists  in  the  order  of  their 
relative  qualifications,  as  ascertained  by  such  competitive 
examinations ; and  every  appointment  or  promotion  made 
by  the  Board  of  Fire  Commissioners  in  the  said  Fire  Depart- 
ment (except  to  the  position  of  Chief  Engineer)  shall  be 
made  from  the  three  names  standing  highest  at  the  time  of 
making  such  appointment  or  promotion  upon  the  graded 
lists  of  candidates  for  such  appointment  or  promotion. 


**Note. — The  provisions  of  this  sub-division  of  Article  11  are  so  meri- 
torious that  there  should  be  no  question  of  their  validity ; it  is  not 
altogether  clear,  however,  that  the  power  exists  for  the  creation  of  an 
Examining  Board  of  the  Fire  Department,  in  the  City  Charter ; 
certainly  no  specific  statutory  authority  exists  for  the  creation  of  such 
board . 


744 


FIRE — ORDINANCES. 


. [art.  11. 


Ord.  16,  December  1,  1899. 

^ti^nsSfto^'  21.  The  said  examinations  shall  be  conducted  by  and 
ducted'.  under  definite  rules,  to  be  adopted  by  said  examining' 
board  from  time  to  time,  and  when  so  adopted,  to  be 
recorded  before  the  holding  of  every  examination  to  which 
they  shall  be  made  applicable ; and  the  said  rules  shall 
prescribe  the  system  of  marking  by  which  the  relative 
grades  of  the  several  candidates,  whom  the  said  examining 
board  may  find  qualified,  shall  be  determined  upon  the 
said  lists. 


Ord.  16,  December  1,  1899. 

No  name  to  be  name  of  no  person  appointed  or  promoted  to 

S^y-TOii  until  position  in  the  Fire  Department,  after  the  creation  of 
said  examining  board,  shall  be  placed  upon  the  pay-roll  of 
comJtJbfier.  Department  until  there  shall  have  been  first  filed 

with  the  Comptroller  a certificate  of  the  said  examining 
board  that  his  promotion  or  appointment  has  been  made  in 
conformity  with  the  provisions  of  this  sub-division  of  this 
Article. 


Ord.  16,  December  1,  1899. 

23.  The  President  of  the  Board  of  Fire  Commissioners 
shall  be  the  President  of  said  examining  board  and  the 
Clerk  of  the  Board  of  Fire  Commissioners  shall  perform 
^ to  S?^b?a^r?  duties  of  clerk  of  said  board.  It  shall  be  the  duty  of 

° ^ ° ’ said  clerk  to  keep  a full  and  correct  record  of  the  proceed- 

ings of  said  examining  board,  and  of  all  the  said  graded 
lists  prepared  by  it,  which  shall  at  all  reasonable  times  be 
open  to  public  inspection,  and  shall  perform  such  executive 
functions  in  connection  with  the  work  of  said  examining 
board,  as  it  may  from  time  to  time  direct  him  to  discharge. 


Ord.  16,  December  1,  1899. 

24.  Each  of  the  said  members  of  said  examining  board 
shall  before  assuming  the  duties  of  his  office  take,  in  addi- 
^b?r?of bo“d.  tion  to  the  oath  prescribed  in  section  25  of  Article  4 of  the 


ART.  11.]  FIRK  ARARM  TELEGRAPH — ORDINANCES. 


745 


Code  of  Public  Local  Laws,  the  further  oath  or  affirmation 
that  in  preparing  the  graded  lists  of  candidates  for  pro- 
motion or  appointment,  he  will  in  no  instance  and  under 
no  pretext  be  influenced  in  accepting  any  candidate  for 
appointment  or  promotion  as  qualified,  or  rejecting  any 
candidate  as  unqualified,  or  in  determining  the  relative 
grades  of  the  qualifications  of  any  such  candidate  by  their 
political  or  religious  opinions  or  affirmations,  or  by  political 
influences  of  any  kind  exerted  for  or  against  them,  or  for 
any  other  cause  or  reason  whatsoever,  than  the  fitness  or 
unfitness,  or  the  capacity  or  lack  of  capacity  of  such  candi- 
date, according  to  the  best  judgment  of  said  examiner,  to 
efficiently  discharge  the  duties  of  the  position  to  which  he 
seeks  to  be  appointed,  and  the  said  oath  or  affirmation 
shall  be  recorded  and  preserved  among  the  records  of  the 
Mayor’s  office. 


Fire  Alarm  Telegraph. 

Ord.  48,  April  30,  1884.  Ord.  15,  February  2,  1892.  City  Code,  (1893) 
Art.  20,  Sec.  37.  Ord.  29,  December  29,  1899. 

25.  There  shall  be  appointed  by  the  said  Board  of  Fire 
Commissioners,  as  other  subordinates  in  their  sub-depart- 
ment are  appointed,  one  person,  who  shall  be  a practical 
telegrapher  and  skilled  electrician,  to  be  designated 
'‘Superintendent  of  the  Fire  Alarm  Telegraph”,  whose 
duties  shall  be  the  general  superintendence  of  the  fire 
alarm  telegraph,  the  telephone  lines  to  Bay  View  Asylum, 
the  House  of  Correction,  the  Quarantine  Hospital,  the 
various  water  works  belonging  to  the  City  Water  Depart- 
ment, and  the  electrical  apparatus  and  machinery  of  the 
alarm  bells  of  the  Fire  Department ; and  who  shall  perform 
such  other  duties  in  connection  with  the  electric  and  tele- 
graph system  belonging  to  the  city  as  the  Board  of  Fire 
Commissioners  may  prescribe. 


City  Code,  (1879)  Art.  20,  Sec.  33.  City  Code,  (1893)  Art.  20.  Sec.  38. 
Ord.  10,  March  8,  1895.  Ord.  29,  December  29,  1899. 

26.  There  shall  be  appointed  by  the  said  Board  of  Fire 
Commissioners,  in  the  same  manner  as  other  subordinates 


Oath  to  be 
recorded. 


Superintend- 
ent of  Fire- 
Alarm  Tele- 
graph. 


Duties. 


Telegraphers 
and  their 
duties. 


746 


FIRK — ORDINANCES . 


[art.  11. 


Appointment 
of  lineman, 
assistant 
linemen  and 
battery  man. 


Duties  of  Sup- 
erintendent 
of  Fire  Alarm 
Telegraph. 


in  their  sub-department  are  appointed,  six  practical 
telegraphers,  whose  duty  shall  be  to  operate  the  machinery 
of  the  fire  alarm  telegraph  under  the  direction  of  the 
Superintendent  of  the  Fire  Alarm  Telegraph. 


Res.  24,  April  1,  1885.  Res.  27,  March  15,  1889.  Ord.  108,  October  17, 
1892.  City  Code,  (1893)  Art.  20,  Sec.  39.  Ord.  10, 

March  8,  1895.  Ord.  29,  December  29,  1899. 

27.  There  shall  be  appointed  by  the  said  Board  of  Fire 
Commissioners,  as  other  subordinates  of  their  sub-depart- 
ment are  now  appointed,  one  competent  person  to  be 
called  the  lineman,  whose  duties  shall  be  defined  by  said 
Board  of  Fire  Commissioners,  and  four  competent  persons 
to  be  called  assistant  linemen,  and  one  competent  person 
to  be  called  a batteryman. 


Ord.  48,  April  30,  1884.  City  Code,  (1893)  Art.  20,  Sec.  41. 

28.  The  Superintendent  of  the  Fire  Alarm  Telegraph 
shall  have  charge  of  all  the  instruments,  alarm  boxes  and 
wires  belonging  to  the  fire  alarm  telegraph  system,  and 
shall  see  that  they  are  at  all  times  in  good  order,  and 
promptly  repaired,  when  out  of  order ; it  shall  be  his 
further  duty  to  test  all  instruments  and  alarm  boxes  from 
time  to  time  and  as  often  as  may  be  necessary,  see  that 
the  telegraphers  and  other  employes  of  his  department, 
as  hereinafter  provided  for,  perform  their  duties  promptly 
and  efficiently  ; he  shall  keep  proper  books  in  which  shall 
be  recorded  all  matters  necessary  for  a full  understanding 
of  the  operations  of  his  department,  and  a book  in  which 
he  shall  record  all  cases  of  instruments,  alarm  boxes  or 
wires  at  any  time  reported  out  of  order,  with  the  date 
thereof,  and  when  repaired ; and  he  shall  annually  on  the 
first  day  of  January,  make  a written  report  of  the  opera- 
tions of  his  department  to  the  Board  of  Fire  Commissioners  ; 
all  books  and  papers  connected  with  the  department  shall 
at  all  times  be  open  to  inspection  of  the  Mayor  and  City 
Council.  He  shall  give  bond  with  good  and  sufficient 
security,  to  the  Mayor  and  City  Council  of  Baltimore,  in 


ART.  11.]  FIRE  ALARM  TELEGRAPH — ORDINANCES. 


747 


the  sum  of  two  thousand  dollars,  for  the  good  and  faithful 
performance  of  the  duties  of  his  office. 

City  Code,  (1879)  Art.  20,  Sec.  37.  City  Code,  (1893)  Art.  20,  Sec.  42. 

29.  The  telegraphers  shall  attend  at  the  central 

alarm  station,  at  least  two  of  whom  shall  be  on  duty  at  all  operators, 
hours,  day  and  night;  it  shall  be  their  duty,  immediately 
on  the  receipt  of  an  alarm  of  fire,  to  transmit  the  same  over 
the  wires,  and  do  and  perform  all  such  duties  appertaining 
to  their  office  as  may  be  required  of  them  by  the  Superin- 
tendent of  the  Fire  Alarm  Telegraph;  they  shall  each  of 
them  enter  into  good  and  sufficient  security  to  the  Mayor 
and  City  Council  of  Baltimore,  in  the  sum  of  eight  hundred  Bond, 
dollars,  for  the  good  and  faithful  performance  of  the 
duties  of  their  office.  * 

Ord.  24,  April  1,  1885.  City  Code,  (1893)  Art.  20,  Sec.  43. 

30.  It  shall  be  the  duty  of  the  lineman  and  the  assistant 
linemen  to  attend  personally  at  the  central  office  of  the  fire  assistants, 
alarm  telegraph;  they  shall  take  charge  of  the  lines  of  the 

fire  alarm  telegraph,  keeping  them  in  perfect  working  order 
and  free  from  obstructions,  and  attend  to  the  repairs  of 
the  same;  it  shall  be  the  duty  of  the  batteryman  to  attend 
personally  at  the  central  office  of  the  fire  alarm  telegraph; 
he  shall  take  charge  of  the  batteries  of  the  fire  alarm  tele- 
graph, keeping  the  same  at  all  times  in  good  working  order 
and  repair  and  the  said  lineman,  assistant  linemen  and 
batteryman  shall  do  and  perform  all  such  other  duties  apper- 
taining to  their  offices  as  may  be  required  of  them  by  the 
Superintendent  of  the  Fire  Alarm  Telegraph;  and  they 
shall  each  of  them  enter  into  good  sufficient  security 
to  the  Mayor  and  City  Council,  in  the  sum  of  eight  hundred 
dollars,  for  the  good  and  faithful  performance  of  the 
duties  of  their  office. 

City  Code,  (1879)  Art.  20,  Sec.  40.  City  Code,  (1893)  Art.  20,  Sec.  45. 

31.  Any  person  or  persons  who  shall  scratch,  stencil  or  mjuryto  teie- 
post  placards  or  bills  on  any  of  the  poles  of  the  fire  alarm 

*Note. — See  pending  ordinance  repealing  sections  29  and  30  as  to  pro- 
visions relating  to  bonds. 


748 


FIRE — ORDINANCES . 


[art.  11. 


telegraph,  or  in  any  other  manner  deface  the  same,  shall 
be  subject  to  a fine  of  not  less  than  one  dollar,  or  more 
than  twenty-five  dollars. 


Ord.  20,  March  15,  1882.  City  Code,  (1893)  Art.  20,  Sec.  46. 

, . 32.  For  the  better  protection  of  life  and  property,  the 

Fire-alarm  sig-  j.  j.  ./  / 

nai  box  in  Board  of  Fire  Commissioners  is  authorized  and  directed  to 

public  build-  •11  • 1 T 1 n 

ings.  place  a fire  alarm  signal-box  in  any  theatre,  public  hall, 
hotel,  manufactory,  hospital,  charitable  institution  or  other 
public  building  within  the  corporate  limits  of  the  city  of 
Baltimore,  where  the  proprietor  or  proprietors,  or  other 
person  or  persons  having  charge  of  such  theatre,  public 
hall,  hotel,  manufactory,  hospital,  charitable  institution  or 
other  public  building,  shall  file  with  said  board  an  applica- 
tion for  the  same;  the  expense  of  such  signal-box  to  be 
borne  by  the  person  or  persons  making  such  application; 
provided,  however,  that  they  shall  not  be  required  to  pay 
more  for  said  boxes  than  the  said  Board  of  Fire  Commis- 
sioners pay  for  the  same;  said  alarm  box  to  be  placed  in  the 
most  accessible  part  of  said  building  or  buildings. 


Ord.  20,  March  15,  1882.  City  Code,  (1893)  Art.  20,  Sec.  47. 

Ord.  106,  June  16,  1896. 

ire-alarm  sig-  33.  The  Said  fire  alarm  signal-boxes  shall  be  connected 
SubHclSiid-  with  the  regular  wires  of  the  fire  alarm  telegraph  of  the 
coSne^ted  Fire  Department,  said  connection  to  be  made  under  the 
supervision  of  the  Board  of  Fire  Commissioners,  the 
expense  of  making  such  connections  to  be  borne  by  the 
body  corporate,  person  or  persons  making  said  application. 


Ord.  20,  March  15,  1882.  City  Code,  (1893)  Art.  20,  Sec.  48. 

Control  of  Fire  34.  Said  fire  alarm  signal-boxes  shall  be  at  all  times 
Department,  supervision  of  the  proper  officers  of  the  Balti- 

more City  Fire  Department,  by  whom  all  repairs  to  the 
same  shall  be  made. 


ART.  11.]  FIRE  PEUGS,  SCREWS  AND  SUCTION  TUBES— ORDINANCES.  749 


Ord.  106,  May  1,  1893.  Ord.  49,  April  16,  1894. 

City  Code,  (1893)  Art.  20,  Sec.  48B. 

35.  The  subways  and  conduits  of  the  Chesapeake  and ® “ondutaof 
Potomac  Telephone  Company,  shall  be  used,  as  far  as  Tel.  Co.  to  be 
practicable,  under  provisions  of  ordinance  No.  41,  section 
4,  passed  by  the  Mayor  and  City  Council  of  Baltimore,  and 
approved  May  9,  1889,  being  sections  19  to  23,  inclusive,  of 
Article  IX  of  this  code;  which  ordinance  reserves  the  right 
to  place  the  wires  of  the  fire  alarm  telegraph  and  police 
patrol  telegraph,  in  the  conduits  and  subways  of  said 
Telephone  Company. 


Fire  Plugs,  Screws  and  Suction  Tubes, 

City  Code,  (1879)  Art.  20,  Sec.  20.  City  Code,  (1893)  Art.  20,  Sec.  25. 

36.  The  standard  screw  of  the  suction  tubes  of  the  standard 
steam  fire  engines  and  the  large  openings  in  fire  plugs  shall 
be  five  and  one-half  inches  in  diameter  outside  of  the  thread, 
and  five  inches  to  the  bottom  of  the  thread  with  four  and 
one-half  inches  opening,  and  four  threads  to  the  inch;  the 
standard  screw  for  hose  shall  be  three  and  three-sixteenths 
inches  in  diameter  on  the  outside,  and  two  and  fifteen- 
sixteenths  inches  in  diameter  to  bottom  of  thread,  with 
two  and  one-half  inches  opening  and  seven  threads  to  the 
inch.  The  thread  to  be  shape  on  both  couplings. 


City  Code,  (1879)  Art.  20,  Sec.  21.  City  Code,  (1893)  Art.  20,  Sec.  26. 

37.  The  Water  Engineer  is  hereby  directed  to  cause  the  plugs  to  con- 
screws  of  all  fire  plugs  hereafter  inserted  by  him  to  con-  qu?Jemen\s 
form  to  the  requirements  of  the  next  preceding  section. 

tion. 


City  Code,  (1879)  Art.  20,  Sec.  22.  City  Code,  (1893)  Art.  20,  Sec.  27. 

38.  The  Chief  Engineer  of  the  Fire  Department,  or  his  Control  of 
assistants,  shall  have  the  use  and  control  of  any  and  all 
fire  plugs  belonging  to  the  city  of  Baltimore  on  the  occur- 
rence of  fires. 


750 


Free  access  to 
plugs. 


Appointment. 


Duties. 


FIRE — ORDINANCES.  [arT.  11. 

City  Code,  (1879)  Art.  20,  Sec.  23.  City  Code,  (1893)  Art.  20,  Sec.  28. 

39.  Any  person  or  persons  who  shall  place,  or  cause  to 
be  placed  around  or  near  any  of  the  fire  plugs  of  the  city, 
any  goods,  structure  or  other  things,  in  such  a manner  as 
to  obstruct  the  free  access  to  any  of  said  plugs,  shall  be 
subject  to  a fine  of  twenty  dollars,  and  a further  fine  of 
ten  dollars  for  each  and  every  day  that  such  obstruction 
may  continue. 


Fire  Inspector. 

City  Code,  (1879)  Art.  20,  Sec.  41.  City  Code,  (1893)  Art.  20,  Sec.  49 

40.  The  Mayor,  at  his  discretion,  may  commission  as 
Fire  Inspector  such  person  as  may  be  named  and  appointed 
by  the  fire  insurance  companies  of  the  city  of  Baltimore, 
or  a majority  thereof — such  inspector  to  be  paid  by  said 
companies.  And  it  shall  be  the  duty  of  said  inspector  to 
examine  into,  report  upon,  and  keep  a record  of  all  fires 
occurring  in  said  city,  and  the  origin  thereof,  and  a brief 
description  of  the  premises  wherein  the  fire  may  have 
originated,  whether  of  brick  or  frame,  and  how  occupied, 
whether  as  dwelling,  store,  workshop  or  otherwise,  of  all 
which  a report  shall  be  made  to  the  Mayor  on  the  first  of 
each  month  ; and  he  is  further  authorized  to  examine  all 
buildings  hereafter  to  be  erected  or  altered  in  said  city,  as 
to  whether  the  same  are  built,  erected  or  altered  in  con- 
formity to  the  ordinances  of  said  city  ; and  any  person  or 
persons  interfering  with  (for  the  purpose  of  preventing) 
said  inspector  in  the  discharge  of  his  duties,  as  herein 
mentioned,  shall  be  liable  to  a fine  of  not  less  than  five  nor 
more  than  twenty  dollars ; provided,  that  the  city  authori- 
ties shall  not,  in  any  manner,  be  liable  for  the  payment  of 
the  salary  of  said  inspector,  nor  for  any  of  the  expenses 
incidental  to  such  office  ; and  that  the  Mayor  may  revoke 
and  annul  the  said  commission  at  such  time  or  times  as  he 
may  deem  proper. 


ART.  11.]  MUNICIPAL  TKLKPHONB  KXCHANGK — ORDINANCES. 


751 


City  Code,  (1879)  Art.  20,  Sec.  42.  City  Code,  (1893)  Art.  20,  Sec.  50. 

41.  It  shall  be  the  duty  of  the  police,  whenever 
shall  learn  or  know,  or  have  cause  to  believe,  that  any  to  Fire  m- 
unoccupied  house,  or  houses,  are  not  properly  secured,  to 
inform  the  Fire  Inspector,  who  shall  immediately  visit  the 
premises,  and  notify  the  owners,  agent  or  agents,  by  a 
written  or  printed  notice  delivered  at  their  residence  or 
place  of  business,  of  the  condition  of  such  unoccupied 
house  or  houses,  to  have  it  or  them  properly  secured,  so  as 
to  prevent  evilly  disposed  persons  from  gaining  access,  and 
in  case  of  such  owner  or  owners,  agent  or  agents  neglect- 
ing or  refusing  to  have  the  same  properly  secured  within 
twenty-four  hours  after  notice,  he,  she  or  they  shall  incur 
a penalty  of  one  dollar  for  each  refusal  or  neglect,  and  two 
dollars  per  day  for  each  day  he,  she  or  they  may  refuse  or 
neglect,  until  such  notice  is  complied  with ; provided, 
that  this  section  shall  not  be  construed  to  apply  to  houses 
in  the  course  of  construction. 


City  Code,  (1879)  Art.  20,  Sec.  43.  City  Code,  (1893)  Art.  20,  Sec.  51. 

42.  The  Fire  Inspector  is  hereby  authorized  and  em- 
powered to  offer  a reward  of  five  hundred  dollars  for  the 
arrest  and  conviction  of  any  party  or  parties  who  have 
been  guilty  of  setting  fire  to  any  house  or  tenement  in  the 
city— the  money  to  be  expended  and  paid  under  the  direc- 
tion of  the  Mayor. 


City  Code,  (1879)  Art.  20,  Sec.  24.  City  Code,  (1893)  Art.  20,  Sec.  29. 

43.  The  Superintendent  of  Lamps  and  Lighting  is 
directed  to  have  the  lamps  lighted  in  front  of  the  different 
engine  and  hook  and  ladder  houses  every  night  during  the 
year. 


Municipal  Telephone  Exchange. 

Ord.  41,  March  19,  1902. 

44.  The  Board  of  Fire  Commissioners  are  hereby  Authority  to 
authorized  to  appoint  two  skilled  competent  telephone  Stors. 


752 


FIRK — ORDINANCES . 


[art.  11. 


operators  of  the  Municipal  Telephone  Exchange  located  in 
the  City  Hall,  as  other  subordinates  in  their  sub-depart- 
ments are  appointed. 


Salvage  Corps. 

City  Code,  (1879)  Art.  20,  Sec.  29.  City  Code,  (1893)  Art.  20,  Sec.  34. 

45.  The  apparatus  and  wagons  of  the  Baltimore  City 
ment  and  Salvage  Corps  shall  be  entitled  to  the  right  of  way  upon 
apparatus  to  the  streets,  lanes  and  alleys  in  the  city  of  Baltimore  in 
wYy.  going  to  and  returning  from  fires  and  said  Salvage  Corps, 
in  going  to  and  returning  from  fires,  shall  enjoy  the  same 
privileges  as  are  now  enjoyed  by  the  Fire  Department. 


City  Code,  (1879)  Art.  20,  Sec.  30.  City  Code,  (1893)  Art.  20,  Sec.  35. 

46.  Any  person  or  persons  interfering  with  or  hinder- 

obstruction  apparatus  and  wagons  of  said  Salvage  Corps  in 

passing  along  any  of  the  streets,  lanes  or  highways  in  the 
city,  in  going  to  and  returning  from  fires,  shall,  upon  con- 
viction thereof,  pay  a fine  of  fifty  dollars. 

•Penalty. 

PART  II. 

POLICE  REGULATIONS  AND  PREVENTION 
OF  FIRES. 

POLICE  REGULATIONS. 

Duty  of  Police. 

Duties  of  City  Code,  (1879)  Art.  20,  Sec.  8.  City  Code,  (1893)  Art.  20,  Sec.  13. 

police. 

47.  It  shall  be  the  duty  of  the  members  of  the  police 
department,  in  the  district  in  which  the  fire  may  occur,  to 
communicate  the  fact  to  the  central  station,  by  means  of 
the  signal  box  in  the  district  in  which  the  fire  may  be,  in 
accordance  with  the  rules  and  regulations  governing  the 
signal  boxes  of  the  Fire  Department. 


Fines  and  Penalties  for  Interfering  With  Property 
of  Fire  Department. 

City  Code,  (1879)  Art.  20,  Sec,  9.  City  Code,  (1893)  Art.  20,  Sec.  14. 
njurytoprop-  48.  Should  any  person  or  persons  injure,  deface  or  in 
deS^artment.  ^ny  manner  destroy,  any  fire  apparatus  or  property  of  the 


ART.  11.]  POLICE  REGULATIONS — ORDINANCES. 


753 


fire  alarm  telegraph,  or  should  any  person  or  persons 
hinder  or  obstruct  any  city  fire  company,  or  hook  and 
ladder  company,  or  any  member  thereof,  from  freely  pass- 
ing along  the  streets  of  the  city  to  or  from  a fire,  or  in  any 
manner  hinder  or  prevent  any  of  the  said  fire  companies, 
or  any  member  of  the  same  from  operating  at  any  fire,  or 
prevent  a person  properly  authorized  from  using  the  signal 
boxes  of  the  police  and  fire  alarm  telegraph,  each  and 
every  person  or  persons  so  hindering,  obstructing  or  pre- 
venting, shall  be  fined  not  less  than  twenty  dollars  nor  penalty, 
more  than  fifty  dollars. 


Ord.  92,  April  24,  1893.  City  Code,  (1893)  Art.  20,  Sec.  14A. 

49.  The  driver  of  any  vehicle  who  shall  drive  any  such 
vehicle  over  or  across  any  hose  in  use  or  about  to  be  used  ^hoseUS 
in  any  street,  lane,  alley,  avenue  or  public  place  in  the  city 
of  Baltimore,  by  any  portion  of  the  Fire  Department  for 
extinguishing  any  fire  that  may  occur  within  the  corporate 
limits  of  said  city,  shall  be  deemed  guilty  of  a mis- 
demeanor and  on  conviction  thereof  before  any  police 
magistrate,  shall  pay  a fine  of  twenty  dollars,  or  in  default 
of  payment  of  such  fine,  shall  be  punished  by  imprisonment 
for  not  less  than  ten  days.  But  this  section  shall  not  apply 
to  drivers  of  wagons  carrying  the  United  States  mail,  or 
to  drivers  of  physicians’  carriages,  or  to  drivers  of 
ambulances,  when  conveying  an  injured  person  from  the  a^iSSbie. 
scene  of  any  accident  by  which  persons  may  have  been 
injured,  or  any  patient  to  the  hospital,  or  when  proceeding 
to  the  scene  of  any  such  accident,  or  to  the  drivers  of  any 
vehicles  who  may  be  permitted  to  drive  over  or  across 
such  hose  by  the  officer  in  command  of  the  Fire  Depart- 
ment when  operating  at  any  such  fire  and  under  his 
direction. 


City  Code,  (1893)  Art.  20,  Sec.  15.  Ord.  156,  February  10,  1899. 

Ord.  209,  February  21.  1905. 

50.  Should  any  person  or  persons  knowingly  give  or^andpun“h. 
cause  to  be  given,  any  false  alarm  of  fire  by  means  of  the 


754 


FIRK — ORDINANCES . 


[art.  11. 


Reward  for 
conviction 
of  persons 
giving  false 
alarm. 


Unauthorized 
possession  c 
keys. 


Penalty. 


Unauthorized 
use  of 
uniform. 


telegraph  boxes  connected  with  the  fire  alarm  telegraph, 
he,  she  or  they  shall  be  subject  to  a fine  of  not  less  than 
•five  dollars,  nor  more  than  five  hundred  dollars,  or  to 
imprisonment  in  the  House  of  Correction,  House  of  Refuge 
or  City  Jail  for  such  terms  not  exceeding  twelve  months, 
as  may  be  determined  by  the  Court,  or  to  both  fine  and 
imprisonment. 


City  Code,  (1879)  Art.  20,  Sec.  11.  City  Code,  (1893)  Art.  20,  Sec.  16. 

51.  Authority  is  hereby  given  to  the  Chief  Engineer  of 
the  Fire  Department,  in  his  discretion,  and  with  the  appro- 
bation of  the  Board  of  Fire  Commissioners,  to  offer  a 
reward  of  one  hundred  dollars  or  less  for  the  apprehension 
and  conviction  of  any  person  or  persons  who  shall 
knowingly  give,  or  cause  to  be  given,  any  false  alarm  of 
fire  by  means  of  telegraph  boxes  connected  with  the  fire 
alarm  telegraph. 


City  Code,  (1879)  Art.  20,  Sec.  12.  City  Code,  (1893)  Art.  20,  Sec.  17. 

52.  Should  any  person  or  persons  unauthorized  have  in 
his,  her  or  their  possession,  or  make,  or  cause  to  be  made, 
any  key  or  keys  of  any  fire  engine  or  truck  house,  or  fire 
alarm  telegraph  box,  or  use,  or  cause  to  be  used,  the  same 
without  the  authority  of  the  Board  of  Fire  Commissioners, 
he,  she  or  they  shall  be  subject  to  a fine  of  not  less  than 
one  hundred  dollars,  and  not  more  than  two  hundred 
dollars. 


City  Code,  (1879)  Art.  20,  Sec.  13.  City  Code,  (1893)  Art.  20,  Sec.  IS. 

53.  Should  any  person  or  persons  not  a member  of  the 
Fire  Department  use  the  uniform  determined  upon  by  the 
Board  of  Fire  Commissioners,  or  any  part  thereof,  without 
their  permission,  such  person  or  persons  shall  each  be  fined 
not  less  than  five  dollars,  nor  more  than  twenty  dollars, 
for  each  and  every  offence. 


ART.  11.]  PREVENTION  OF  FIRES — ORDINANCES. 


755 


PREVENTION  OF  FIRES. 

Precautions.  Fines  and  Penalties. 

City  Code,  (1879)  Art.  20,  Sec.  44.  City  Code,  (1893)  Art.  20,  Sec.  52. 

54.  No  person  or  persons  shall  carry  a lighted  candle 
or  lamp  into  any  stable,  or  make  use  of  it  there,  unless  the 
same  is  well  secured  in  a tin,  horn  or  glass  lantern,  under 
a penalty  of  five  dollars. 

City  Code,  (1879)  Art.  7,  Sec.  11.  City  Code,  (1893)  Art.  7,  Sec.  90. 

55.  No  person  or  persons  shall  be  permitted  to  hang 

place  any  lamp  or  light  on  the  outside  of  any  wooden  buildings, 
building,  unless  such  lamp  be  made  of  such  materials  as 
will  prevent  any  liability  to  fire,  and  be  placed  at  the 
distance  of  two  feet  six  inches  from  such  wooden  building; 
and  any  person  or  persons  offending  against  the  provisions 
of  this  section  shall  forfeit  and  pay  a sum  not  exceeding 
five  dollars  for  every  such  offence,  and  five  dollars  per  day 
for  every  day  he  or  they  shall  permit  such  lamp  to  remain. 


Ord.  118,  June  27,  1894. 

56.  All  persons,  employed  or  otherwise,  about  any  and  prohibiting 
all  livery  and  hiring  stables  in  the  city  of  Baltimore,  are  use°?f 
prohibited  from  smoking  or  using  matches  or  uncovered  fampstn 
lamps  in  the  stable  portion  of  said  building  (not  including 
the  offices  of  the  same) ; the  police  shall  have  power  to  duties  of 
enter  at  any  time  any  stable  and  arrest  any  person  so 
violating  the  provisions  of  this  section  ; a copy  hereof  shall 
be  posted  in  some  conspicuous  place  in  each  and  every  section 
livery  stable  so  named  ; and  the  party  or  parties  who  may  be  posted, 
be  the  owners  or  occupiers  of  said  stable,  or  other  persons 
so  offending  against  the  provisions  of  this  section,  shall  be  for 
subject  to  a fine  of  five  dollars  for  each  and  every  offence,  violations. 


Ord.  132,  September  2,  1896. 

57.  No  person  shall  cast,  throw  or  fire  any  squib, 
rocket,  cracker,  torpedo,  grenade  or  other  combustible 
fireworks  or  explosive  preparations  within  the  city ; and 


756 


FIRE— ORDINANCES. 


[art.  11. 


every  person  for  every  such  offence  shall  forfeit  and  pay  a 
sum  not  exceeding  five  dollars  ($5) ; but  the  Mayor  shall 
S-ewS-ki  authorized  to  grant  free  of  all  charge  a permit  for  using 
fireworks  if  he  so  sees  fit. 


City  Code,  (1879)  Art.  20,  Sec.  46.  City  Code,  (1895)  Art.  20,  Sec.  54. 

Sale  of  fire-  58.  It  shall  not  be  lawful  for  any  person  or  persons  to> 
hibited.  sell,  or  offer  for  sale,  within  the  limits  of  the  city,  any 
crackers,  squibs,  rockets  or  other  combustible  fireworks 
provided,  however,  that  this  section  shall  not  apply  to  the 
sale  of  any  such  article  when  sold  in  the  original  package 
as  imported,  and  every  offender  against  any  of  the 
provisions  of  this  section  shall  pay  for  each  and  every 
offence  two  dollars. 


City  Code,  (1879)  Art.  20,  Sec.  47.  City  Code,  (1893)  Art.  20,  Sec.  55. 

Manufacture  of  69.  It  shall  not  be  lawful  for  any  person  or  persons  to- 
prohibited.  manufacture,  within  the  limits  of  the  city,  any  crackers, 
squibs,  rockets,  or  any  other  combustible  fireworks,  and 
every  offender  against  the  provisions  of  this  section 
shall  forfeit  and  pay  the  sum  of  twenty  dollars  for  each 
and  every  offence. 


City  Code,  (1879)  Art.  20,  Sec.  48.  City  Code,  (1893)  Art.  20,  Sec.  56. 

shes  in  wood-  porson  shall  keep  ashes  in  any  barrel,  box  or 

en  vessels,  other  wooden  vessel,  or  on  any  wooden  floor  in  any 
building,  under  a penalty  of  five  dollars  for  each  offence. 


City  Code,  (1879)  Art.  20,  Sec.  49.  City  Code,  (1893)  Art.  20,  Sec.  57. 

Hay  and  straw,  61.  Hay  and  cut  straw  may  be  kept  on  the  premises  of 
how  to  be  person  or  persons,  provided,  and  on  condition,  that  the 

building  in  which  the  hay  and  straw  shall  be  kept  shall  be 
constructed  of  brick  or  stone,  with  walls  not  less  than 
eight  and  a-half  inches  thick,  and  if  the  building  be  of  but 
one  story,  the  roof  shall  be  covered  with  gravel,  slate  or 
metal,  and  the  doors  and  windows  shall  be  covered  on  the 


ART.  11.] 


PRECAUTIONS — ORDINANCES. 


757 


outside  with  sheet  iron ; and  for  any  violation  of  this 
section  the  person  or  persons  so  offending  shall  forfeit  and 
pay  ten  dollars. 


City  Code,  (1878)  Art.  20,  Sec.  50.  City  Code,  (1893)  Art.  20,  Sec.  58. 

62.  Parties  shall  not  be  liable  for  the  fines  and 
penalties  imposed  by  the  preceding  sections  *54,  55,  60  and  penalties. 
61,  unless  reasonable  notice  has  been  given  to  the  said 
party  or  parties  so  offending,  and  the  necessary  time  has 
been  allowed  for  a compliance  with  the  requirements  of 
said  sections ; provided,  however,  that  the  provisions  of 
this  section  shall  not  be  applicable  to  a party  or  parties  who 
may  commit  the  same  offence  a second  time,  or  fail  to 
comply  with  the  requirements  of  said  sections,  after  the 
notice  aforesaid  has  been  given,  or  when  the  offence  was 
knowingly  or  wilfully  committed. 


City  Code,  (1879)  Art.  22,  Sec.  36.  City  Code,  (1893)  Art.  22,  Sec.  60. 

Ord.  116,  June  13,  1894,  Sec.  41. 

63.  No  person  in  charge  of  any  ship  or  vessel  shall 
permit  any  fire  to  be  kept  on  the  deck  thereof  while  lying  kept  on  the 
at  any  wharf  or  dock  within  the  city,  between  the  hours  of  vessel  during 
ten  o clock  at  night  and  five  o clock  in  the  morning,  and  it  at  night, 
shall  be  the  duty  of  the  police  officers  to  visit  the  bay  craft 
within  their  respective  districts  and  give  information  of 
this  regulation  to  some  person  on  board.  The  master  of 
any  vessel  violating  the  provisions  of  this  section  shall  pay 
a penalty  of  five  dollars  for  each  and  every  offence. 


Ord.  26,  April  1,  1895. 

64.  It  shall  be  unlawful  for  any  person  to  smoke,  carry  Matches,  pipes 
or  have  any  lighted  match,  pipe,  cigar,  or  cigarette,  or  to  not  to  be 
carry  or  use  any  portable  open  light  in  or  upon  any  wharf,  whar??s,  etc. 
shed,  pier  or  warehouse,  wherein  or  whereon  may  be  any 
cotton  in  bales  or  bulk,  rags,  hay,  spirits  of  turpentine, 
petroleum,  tar,  pitch,  rosin,  gun-powder,  gasoline  or 
illuminating  oils. 


758 


FIRK — ORDINANCES . 


[art.  11. 


Penalty  for 
violating  pro 
visions  of 
next  preced- 
ing section. 


Where 

deposited. 


When  to  be 
burnt. 


Plan  of  hotel 
to  be  kept  in 
rooms. 


Fire  escapes. 


Ord.  26,  April  1,  1895. 

65.  Any  person  violating  any  of  the  provisions  of  the 
next  preceding  section  of  this  Article  shall,  upon  convic- 
tion thereof,  be  liable  to  a fine  of  not  less  than  five  nor 
more  than  twenty-five  dollars. 


Shavings. 

City  Code,  (1879)  Art.  20,  Sec.  70.  City  Code,  (1893)  Art.  20,  Sec.  77. 

66.  It  shall  not  be  lawful  for  any  person  or  persons  to 
deposit  on  any  vacant  lot,  except  at  the  distance  of  at  least 
three  hundred  feet  from  any  building,  or  lumber  yard,  any 
shavings,  chips  or  other  combustible  matter ; and  it  shall 
be  the  duty  of  every  person  or  persons,  who  shall  remove 
such  combustible  matter  to  such  place  as  is  hereby  permitted, 
to  burn  them  or  cause  them  to  be  burnt,  before  five  o’clock 
in  the  evening  of  the  day  on  which  they  are  so  deposited  ; 
and  every  person  offending  against  the  provisions  of  this 
section  shall  forfeit  and  pay  a sum  not  exceeding  twenty 
dollars. 


Safety  Regulations  for  Hotels. 

Ord.  78,  June  7,  1883.  City  Code,  (1893)  Art.  20,  Sec.  60. 

67.  It  shall  be  the  duty  of  all  owners,  lessees  or  persons 
having  charge  of  or  owning  any  hotel  in  which  twenty-five 
or  more  persons  can  be  accommodated,  to  have  placed  in 
each  sleeping  room  of  said  hotel  a plan  of  the  floor  on 
which  said  room  is  situated,  showing  the  location  of  all 
rooms,  halls,  passage-ways  and  openings,  and  all  stairways 
and  fire  escapes,  and  their  approaches  to  and  from  said 
floor,  and  at  every  corner  or  turning  of  any  hall  or  pass- 
age-way, to  place  a conspicuous  sign,  showing  the 
distance  to  the  nearest  stairway  and  fire  escape,  with 
lights  so  arranged  that  said  signs  can  be  easily  read  at  all 
hours  ; also  to  place  such  fire  escapes  as  shall  be  directed 
by  the  Inspector  of  Buildings.** 

**NoTK. — See  ante,  sections  §447a  to  §447d,  inclusive.  City  Charter,  pp. 
308,  309,  for  provisions  relating  to  fire  alarm  bells  in  hotels,  etc. 


ART.  11.]  INFRAMMABTE  MATKRIAE— ORDINANCES.  75* 

Ord.  126,  October  3,  1891.  City  Code,  (1893)  Art.  20,  Sec.  61. 

68.  It  shall  be  the  duty  of  the  Inspector  of  Buildings, 
or  his  assistants,  to  visit  said  hotels  to  ascertain  if  the 
provisions  of  the  next  preceding  section  of  this  Article 
have  been  complied  with ; and  if  any  owner,  lessee  or 
person  having  charge  of  any  hotel,  as  mentioned  in  the 
preceding  section,  shall-  fail  to  comply  with  the  provisions 
of  said  section,  he,  she  or  they  shall  forfeit  and  pay  a fine 
of  one  hundred  dollars  for  non-compliance  therewith,  and 
twenty-five  dollars  per  day  for  each  and  every  day  there- 
after that  he,  she  or  they  shall  fail  to  comply  with  the 
provisions  of  the  next  preceding  section. 


INFLAMMABLE  AND  EXPLOSIVE  MATERIALS. 

Dynamite,  Nitro-glycerine,  Etc. 

City  Code,  (1879)  Art.  20,  Sec.  67.  City  Code,  (1893)  Art.  20,  Sec.  74. 

69.  It  shall  not  be  lawful  for  any  person,  persons,  or  Manufacture 
body  corporate,  to  maufacture  within  the  limits  of  the  city 
any  explosive  material  or  compound,  to  be  used  for  the  pur- 
pose of  blasting  or  mining,  or  for  any  other  purpose,  the 
manufacture  of  which  would  be  dangerous  to  life  and 
property,  under  the  penalty  of  one  hundred  dollars  and  a 
further  penalty  of  fifty  dollars  for  each  and  every  day 
that  such  explosive  material  or  compound  may  be  manufac- 
tured, after  proper  notification  for  discontinuance  thereof 
by  the  Mayor  or  Fire  Inspector. 


City  Code,  (1879)  Art.  20,  Sec.  68.  City  Code,  (1893)  Art.  20,  Sec.  75. 

70.  It  shall  not  be  lawful  to  store  or  keep  in  any  build- storage  pro- 
ing  or  shed,  or  deposit  upon  any  vacant  lot,  or  convey 
through  any  of  the  streets,  lanes  or  alleys  of  the  city,  any 
dynamite,  nitro-glycerine,  or  any  other  explosive  material 
or  compound  other  than  gunpowder,  unless  a permit  in  writ- 
ing for  such  purpose  or  purposes  be  first  obtained  from  the 
Mayor  under  a penalty  of  fifty  dollars  for  each  offence  and 
a further  penalty  of  fifty  dollars  for  each  and  every  day 
that  such  explosive  material  or  compound  may  remain 


FIRK — ORDINANCES.  [aRT.  11. 

stored,  kept,  deposited  or  conveyed,  as  the  case  may  be, 
after  the  proper  notification  from  the  Mayor  or  Fire 
Inspector  for  a compliance  with  the  provisions  of  this 
section. 

City  Code,  (1879)  Art.  20,  Sec.  69.  City  Code,  (1893)  Art.  20,  Sec.  76. 

71.  In  all  buildings  in  which  any  explosive  material  or 
compound,  as  regulated  by  the  two  next  preceding  sections 
stored  or  kept  under  a permit  obtained  from  the  Mayor,  it 
shall  be  the  duty  of  the  person  or  persons  so  storing  it,  to 
place  a tin  sign  on  the  door,  or  some  other  conspicuous 
place  on  the  outside  of  the  first  story  of  such  building,  on 
which  shall  be  painted  in  legible  letters,  the  name  of  the 
material  or  compound  so  stored  or  kept,  under  a penalty 
of  twenty  dollars,  and  a further  penalty  of  ten  dollars  for 
each  and  every  day  after  proper  notification  from  the 
Mayor  or  Fire  Inspector  until  such  sign  as  above  designated 
shall  be  posted. 

^ Ord.  229,  March  21,  1905. 

72.  No  person  shall  blast  rock  or  stone  or  other  material 
wriuenper-  qj,  thing  with  gunpowder,  giant  powder,  dynamite,  gun 

cotton,  nitro-glycerine,  or  any  other  explosive  compound, 
within  the  limits  of  the  City  of  Baltimore,  without  the 
written  consent  of  the  Mayor. 

Ord.  229,  March  21,  1905. 

Penalty.  73.  Any  person  who  shall  refuse,  neglect  or  fail  to 

comply  with  the  terms  and  conditions  of  the  next  preced- 
ing section  of  this  Article,  shall  upon  conviction  thereof,  be 
subject  to  a fine  of  not  less  than  twenty-five  dollars  ($25), 
nor  more  than  one  hundred  dollars  ($100) . 

Gasoline,  Naphtha  and  Benzine. 

Ord.  225,  March  20,  1905. 

^gSine^that  74.  It  shall  not  be  lawful  for  any  person  or  persons, 
firm  or  corporation  other  than  a manufacturer,  to  have. 


760 


Tin  sign  on 
door. 


No  blasting 
■without 


ART.  3.]  INFLAMMABLE  MATERIALS — ORDINANCES. 


761 


use,  store  or  keep  at  any  one  time,  in  any  one  building  sta- 

within  the  city  of  Baltimore,  more  than  one  barrel  each  of  exSted." 
naphtha,  benzine  or  gasoline,  but  this  section  shall  not  apply 
to  automobile  storage  stations  or  to  storage  tanks  in  con- 
nection with  gasoline  boilers  or  engines. 


Ord.  225,  March  20,  1905. 

75.  The  Inspector  of  Buildings  is  authorized  and  ^au'tom'obuJ°^ 
empowered  to  grant  a permit  to  any  person  or  persons,  s£tfon^s. 
firm  or  corporation  applying,  to  construct  and  maintain  an 
automobile  storage  station,  in  which  naphtha  or  gasoline 
may  be  stored  by  one  of  the  following  methods  only: 

(A)  In  an  iron  or  steel  tank  of  design  and  construction 
approved  by  the  Inspector  of  Buildings,  said  tank  to  be 
buried  underground  at  least  two  feet  beneath  the  surface 
and  the  maximum  amount  stored  therein  shall  not  exceed 
two  hundred  and  seventy-five  (275)  gallons,  and  not  more 
than  one  tank  shall  be  permitted  upon  the  same  premises. 

(B)  Or,  in  approved,  sealed,  non-corrosive  cans,  to  a 
maximum  amount  not  exceeding  fifty  (50)  gallons.  No 

sale  of  naphtha  or  gasoline  in  automobile  storage  stations  saies  in  auto- 
shall  be  made  except  in  the  transaction  of  the  regular  ^^^slatlSTs. 
business  of  such  stations  in  the  way  of  filling  tanks  of 
automobiles,  and  no  sale  of  these  oils  in  cans  shall  be  made 
in  such  stations  in  less  amount  than  the  entire  contents  of 
a sealed  and  unbroken  package.  Immediately  upon  the 
receipt  of  naphtha  or  gasoline  in  such  stations,  the  same, 
unless  contained  in  cans,  shall  be  transferred  to  the 
storage  tank  in  such  manner  as  to  prevent  the  leakage  and 
dripping  of  liquid  after  the  connecting  pipe  is  removed. 

No  such  permit  shall  be  granted  unless  the  following 
precautionary  regulations  are  observed,  and  upon  non-ob- 
servance  of  them,  or  any  of  them,  the  said  permit  shall  be 
revoked  and  the  penalties  hereafter  provided  for  in  section 
79  of  this  Article,  enforced. 

(a)  Sand  shall  be  kept  in  buckets  fit  and  available  for  Precautionary 
absorbing  any  waste  oil  that  may  fall  upon  the  floor  and  such 
sand,  when  saturated,  shall  be  promptly  removed  to  a place 
and  burnt;  the  use  of  sawdust  for  this  purpose  is  prohibited. 


762 


FIRE — ORDINANCES. 


[art.  11. 


Other  storage 
tanks. 


(b)  No  naphtha  or  gasoline  shall  be  put  into  or  taken 
out  of  any  automobile  within  fifty  (50)  feet  of  an  open  fire, 
nor  until  lamps  or  other  apparatus  intended  to  be  carried 
upon  the  vehicle  for  illuminating  purposes,  or  as  pilot 
lights,  have  been  extinguished. 

(c)  In  no  case  shall  naphtha  or  gasoline  be  allowed  to 
run  upon  the  fioor  or  to  fall  or  to  pass  into  the  drainage 
system  of  the  premises. 

(d)  Naphtha  or  gasoline  shall  not  be  carried  in  open 
vessels  about  the  premises;  if  it  is  necessary  to  convey 
naphtha  or  gasoline  it  must  be  done  in  an  approved, 
enclosed,  non-corrosive  can  or  cans,  with  an  automatic 
closing  device  which  shall  effectually  close  the  same,  and 
of  the  capacity  most  closely  adapted  for  filling  the  machine, 
but  not  exceeding  five  (5)  gallons. 

(e)  If  it  is  necessary  to  empty  the  tanks  of  automobiles, 
it  shall  only  be  done  with  the  utmost  precautions  against 
fire,  and  the  fluid  must  be  returned  to  the  approved  can  or 
cans  directly  with  the  automatic  closing  device,  which  shall 
effectually  close  the  same. 


Ord.  225,  March  20,  1905. 

76.  The  Inspector  of  Buildings  is  authorized  and 
empowered  to  grant  a permit  to  any  person,  firm  or 
corporation  to  construct  and  maintain  storage  tanks  for 
naphtha  or  gasoline  for  power  uses  other  than  automobile 
stations,  provided  all  such  tanks  shall  be  constructed  of 
steel,  iron  or  copper,  and  placed  underground,  with  not 
less  than  four  (4)  feet  dirt  covering,  and  further  provided 
that  all  valves,  cocks  or  other  devices  by  which  said  tanks 
are  filled,  or  the  oil  or  vapor  is  to  be  taken  from  the  tanks, 
shall  be  of  such  standard  make  or  pattern  as  shall  prevent 
leakage  or  improper  flow  and  to  be  fully  approved  by  the 
Inspector  of  Buildings. 


Ord.  225,  March  20,  1905. 

77.  The  use  of  gasoline  for  cooking,  heating  or  other 
domestic  purposes,  is  prohibited  except  as  hereinafter 


ART.  11.]  inflammable  MATERIAL — ORDINANCES. 


763 


provided,  but  these  provisions  shall  not  3,pply  to  persons 
engaged  in  business  as  cleaners,  dyers  or  scourers. 

(A)  All  tanks  or  cans  for  the  delivery  or  storage  of 
gasoline  for  domestic  use,  and  all  supply  tanks  or  reservoirs 
connected  with  gasoline  stoves,  and  the  pipes  connecting 
said  supply  tanks  or  reservoirs  with  said  stoves,  shall  be 
constructed  of  non-corrosive  material.  All  valves,  cocks 
or  devices  for  filling  or  emptying  said  tanks,  cans  or 
reservoirs,  shall  be  of  such  standard  make  or  pattern  as  to 
prevent  leakage  or  improper  flow.  No  such  reservoir,  can 
or  tank  shall  contain  more  than  five  gallons  of  gasoline  at 
any  one  time. 

(B)  Every  gasoline  stove,  unless  the  reservoir  or  tank, 
which  feeds  such  stove  shall  be  entirely  outside  the  build- 
ing in  which  such  stove  is  located,  shall  be  so  arranged 
that  the  cock  or  valve  leading  to  the  burners  must  be 
closed  before  the  reservoir  or  tank  can  be  filled,  so  that  no 
burner  can  be  lighted  or  burning,  while  the  reservoir  or 
tank  is  being  filled. 

(C)  No  person,  firm  or  corporation  shall  sell  in  the  city 
of  Baltimore,  any  gasoline  stove,  unless  said  stove  and 
apparatus  connected  therewith  shall  conform  with  the  pro- 
visions of  this  sub-division  of  this  Article  and  said  stove  shall 
be  stamped  with  the  name  of  the  dealer  selling  the  same. 

(D)  All  persons,  firms  or  corporations  engaged  in  the 
city  of  Baltimore  in  the  business  of  selling  gasoline  stoves 
and  apparatus  connected  therewith  shall  be  registered  in 
the  office  of  the  Comptroller,  who  upon  payment  of  an 
annual  fee  of  ten  dollars  ($10.00)  by  such  person,  firm  or 
corporation,  shall  issue  to  the  applicant  a permit  to  sell 
such  stoves  and  apparatus.  No  stove  or  apparatus,  where 
the  reservoir  is  designed  to  be  within  the  same  building  as 
the  stove,  shall  be  sold  by  such  person,  firm  or  corporation. 


Regulations  of 
use  of  gaso- 
line for 
domestic  pur- 
poses; 
proviso. 


Gasoline 
stoves:  reg- 
ulating sale 
of  stoves. 


Persons  selling 
gasoline 
stoves  and 
apparatus  to 
be  registered 
and  pay  reg- 
istry fee. 


Ord.  225,  March  20,  1905. 

78.  No  gasoline  shall  be  sold  to  domestic  consumers  saie  of  gasoline 
except  in  the  original  package,  unless  the  purchaser  shall  purposes, 
be  provided  with  and  present  to  the  dealer  a proper  non- 
corrosive  metal  can  with  approved  screw  top  and  spout  of 
not  greater  diameter  than  one-quarter  of  an  inch. 


764 


FIRE — ORDINANCES , 


[art.  11. 


Ord.  225,  March  20,  1905. 

79.  Any  person  or  persons,  firm  or  corporation  selling 
or  offering  to  sell  any  gasoline,  stove  or  apparatus  in 
violation  of  the  provisions  of  sections  74  to  78  inclusive,  of 
this  Article  shall  forfeit  and  pay  a fine  of  fifty  dollars  ($50) 
for  each  offence  and  forfeit  license ; and  any  person  or 
persons,  firm  or  corporation  using  any  stove  or  apparatus 
in  violation  of  sections  75  to  78,  inclusive,  of  this  Article 
^Tn1awfui°saie  ^hall  forfeit  and  pay  a fine  of  ten  dollars  ($10)  for  each 
gaS)ii?fe°lnd  offcncc ; and  any  person  or  persons,  firm  or  corporation 
ftoveiTnd  selling  gasoline  to  domestic  consumers  in  violation  of  the 
apparatus,  ^lext  preceding  section  of  this  Article,  shall  forfeit  and  pay 
a fine  of  fifty  dollars  ($50)  for  each  offence  ; and  any  per- 
son or  persons,  firm  or  corporation  violating  any  other 
provision  of  the  five  next  preceding  sections  of  this  Article, 
shall  forfeit  and  pay  a fine  not  exceeding  fifty  dollars  ($50) 
for  each  offence. 

Gunpowder. 

City  Code,  (1879)  Art.  20,  Sec.  54.  City  Code,  (1893)  Art.  20,  Sec.  64. 

Carriage  8^*  ^11  gunpowder  Carried  or  conveyed  to  or  from  any 

through  city,  place  in  or  through  the  city,  shall  be  first  well  secured 
with  a good  bag  or  bags,  or  covered  with  a sail  or  other 
cloth  under  and  around  it,  so  as  effectually  to  secure  the 
same  from  scattering  or  sifting  out,  under  a penalty  of  ten 
dollars  for  every  quarter  barrel,  or  twenty-five  pounds 
weight,  carried  or  conveyed  otherwise  than  is  herein  pro- 
vided, to  be  recovered  of  the  owner  of  said  powder,  or  the 
person  having  charge  of  the  same,  or  of  the  person  actually 
conveying  or  carrying  the  same,  or  any  of  them. 

City  Code,  (1879)  Art.  20,  Sec.  55.  City  Code,  (1893)  Art.  20,  Sec.  65. 

81.  No  person  or  persons  shall  have  or  keep  in  his,  her 
Quantity  that  or  their  possession,  within  the  limits  of  the  city,  whether 
maj  be  kept.  building  or  shed,  or  in  the  street,  or  upon  any  lot  or 

premises  whatever,  or  in  any  wagon,  cart,  dray  or  other 
carriage,  any  quantity  of  gunpowder  exceeding  fifty  pounds 
in  weight,  (which  shall  be  well  secured  in  tin  canisters  or 


**Note. — The  provisions  of  section  80  appear  to  be  archaic. 


ART.  11.]  MANUFACTURE  OF  OIES — ORDINANCES. 


765 


wooden  kegs),  under  a penalty  of  twenty-five  dollars  for 
every  violation  of  this  section,  by  having  above  the  quantity 
hereby  allowed  ; provided,  that  this  penalty  shall  not  apply 
to  gunpowder  being  conveyed  and  actually  in  transitu, 
without  stoppage,  (except  sufficient  time  for  the  purpose 
of  delivery, ) through  the  streets  of  the  city  of  Baltimore, 
for  the  purpose  of  shipment  or  transportation  beyond  the 
city. 


City  Code,  (1879)  Art.  20,  Sec.  56.  City  Code,  (1893)  Art.  20,  Sec.  66. 

82.  Any  person  or  persons  keeping  gunpowder  in  their  kept, 
store  or  warehouse,  shall  have  it  kept  in  a tin  canister  near 
one  of  the  front  doors,  and  a tin  sign  placed  on  the  outside 
of  the  door  marked  ‘ ‘gunpowder. ' ^ Any  person  or  persons 
failing  to  comply  with  the  provisions  of  this  section,  shall 
forfeit  ten  dollars  to  the  use  of  the  city  of  Baltimore,  to  be 
collected  as  small  debts  are,  before  a single  Justice  of  the 
Peace  in  the  name  of  the  Mayor  and  City  Council  of 
Baltimore. 


City  Code,  (1879)  Art.  20,  Sec.  57.  City  Code,  (1893)  Art.  20,  Sec.  67. 

83.  The  Mayor,  or  any  Justice  of  the  Peace,  is  hereby  search 
authorized,  as  often  as  he  shall  be  informed  upon  oath  of 
probable  cause  to  suspect  any  person  or  persons  of  conceal- 
ing or  keeping  within  the  said  city,  any  quantity  of 
gunpowder  over  and  above  fifty  pounds  as  aforesaid,  to 
issue  a search  warrant  to  examine  into  the  truth  of  such 
allegation  or  suspicion,  and  search  any  place  whatever 
thereiiL 


Manufacture  of  Oils. 

City  Code,  (1879)  Art.  20,  Sec.  59.  City  Code,  (1893)  Art.  20,  Sec.  69. 

84.  It  shall  not  be  lawful  for  any  person  or  persons  to  Erection  of 
erect,  build  or  have  put  up  or  use  any  building  or  buildings 
for  the  manufacture  of  camphine,  pine,  ethereal  or  coal  oil, 
refined  petroleum  oil,  kerosene  or  carbon  oil,  and  all  oils 
manufactured  from  coal,  rock  or  earth  oil,  and  petroleum 
within  the  limits  of  the  city  without  first  obtaining  the 


766 


FIRK — ORDINANCFS . 


[art.  11. 


Manufacturers 
of  coal  oil, 
naphtha  and 
benzine. 


How  kept  for 
sale. 


Penalties. 


sanction  of  the  Mayor  and  City  Council  of  Baltimore  ; and 
ten  days  notice  immediately  preceding  the  application  ta 
the  Mayor  and  City  Council  of  Baltimore  shall  be  given  by 
at  least  four  insertions  in  two  or  more  of  the  daily  papers- 
of  the  city,  setting  forth  the  purpose  of  said  application,, 
the  street,  alley  or  court  and  square  of  ground  on  which 
the  contemplated  manufactory  is  to  be  erected  or  put  up  ; 
and  any  person  or  persons  violating  this  section  shall  be^ 
subject  to  the  penalty  of  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars,  and  the  further  penalty  of  twenty 
dollars  for  each  and  every  day  such  manufactory  shall 
remain  ; provided,  that  nothing  in  this  section  shall  apply 
to  manufactories  of  coal  and  other  oils  now  erected  and 
in  use  in  said  city. 


Storage  of  Oils. 

City  Code,  (1879)  Art.  20,  Sec.  62.  City  Code,  (1893)  Art.  20,  Sec.  70. 

85.  Manufacturers,  refiners  or  distillers  of  coal  or  rock 
oil,  naphtha  or  benzine,  may  keep  or  store  in  their  factories 
such  quantities  of  oil,  naphtha  or  benzine  as  they  desire 
provided  always  that  the  said  manufactory  is  carried  on  in 
a brick,  stone  or  fire  proof  building  or  buildings,  not  nearer 
than  fifty  feet  to  any  other  building,  and  if  in  a frame 
building,  no  nearer  than  one  hundred  feet  to  any  other 
building. 


City  Code,  (1879)  Art.  20,  Sec.  63.  City  Code,  (1893)  Art.  20.  Sec.  71. 

86.  Refined  petroleum,  earth  or  rock  oil,  or  coal  oil  or 
kerosene  oil,  for  illuminating  purposes,  may  be  kept  on 
sale  in  stores,  dwelling  houses  or  other  buildings. 


City  Code,  (1879)  Art.  20,  Sec.  66.  City  Code,  (1893)  Art.  20,  Sec.  73. 

87.  Any  person,  persons  or  corporation,  who  shall  vio- 
late any  of  the  provisions  of  the  two  next  preceding  sections 
of  this  Article,  shall  forfeit  and  pay  a fine  of  fifty  dollars 
for  each  and  every  offence,  and  ten  dollars  for  each  and 
every  day  thereafter  the  said  violation  continues. 


ART.  12.] 


GAMING — ORDINANCES . 


767 


88.  All  fines,  penalties  and  forfeitures  incurred  by  the  ^ 

violation  of  any  of  the  provisions  of  this  Article,  shall  be  forf|ftS?es. 
recovered  as  other  fines,  penalties  and  forfeitures  imposed 
for  the  violation  of  city  ordinances  are  recoverable,  and 
when  collected,  shall  be  paid  to  the  Comptroller. 


ARTICLE  XII. 

GAMING. 

ORDINANCES. 


1.  Penalty  for  fraudulent  gaming 

and  betting. 

2.  Penalty  for  gaming  in  licensed 

houses  of  entertainment;  lia- 
bility of  keepers  of  same. 

3.  Penalty  for  keeping  gaming 

tables,  etc. 

4.  Police  to  give  information  of 

gaming  to  Mayor;  police  to 


suppress  gaming;  procedure 
of  police;  penalty  for  obstruct- 
ing police. 

5.  Penalty  for  racing  horses  for 

gain. 

6.  Penalty  for  playing  long  bullets. 

7.  Collection  of  fines  and  penalties 

imposed  under  this  Article. 


■City  Code,  (1879)  Art.  21,  Sec.  1.  City  Code,  (1893)  Art.  21,  Sec.  1. 

1.  If  any  person  or  persons  shall,  within  the  city  of  penalty  for 
Baltimore,  by  any  fraud,  cozenage,  deceit,  unlawful  device,  gamtniTnd 
or  evil  practice  whatsoever,  in  playing  at  or  with  cards, 
dice  or  any  other  game  or  games,  play  for,  win,  obtain  or 
acquire  to  him  or  themselves,  or  others,  any  sum  or  sums 
of  money  or  other  valuable  thing,  or  shall,  knowing  of  such 
fraud,  bear  a share  or  part  in  the  wager,  stake  or  adven- 
ture so  played  for,  or  shall,  with  the  like  knowledge,  bet  on 
the  side  or  hand  of  such  gamesters,  every  such  person 
being  convicted  thereof,  shall  for  every  offence  forfeit  and 
pay  twenty  dollars. 


768 


GAMING — ORDINANCES . 


[art.  12. 


Penalty  for 
gaming  in 
licensed 
house,  etc. 


I^iability  of 
keepers  of 
same. 


City  Code,  (1879)  Art.  21,  Sec.  2.  City  Code,  (1893)  Art.  21,  Sec.  2. 

2.  If  any  person  or  persons  shall  at  any  time,  in  any 
ordinary  or  licensed  house  of  entertainment  within  the  city, 
or  in  any  house  attached  thereto,  or  upon  the  lot  or  premi- 
ses whereon  such  licensed  house  is  or  may  be  situate  or 
erected,  win  or  lose  one  cent  or  upwards,  or  the  value 
thereof,  at  cards  or  any  other  game,  every  such  person  or 
persons  on  conviction  thereof,  shall  forfeit  and  pay  one 
hundred  dollars  for  every  offence;  and  if  any  ordinary 
keeper  shall  suffer  or  permit  any  person  or  persons  to  lose 
one  dollar  or  upwards,  or  the  value  thereof,  at  any  time 
in  his  house,  at  any  game  or  games  whatsoever,  knowing 
the  same,  he  shall  forfeit  and  pay  for  every  such  offence 
the  sum  of  one  hundred  dollars. 


City  Code,  (1879)  Art.  21,  Sec.  3.  City  Code,  (1893)  Art.  21,  Sec.  3. 
penajtyjPor  3,  If  any  person  or  persons  shall  within  the  city  set  up, 
fammg^tc  keep  or  maintain  any  E.  0.,  A.  B.  C.,  rooley  pooley  or 
faro  table,  faro  bank  or  device,  or  game  of  hazard  or 
address,  (except  games  licensed  under  the  Article  41  of 
this  Code,  title  ‘ ‘Water  Rents  and  Licenses, ’0  foi*  the  pur- 
pose of  public  gaming,  such  person  or  persons  shall  for 
each  and  every  offense  forfeit  and  pay  fifteen  dollars  on 
conviction  thereof;  and  the  occupier  or  occupiers  of  the 
house,  out-house  or  place  in  which  such  public  gaming 
takes  place,  shall  forfeit  and  pay  twenty  dollars  for  each 
and  every  day  such  game  is  played,  or  such  E.  0.,  A.  B. 
C.,  rooley  pooley  or  faro  bank,  faro  table  or  other  device 
for  the  purposes  aforesaid,  shall  be  set  up,  kept  or  main- 
tained on  his  or  their  table. 

City  Code,  (1879)  Art.  21,  Sec.  4.  City  Code,  (1893)  Art.  21,  Sec.  4. 

^fnfrmSon  police  officers  to  give 

mormaion.  Mayor  or  other  magistrate,  of  each 

house  or  other  place  within  the  city  wherein  such  games 

Note. — As  to  form  of  indictment  and  other  matters  in  relation  to 
prosecutions  for  keeping  gaming  tables,  see^ — State  v.  Price,  12  G.  & J. 
260;  Wheeler  v.  State,  42  Md.  566. 


ART.  12.] 


GAMING — ORDINANCES . 


769 


or  devices  or  tables  for  the  purpose  of  gaming  are,  or  may 
be  set  up,  kept  or  maintained;  and  the  said  police  officers 
shall  take  all  lawful  means  to  suppress  and  prevent  the 
playing  at  the  tables,  games  or  devices  as  aforesaid;  and 
for  this  purpose,  when  and  as  often  as  anyone  of  them 
shall  have  reasonable  cause  to  suspect  that  any  such  table, 
game  or  device  is  set  up,  kept  and  maintained  as  afore- 
said, he  shall  apply  to  a Justice  of  the  Peace  for  a 
warrant,  and  shall  state  under  oath  the  cause  of  such 
suspicion,  whereupon  the  said  justice  may,  in  his  discre- 
tion, grant  a warrant  to  any  police  officer  or  officers,  ^proceeding, 
authorizing  him  or  them  to  enter  such  house,  houses  or 
place  or  any  room  within  the  same;  and  the  said  police 
officer  or  officers  shall  thereupon  have  authority  to  de- 
mand entry  therein;  and  any  person  who  shall  refuse  or 
neglect  to  open  the  door  or  entrance  to  such  house,  houses 
or  place,  or  any  room  within  the  same,  upon  the  applica- 
tion of  any  police  officer  having  such  a warrant,  for  every  penalty, 
offence  shall  forfeit  and  pay  twenty  dollars. 


City  Code,  (1879)  Art.  21,  Sec.  5.  City  Code,  (1893)  Art.  21,  Sec.  5. 

5.  No  person  or  persons  shall  within  the  city  of  Balti- ProWbUing  ^ 
more,  enter,  start  or  run  any  horse,  mare  or  gelding,  for  penalty, 
any  plate,  prize,  sum  of  money  or  thing  of  value;  and  in 
case  any  person  or  persons  shall  enter,  start  or  run 
any  horse,  mare  or  gelding  within  said  city,  for  any  plate, 
prize  or  sum  of  money  or  other  thing  of  value,  each  and 
every  such  person,  and  each  and  every  owner  of  such 
horse,  mare  or  gelding,  knowing  and  consenting  to  the 
same,  shall  severally  forfeit  and  pay  the  sum  of  five  hun- 
dred dollars  for  each  and  every  offence. 


City  Code,  (1879)  Art.  21,  Sec.  6.  City  Code,  (1893)  Art.  21,  Sec.  6. 

6.  It  shall  not  be  lawful  for  any  person  or  persons  to  i^ng  buiiets 
play  at  the  game  commonly  called  long  bullets,  or  by 
whatever  name  the  same  may  be  hereafter  called,  within 
the  limits  of  the  city,  under  a penalty  of  two  dollars  for 
each  and  every  offence. 


770 


HARBOR,  DOCKS  AND  WHARVES — ORDINANCES.  [arT.  13. 


Collection  of 
fines  and 
penalties  im- 
posed under 
this  Article. 


7.  All  fines  incurred  by  the  violation  of  any  of  the 
provisions  of  this  Article,  whether  as  a penalty  or  forfeit- 
ure, shall  be  recovered  as  other  fines  imposed  for  the  vio- 
lation of  city  ordinances  are  recoverable,  and  when  col- 
lected shall  be  paid  to  the  Comptroller. 


ARTICLE  XIII. 

HARBOR,  DOCKS  AND  WHARVES. 

ORDINANCES. 


Harbor  Board. 

Harbor  Engineer. 

1.  Duties;  duties  of  subordinates; 

oath;  bonds. 

Assistant  Harbor  Masters. 

2.  Number  of,  and  compensation. 

Contracts. 

3.  Harbor  Board  to  control  manner 

of  performing  harbor  work 
done  by  contractors;  Board  to 
retain  twenty  per  cent,  of 
contract  price  as  security. 

Anchorages. 

4.  To  mark  anchorages  by  buoys. 

5.  Limits  of  Anchorage  No.  1. 

6.  Anchorage  No.  2. 

7.  Anchorage  No.  3. 

8.  Anchorage  No.  4. 

9.  Regulations  for  use  of  anchor- 

ages; signal  lights;  obstruct- 
ing vessels  to  move;  penalty. 


Bulkheads,  Piers  and  Wharves. 

Bulkhead  and  Pierhead  Lines. 

10.  Limiting  lines  beyond  which 

no  extentions  shall  be  made. 

11.  No  extentions  of  wharves,  etc. 

without  permit;  all  work  to 
be  under  supervision  of 
Harbor  Board  ; penalty  for 
unauthorized  work,  etc.; 
proviso  as  to  city  property, 

12.  Harbor  Master  to  repair  and 

rebuild  public  wharves;  con- 
struct bulkheads  at  termina- 
tion of  streets  leading  to 
harbor;  to  require  private 
wharves  to  be  repaired;  to 
give  notice  to  owners  to  repair; 
when  Board  shall  repair  at 
expense  of  owners;  penalty. 

13.  Sale  of  unclaimed  merchandise 

on  city  wharves;  sale  of 
perishable  articles. 

14.  Fruits,  fish  and  vegetables  to 

be  removed  when  a nuisance. 


ART.  13.]  HARBOR,  DOCKS  AND  WHARVES — ORDINANCES. 


771 


Dockage  and  Wharfage. 

15.  Collection  of,  by  Harbor  Master 

and  assistants;  monthly  re- 
turns by  Assistant  Harbor 
Masters;  accounts;  expenses. 

16.  Dockage  charges;  double  rates 

after  six  days;  Harbor  Master 
may  extend  time. 

17.  Rates  of  wharfage  on  specified 

commodities;  half  rates  for 
goods  re-shipped;  may  require 
goods  removed  on  same  day. 

18.  Tonnage  enrollment  or  license 

of  vessel  to  be  exhibited; 
liability  of  vessels  for  wharf- 
age; master  of  vessel  to  furnish 
bills  of  lading;  no  vessel  to 
leave  until  dockage  charges 
paid;  penalty. 

Obstruction  and  Pollution  of 
Harbor. 

Obstructions. 

19.  Sunken  vessels  to  be  removed 

by  owners ; penalty ; when 
Harbor  Board  shall  remove 
same;  Mayor  to  recover  costs 
of  such  removal  and  fines. 

20.  Board  to  secure  and  remove 

obstructions  to  navigation ; 
penalty  for  setting  obstruc- 
tions adrift. 

Cleaning  Docks. 

21.  Board  to  remove  deposits  in 

docks  and  harbor. 

22.  When  docks  in  condition  of 

nuisance  Commissioner  of 
Health  to  notify  owners; 
owner  or  occupier  to  clean  on 
receipt  of  notice;  penalty  for 
neglect  to  clean  docks;  said 
commissioner  may  have 
work  done  at  expense  of 
owners. 


Pollutiofi  of  Harbor  by  Gas 
Liquors. 

23.  Eiquors  from  gas  works  not  to 

be  discharged  into  harbor, 
etc.;  penalty. 

Pollution  of  Patapsco  River  and 
Tributaries. 

24.  To  prevent  deposits  of  refuse 

in  Patapsco  and  tributaries; 
no  material  to  be  deposited 
without  permit;  compensation 
for  permission;  penalty. 

Swimming  in  Harbor. 

25.  When  swimming  prohibited; 

indecent  exposure;  penalty. 

Vessels. 

Ashes.  * 

26.  Board  to  provide  for  removal 

of  ashes  from  tow-boats. 

Ice  Boats. 

27.  Board  to  control  and  manage 

same;  purposes  for  which  to 
be  used;  charges  for  special 
use;  application  of  sums  so 
received;  to  insure  ice-boats. 

Gang  Planks. 

28.  Passenger  vessels  to  be  pro- 

vided with  gang  planks; 
specifications  for  and  use  of 
same;  penalty. 

Speed  Regulations . 

29.  Speed  of  vessels  in  harbor; 

penalty  for  exceeding  speed. 

Wharf  and  Pier  Regulations. 

30.  Harbor  Master  to  regulate 

vessels  to  facilitate  use  of 
wharves;  to  control  public 
wharves;  penalty  for  violation 
of  regulations. 


772 


HARBOR,  DOCKS  AND  WHARVES— ORDINANCES.  [aRT.  13. 


31.  Restricting  retailing  goods 

from  vessels ; penalty  for 
violations. 

32.  No  vessel  to  lie  at  any  pier  or 

wharf  so  as  to  obstruct  other 
vessels;  penalty  for  master 
of  obstructing  vessel. 

Entering  Docks. 

33.  Vessels  entering  public  docks 

must  have  permission  of 
Harbor  Master;  Harbor 


Master  to  provide  berth; 
penalty  for  disobedience  to 
Harbor  Master. 

Rigging. 

34.  Regulation  of  yards,  jib-booms 

and  anchors  of  vessels  while 
at  public  wharves  or  docks; 
penalty  for  violation. 

Fines  and  Penalties. 

35.  Collection  of  fines;  penalty  for 

obstruction  of  Harbor  Master. 


HARBOR  BOARD. 

Harbor  Engineer, 

City  Code,  (1879)  Art.  22,  Sec.  9.  City  Code,  (1893)  Art.  4,  Sec.  9. 
Ord.  116,  June  13,  1894,  Sec.  4. 

Duties.  1 . Under  direction  of  the  Harbor  Board  the  Harbor 

Engineer  shall  direct  and  supervise  the  work  of  the  sub- 
department and  make  reports  of  same  to  the  Board,  and 
Duties  of  the  subordinates  appointed  by  the  Harbor  Engineer  sub- 
subordinates.^.^^^  to  the  approval  of  the  Harbor  Board  shall  perform 
such  duties  as  may  be  required  of  them  by  the  Harbor 
Oath.  Board;  all  of  them  to  be  sworn  to  a faithful  performance 

of  their  work  and  such  as  should  be  bonded  to  protect  the 
public  interests  to  give  bond  in  such  penal  sum  as  the 
Harbor  Board  may  deem  sufficient. 


Assistant  Harbor  Masters. 

City  Code,  (1879)  Art.  22,  Sec.  19.  City  Code,  (1893)  Art.  22,  Sec.  43. 
Ord.  116,  June  13,  1894,  Sec.  28.  Ord.  27,  March  9,  1896. 

Number  and  2.  The  Comptroller  shall  appoint  such  Assistant  Harbor 
Sensation.  Mastcrs  as  may  be  needed  by  the  Harbor  Master  to  per- 


NoTK. — The  references  to  Art.  22,  City  Code,  (1893)  give  the  section 
numbers  of  said  Article  as  arranged  prior  to  the  passage  of  Ord.  146, 
approved  June  13,  1894,  which  re-ordained  Article  22  of  the  City  Code 
of  1893;  following  the  citations  of  said  ordinance  herein,  will  be  found 
the  particular  section  number  given  in  said  ordinance  to  the  section 
amending  the  corresponding  section  in  the  Code  of  1893. 


ART.  13.] 


ANCHORAGES — ORDINANCES. 


773 


form  the  duties  of  his  office.  The  Comptroller  shall  fix 
the  monthly  compensation  of  the  Assistant  Harbor  Mas- 
ters not  to  exceed  in  the  aggregate  twenty  per  cent,  of 
the  monthly  collections  of  all  the  Assistant  Harbor 
Masters. 


Contracts, 

City  Code,  (1879)  An.  22,  Secs.  4,  5.  City  Code,  (1893)  Art.  22,  Secs.  4, 

5.  Ord.  116,  June  13,  1894,  Secs.  5,  6. 

3.  In  all  contracts  made  by  the  Harbor  Board  in  which  Harbor  Board 
such  a stipulation  shall  be  appropriate,  the  Harbor  Board  ma^S’nel-pV 
shall  reserve  to  itself  the  right  to  control  and  regulate  the  wo'rk'Slfe^ 
manner  of  performing  the  work  or  carrying  out  the  con-  contractors, 
tract,  so  as  to  guard  against  giving  unnecessary  obstruc- 
tion or  interference  to  any  legitimate  business  carried  on  in 
the  harbor ; and  in  the  case  of  all  contracts  made  by  the 
Harbor  Board,  it  shall  retain  twenty  per  centum  of  all  20%  to  be 
monies  due  before  the  completion  of  the  contract  as  a 
security  for  the  contractor’s  compliance  with  all  the  terms 
of  the  contract. 


ANCHORAGES. 

Ord.  61,  May  30,  1879.  City  Code,  (1893)  Art.  22,  Sec.  25.  Ord.  116, 

June  13,  1894,  Sec.  20.  Ord.  142,  May  21,  1901. 

4.  The  Harbor  Board  is  authorized  and  directed  to  Buoys  to  mark 
cause  anchorages  No.  1,  No.  2,  No.  3,  and  No.  4 to  be 
marked  by  buoys  or  otherwise. 


Ord.  61,  May  30,  1879.  City  Code,  (1893)  Art.  22,  Sec. *26.  Ord.  116, 

June  13,  1894,  Sec.  21.  Ord.  142,  May  21,  1901. 

5.  Anchorage  No.  1 shall  be  within  these  lines,  namely.  Anchorage 
south  of  a line  drawn  from  the  west  corner  of  Shaw’s  coal 
pier  to  the  northeast  corner  of  the  pier  at  Beacham  & 
Brothers  ship-yard.  No  vessel  shall  anchor  within  500  feet 
of  any  pier  fronting  this  anchorage. 


774 


HARBOR,  DOCKS  AND  WHARVKS — ORDINANCKS.  [arT.  13. 


Anchorage 
No.  2. 


Distance  of 
vessels. 


Anchorage 
No.  3. 


Anchorage 
No.  4. 


Ord.  49,  April  28,  1888.  City  Code,  (1893)  Art.  22,  Sec.  28.  Ord.  116, 
June  13,  1894,  Sec.  22.  Ord.  142,  May  21,  1901. 

6.  Anchorage  No.  2 shall  be  within  these  lines,  namely: 
a line  drawn  from  the  southern  corner  of  Water's  northern 
wharf  to  the  northern  corner  of  the  coal  pier,  (foot  of 
Ninth  street),  until  it  intersects  a line  drawn  from  the 
easternmost  end  of  Ober's  wharf  to  the  southwestern  corner 
of  the  Canton  Company's  bulkhead  ; thence  northeasterly 
along  land  last  described  here.  No  vessel  shall  anchor 
within  300  feet  of  any  pier  or  bulkhead  fronting  this 
anchorage. 


Ord.  118,  October  20,  1886.  City  Code,  (1893)  Art.  22.  Sec,  30.  Ord. 

116,  June  13,  1894,  Sec.  23.  Ord.  142,  May  21,  1901. 

7.  Anchorage  No.  3 shall  be  within  these  lines,  namely, 
a line  drawn  from  the  southern  corner  of  Water's  northern 
wharf  to  the  northern  corner  of  the  coal  pier,  (foot  of 
Ninth  street),  until  it  intersects  a line  drawn  from  the 
westernmost  end  of  the  Baltimore  Dry  Dock  Company's 
wharf  to  the  southern  corner  of  the  elevator,  (foot  of 
Sixth  street) ; thence  easterly  along  said  last  described  line 
until  it  intersects  a line  five  hundred  feet  west  of  the  new 
pierhead  line  parallel  to  same  ; thence  northerly  along  said 
last  described  line  until  it  intersects  a line  drawn  from  the 
northern  corner  of  the  Baltimore  Copper  Company's  bulk- 
head to  the  easternmost  end  of  Ober's  wharf,  thence 
westerly  along  said  described  line  until  it  intersects  the 
first  described  line. 


Ord.  70,  May  17,  1881.  City  Code,  (1893)  Art.  22,  Sec.  32.  Ord.  116, 
June  13,  1894,  Sec.  24. 

8.  Anchorage  No.  4 shall  be  within  the  following 
described  lines,  viz.,  southeast  from  Fort  McHenry  and 
southwest  of  a line  drawn  parallel  to  the  ship  channels  and 
three  hundred  feet  distant  therefrom. 


ART.  13.]  bulkheads,  PIERS  AND  WHARVES — ORDINANCES.  775 

Ord.  61,  May  30,  1879.  City  Code,  (1893)  Art.  22,  Secs.  27,  29,  31. 

Ord.  116,  June  13,  1894,  Sec.  25.  Ord.  142,  May  21,  1901. 

Ord.  53,  May  7,  1902. 

9.  The  anchorage  shall  be  used  only  as  permitted  by  RguiaUons 
the  Harbor  Board,  which  may  prescribe  the  time  vessels  anchorages, 
may  occupy  the  anchorage  and  the  terms  and  conditions 

upon  which  they  may  load  and  discharge  cargoes  therein. 

All  vessels  anchoring  in  the  harbor  shall  anchor  so  as  to 
keep  within  one  of  said  anchorages,  and  be  subject  to  all 
rules  and  regulations  which  the  Harbor  Board  may  enforce. 

All  vessels  when  at  anchor  between  sunset  and  sunrise  signal  lights, 
shall  show  a white  light  where  it  can  be  seen  best  at  a 
height  about  twenty  feet  above  the  hull ; any  vessel 
anchored  so  as  to  obstruct  the  free  passage  of  any  other 
vessel  to  or  from  any  wharf  or  dock,  shall  remove  to  such  vessels 
place  as  the  Harbor  Board  may  direct  upon  a half  hour’s  to  remove.  ’ 
notice  and  if  no  person  be  on  such  vessel  upon  whom  said 
notice  can  be  served,  then  the  Harbor  Board  must  have 
such  vessel  removed  and  the  expense  for  the  same  shall  be 
paid  to  the  Harbor  Board  by  the  master  of  such  vessel. 

The  master  of  any  vessel  violating  this  section,  shall  pay  a 
penalty  of  twenty  dollars  ($20)  and  a further  penalty  of  penalties, 
five  dollars  ($5)  for  every  hour  the  offence  continues. 

BULKHEADS,  PIERS  AND  WHARVES, 

Bulkhead  and  Pierhead  Lines, 

Ord.  83,  May  17,  1881.  Ord.  109,  July  6,  1886.  City  Code,  (1893)  Art.  22, 

Sec.  17.  Ord.  116,  June  13,  1894. 

10.  The  Pierhead  Line  of  1900,  established  for  the  Act  of  secre- 
Patapsco  river  by  Act  of  the  Secretary  of  War,  and  the  lines  Sd  o/di^-^ 
inside  the  pierhead  line  in  portions  of  the  harbor  shown  on  fn^thS^^. 
plats  numbered  from  one  to  five  signed  by  the  Mayor  and 

the  Harbor  Board  under  Ordinance  116  of  1894,  are  hereby 
declared  to  be  the  limiting  lines  beyond  which  no  extension 
shall  be  made. 

Classen  v.  Chesapeake  Co.,  81  Md.  258. 


Note.— Res.  288,  October  8,  1894,  relating  to  use  of  public  wharf 
at  foot  of  Charles  street  by  U.  S.  Naval  Reserve  Militia  of  Maryland. 


776  HARBOR,  DOCKS  AND  WHARVES — ORDINANCES.  [arT.  13. 

City  Code,  (1879)  Art.  22,  Sec.  97.  City  Code,  (1893)  Art.  22,  Sec.  15. 

Ord.  116,  June  13,  1894,  Sec.  18. 

No  extensions  11.  No  extension  of  wharves,  piers,  bulkheads  or 

of  wharves, 

etc-^wkhout  piling  shall  be  made  without  permission  from  the  Mayor 
and  City  Council  of  Baltimore,  or  from  the  Harbor  Board 
when  the  City  Council  is  not  in  session,  and  the  provisions 
of  section  463  of  the  City  Charter  declaring  that  no  person 
shall  extend  any  wharf  without  laying  before  the  Harbor 
Board  a plan  of  said  wharf  and  obtaining  the  consent  of  the 
Harbor  Board  shall  likewise  be  applicable  to  piers,  bulk- 
heads or  piling  ; and  all  work  permitted  under  this  section 
shall  be  done  to  the  satisfaction  and  under  the  supervision 
of  the  Harbor  Board  ; any  violation  of  this  section  shall 
subject  the  offender  to  a fine  not  exceeding  one  hundred 
Penalty.  and  fifty  dollars  ($150)  and  ten  dollars  ($10)  for  every  day 
the  offence  continues ; provided,  however,  the  provisions 
of  this  section  shall  not  apply  to  city  property  in  so  far  as 
relates  to  construction  of  bulkheads  and  piers  fronting  on 
the  harbor. 

Williams  v.  Baker,  41  Md.  528.  Balto.  & O.  R.  R.  Co.  v.  Chase,  43 
Md.  23.  Horner  v.  Pleasants,  66  Md.  475.  Classen  v.  Chesapeake  Co., 
81  Md.  258. 


City  Code,  (1879)  Art.  22,  Sec.  14.  City  Code,  (1893)  Art.  22,  Sec.  18. 

Ord.  116,  June  13,  1894,  Sec.  19. 

. , 12.  It  shall  be  the  duty  of  the  Harbor  Board  to  cause 

To  repair  and 

rebuild  pub-  all  public  wharves  to  be  rebuilt  and  repaired  when  in  its 

lie  wharves.  ^ i i *i 

opinion  the  same  may  be  necessary ; to  cause  to  be  built 
solid  and  substantial  bulkheads,  of  durable  materials,  at 
the  end  or  termination  of  all  streets,  lanes  and  alleys 
leading  to  or  binding  on  the  harbor,  when  the  same  may 
be  proper  and  necessary ; and  to  require  all  private 
wharves,  that  are  decayed  or  defective,  or  from  any  other 
To  requeue  cause  likely  to  be  injurious  to  navigation  or  to  health,  to  be 
wharves  to  be  j.0i)uiit  or  repaired  within  a reasonable  time,  to  be  pre- 
repaired.  scHbed  in  a written  notice,  (not  less  than  thirty  days),  to 
to  be  served  on  the  agent,  owner,  or  occupier  of  such 
Notice.  wharf,  and  the  owners  of  lots  binding  on  or  running  to  the 
harbor,  shall  cause  the  same  to  be  secured  in  such  manner 


ART.  13.]  DOCKS  AND  WHARFAGE — ORDINANCES. 


777 


as  the  Harbor  Board  may  think  proper,  so  that  no  injury 
can  result  therefrom  to  navigation  or  to  health,  and  if  the 
owner  is  a minor,  or  cannot  be  found,  it  shall  be  the  duty 
of  the  Harbor  Board  to  have  the  wharf  or  lot  secured  at 
the  expense  of  the  owner,  to  be  recovered  by  the  Mayor 
and  City  Council  of  Baltimore  in  due  course  of  law  ; any 
person  who  fails  to  comply  with  the  requirements  of  this 
section  shall  pay  a fine  of  ten  dollars  for  every  day  of  non-  penalty, 
compliance. 


City  Code.  (1879)  Art.  22,  Sec.  79.  City  Code,  (1893)  Art.  22,  Sec.  107. 

Ord.  116,  June  13,  1894,  Sec.  37. 

13.  Whenever  the  owner  or  agent  of  any  merchandise 
on  any  city  wharf  cannot  be  ascertained  by  the  Harbor  Merchandise 
Master  after  the  same  has  been  thereon  forty-eight  hours,  unclaimed, 
the  Harbor  Master  may  remove  the  same  to  some  con- 
venient and  safe  place,  and  sell  the  same,  upon  giving  at 
least  thirty  days’  notice  ; but  perishable  articles  may  be  able  articles 
sold  at  the  discretion  of  the  Harbor  Master,  and  any 
owner  or  agent  of  said  merchandise  who  shall  claim  the 
same  before  the  sale  thereof,  may  take  the  same  upon 
paying  the  wharfage  and  all  other  expenses. 


City  Code,  (ia79)  Art.  22,  Sec.  81.  City  Code,  (1893)  Art.  22,  Sec.  109. 

Ord.  116,  June  13,  1894,  Sec.  38. 

14.  The  Harbor  Master  is  hereby  authorized  and 
directed  to  cause  all  watermelons  and  other  fruits,  fish.  Fruits:  ssh  and 
vegetables  and  refuse  to  be  removed  from  the  public  b?removld° 
wharves  whenever  they  shall  become  a nuisance,  and  the  niAsSnce. 
owner  of  any  such  watermelons,  or  other  fruit,  fish  or 
vegetables,  shall  pay  a penalty  of  ten  dollars  for  every  day 

the  same  shall  remain  after  notice  to  remove  the  same  has 
been  given  to  the  owner  by  the  Harbor  Master. 

Dockage  and  Wharfage. 

City  Code,  (1879)  Art.  22,  Secs.  31,  34.  City  Code,  (1893)  Art.  22, 

Secs.  55,  58.  Ord.  116,  June  13,  1894,  Secs.  29,  30. 

15.  It  shall  be  the  duty  of  the  Harbor  Master  to  have 
daily  collections  made  of  all  amounts  due  for  dockage  and 


778 


HARBOR,  DOCKS  AND  WHARVES — ORDINANCES.  [arT.  13.  ' 


^borMLter"^*  wharfage,  and  whenever  any  amount  is  due  two  days  and 
tSts'tn^'re-  socurod  to  the  satisfaction  of  the  Harbor 

lation  thereto  Master,  he  shall  enforce  the  payment  thereof  in  the  same 
manner  as  other  city  dues  are  collected.  It  shall  be  the 
duty  of  the  Assistant  Harbor  Masters  to  make  monthly 
returns  on  oath  and  to  pay  all  money  collected  by  them  to 
the  City  Register  through  the  Harbor  Master,  specifying 
the  source  from  which  collections  were  made  for  dockage 
and  wharfage.  The  City  Register  shall  furnish  to  the 
Accounts.  Harbor  Master  and  Assistants  the  necessary  books  in  which 

to  keep  their  accounts,  which  shall  be  returned  to  the  City 
Register  when  filled  or  a change  of  officers  takes  place. 
Expenses.  and  all  expenses  on  account  of  the  Harbor  Master  and 
Assistants  shall  be  paid  from  the  money  collected  by  them. 


City  Code,  (1879)  Art.  22,  Sec.  57.  City  Code,  (1893)  Art.  22,  Sec.  85. 

Ord.  116,  June  13,  1894,  Sec.  31. 

Rates  per  diem  16.  All  vessels,  including  barges  and  scows,  lying  at 
for  dockage.  wharf  or  dock,  shall  pay  dockage  according  to 

the  following  rates  per  diem,  or  for  any  less  time,  namely: 
under  eight  tons,  fifty  cents  ; from  eight  to  fifty  tons,  one 
dollar ; from  fifty  to  one  hundred  and  fifty  tons,  one 
dollar  and  fifty  cents  ; all  over  one  hundred  and  fifty  tons, 
one  cent  per  ton  and  all  vessels  outside  of  first  tier  shall 
pay  one-half  of  these  rates ; any  vessel  occupying  the 
first  and  second  tiers  shall  pay  double  the  above  rates  for 
every  day  above  six,  and  treble  for  every  day  above  twelve 
that  it  shall  remain  at  any  wharf  or  dock  aforesaid,  unless 
Harbor  Master  allowed  to  remain  longer  by  the  Harbor  Master,  who  is 
t?me,^?ther^  hereby  authorized  to  extend  the  time  for  said  vessels  in  all 
win be^^^  cases  when  he  may  think  the  public  interest  is  promoted 

increased  as 

provided,  thereby. 


Rates  of 
wharfage. 


City  Code,  (1879)  Art.  22,  Secs.  59,  66.  City  Code,  (1893)  Art.  22, 
Secs.  87,  94.  Ord.  116,  June  13,  1894,  Secs.  34,  35. 

17.  All  goods,  wares,  merchandise  or  other  articles 
landed  at  or  upon  and  shipped  from  any  public  wharf  shall 
pay  the  following  rates  of  wharfage  per  calendar  day  or 
fraction  thereof,  or  for  any  less  time  the  same  shall  remain 


ART.  13.]  DOCKAGE  AND  WHARFAGE— ORDINANCES. 


779 


thereon : bags  of  coffee,  ginger,  pepper  or  any  other 
articles  in  similar  bags,  each  one  cent ; bales  of  commodities, 
merchandise,  cotton,  dry  goods,  etc.,  each  four  cents; 
barrels  of  flour  or  product,  each  one  cent ; larger  barrels, 
each  two  cents  ; boxes  of  sugar,  dry  goods  and  foreign 
drugs,  gums,  etc. , each  three  cents ; boxes  of  raisins, 
soap,  candles,  etc. , each  one-half  cent ; castings  of  all 
kinds,  per  ton,  fifteen  cents ; carriages,  wagons  or  carts, 
each  twelve  and  one-half  cents  ; coal  per  ton  of  twenty- 
eight  bushels,  plaster,  etc. , five  cents ; crates  of  ware  or 
hampers  of  bottles,  etc. , each  four  cents  ; dye  woods  of  all 
kinds,  per  ton,  fifteen  cents ; grain,  per  bushel,  and  all 
other  articles  sold  by  the  bushel,  not  exceeding  one-half 
cent ; hides  and  leather,  per  hundred  sides,  thirty 
cents  ; hogsheads  and  pipes  of  every  description,  containing 
merchandise  or  otherwise,  each,  six  and  one-quarter  cents; 
iron  or  steel,  per  ton,  ten  cents ; kegs  of  nails,  shot, 
raisins,  butter,  lard  etc. , each,  one  cent ; tierces  of  every 
description,  containing  merchandise  or  otherwise,  each, 
four  cents;  bananas,  one-half  cent  per  bunch;  pineapples, 
fifteen  cents  per  thousand ; watermelons,  ten  cents  per 
hundred  ; all  other  goods  not  enumerated  in  the  above 
list,  to  pay  in  proportion.  On  all  lumber  landed  upon  any 
city  wharf,  fifteen  cents  per  thousand  feet ; shingles,  five 
cents  per  thousand  ; laths,  three  cents  per  thousand  ; and 
for  every  ten  days,  or  part  thereof,  a similar  charge  may 
be  collected.  All  goods  shipped  from  one  vessel  to  another  naif  rates  for 
shall  pay  one-half  of  the  above  rates,  to  be  paid  by  the  f^p^ped.' 
vessel  shipping,  the  goods.  The  Harbor  Master  may 
require  anything  landed  on  any  public  wharf  to  be  removed 
on  the  same  day,  or  subject  the  same  to  a daily  penalty  of 
fifteen  cents  for  each  foot  occupied  of  the  length  of  the 
wharf. 


Orel.  116,  June  13,  1894,  Sec.  32.  Orel.  87,  October  20,  1897. 

18.  The  master  of  any  vessel  subject  to  the  payment  Tonnage 
of  dockage  shall  exhibit  to  the  Harbor  Master  upon  orSsefo 
request,  the  enrollment  or  license  of  said  vessel  to  show  exhibited, 
the  proper  tonnage  thereof ; any  vessel  landing  or 


780 


HARBOR,  DOCKS  AND  WHARVES — ORDINANCES.  [arT.  13. 


receiving  cargo  at  a city  wharf  shall  be  responsible  for  the 
^ toVi  wharfage  on  the  same,  and  the  master  of  such  vessel  shall 
furnished,  fumish  the  Harbor  Master,  upon  request,  with  the  mani- 
Dockage  lading  of  cargo,  and  no  vessel  shall  leave 

charges  to  be  the  wharf  until  all  charges  are  paid  for  dockage  and 
wharfage ; the  master  of  any  vessel  who  violates  this 
Penalty.  section  shall  pay  a penalty  of  twenty  dollars. 


OBSTRUCTION  AND  POLLUTION  OF  HARBOR. 

Obstructions. 

City  Code,  (1879)  Art.  22,  Sec.  12.  City  Code,  (1893)  Art.  22,  Sec.  12. 
Ord.  116,  June  13,  1894,  Sec.  10. 

®“to  be  removed  Harbor  Board  shall  cause  to  be  removed,  in 

by  owners.  time  as  it  may  deem  reasonable,  all  vessels  which 

may  be  sunk  in  the  harbor  or  port  of  Baltimore;  and  the 
owner  or  owners  of  such  sunken  vessel  who  refuse  or  neglect 
to  remove  the  same  when  directed  to  do  so  by  the  Harbor 
Penalty.  Board  shall  pay  a fine  of  ten  dollars  per  day  for  every  day 
the  said  vessel  shall  remain  after  due  notice  as  aforesaid, 
and  in  case  the  owner  or  agent  of  such  sunken  vessel  can- 
when^Harbor  not  bc  found  then  the  Harbor  Board  shall  proceed  to  remove 
remove  same.  said  vessel,  and  as  soon  as  the  owners  or  agent  of  such 
sunken  vessel  so  removed  shall  be  found,  the  Mayor  shall 
Ma  or  to  re  rocovor  by  law  the  amount  expended  for  the  re- 

cover costs  moval  of  said  vessel,  and  also  such  fine  as  may  be  recovered 

and  fines.  , , , . 

under  this  section. 


City  Code,  (1879)  Art.  22,  Secs.  87,  88,  89.  City  Code,  (1893)  Art.  22, 
Secs.  80,  81,  82.  Ord.  116,  June  13,  1894,  Sec.  13. 

20.  The  Harbor  Board  shall  have  secured  all  obstructions 
to  navigation  that  may  be  found  drifting  about  or  otherwise 
Relating  to  obstructiug  navigation,  and  shall  notify  the  owner  or  agent 
to5l7igatioL  of  the  same  that  the  said  obstruction  has  been  so  secured 
and  held  at  the  expense  of  the  owner;  and  if  not  claimed  with- 
in ten  days  the  Harbor  Board  shall  sell  the  same,  and  any 
balance  after  the  expense  of  securing  has  been  paid  shall 
be  held  by  the  City  Register  to  be  paid  to  the  owner,  if 


ART.  13.] 


Cleaning  docks — ordinances. 


781 


claimed  within  twelve  months.  Any  person  who  shall  cast 
loose,  set  adrift  or  place  any  object  likely  to  become  an  ob- 
struction to  navigation  shall  pay  a fine  not  exceeding  fifty  penalty, 
dollars. 


Cleaning  Docks. 

City  Code,  (1879)  Art.  22,  Sec.  18.  City  Code,  (1893)  Art.  22,  Sec.  22. 
Ord.  116,  June  13,  1894,  Sec.  7. 

21.  The  Harbor  Board  shall  remove  all  deposits  ^ 
the  harbor  and  docks  into  which  said  deposits  empty,  when- 
ever the  Harbor  Board  may  deem  it  right  and  proper  to  do 
so,  without  serious  interference  with  the  main  work  of 
harbor  improvement. 


City  Code,  (]879)  Art.  23,  Sec.  18.  City  Code,  (1893)  Art.  23,  Sec.  34. 

22.  Whenever  the  Commissioner  of  Health  shall  be  of 
opinion  that  the  navigation  at  any  of  the  wharves  or  docks, 
from  not  being  sufficiently  deepened  and  cleaned,  is  in  such 
a condition  that  a nuisance  may  be  created  thereby,  he  shall 
cause  a notice  to  be  served  upon  the  occupier  or  occupiers, 
agent  or  agents,  owner  or  owners  of  any  wharf  or  wharves, 
dock  or  docks,  to  deepen  or  clean  the  navigation  at  any 
wharf  or  dock  in  such  manner  as  may  be  prescribed  in  such 
notice;  and  if  such  owner  or  owners,  occupier  or  occupiers, 
agent  or  agents  shall  neglect  or  refuse  to  deepen  or  clean 
the  same,  each  person  so  offending  shall  forfeit  and  pay  ten 
dollars,  and  the  further  sum  of  five  dollars  for  each  and 
every  day  he,  she  or  they  shall  so  neglect  or  refuse,  and 
shall  moreover  pay  the  expense  incurred  in  case  the  navi- 
gation of  such  wharf  or  dock  shall  be  deepened  and  cleaned 
under  the  authority  and  direction  of  said  commissioner, 
which  he  is  hereby  authorized  to  cause  to  be  done  on  such 
neglect  or  refusal,  within  five  days,  under  the  superinten- 
dence of  the  Harbor  Board. 


782 


HARBOR,  DOCKS  AND  WHARVKS  — ORDINANCES.  [aRT.  13. 


Pollution  of  Harbor  by  Gas  Liquors, 

City  Code,  (1879)  Art.  22,  Sec.  54.  City  Code,  (1893)  Art.  22,  Sec.  78. 
Ord.  116,  June  13,  1894,  Sec.  9. 

iviquo^jrom  23.  If  any  gas  company,  or  any  other  company  or  per- 
?hLge?in  shall  discharge  or  cause  any  water  to  flow  into  Jones’ 

harbor,  etc.  Falls,  Harford  run,  Chatsworth  run,  Schroeder’s  run,  or 
any  portion  of  the  harbor  or  Spring  Gardens,  or  any  of  the 
streams  or  sewers  running  thereinto  in  which  water  there 
may  be  any  gas-tar  or  other  lees  or  dregs,  the  company  or 
person  so  offending  shall  pay  a fine  of  twenty  dollars  for 
Penalty.  such  offonco,  and  a further  fine  of  twenty  dollars  for 
every  day  the  offence  continues. 

Pollution  of  Patapsco  River  and  Tributaries. 

Ord.  116,  June  13,  1894,  Sec.  8.  Ord.  73,  May  17,  1895. 

Regulating  24.  No  material,  refuse,  or  matter  of  any  kind  shall  be 

deposit  of  . / ^ 

refuse  in  thrown  into,  deposited  in  or  placed  where  the  same  may 

Patapsco,  etc.  ^ ^ i -X  • • 

fall  or  be  washed  into  the  Patapsco  river,  or  any  of  its 
tributaries,  without  written  permission  from  the  Harbor 
Board,  and  the  Harbor  Board  is  authorized  to  employ  super- 
visors to  see  that  any  material  permitted  to  be  deposited 
is  placed  where  directed  by  the  Harbor  Board  ; and  the 
person  applying  for  or  receiving  said  permission  shall  pay 
Compensation  for  the  services  of  said  supervisors  such  rates  as  the  Har- 

for  permis-  ,-r-.n  i . 

Sion.  bor  Board  may  deem  reasonable  and  just.  Any  person 

violating  this  section  shall  pay  a fine  of  not  less  than  five  nor 
, more  than  fifty  dollars,  and  the  Harbor  Board  is  specially 
charged  with  the  execution  of  the  provisions  of  this  section. 

Swimming  in  Harbor. 

City  Code,  (1879)  Art.  22,  Sec.  96.  City  Code,  (1893)  Art.  22,  Sec.  84. 
Ord.  116,  June  13,  1894,  Sec.  14. 

Relating  to  25.  It  shall  not  be  lawful  for  any  person  to  swim  or 

swimming  or  . . 

bathing  in  ^ bathe  at  any  time  between  the  hours  ot  seven  in  the  morn- 
or  Patapsco.  jng  and  eight  in  the  evening  in  any  part  of  Jones’  Falls  or 
of  the  Patapsco  river  within  the  limits  of  the  city  so  as  to 
make  an  indecent  exposure  under  a fine  of  not  less  than 
one  dollar  nor  more  than  five  dollars. 


Penalty. 


ART.  13.]  VESSELS — ICE  BOAT — GANG  PLANK — ORDINANCES. 


783 


VESSELS. 

Ashes. 

Ord.  32,  April  17,  1891.  Ord.  116,  June  13,  1894,  Sec.  11. 

26.  The  Harbor  Board  is  authorized  and  directed  to  Removai^of^ 
provide  a suitable  barge  or  scow,  and  under  such  regula-  tow-boats, 
tions  as  the  Harbor  Board  may  find  necessary,  to  receive 
on  the  same  the  ashes  from  the  tow-boats  in  use  in  the 
harbor  ; the  said  ashes  to  be  deposited  where  they  will  not 
be  injurious  to  navigation  or  health. 


Ice  Boats. 

Ord.  116,  June  13,  1894,  Sec.  12. 

27.  Subject  to  the  provisions  of  sections  480  to  485,  to  control  and 
inclusive,  of  the  City  Charter,  and  such  ordinances  as  may 
be  ordained  by  the  Mayor  and  City  Council  of  Baltimore, 
the  Harbor  Board  shall  control  and  manage  the  ice  boats 
and  shall  have  no  power  to  permit  the  use  of  said  boats 
for  any  other  purpose  than  to  aid  the  commerce  and  navi- 
gation of  the  port  and  to  keep  the  harbor  and  the  approaches 
thereto  free  from  obstruction  by  ice,  in  such  manner  as 
the  Harbor  Board  may  deem  best ; and  in  all  cases  of  charges  for 

.,  f ^ • special  uses. 

special  use  of  the  boats,  in  any  way  of  relief  or  otherwise, 
the  Harbor  Board  may  make  such  charges  for  said  use  as 
it  may  deem  reasonable  and  just,  and  apply  the  sum 
received  for  the  same  towards  the  expenses  of  the  boats  ; 
and  the  Harbor  Board  is  authorized  to  have  the  ice  boats 
insured  for  amounts  not  exceeding  eighty  per  cent,  of 
their  values. 


Gang  Planks. 

City  Code,  (1879)  Art.  22,  Secs.  85,  86.  City  Code,  (1893)  Art.  22,  Secs. 

112,  113.  Ord.  116,  June  13,  1894,  Sec.  16. 

28.  All  vessels  (except  tugs)  carrying  passengers  shall  Relating  to 
be  provided  with  a gang-plank  at  least  four  feet  wide,  with  ^^"^r-pianks. 
a hand-rail  on  each  side  thereof  four  feet  high,  the  space 
between  the  hand-rail  and  the  gang-plank  to  be  so  enclosed 


784 


HARBOR,  DOCKS  AND  WHARVKS— ORDINANCES.  [arT.  13. 


Speed  of  ves- 
sels in  harbor. 


Bimits. 


Regulation  of 
vessels  to 
facilitate  use 
-of  wharves. 


Obstruction  of 
wharves. 


Penalty. 


as  to  prevent  any  person  passing  over  said  gang-plank 
from  falling  overboard ; said  gang-plank  to  be  used  by 
said  vessel  at  all  times  upon  making ‘fast  to  any  wharf  or 
pier  in  the  city  of  Baltimore  for  the  purpose  of  embarking 
or  debarking  passengers  ; the  master  of  any  vessel  violat- 
ing this  section  shall  pay  a fine  of  fifty  dollars. 

Speed  Regulations. 

City  Code,  (1879)  Art.  22,  Sec.  91.  City  Code,  (1893)  Art.  22,  Sec.  79. 

Ord.  116,  June  13,  1894,  Sec.  15.  Ord.  24,  May  27,  1897. 

29.  No  vessel  shall  move  in  the  harbor  at  a greater  rate 

of  speed  than  the  time  hereby  fixed  to  pass  between  the 
following  points  : From  a point  on  a line  from  Patterson 

street  wharf  to  the  west  end  of  Reeder’s  wharf  to  a point 
on  a line  from  Henderson’s  wharf  to  the  foot  of  Hull  street, 
nine  (9)  minutes  ; thence  to  a point  off  Foley’s  wharf, 
eight  (8)  minutes  ; the  master  of  any  vessel  violating  this 
section  shall  pay  a fine  of  twenty  dollars  ($20) . 

Wharf  and  Pier  Regulations. 

City  Code,  (1879)  Art.  22,  Sec.  32.  City  Code,  (1893)  Art.  22,  Sec.  56. 

Ord.  116,  June  13,  1894,  Sec.  33. 

30.  The  Harbor  Master  is  authorized  so  to  regulate  the 
manner  in  which  all  vessels  shall  lie  at  any  of  the  public 
wharves  that  the  facilities  for  discharging  and  receiving 
cargoes  may  be  afforded  as  generally  as  possible,  and  the 
public  interests  most  promoted  ; nothing  shall  be  landed  or 
allowed  to  remain  on  any  of  said  wharves  without  permis- 
sion from  the  Harbor  Master,  and  everything  shall  be 
placed  on  said  wharves  where  directed  by  him,  and  any 
person  who  refuses  to  obey  the  Harbor  Master  in  carrying 
out  this  section  shall  pay  a penalty  of  twenty  dollars. 


City  Code,  (1879)  Art.  22,  Sec.  41.  Ord.  63,  April  1,  1880.  City  Code, 
(1893)  Art.  22,  Sec.  65.  Ord.  116,  June  13,  1894,  Sec.  36. 

31.  No  vessel  shall  remain  at  any  of  the  public 
wharves  for  the  purpose  of  retailing  any  goods,  wares  or 
merchandise,  more  than  three  whole  days;  and  no  vessel 


ART.  13.] 


ENTERING  DOCKS— ORDINANCES. 


785 


shall  lie  at  any  of  the  city  wharves  for  the  purpose  of 
retailing-  dry  goods,  wares,  merchandise  or  produce,  privileges, 
except  the  same  has  been  brought  into  port  by  said  vessel, 
nor  shall  any  vehicle  or  booth,  or  structure  of  any  kind, 
stand  on  any  city  wharf  for  the  purpose  of  retailing  fruit 
or  other  articles  therefrom.  The  master  of  a vessel  or 
any  other  person,  violating  this  section,  shall  pay  a 
penalty  of  twenty  dollars,  and  a further  penalty  of  five  penalty, 
dollars  for  every  hour  the  offence  continues. 


City  Code,  (1879)  Art.  22,  Sec.  28.  City  Code,  (1893)  Art.  22,  Sec.  52. 

Ord.  116,  June  13,  1894,  Sec.  39. 

1 1 n T 1 r*  • 1*  • No  vessel  shall 

32.  No  vessel  shall  he  at  any  wharf  or  pier,  or  adjoin-  He  at  any 

. . , 1 wharf  or 

mg  the  same,  in  such  manner  as  to  obstruct  or  prevent  pier  as  an 
the  free  passage  of  other  vessels  to  and  from  other  ^oo^^r 
wharves  or  piers.  “The  master  of  any  vessel  refusing  to 
comply  with  the  provisions  of  this  section  shall,  after  one 
hour  from  the  time  notice  to  move  his  vessel  shall  have 
been  served,  be  subject  to  a fine  of  not  more  than  twenty 
dollars  for  every  hour  thereafter  that  the  said  obstruction 
continues.”* 


Entering  Docks. 

City  Code,  (1879)  Art.  22,  Sec.  38.  City  Code,  (1893)  Art.  22,  Sec.  61. 

Ord.  146,  June  16,  1894,  Sec.  40. 

33.  No  vessel  shall  enter  any  of  the  public  docks  of 
the  city  without  first  obtaining  permission  from  the  Har- 
bor Master,  whose  duty  it  shall  be  to  provide  a suitable 
berth  for  such  vessel,  and  to  keep  a free  passage  in  such 
docks  for  vessels  moving  in  and  out  of  the  same.  The 
master  of  any  vessel  violating  this  section  by  entering  any  ^ocks 
of  said  docks,  or  who  refuses  to  obey  the  Harbor  Master  required, 
in  carrying  out  this  section  shall  pay  a penalty  of  five  dol- 
lars for  refusal  and  five  dollars  for  each  hour  the  obstruc- 
tion continues. 


*Note. — See,  section  468,  City  Charter,  ante,re\aX\x\g  to  obstruction  of 
docks  by  vessels. 


786 


HARBOR,  DOCKS  AND  WHARVES — ORDINANCES.  [aRT.  14. 


Rigging, 

City  Code,  (1879)  Art.  22,  Sec.  33.  City  Code,  (1893)  Art.  22,  Sec.  57. 

Ord.  116,  June  13,  1894,  Sec.  42. 

Yards,  jib-  34.  It  shall  be  the  duty  of  the  person  having  in  charge 
aSXorlSf  any  vessel  lying  at  any  of  the  public  wharves  or  docks  tO' 
TnharbOT.  ^ ^ top  the  yards,  rig  in  the  jib-booms,  and  place  the  anchor 
or  anchors  on  the  deck  of  said  vessel,  whenever  required 
so  to  do  by  the  Harbor  Master,  or  the  occupier  of  any 
wharf  or  his  agent;  and  any  person  having  charge  of  any 
Penalty,  vossol,  who  shall  nogloct  or  refuse  to  obey  directions  as 
aforesaid,  shall  pay  a penalty  of  five  dollars. 

Fines  and  Penalties. 

Ord.  116,  June  16,  1894,  Sec.  43. 

Collection  of.  35^  All  finos  incurrod  by  the  violation  of  any  of  the 
provisions  of  this  Article  enforceable  thereunder  by  the 
Harbor  Master  shall  be  recovered  by  the  Harbor  Master 
as  other  fines  are  recoverable;  and  any  person  who 
Obstruction  of  shall  obstruct  him  in  the  performance  of  his  lawful 
MSstS  duties  shall  pay  a fine  of  twenty  dollars,  to  be  recovered 
as  aforesaid;  and  all  other  fines  imposed  by  the  provisions 
of  this  Article,  for  the  recovery  of  which  no  provision  has 
been  made  herein,  shall  be  recovered  as  other  fines  imposed 
by  ordinance  are  recoverable;  all  of  said  fines  when 
collected  to  be  paid  to  the  Comptroller. 


ART.  14.  J 


HKARTH — ORDINANCES . 


787 


ARTICLE  XIV. 

HEALTH. 

ORDINANCES. 


Commissioner  of  Health. 

Duties. 

1.  To  give  advice  with  view  to 

preservation  of  public  health; 
to  adopt  proper  measures  in 
regard  to  contagious  diseases; 
to  report  to  Mayor. 

2.  Penalty  for  interfering  with 

Commissioner  of  Health  or 
his  subordinates. 

Medical  Examiner. 

3.  Medical  Examiner  and  Assistant 

to  make  po^t-mortem  and 
other  examinations ; when 
Medical  Examiner  absent  his 
duties  to  be  performed  by  his 
assistant. 

Assistant  Commissioner  of  Health. 
A.  His  duties;  to  keep  record  of  all 
reports;  in  absence  of  Com- 
missioner of  Health,  Assistant 
to  act  in  his  stead. 

5.  Further  duties  of  Quarantine 

Hospital  Physician. 

Badges. 

6.  Officers  and  employes  of  sub- 

department to  wear  a badge. 

7.  Design  of  badge. 

8.  Penalty  for  unauthorized  use  of 

badge. 


9.  Duties  of  vaccine  physicians  at 

police  stations ; to  attend 
officers  wounded  in  discharge 
of  duty. 

Contagious  and  Infectious 
Diseases. 

10.  What  diseases  to  be  treated  in 

Municipal  Hospital  for  In- 
fectious Diseases. 

11.  Physicians  to  report  infectious 

diseases  to  Commissioner  of 
Health  within  twenty-four 
hours. 

12.  Such  diseases  to  be  also 

reported  by  hotel  and  house- 
keepers; what  report  shall 
show;  penalty  for  failure  to 
report. 

13.  Institutions  also  to  report. 

14.  Masters  of  vessels  to  report. 

15.  Bringing  in  articles  from 

infected  places  prohibited, 
except  by  permis.sion  of  Com- 
missioner of  Health;  infected 
articles  to  be  cleansed;  not  to 
be  sold  or  exchanged  without 
permit. 

16.  Persons  sick  of  such  diseases 

not  to  be  removed  without 
permit;  exposure  to  contagion 
prohibited. 

17.  Burial  of  bodies  of  persons 

dying  with  such  diseases. 


788 


HEAIvTH — ORDINANCES . 


[art.  14. 


18.  Protection  of  occupants  of 

houses  in  which  infectious 
diseases  develop ; cleansing 
such  houses. 

19.  Commissioner  may  fence  in 

and  guard  infected  localities; 
may  furnish  subsistence  and 
clothing  made  necessary 
thereby. 

20.  Emergency  powers  of  Com- 

missioner of  Health  in  hand- 
ling dangerous  diseases. 

21.  Authority  of  Commissioner  in 

preventing  spread  of  infectious 
diseases ; penalty  for  inter- 
ference therewith. 

22.  Seizure  of  infected  articles. 

23.  Vaccination  of  infants ; re- 

vaccination every  five  years. 

24.  Vaccination  of  adults;  re- vac- 

cination of  persons  in  in- 
fected districts. 

25.  Public  vehicles  not  to  be  used 

to  transport  persons  suffering 
from  contagious  diseases,  or 
bodies  of  persons  who  have 
died  therefrom;  disinfection 
of  such  vehicles. 

26.  Hiring  of  vehicles  to  carry 

infected  dead  prohibited. 

27.  Disinfecting  premises  where 

the  patient  has  died  or  been 
removed. 

28.  Appointment  of  extra  vaccine 

physicians. 

29.  Penalty  for  violations  of  pro- 

visions of  this  Article. 

30.  Physicians  of  dispensaries  to 

preserve  supply  of  vaccine 
virus;  where  vaccination  fails, 
physician  to  repeat  vaccina- 
tion. 


31.  Inoculation  prohibited. 

32.  Commissioner  to  register  suf- 

ferers from  pulmonary  tuber- 
culosis; investigation  of  cases; 
when  Commissioner  shall 
assume  sanitary  surveillance 
of  cases. 

Cows,  Cow  Stables  and  Dairies. 

Keeping  Cows,  Registration  and 
Permits. 

33.  Area  of  ground  required  for 

each  cow;  permit  from  Com- 
missioner of  Health  required; 
penalty  for  violation  of  re- 
strictions. 

34.  Number  of  cows  allowed  on 

each  quarter-acre  of  ground; 
penalty  for  exceeding  limit; 
permit  revocable  whenever 
stables  are  not  in  sanitary 
condition. 

35.  Pastures  must  be  provided  for 

cows;  penalty. 

36.  Owners  of  stables  to  register 

same  with  Commissioner ; 
penalty  for  failure  to  register. 

37 . Commissioner  may  issue  annual 

permits  for  four  cows  or  less 
on  not  less  than  one-eighth 
acre;  specifications  for  stables 
required  under  such  permits. 

38.  Requirements  as  to  area  of 

ground  not  to  apply  to  sales 
or  exchange  stables;  proviso 
as  to  requirements  for  sales 
and  exchange  stables. 

39.  Existing  regulations  not  re- 

pealed by  this  Article. 

Cow  Stables  and  Dairies,  Sanitary 
Regulations. 

40.  Requirements  for  construction 

of  such  stables. 


ART.  14.] 


health — ORDINANCES . 


789 


41.  Stables  to  have  suitable  floors; 

if  public  sewer  abuts  premises, 
stable  to  connect  therewith. 

42.  Feeding  troughs  to  be  pro- 

vided; receptacle  for  refuse 
outside  of  building. 

43.  No  water  closet,  privy,  cess- 

pool, etc.,  permitted  in 
stables;  no  fowl,  hog,  horse, 
sheep  or  goat  to  be  kept  in 
building. 

44.  Dimensions  of  sheds  and  stalls. 

45.  Dairy  premises  to  be  kept 

clean  and  in  good  repair. 

46.  Buildings  to  be  throughly 

cleaned  and  accumulation  of 
dung  prevented. 

47.  Cows  to  be  cleaned  every  day. 

48.  Receptacles  for  fresh  drinking 

water  to  be  provided;  fresh, 
clean  water  only  to  be  used. 

49.  Enclosures  in  which  cows  are 

kept  to  be  graded  and  drained; 
no  garbage  or  refuse  to  be 
allowed  in  same;  no  open 
drain  to  run  through  same. 

50.  Receptacles  of  non-absorbent 

material  to  be  used  for  storage, 
etc.,  of  milk;  milk  to  be  re- 
moved from  stables  without 
delay. 

Contagious  and  Infectious 
Diseases. 

51.  Persons  keeping  cows  to  notify 

Commissioner  of  Health  of 
presence  of  infectious  diseases 
among  them. 

52.  Cows  to  be  submitted  to  tuber- 

culin test. 

53.  Persons  controlling  premises 

on  which  milk,  etc.,  are  sold 
to  notify  Commissioner  of 
presence  of  infectious  diseases 


thereon  ; no  milk  or  cream  to 
be  sold  from  such  infected 
premises  ; no  person  handling 
milk  to  expose  himself  to  in- 
fection . 

54.  Hands  and  persons  of  milkers 

to  be  clean. 

55.  Penalty  for  violation  of  sections 

40  to  54  inclusive,  of  this 
Article. 

Food,  Food  Products  and  Milk. 

Adulterating  Milk. 

56.  Penalty  for  adulteration  of 

milk  ; penalty  for  sale  of  milk 
of  diseased  cows. 

Sales  and  Inspections. 

57.  Sale  of  unsound  food  products 

or  any  food  kept  fresh  by  sal- 
icylic or  boracic  acid  prohib- 
ited. 

58.  Unlawful  to  secrete  or  remove 

unsound  food  after  condem- 
nation ; to  be  disposed  of  at 
expense  of  owner. 

59.  Requirements  for  pure  milk  ; 

skim-milk  or  butter-milk  may 
be  sold  as  such. 

60.  Commissioner  of  Health  to  in- 

spect and  obtain  samples  of 
foods  sold  or  for  sale;  to  make 
rules  and  regulations  for  pro- 
tection of  health  of  city. 

61.  Competent  chemist  and  three 

inspectors  of  foods  to  be  ap- 
pointed ; chemist  to  be  an 
analyst ; duties  of  chemist ; 
duties  of  food  inspectors;  sal- 
aries of  inspectors. 

62.  “Food  product”  defined  ; pro- 

viso as  to  other  terms  ; indict- 
ments under  this  sub-division . 

63.  Penalty  for  violating  provisions 

of  five  preceding  sections. 


790 


HK  AIvTH — ORDINANCES . 


[art.  14. 


Peddling  Oysters. 

64.  Penalty  for  hawking  oysters 

from  June  1,  to  September  15. 

Manufactories  Injurious  and  Dan- 
gerous to  Health. 

65.  Manufactories  constituting  a 

nuisance  prohibited;  duty  of 
Commissioner  when  com- 
plaint is  made ; penalty ; 
proviso  as  to  application  of 
roofing  to  buildings. 

66.  Permit  required  for  manufac- 

ture of  composition  roofing; 
application  for  such  permis- 
sion to  be  advertised;  penalty. 

67 . Distilling  copal  varnish ; boiling 

or  grinding  bones;  consent  of 
Mayor  and  City  Council  re- 
quired. 

68.  Penalty  for  unsanctioned 

manufacture. 

69.  Distillingturpentineor varnish; 

manufacture  of  earthen  or 
stoneware;  proviso  as  to  plants 
already  established;  penalty. 

70.  Soap  and  candle  making; 

penalty. 

71.  Application  for  permit  to  erect 

soap  or  candle  factories;  to  be 
published  at  expense  of  ap- 
plicant. 

72.  Mill  for  pulverizing  charcoal; 

penalty. 

73.  Manufacture  of  red  or  yellow 

ochre  must  be  assented  to  by 
owners  of  contiguous  property 
within  two  hundred  yards ; 
penalty. 

74.  Manufacture  of  certain  other 

articles  prohibited  except  with 
consent  of  property  holders; 
penalty. 


75.  Manufacture  of  cotton  wadding, 

laps  and  bats  prohibited;  pen- 
alty. 

76.  Moulding  clay,  or  burning 

brick  or  tile,  etc. ; permission 
of  Mayor  and  City  Council 
required;  notice  of  application 
for  permission  by  publication; 
penalty. 

77.  Poudrette  works,  glue  factories, 

etc.,  and  stock  yards  pro- 
hibited; penalty. 

Morgue. 

78.  What  bodies  shall  be  deposited 

therein. 

79.  How  long  bodies  shall  remain. 

80.  Preservation  of  clothing  and 

effects  of  deceased. 

81.  Superintendent  of  morgue; 

qualifications. 

82.  Bond  of  Superintendent, 

83.  Commissioner  of  Health  to 

make  rules  for  government 
of  morgue;  Superintendeat  to 
enforce  same. 

Nuisances  and  Prevention  of 
Disease. 

Abatement  of  Nuisances. 

84.  Commissioner  of  Health  to 

inspect  all  lots,  grounds,  etc.; 
when  found  in  state  of  nui- 
sance to  abate  same;  to  notify 
owners  of  premises  in  state 
of  nuisance;  Commissioner 
to  abate  nuisance  at  expense 
of  owner  when  owner  fails  to 
do  so;  penalty  for  neglect  of 
owner„ 

85.  Procedure  where  owner  cannot 

be  found. 


ART.  14.] 


health — ORDINANCES . 


791 


Removal  of  Nuisances. 

86.  Procedure  when  nuisance  exists 

on  lot  adjoining  lot  entered 
upon;  penalty  for  such  adjoin- 
ing owner. 

Notice. 

87.  Requirements  for  sufficient 

notice. 

88.  Notice  to  non-resident  owners; 

Commissioner  of  Health  to 
remove  nuisance  on  failure 
of  such  non-resident. 

Recovery  of  Charges  for  Removing 
Nuisances. 

89.  Such  charges  and  any  penalties 

imposed  under  this  sub- 
division to  become  a lien  on 
the  property;  execution. 

Sales  of  Property. 

90.  Procedure  in  sale  of  property 

charged  with  expenses  of 
abating  nuisance. 

91.  Whom  to  be  taken  as  owners; 

duty  of  such  persons  under 
this  sub-division. 

Bones. 

92.  Bone  dealers;  green  bones; 

proviso. 

Cellars. 

93.  When  Commissioner  of  Health 

suspects  a nuisance  therein 
he  may  demand  entry;  pen- 
alty for  obstructing  Commis- 
sioner. 

94.  Commissioner  of  Health  may 

cause  cellars  to  be  filled  up.  • 

Dead  Animals,  Etc. 

95.  To  be  removed  within  twelve 

hours;  removal  in  enclosed 
wagons;  penalty. 


Deposits  on  Vacant  Lots  and 
Premises. 

96.  Manure  and  nuisance  on  such 

lots;  consent  of  adjoining 
owners. 

97.  Deposits  of  cleanings,  of 

slaughter  houses,  etc.;  pen- 
alty. 

98.  Removal  of  such  articles  to 

other  premises;  penalty. 

99.  Not  to  bring  filth  into  city; 

penalty. 

Draining  Low  Ground. 

100.  To  drain  instead  of  filling  up 
low  ground  where  practicable. 

Expectorating . 

101.  Expectoration  on  sidewalks, 
in  public  buildings,  cars  or 
depots,  etc.,  prohibited. 

102.  Notices  forbidding  same  to  be 
posted  by  persons  having 
charge  of  such  premises,  etc. 

103.  Said  persons  to  provide 
receptacles;  to  clean  and  dis- 
infect same  daily. 

104.  Penalty  for  violation  of  pro- 
visions of  this  sub-division. 

Tenement  a7id  Lodging  Houses. 

105.  Cleanliness  required;  to  white- 
wash walls,  ceilings,  etc.; 
registry  of  tenement  houses 
with  Commissioner  of  Health. 

106.  Penalties  for  violation  of 
tenement  and  lodging  house 
regulations  hereunder. 

Garbage. 

107.  Penalty  for  burning  garbage 
at  dumps. 

108.  Permit  necessary  to  carry 
garbage  through  streets. 


792 


HE  AI.TH — ORDINANCES . 


[art.  14. 


109.  Grant  or  refusal  of  said  per- 
mit to  be  within  discretion  of 
Commissioner  of  Health. 

110.  Penalty  for  such  carriage  of 
garbage  without  permit. 

111.  No  rubbish,  etc.,  to  be 
dumped  on  private  property 
without  consent  of  owner. 

112.  Penalty  for  dumping  without 
permission . 

Graves. 

113.  Depth  of  graves;  penalty  for 
insufficient  depth. 

Hydrants. 

114.  Abatement  of  nuisance  from 
leakage  of  same. 

115.  Such  nuisance  to  be  removed 
at  expense  of  person  causing 
same. 

Ice  Ponds. 

116.  No  grounds  to  be  so  used 
without  permit. 

117.  Such  ponds  when  permitted 
must  be  drained  from  first  of 
March  to  first  of  November. 

118.  Penalty  for  neglect  to  drain. 

Oyster  and  Clam  Shells. 

119.  No  shells  to  be  dumped  with- 
out permit;  penalty. 

120.  No  shells  to  be  stored  in 
June,  July  or  August;  penalty. 

Shavings  and  Vegetable  Matter. 

121.  Not  to  be  placed  on  wharves 
or  low  ground. 

Smoke. 

122.  City  Hall  and  Court  House 

chimneys  not  to  emit  smoke. 

123.  Dense  or  black  smoke  from 

other  chimneys  prohibited; 

proviso  as  to  greenhouses. 


124.  Penalty  for  violation  of  pro- 

visions of  this  sub-division. 

125.  Commissioner  of  Health  to 

enforce  provisions  of  this 
sub-division. 

Stables. 

126.  Penalty  for  maintainance  of 

same  in  a condition  of  nuis- 
ance. 

Wells  and  Springs. 

127.  Water  of  wells  and  springs 

suspected  of  impurities  to  be 
analyzed;  analysis;  record  of 
analysis;  condemnation  and 
notice  to  Water  Engineer. 

Play  Grounds  for  Children. 

Co7itract  luith  Children's  Play- 
g7'Ound  Associatiofi. 

128.  Twenty-four  playgrounds  to 

be  maintained  for  |3,000 
per  annum;  when  said  sum 
is  payable;  city  may  termi- 
nate this  contract  at  any 
time  upon  30  days’  notice. 

Plumbing  and  Inspections, 

Inspector  of  Plmnbing. 

129.  Inspector  of  Plumbing;  quali- 

fications; not  to  be  interested 
in  plumbing  business;  bond; 
salary. 

130.  Permit  for  drain  pipes;  appli- 

cation for  same. 

131.  Penalty  for  exceeding  permit. 

132.  Plumbing  work  to  be  super- 

vised by  Inspector  of 
Plumbing. 

133.  Such  work  to  be  done  in  con- 

formity with  instructions  of 
said  Inspector;  penalt}^  for 
non-compliance  therewith. 

134.  Penalt}’’  for  doing  work  with- 

out permit,  or  in  a manner 
detrimental  to  health. 


ART.  14.] 


health — ORDINANCES . 


793 


135.  Inspector  of  Plumbing  to  cer- 

tify approval  of  work. 

Potters’  Fields. 

136.  To  be  under  control  of  Com- 

missioner of  Health;  Com- 
missioner to  regulate  same; 
depth  of  graves  therein; 
gates  to  be  locked;  penalty. 

Privies  and  Night  Soil. 

Privies. 

137.  Privy  wells  in  connection 

with  more  than  one  house 
prohibited. 

138.  Those  already  constructed  not 

to  be  so  used;  proviso  as  to 
those  now  so  used. 

139.  Penalty  for  violation  of  pro- 

visions of  this  sub-division. 

140.  Persons  licensed  to  remove 

contents  of  privies  to  be 
under  control  of  Commis- 
sioner of  Health;  penalty 
for  refusal  or  neglect  to 
obey  his  orders. 

141.  Cleaning  permitted  in  day 

time;  proviso  as  to  annoy- 
ance to  sight  or  smell. 

142.  May  require  bond  for  proper 

performance  of  work  from 
persons  so  permitted  to 
clean. 

143.  Offensive  privies  and  vaults 

to  be  cleaned  on  notice  from 
Commissioner  of  Health; 
who  shall  be  responsible 
hereunder;  penalty  for  neg- 
lect. 

144.  No  privy  etc.,  to  be  emptied 

without  permit;  penalty. 

145.  Permits  for  draining  cess- 

pools, etc.;  conditions  under 
which  such  drainage  to  be 
installed. 


146.  Penalty  for  bringing  night 

soil  into  city. 

147.  Penalty  for  placing  substances 

other  than  excrement  in 
privy  wells. 

148.  Applications  for  cleaning  priv- 

ies, etc.,  to  be  recorded;  re- 
quirements of  application. 

149.  Removing  apparatus  to  be 

air-tight;  penalty  for  use  of 
improper  apparatus. 

150.  Proper  drainage  from  build- 

ings required;  penalty  for 
owners. 

151.  Penalty  for  introducing  drain- 

age or  other  pipes  into  city 
wells. 

152.  No  vaults  for  privies  to  be 

placed  under  streets  or  side- 
walks. 

153.  Penalty  for  placing  such  vaults 

and  fcr  use  of  same. 

154.  Penalty  for  depositing  night 

soil  at  places  other  than 
those  selected  by  the  Com- 
missioner of  Health. 

155.  Commissioner  of  Health  may 

order  deposits  at  such  places 
suspended. 

156.  Specifications  for  contract 

with  R.  R.  Zell  & Co. 

157.  Mayor  to  revoke  said  con- 

tract for  default. 

158.  Employers  of  both  males  and 

females  to  maintain  separate 
privies  for  each  sex. 

Quarantine  Regulations. 

Quarantine  Hospital  Physician. 

159.  Quarantine  Hospital;  duties 

of  physician. 

Employes  at  Quarantine  Hospital. 

160.  Employment  of;  compensa- 

tion. 


794 


HEAI.TH — ORDINANCKS . 


[art.  14. 


161.  Further  duties  of  physician; 

his  bond. 

Inspectio7i  of  Vessels. 

162.  Between  April  and  November 

all  vessels  subject  to  quaran- 
tine regulations;  limits  with- 
in which  vessels  shall  not 
proceed  without  permit;  du- 
ties and  powers  of  Quaran- 
tine Hospital  Physician; 
purifying  and  disinfecting 
vessels  ; expense  of  same  to 
be  borne  by  master;  vessels 
not  to  remove  from  position 
assigned  them  at  quarantine 
without  permission;  penalty 
for  failure  to  obey  instruc- 
tions of  Physician;  action 
against  vessel  to  recover 
penalt\\ 

163.  Cleansing  vessels  after  cargo 

discharged. 

Contagious  and hifectious  Diseases 
on  Vessels. 

164.  Duty  of  master  of  vessel  ar- 

riving with  passengers  hav- 
ing or  suspected  of  having 
said  diseases;  penalty;  from 
whom  collectible. 

165.  Admission  of  patients  to 

Quarantine  Hospital. 

Cargoes  Infected  with  Disease. 

166.  Cargoes  damaged  or  liable  to 

produce  disease  not  to  be 
. brought  into  city;  procedure 
when  such  articles  discov- 
ered in  city;  vessel  bringing 
same  to  be  cleansed  and 
ventilated  at  quarantine ; 
penalty. 

Vessels  Exempted  f'om  Regula- 
tions. 

167.  What  vessels  Mayor  and  Com- 

missioner of  Health  may 


exempt  from  regulations; 
proviso  as  to  vessels  having 
contagious  diseases  aboard. 

168.  Such  exempted  vessels  may 

be  quarantined  if  necessary. 

Small-Pox  and  other  Infectious  or 
Cofitagious  Diseases. 

169.  Duty  of  Physician  upon  notice 

or  when  such  diseases  are 
suspected  of  being  on  board 
vessels;  disinfection  of  offi-~ 
cers,  passengers  and  effects; 
to  prevent  communication 
between  citizens  of  city  and 
those  detained;  penalty  for 
removing  baggage  before 
disinfection. 

Expenses  of  Disinfection. 

170.  Who  shall  be  liable  therefor. 

171.  If  persons  quarantined  are 

unable  to  maintain  them- 
selves the  master  of  vessel 
in  which  they  arrived  shall 
provide  for  them;  vessel  not 
to  leave  quarantine  until 
such  expenses  paid. 

Penalties  and  Stipulations. 

172.  Penalties  imposed  for  viola- 

tions of  orders,  rules  and 
regulations  of  Quarantine 
. Hospital  Physician ; breaking 

quarantine;  duty  of  Com- 
missioner of  Health  on  dis- 
covery of  contagious  disease 
on  vessel  in  basin  or  at 
docks. 

Quarantine  Charges  Against  Ves- 
sels. 

173.  Rates  of  charge;  Physician  to 

make  monthly  returns  of 
charges  collected  and  num- 
ber and  tonnage  of  vessels 
boarded ; collection  of  charg- 
es; penalty  for  failure  to  pay 
same. 


ART.  14.] 


health — ORDINANCES . 


795 


Patients  at  Quarantine  Hospital. 

174.  Rates  of  charge  for  mainte- 

nance of  patients;  master  of 
vessel  liable  therefor  on 
failure  of  patient  to  pay; 
ship  to  remain  until  charges 
paid. 

Supplies  for  Hospital. 

175.  To  be  obtained  through  Com- 

missioner of  Health. 

176.  Responsibility  of  Physician 

for  baggage  while  being  dis- 
infected. 

Medical  Attendance . 

177.  Vaccination  of  crew  and  pas- 

sengers; fees  therefor;  at- 
tendance on  passengers  not 
quarantined;  charges  there- 
for; disposition  of  monies  so 
collected. 

178.  Duty  of  Harbor  Master  here- 

under. 

Registration  of  Births  and  Deaths. 

Registry  of  Births  and  Deaths. 

179.  Commissioner  of  Health  to 

provide  books  for  registra- 
tion. 

180.  Births  and  deaths  to  be  regis- 

tered in  separate  books;  to 
be  indexed;  to  be  open  to 
public. 

181.  On  occurrence  of  death  at- 

tending physician  to  furnish 
undertaker  with  certificate; 
duty  of  undertaker;  proviso 
when  death  from  contagious 
disease. 

182.  Coroner  to  furnish  certificate 

when  case  comes  under  his 
notice;  proviso  as  to  conta- 
gious disease;  duty  of  un- 
dertaker; proviso. 

183.  What  certificate  shall  show. 


184.  No  burial  to  be  made  without 

permit;  return  of  permit 
after  burial;  proviso  as  to 
removal  of  bodies. 

185.  Undertaker  to  furnish  certifi- 

cate when  death  occurs 
without  medical  attention. 

186.  Penalty  for  failure  or  refusal 

to  furnish  permit;  penalty 
for  neglect  of  these  provi- 
sions by  those  in  charge  of 
cemeteries,  etc. 

Permits  for  Transportation  of 
Dead  Bodies. 

187.  No  dead  bodies  to  be  carried 

without  permit;  transporta- 
tion companies  to  detach 
and  return  coupons  on  per- 
mit; penalty  for  carriage 
without  permit. 

Midwifery . 

188.  Midwives  to  keep  registry  o 

births;  what  such  record 
shall  show;  to  be  entered  on 
schedule  furnished  by  Com- 
missioner of  Health;  attend- 
ing physician  to  sign  sched- 
ule; if  no  midwife  or  physi- 
cian attending,  then  parents 
to  report,  birth,  etc.;  pen- 
alty for  failure  to  report 
birth. 

Register  of  Physicians^  Midwives, 
Undertakers  and  Others. 

189.  To  register  name,  residence 

and  place  of  business  at 
office  of  Commissioner  of 
Health;  penalty  for  failure 
to  regi.ster,  etc. 

190.  Commissioner  of  Health  to 

furnish  on  request  transcript 
of  record  of  births  and 
deaths;  fee  for  same;  fee  for 
search  of  said  record. 


796 


H E AI.TH — ORDINANCES . 


Lart.  14. 


To  give  advice 
with  view  to 
preservation 
of  public 
health. 


191.  Accounting  for  monies  so  re- 

ceived. 

192.  What  matters  records  of  births 

and  deaths  shall  show. 

193.  Blanks  to  be  distributed  free 

to  those  requiring  them; 
form  of  blanks. 

194.  Bodies  of  persons  dying  from 

contagious  diseases  to  be 
buried  after  twenty-four 
hours;  penalty. 

Slaughter  and  Hide  Houses,  Hog, 
Pens,  Etc. 

195.  Complaints  against  slaughter 

houses  by  adjacent  property 
holders;  duty  of  Commis- 
sioner of  Health  therein. 

196.  Notice  for  removal  of  slaugh- 

ter houses  becoming  a nuis- 
ance; when  Mayor  to  pro- 
ceed as  under  common  law. 

197.  No  slaughter  or  hide  houses 

to  be  erected  in  city;  penalty. 

198.  Penalty  for  keeping  hogs 

within  city;  proviso  as  to 


hogs  kept  for  sale  or  slaugh- 
ter; in  no  case  to  be  kept 
over  ten  days. 

199.  Victualler  may  keep  limited 

number  of  hogs  on  his 
.slaughter  - house  premises; 
proviso  as  to  permit  for 
same. 

200.  Commissioner  of  Health  to 

grant  said  permit  if  he  finds 
that  keeping  hogs  on  such 
premises  will  not  create  a 
nuisance;  permit  to  be  good 
for  twelve  months. 

201.  Penalty  for  keeping  hogs 

without  permit. 

Fines  and  Penalties. 

202.  Penalty  for  non-compliance 

with  notice  or  order  of  Com- 
missioner of  Health  when 
no  other  penalty  provided. 

203.  Recovery  of  and  accounting 

for  fines  and  penalties  im- 
posed under  this  Article. 


COMMISSIONER  OF  HEALTH. 

Duties. 

City  Code.  (1879)  Art.  23,  Sec.  9.  City  Code,  (1893)  Art.  23,  Sec.  18. 

1.  It  shall  be  the  duty  of  the  Commissioner  of  Health 
to  give  to  the  Mayor  and  other  city  authorities  all  such 
professional  advice  and  information  as  they  may  require, 
with  a view  to  the  preservation  of  the  public  health;  to 
enquire  into  the  health  of  the  city,  and  whenever  he  shall 
hear  of  the  existence  of  any  malignant,  contagious  or 
pestilential  disease,  to  investigate  such  report,  and  ascer- 
tain as  correctly  as  possible,  the  causes  which  produced 
said  disease,  to  adopt  measures  to  arrest  its  progress, 
and  to  report  in  writing  to  the  Mayor  every  circumstance 
likely  to  endanger  the  health  of  the  city. 


ART.  14.]  ASST.  COMMISSIONER  OF  health— ORDINANCES. 


797 


City  Code,  (1879)  Art.  23,  Sec,  11.  City  Code,  (1893)  Art.  23,  Sec.  20. 

2.  If  any  person  shall  knowingly  obstruct  or  resist  the 
Commissioner  of  Health,  or  any  subordinate  of  his  sub- 
department, or  any  person  by  him  appointed,  in  the  exe- 
cution of  the  powers  to  them  given,  or  in  the  performance  interfering: 
of  the  duties  enjoined  on  them  by  laws  or  ordinances  in  missioner  of 
relation  to  the  public  health,  such  person  shall  forfeit  and  subordinates, 
pay  a sum  not  exceeding  two  hundred  dollars  ($200) . 

Medical  Examiner. 

Ord.  30,  March  8,  1890.  City  Code,  (1893)  Art.  23,  Sec.  6. 

3.  The  Medical  Examiner  shall,  whenever  called  upon  Medical  ex- 
by  the  several  coroners,  or  the  Commissioner  of  Health,  A^sStlnt^o 
make  post-mortem  examinations  in  any  part  of  the  city,  SStem°ind 
and  such  further  medico-legal  inquiries  as  may  furnish  the  aminations. 
evidence  required  in  any  case,  and  shall,  in  each  case, 

make  promptly  a formal  report  in  writing  of  such  exami- 
nation and  inquiry  to  the  Commissioner  of  Health  and  to 
the  State’s  Attorney  for  the  city.  The  Assistant  Medical 
Examiner  shall  be  present  with  the  Medical  Examiner  at 
each  post-mortem  examination  or  other  medico-legal  in- 
quiry, and  shall  efficiently  assist  therein.  In  the  absence 
of  the  Medical  Examiner,  the  Assistant  Medical  Examiner 
shall  discharge  all  the  duties  of  the  Medical  Examiner. 

Young  V.  College,  etc.,  81  Md.  358. 

Assistant  Commissioner  of  Health. 

City  Code,  (1879)  Art.  23,  Sec.  6.  City  Code,  (1893)  Art.  23,  Sec.  15. 

4.  It  shall  be  the  duty  of  the  Assistant  Commissioner  Duties  of  Assi- 
of  Health,  other  than  the  one  assigned  to  perform  the  S^ioneTof 
duties  of  Quarantine  Hospital  Physician,  to  attend  at  the 

Health  Office  every  day,  except  Sunday,  unless  otherwise 
engaged  upon  the  duties  of  his  office,  to  discharge  the 
duty  of  seeing  that  a faithful  record  is  kept  of  all  reports 
and  other  matters  relating  to  the  Health  Department;  and 
in  case  of  sickness  or  absence  of  the  Commissioner  of 
Health,  he  shall  perform  all  the  duties  herein  assigned  to 
the  said  Commissioner  of  Health. 


798 


HKAI^TH — ORDINANCES. 


[art.  14. 


City  Code,  (1879)  Art.  23,  Sec.  7.  City  Code,  (1893)  Art.  23,  Sec.  16. 

of  Quarantine  5.  It  shall  be  the  duty  of  the  Assistant  Commissioner 
Physician.  of  Health  who  shall  be  assigned  to  the  performance  of  the 
duties  of  Quarantine  Hospital  Physician,  in  addition  to 
such  other  duties  as  are  hereinafter  required  of  him,  to 
attend  at  the  office  of  the  Commissioner  of  Health  when 
so  requested  by  the  Commissioner  of  Health,  to  inform 
the  Commissioner  of  Health  of  anything  demanding  the 
attention  of  the  Health  Department  and  also  to  advise 
with  the  Commissioner  of  Health  on  all  subjects  particu- 
larly appertaining  to  the  sanitary  condition  of  the  port. 

Badges. 

Ord.  64,  June  15,  1900. 

Officers  andfo  6.  All  officors  and  employes  of  the  sub-department  of 
wear  a badge,  the  Commissioner  of  Health,  when  on  duty,  shall  wear, 
and  whenever  called  upon,  display,  a badge  denoting  the 
character  of  the  office  of  said  officer  or  employe. 

Ord.  64,  June  15,  1900. 

7.  Said  badge  shall  be  of  circular  form  with  a red 
cross  in  the  center  with  the  title  of  the  officer  or  employe 
at  the  head  of  the  circle,  and  the  words  ‘‘B.  C.  Health 
Dep’C'  at  the  bottom  of  the  circle. 

Ord.  64,  June  15,  1900. 

8.  Any  person  who  shall  improperly  or  without  author- 
ity use  said  badge  shall,  upon  conviction  of  said  offence 
before  any  Justice  of  the  Peace  for  any  of  the  station 

Penalty  for  housos  of  Baltimore  city,  or  in  the  Criminal  Court  of  said 
unauthorized  ^ity^  bo  liable  to  a fine  of  not  less  than  five  dollars  ($5.00) 
or  not  more  than  twenty-five  dollars  ($25.00). 


City  Code,  (1879)  Art.  23,  Sec.  123.  City  Code,  (1893)  Art.  23,  Sec.  130. 

Further  duties  9.  It  shall  also  be  the  duty  of  the  vaccine  physician 
ttatSns^nd  residing  in  the  wards  in  which  the  several  police  stations 
saial?r  are  located,  to  attend  to  all  police  officers  who  may  be 


ART.  14.]  CONTAGIOUS  DISEASES — ORDINANCES. 


799 


wounded  in  the  discharge  of  their  duties,  and  to  all  cases 
which  may  require  professional  services  at  said  station 
houses. 

CONTAGIOUS  AND  INFECTIOUS  DISEASES. 

Ord.  9,  September  29,  1905. 

10.  The  diseases  which  shall  be  treated  in  the  Munici- Diseases  to  be 
pal  Hospital  for  Infectious  Diseases,  to  be  erected  under 
the  provisions  of  Ordinance  No.  127,  approved  May  2,  1901  iniectious 
and  Ordinance  No.  9,  approved  September  29,  1905,  when 
same  is  erected,  shall  be  diptheria,  scarlet  fever,  measles 
and  chicken  pox.** 


Ord.  125,  October  24,  1882.  Ord.  22,  May  20,  1890. 

City  Code,  (1893,)  Art.  23,  Sec.  164.  Ord.  83,  May  29,  1895. 

11.  Every  physician  shall  report  to  the  Commissioner  physicians  to 
of  Health,  in  writing,  upon  blanks  to  be  furnished  by  said 
commissioner,  every  person  having  small  pox,  cholera, 
yellow  fever,  malignant  diptheria,  measles,  whooping 
cough,  mumps,  pseudo  membraneous  croup,  scarlet  fever, 
varioloid,  or  typhoid  fever  and  his  or  her  place  of  dwelling, 
and  name,  if  -known;  such  report  to  be  made  within 
twenty-four  hours  after  the  first  visit,  if  such  report  was 
not  previously  made  by  some  other  physician. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  166. 

12.  The  keepers  of  all  hotels  and  boarding  houses,  and  such  diseases 
the  agents  and  owners  of  all  tenement  houses,  or  private  by  hotel  and 
residences  or  dwelling  houses,  having  any  person  or  per-  keeSrs. 
sons  in  their  hotels,  boarding  houses,  tenement  houses  or 
private  residences,  or  dwelling  houses,  suffering  from  or 
afflicted  with  any  malignant,  infectious  or  contagious 


'*'*Note. — The  following  is  a list  of  ordinances  heretofore  passed, 
relating  to  the  establishment  of  a hospital  for  the  treatment  of  infectious 
and  contagious  diseases. — Ord.  74,  April  14,  1893;  Ord.  164,  May  12, 
1893;  Res.  4,  February  10,  1893;  Ord.  141,  January  11,  1899;  127,  May 
2,  1901. 


800 


HK  AI.TH — ORDINANCES . 


[art.  14. 


Institutions 
to  report. 


Masters  of 
vessels  to 
report. 


disease,  as  mentioned  in  section  11  of  this  Article,  after 
they  shall  have  become  acquainted  with  the  fact,  or  are 
apprised  of  the  same,  shall  immediately  notify  the  Com- 
missioner of  Health,  stating  the  name  of  the  person  or 
persons  so  afflicted,  their  age  and  residence  or  location,  and 
such  other  facts  or  information  as  they  may  possess.  Any 
such  keeper,  owner  or  clerk  of  any  hotel,  or  boarding  house, 
or  any  such  agent  or  owner  of  any  tenement  house,  private 
residence  or  dwelling  house,  who  shall  fail  or  neglect  to 
notify,  in  writing,  the  Commissioner  of  Health,  within 
twenty-four  hours,  of  such  case  of  malignant,  contagious 
or  infectious  disease,  after  having  become  aware,  apprised 
or  informed  of  the  same,  shall  be  subject  to  the  penalties 
hereinafter  specified. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  167. 

13.  The  Commissioners,  managers,  principals  or  other 
proper  person  or  head  officer  of  each  and  every  public  or 
private  institution  in  the  city,  where  persons  lodge  or  abide 
temporarily  or  permanently,  shall  report,  in  writing  the 
name,  if  known,  and  the  condition  and  disease  of  any  and 
every  person  being  thereat,  and  sick  of  small  pox,  cholera 
or  yellow  fever,  malignant  diptheria,  scarlet  fever  and 
varioloid. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  168. 

14.  The  master,  chief  officer  or  consignee,  or  any  of 
them,  of  every  vessel  not  being  in  quarantine  or  within 
quarantine  limits,  but  being  within  one-fourth  of  a mile  of 
any  dock,  wharf  or  building  of  the  city,  having  on  board 
any  contagious  disease,  shall  report  to  the  Commissioner 
of  Health,  or  cause  to  be  reported,  immediately,  in  writing, 
the  particular  location  of  said  vessel  and  its  name,  and 
shall  in  said  report  state  the  name,  disease  and  condition 
of  any  person  being  in  or  on  such  vessel,  and  sick  of  any 
contagious  disease,  as  aforesaid. 


ART.  14.]  CONTAGIOUS  DISEASES— ORDINANCES. 


801 


Ord.  125,  Oct.  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  169. 

15.  No  person  shall  bring  to  any  dock,  wharf  or  build-  ^infe^cted°^ 
ing,  or  within  one  thousand  feet  thereof,  in  the  city,  or 
unload  at  any  dock,  building  or  pier  therein,  or  have  on 
storage  in  the  city,  any  skins,  fish,  rags,  bones,  hides  or 
similar  articles  or  materials  which  have  been  brought  from 
any  infected  place  without,  or  otherwise,  than  according 
to  a written  permit  so  to  do  from  the  Commission  of  Health; 
and  no  person  shall  sell,  exchange  or  in  any  way  make  any 
exposure  of  any  straw,  bedding,  clothing  or  articles  that 
have  been  exposed  to  any  contagious  disease,  or  are  liable 
to  communicate  such  disease,  till  after  the  same  shall  have 
been  adequately  cleansed  or  disinfected,  and  a written 
permit  so  to  do  obtained  from  the  Commissioner  of  Health. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  170. 

16.  No  person  shall,  within  the  city,  without  a permit  Removals  of 
from  the  Commissioner  of  Health,  carry  or  remove  from 
one  building  to  another,  or  from  one  vessel  to  the  shore, 
any  person  sick  of  any  contagious  disease;  nor  shall  any 
person,  by  any  exposure  of  any  individual  sick  of  any  con- 
tagious disease,  or  of  the  body  of  such  person,  or  by  any 
negligent  act  connected  therewith,  or  in  respect  of  the  care 
or  custody  thereof,  or  by  a needless  exposure  of  himself, 
cause  or  contribute  to,  or  promote  the  spread  of  disease  from 
any  such  person  or  from  any  dead  body. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  171. 

17.  All  bodies  of  persons  who  shall  have  died  of  any  of  Burials, 
the  contagious  diseases  mentioned  in  section  11  of  this 
Article  shall  be  buried  within  twenty-four  hours  after  death, 
unless  extension  of  time  shall  be  granted  by  the  Commis- 
sioner of  Health;  and  no  such  body  shall  be  exposed  to  the 
peril  or  perjudice  of  the  life  or  health  of  any  person. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  172. 

18.  Whenever  a disease  of  a contagious  and  infectious 
character  is  discovered  to  exist  in  any  dwelling  house  or 


802 


HEAI.TH — ORDINANCES . 


[art.  14. 


^“iSd^mithod  ® other  building  within  the  city,  the  Commissioner  of  Health, 
?L^erof by  and  with  the  advice  and  consent  of  the  Mayor,  may,  and 
co?tagious°’'  expense  of  the  city,  compel  the  inhabitants  of  such 

character,  dwclliug  housc  to  rcmove  therefrom,  and  may  place  them  in 
such  dwellings,  buildings,  or  temporary  structures  as  he 
may  deem  best  until  measures  can  be  taken,  under  the 
direction  and  at  the  expense  of  the  city,  for  the  immediate 
cleansing,  ventilation,  purification  and  disinfection  of  such 
dwelling. 


Ord.  125,  October  24,  1882.  City  Code.  (1893)  Art.  23,  Sec.  173. 

Fencing  in  of  19.  The  Commissioner  of  Health,  with  the  approbation 
localities.  of  the  Mayor,  may  cause  all  houses,  districts  or  parts  of 
districts  where  contagious  and  infectious  diseases  exist,  as 
mentioned  in  section  11  of  this  Article  to  be  fenced  in  and 
guarded  by  sentinels;  and  the  Commissioner  of  Health  may 
also,  in  such  cases,  with  the  approbation  of  the  Mayor, 
furnish  such  subsistence  and  clothing  as  may  be  necessary 
during  the  time  said  district  or  part  of  district  may  be 
fenced  in  as  above;  the  expense  of  the  same  to  be  borne 
by  the  city. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  174. 

Temporary  20.  When  a disease  dangerous  to  the  public  health 
exists,  and  in  order  to  prevent  the  spreading  of  the  same, 
the  Commissioner  of  Health,  with  the  approval  of  the 
Mayor,  shall  have  power  to  rent  halls,  dwelling  houses  and 
other  suitable  places,  or  to  have  erected  such  temporary 
structures  for  a hospital  or  place  of  reception  for  the  sick 
and  infected,  as  is  judged  best  for  their  accommodation  and 
the  safety  of  the  inhabitants,  which  shall  be  subject  to 
such  rules  and  regulations  as  the  Commissioner  of  Health, 
with  the  approval  of  the  Mayor,  may  prescribe;  and  the  Com- 
missioner of  Health  may  cause  any  sick  and  infected  person 
to  be  removed  thereto  unless  the  condition  of  such  person 
will  not  admit  of  his  or  her  removal  without  danger  to  his 
or  her  health,  in  which  case  the  house  or  place  where  he  or 
she  remains  shall  be  considered  as  a hospital ; and  all 


ART.  14.]  CONTAGIOUS  DISEASES— ORDINANCES. 


803 


persons  residing  in,  or  in  any  way  concerned  within  the 
same,  shall  be  subject  to  such  regulations  as  may  be 
prescribed  by  the  Commissioner  of  Health,  with  the 
approval  of  the  Mayor. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  175. 

21.  When  such  disease  is  found  to  exist,  the  Com- spread  of 

disease  to  be 

missioner  of  Health  shall  use  all  possible  care  to  prevent  prevented, 
the  spreading  of  the  infection,  and  to  give  public  notice  of 
infected  places  by  displaying  a yellow  flag,  or  by  any  other 
device,  on  the  premises  where  said  infectious  disease 
exists,  which,  in  his  judgment,  shall  be  most  effectual  for 
the  common  safety ; and  whoever  obstructs  the  Commis- 
sioner of  Health  or  his  agents  in  using  such  means  to 
prevent  the  spreading  of  the  infection,  or  wilfully  removes, 
obliterates,  defaces  or  handles  the  yellow  flags  or  other 
signals  so  displayed,  shall  be  subject  to  such  fines  and 
penalties  as  prescribed  in  section  29  of  this  Article. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  176. 

22.  Whenever  the  Commissioner  of  Health  may  have  seizure  of 
just  cause  to  suspect  that  any  baggage,  clothing,  bedding  or  artSSl 
goods  of  any  character,  found  in  the  city,  are  infected 
with  any  contagious  or  infectious  diseases,  which  may  be 
dangerous  to  the  public  health,  he  shall  proceed  to  the 
nearest  magistrate,  and  obtain  a warrant,  and  have  said 
goods  removed  to  such  places  as  he  may  deem  best,  or 
otherwise  detained  until,  in  the  opinion  of  the  Commis- 
sioner of  Health,  they  are  freed  from  infection. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  177. 

23.  Parents  and  guardians  shall  cause  their  children  vaccination  of 
and  wards  to  be  vaccinated  before  they  attain  the  age  of 
one  year,  and  re- vaccinated  whenever  the  Commissioner  of 
Health  shall,  after  five  years  from  the  last  vaccination, 
reauire  it. 


804 


HBAI^TH — ORDINANCES . 


[art.  14. 


Vaccination 

adults. 


Use  and  dis- 
infection of 
public 
vehicles. 


Hiring  of 
vehicles  to 
carry  dead 
bodies. 


Di.sinfecting 

premi.ses. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  178. 

24.  The  Commissioner  of  Health  shall  require  and 
enforce  the  vaccination  of  all  persons  residing  in  the  city 
and  not  before  vaccinated  and  the  re-vaccination  of  any 
person  in  the  infected  district,  whenever,  in  his  opinion, 
the  same  may  be  necessary. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  179. 

25.  It  shall  not  be  lawful  for  any  person  or  persons  to 
convey  any  body  suffering  from  small  pox,  scarlet  fever, 
diphtheria,  or  other  contagious  diseases,  to  or  from  any 
point  in  the  city  of  Baltimore,  nor  any  known  to  have  died 
from  small  pox,  or  other  contagious  diseases,  in  any 
hackney  coach,  buggy,  cab  or  gig,  which  is  for  public  hire, 
under  penalty  of  having  it  or  them  taken  by  the  Commis- 
sioner of  Health,  disinfected,  fumigated,  and  quarantined 
for  thirty  days,  unless  it  or  they  are  used  for  that  purpose 
only,  and  then  the  Commissioner  of  Health  must  be  satis- 
fied that  such  is  the  case. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  180. 

26.  It  shall  not  be  lawful  for  any  person  or  persons 
having  hackney  coaches,  buggies,  cabs  or  gigs  for  hire,  to 
hire  or  cause  to  permit  the  same  to  be  hired  or  loaned,  or  in 
any  manner  to  be  used,  by  any  person  or  persons  for  the  pur- 
pose of  conveying  a dead  body,  known  or  supposed  to  have 
died  from  small  pox,  scarlet  fever,  diphtheria,  or  any  other 
infectious  diseases,  to  or  from  any  dwelling  or  public  build- 
ing, to  any  cemetery  or  other  point  within  or  through  the 
city,  unless  they  conform  to  the  restriction  in  the  next 
preceding  section  of  this  Article. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  181. 

27.  In  every  case  where  there  has  been  small  pox, 
diphtheria,  scarlet  fever  or  other  contagious  diseases,  and 
the  sick  person  has  either  died  or  been  removed  from  the 
premises  where  the  disease  existed,  and  the  occupant  or 
occupants  have  vacated  the  property  without  causing  a 


ART.  14.] 


VACCINATIONS — O RDINANCKS . 


805 


thorough  and  complete  fumigation  and  disinfection  of  said 
property,  then  it  shall  be  the  duty  of  the  owner  or  owners 
of  said  property  to  have  said  premises  properly  fumigated 
and  disinfected  before  permitting  any  person  or  persons 
to  visit  the  property  for  the  purpose  of  becoming  tenant 
or  tenants,  owner  or  owners  of  said  premises. 


Ord.  125,  October  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  182. 

28.  The  Commissioner  of  Health,  whenever  in  his  Extra  vaccine 

physicians. 

judgment  he  may  deem  it  expedient  to  properly  vaccinate 
the  citizens  of  Baltimore,  may,  with  the  advice  and  consent 
of  the  Mayor,  appoint  extra  vaccine  physicians  to  fully 
carry  into  effect  the  provisions  of  this  section. 


Ord.  125,  pctober  24,  1882.  City  Code,  (1893)  Art.  23,  Sec.  183. 

29.  Any  person  who  violates,  disobeys,  omits,  neglects  Penalties, 
or  refuses  to  comply  with,  or  who  resists  any  of  the  pro- 
visions of  sections  11  to  28,  inclusive,  of  this  Article  shall 
be  fined  not  less  than  one  dollar  nor  more  than  two 
hundred  dollars  for  each  offence  ; except  that  the  fine  for 
the  refusal  to  vaccinate  shall  not  exceed  ten  dollars. 


City  Code,  (1879)  Art.  23,  Sec.  127.  City  Code,  (1893)  Art.  23,  Sec.  134. 

30.  It  shall  be  the  duty  of  the  physicians  of  such  dis-  physicians  of 
pensaries  as  receive  donations  from  the  Mayor  and  City 
Council  of  Baltimore  to  preserve  at  all  times  a full  supply 
of  vaccine  virus  ; and  satisfactory  evidence  of  a compliance 
with  the  terms  of  this  section  to  be  filed  with  the  .Comp- 
troller, shall  be  necessary  to  entitle  said  dispensaries  to  the 
appropriations  made  for  their  use.  In  all  cases  where  the 
trial  of  vaccinations  fails,  it  shall  be  the  duty  of  the  vaccine 
physicians  to  repeat  the  operation  until  they  are  satisfied 
that  the  subject  will  not  receive  the  vaccine  infection. 


City  Code,  (1879)  Art,  23,  Sec.  128.  City  Code,  (1893)  Art.  23,  Sec.  135. 

31.  No  person  shall  communicate  the  infection  of  small  mocuiation. 
pox  by  inoculation  within  the  city  of  Baltimore,  under  a 
penalty  of  twenty  dollars  for  each  and  every  such  offence. 


806 


health — ORDINANCES . 


[art.  14. 


Ord.  75,  May  12,  1896. 

name,  ad-  32.  The  Commissioner  of  Health  is  directed  to  here- 
and  sex  of  after  register  the  name,  address,  sex  and  age  of  every 
person  suffering  from  pulmonary  tuberculosis,  so  far  as 
tuberculosis-  such  information  can  be  obtained,  and  hereafter  all  physi- 
cians shall  be  requested  to  forward  such  information  on 
cards  ordinarily  employed  for  the  report  of  cases  of  con- 
tagious diseases,  this  information  to  be  solely  for  the  use  of 
the  Commissioner  of  Health  ; and  in  no  case  shall  the 
which  Com-  Commissioner  of  Health  assume  any  sanitary  surveillance 
Heauh”lhan  of  such  patlents  unless  said  patients  reside  in  tenement 
cases  of  houses,  boarding  houses,  or  hotels,  or  unless  the  attending 
tuberculosis.  physician  requests  that  an  inspection  of  the  premises  be 
made  ; and  in  no  case  where  the  patient  resides  in  a tene- 
ment house,  boarding  house  or  hotel,  shall  any  inspection 
be  made  if  the  visiting  physician  requests  that  no  visits  be 
made  by  inspectors  and  is  willing  himself  to  deliver 
circulars  of  information  as  is  designed  to  prevent  the 
communication  of  the  disease  to  others. 


cows,  cow  STABLES  AND  DAIRIES. 

Keeping  Cows.— Registration  and  Permits. 

Ord.  56,  May  13,  1902,  Sec.  1. 

Area  of  ground  33.  It  shall  not  be  lawful  for  any  person,  persons  or 
Sh  cot.^""^  corporation  to  keep  or  possess  within  the  corporate  limits 
of  Baltimore  city  any  cow  or  cows,  either  for  the  conduct 
of  the  dairy  business  or  for  his  or  her  personal  use,  unless 
and  except  such  cow  or  cows  shall  be  stabled  on,  or  located 
and  kept  in  and  upon  ground  of  not  less  than  one  quarter 
acre  in  area,  all  of  said  area  not  occupied  by  the  stable  to 
be  accessible  to  said  cows  and  set  apart  for  them  for 
exercise  and  fresh  air  ; and  upon  the  further  express  con- 
dition precedent,  that  a permit  shall  have  first  been 
Permit  to  be  obtained  from  the  Commissioner  of  Health  permitting  such 
from  Com-  COW  or  COWS  to  be  located  within  the  corporate  limits  of 
SSth”^^  ° the  city  of  Baltimore  as  by  this  sub-division  of  this  Article 
prescribed;  which  permit  must  designate  upon  its  face 
specifically  the  location  for  the  keeping  of  such  cow  or 


ART.  14.]  COW  STABLES  AND  DAIRIES — ORDINANCES. 


807 


COWS.  The  violation  of  any  of  the  regulations  and  restric- 
tions of  this  section  shall  subject  the  person,  persons  or 
corporation  so  violating  to  a fine  of  not  more  than  twenty 
dollars  ($20)  or  less  than  five  dollars  ($5)  and  a 
further  fine  of  one  dollar  ($1)  for  each  day  that  the  Penalty, 
violation  is  continued  after  notice  is  given  to  discontinue. 

See  State  v.  Broadbelt,  89  Md.  565. 


Ord.  56,  May  13,  1902,  Sec.  2. 

34.  It  shall  be  unlawful  for  any  person,  persons  orNu^erof^ 
corporation  to  keep  more  than  eight  cows  on  each  such  on  acre, 
area  of  one-quarter  acre  of  ground  ; any  person,  persons  or 
corporation  violating  this  section  shall  be  subject  to  a pen- 
alty of  not  more  than  twenty  dollars  ($20)  or  less  than 
five  dollars  ($5)  and  one  dollar  ($1)  per  day  additional  for  Penalty, 
each  day  that  the  offence  is  continued  after  notice  is  given 
to  discontinue  said  violation,  and  such  permits  to  be 
revocable  by  the  Commissioner  of  Health  whenever  said 
cow  stables  are  not  kept  in  good  hygienic  and  sanitary 
condition. 


Ord.  56,  May  13,  1902,  Sec.  3. 

35.  Whenever  under  the  two  next  preceding  sections  Pasturage  to 
of  this  Article  cows  may  be  kept,  pasturage  must  be  pro- 
vided  for  them.  Any  person,  persons  or  corporation 
violating  this  section  shall  be  subject  to  a penalty  of  not 
more  than  twenty  dollars  ($20)  or  less  than  five  dollars  p^^aity. 
($5)  and  one  dollar  ($1)  per  day  additional  for  each  day 
that  the  offence  is  continued  after  notice  is  given  to  dis- 
continue said  violation. 


Ord.  56,  May  13,  1902,  Sec.  4. 

36.  The  owners  of  cows  that  may  be  kept  within  the 
city  limits  under  the  provisions  of  the  three  next  preceding  commissioner 
sections  of  this  Article,  shall  register  with  the  Commissioner  to  keep^^ 
of  Health  the  place  where  said  cows  are  kept,  and  the  stfbiS!: 
Commissioner  of  Health  shall  keep  a complete  register 
thereof.  Failure  on  the  part  of  the  owners  or  possessors 


808 


HEALTH — ORDINANCES . 


[art.  14. 


Penalty. 


Certain  permits 
to  be  given 
annually  for 
keeping  four 
cows  or  less. 


Sanitary  reg- 
ulations for 
stables. 


Regulating 
sales  and 
exchange 
stables. 


Existing 
regulations 
are  not 
repealed. 


to  register  the  place  of  their  keeping  shall  subject  such 
persons  to  a penalty  of  not  more  than  twenty  dollars 
($20)  nor  less  than  five  dollars  ($5) . 


Ord.  56,  May  13,  1902,  Sec.  6. 

37.  The  Commissioner  of  Health  shall,  however,  issue  an- 
nual permits  to  persons  desiring  to  keep  not  more  than  four 
cows  on  unimproved  lots  of  less  than  one-fourth  acre,  but 
not  less  than  one-eighth  acre  in  area,  providing  said  stable 
or  stables  have  fioors  of  cement  or  other  non-absorbent 
material,  and  have  windows  on  at  least  two  sides  giving 
three  square  feet  of  window  space  for  each  animal,  and, 
stables  to  have  air  space  in  that  part  occupied  by  the 
animals  of  one  and  a-half  cubic  foot  for  every  pound  live 
weight  of  the  animals  kept  therein  ; and  provided  further, 
that  said  stables  have  all  other  necessary  equipment  and 
appliances  for  securing  absolutely  perfect  sanitary  and 
hygienic  condition. 


Ord.  56,  May  13,  1902,  Sec.  7. 

38.  That  part  of  section  33  of  this  Article  regulating 
the  size  of  the  lot  on  which  cows  may  be  kept  within  the 
corporate  limits  of  the  city  of  Baltimore,  shall  not  apply 
to  stables  in  which  cows  are  temporarily  kept  for  sale  or 
exchange  only,  provided  said  stables  have  fioors  of  cement 
or  other  non-absorbent  material,  and  have  windows  on  at 
least  two  sides  giving  three  square  feet  of  window  space 
for  each  animal,  and  stables  to  have  air  space  in  that  part 
occupied  by  the  animals  of  one  and  a-half  cubic  feet  for 
every  pound  live  weight  of  the  animals  kept  therein  ; and 
provided  further,  that  said  stables  have  all  other  necessary 
equipment  and  appliances  for  securing  absolutely  perfect 
sanitary  and  hygienic  conditions. 


Ord.  56,  May  13,  1902,  Sec.  8. 

39.  Nothing  in  sections  33  to  38  inclusive,  of  this 
Article  shall  be  construed  as  repealing  any  ordinances  or 
provisions  of  any  section  of  this  Article,  or  regulations  of 


ART.  14.] 


COW  STABTKS  AND  DAIRIES — ORDINANCES. 


809 


the  Commissioner  of  Health  now  existing,  for  compelling 
perfect  hygienic  and  sanitary  conditions  of  all  cow  stables 
within  the  corporate  limits  of  the  city  of  Baltimore. 

Cow  Stables  and  Dairies — Sanitary  Regulations. 

Ord.  65,  April  21,  1896,  Sec.  1. 

40.  No  building  shall  be  used  for  stabling  cows  for  Requirements 
dairy  purposes,  which  is  not  lighted,  ventilated,  drained  tfoVo? * 
and  constructed  according  to  the  provisions  of  section  37  of 
this  Article. 


Ord.  65,  April  21,  1896,  Sec.  2. 

41.  No  building  shall  be  used  for  stabling  cows 
dairy  purposes  which  is  not  provided  with  a suitable  floor, 
of  cement  or  other  non-absorbent  materials  laid  with  public  sewer, 
grades  and  channels  to  carry  off  all  drainage  ; if  a public 
sewer  abuts  the  premises  upon  which  such  building  is 
situated,  they  shall  be  connected  therewith. 


Ord.  66,  April  21,  1896,  Sec.  3. 

42.  No  building  shall  be  used  for  stabling  cows  for  Regulating 
dairy  purposes  which  is  not  provided  with  good  and  sufli-  troughs  or 
cient  feeding  troughs  or  boxes,  and  with  a covered, 
water-tight  receptacle  outside  of  the  building  for  the 
reception  of  dung  or  other  refuse. 


Ord.  65,  April  21,  1896,  Sec.  4. 

43.  No  water  closet,  privy,  cess-pool,  urinal,  inhabited  ^ci^eh^privy, 

room  or  workshop  shall  be  located  within  any  building  or  eS.^,  ’ 

shed  used  for  stabling  cows  for  dairy  purposes,  or  for  the 

storage  of  milk  or  cream;  nor  shall  any  fowl,  hog  or  horse,  ho?^,’shee’p 
sheep  or  goat  be  kept  in  any  room  used  for  such  purposes,  ke^fn 

building. 

• Ord.  65,  April  21.  1896,  Sec.  5. 

44.  The  space  in  buildings  or  sheds  for  stabling  cows  Dimensions  of 
for  dairy  purposes  shall  conform  to  the  requirements  of  stabs’.^" 
section  37  of  this  Article;  provided  that  no  stall  shall  be 

less  than  four  feet  in  width. 


810 


health — ORDINANCES. 


[art.  14. 


Ord.  65,  April  21,  1896,  Sec.  6. 

ises  clean  and  45.  It  shall  be  the  duty  of  each  person  using  any 
m good  re-  keeping  cows  for  dairy  purposes  to  keep  such 

premises  thoroughly  clean  and  in  good  repair,  and  well 
painted  or  whitewashed  at  all  times. 


Ord.  65,  April  21,  1896,  Sec.  7. 

46.  It  shall  be  the  duty  of  each  person  using  any 
premises  for  keeping  cows  for  dairy  purposes  to  cause  the 
Buildings  to  be  buildiug  iu  which  cows  are  kept  to  be  thoroughly  cleaned, 
cleaned.  and  to  remove  all  dung  from  the  premises  so  as  to  prevent 
its  accumulation  in  great  quantities. 


Ord.  65,  April  21,  1896,  Sec.  8. 

Cows  to  be  47.  Every  person  keeping  cows  for  the  production  of 
Cleaned  every  for  Sale  shall  cause  every  such  cow  to  be  cleaned 
every  day  and  to  be  properly  fed  and  watered. 


Ord.  65,  April  21,  1896,  Sec.  9. 

Recep  tables  for  48.  Every  person  using  any  premises  for  keeping  cows 
ing  water  to  shall  cause  the  yard  used  in  connection  therewith  to  be 
be  provided.  a proper  receptable  for  drinking  water  for 

such  cows;  none  but  fresh  clean  water  to  be  used  in  such 
receptacles. 


Ord.  65.  April  21,  1896,  Sec.  10. 

Premises  to  be  49.  Any  enclosure  in  which  cows  are  kept  shall  be 
drained.  graded  and  drained  so  as  to  keep  the  surface  reasonably 
dry  and  to  prevent  the  accumulation  of  water  therein, 
except  as  may  be  permitted  for  the  purpose  of  supplying 
No  garbage  to  drinking  water.  No  garbage,  urine,  fecal  matter,  or  other 
in  enclosure  similar  substances,  shall  be  placed  or  allowed  to  remain  in 
draii?  to°?un  such  enclosure,  and  no  open  drain  shall  be  allowed  to  run 
through  it.  through  it. 


Ord.  65.  April  21,  1896,  Sec.  11. 

50.  Any  person  using  any  premises  for  keeping  cows 
for  dairy  purposes  shall  provide  and  use  a sufficient  number 


ART.  14.] 


MILK— INFECTION  OF ORDINANCES. 


811 


of  receptacles,  made  of  non-absorbent  materials,  for  the 
reception,  storage  and  delivery  of  milk,  and  shall  cause 
them  at  all  times  to  be  cleaned  and  purified,  and  shall  cause 
all  milk  to  be  removed  without  delay  from  the  room  in 
which  cows  are  kept. 


non- 
absorbent 
materials  to 
be  used  for 
the  recep- 
tion, storage 
and  delivery 
of  milk. 


Contagious  and  Infectious  Diseases. 

Ord.  65,  April  21,  1896,  Sec.  12. 

51.  It  shall  be  the  duty  of  any  person  having  charge  or  Commissioner 
control  of  any  premises  upon  which  cows  are  kept  to  notify  be  notified  of 
the  Commissioner  of  Health  in  writing  of  the  existence  of  of  any  con- 
any  contagious  or  infectious  disease  among  such  cows  inS^doSs 
immediately  upon  the  discovery  thereof,  and  to  thoroughly 
isolate  any  cow  or  cows  affected,  or  which  may  reasonably 
be  believed  to  be  infected,  and  to  exercise  such  other 
precautions  as  may  be  directed  by  the  Commissioner  of 
Health. 


Ord.  65,  April  21,  1896,  Sec.  13. 

52.  It  shall  be  the  duty  of  any  person  owning  or  having  to  submit 
control  of  cows  used  for  the  production  of  milk  for  sale  or  tuberculin 
exchange  to  submit  said  cows  to  the  tuberculin  test  for 
tuberculosis. 


Ord.  65,  April  21,  1896,  Sec.  14. 

53.  It  shall  be  the  duty  of  any  person  having  charge  or  Relating  to  the 
control  of  any  premises  upon  which  milk  or  cream  is  pro-  con  tagious  or 
duced,  handled,  stored  or  distributed  to  notify  the  Com-  diseases  upon 
missioner  of  Health  immediately  upon  the  discovery  of  any  where  milk 
cas«  of  Asiatic  cholera,  croup,  diphtheria,  measles,  scarlet 
fever,  small-pox,  typhoid  fever,  typhus  fever,  or  any  other 
contagious  or  infectious  disease  upon  such  premises.  No 
milk  or  cream  shall  be  sold,  exchanged,  given  away,  or  in 
any  other  manner  distributed  from  such  infected  premises 
until  all  danger  of  spread  of  disease  has  been  removed,  and 
the  Commissioner  of  Health  certifies  to  that  effect.  No 
person  who  attends  cows  or  milks  them,  or  who  has  the 


812 


HEAI^TH — ORDINANCES. 


[art.  14. 


Hands  and 
persons  of 
milkers  to 
be  clean. 


Penalty. 


Adulteration 
of  milk. 


care  or  handling  of  vessels  for  the  sale,  storage  or  distribu- 
tion of  milk  or  cream,  shall  enter  any  place  or  premises 
wherein  exists  any  of  the  diseases  mentioned  herein,  nor 
shall  any  such  person  have  any  communication,  direct  or 
indirect,  with  any  person  who  resides  in  or  is  an  occupant 
of  such  infected  place. 


Ord.  65,  April  21,  1896,  Sec.  15. 

54.  Strict  cleanliness  of  the  hands  and  persons  of 
milkers  and  those  engaged  in  the  handling  of  milk  and 
cream,  and  of  the  bodies  of  the  cows,  especially  of  the 
udders  and  teats,  must  be  enforced  at  all  times,  to  the  end 
that  no  impurity  or  foreign  substance  may  be  added  to  the 
milk  or  cream. 


Ord.  65,  April  21,  1896,  Sec.  16. 

55.  Any  person  who  violates,  disobeys,  omits,  neglects 
or  refuses  to  comply  with,  or  who  resists  any  of  the 
provisions  of  sections  40  to  54,  inclusive,  of  this  Article 
shall  be  fined  not  less  than  ten  dollars  ($10)  nor  more 
than  twenty-five  dollars  ($25)  for  each  offence. 


FOOD,  FOOD  PRODUCTS  AND  MILK. 

Adulterating  Milk, 

City  Code,  (1879)  Art.  23,  Sec.  48.  City  Code,  (1893)  Art.  23,  Sec.  70. 

56.  It  shall  not  be  lawful  for  any  person  or  persons  to 
adulterate  milk  offered  for  sale  or  sold  within  the  limits  of 
the  city  of  Baltimore,  by  mixing  therewith  water,  or  any 
drug  or  other  articles  whatsoever,  under  a penalty  of  not 
less  than  twenty  dollars  for  each  and  every  offence  ; and 
any  person  or  persons  who  shall  sell  or  offer  for  sale  any 
milk  of  a diseased  cow,  within  the  limits  of  the  city,  shall 
pay  a fine  of  twenty  dollars  for  each  and  every  offence. 

Deems  v.  Mayor  & C.  C.  of  Balto.,  80  Md.  164.  State  v.  Broadbelt, 
89  Md.  565. 


ART.  14.] 


FOOD  AND  MIDK — ORDINANCES. 


813 


Sales  and  Inspections. 

Ord.  62,  March  19,  1904,  Sec.  1.  Ord.  87,  May  16,  1894,  Sec.  1. 

57.  It  shall  not  be  lawful  for  any  person  or  persons  toReiatmgto 
sell,  offer  for  sale,  expose  for  sale,  barter,  deliver  or  bring 
to  another,  or  have  on  his,  her  or  their  premises,  store, 
stall,  stand  or  vehicle,  or  in  or  upon  the  premises  of  any 
other  person  or  persons  whatsoever,  from  or  in  which  milk 
or  any  other  food  products,  or  any  tainted,  unsound,  rotten 
or  partly  decomposed  fish,  fruit  or  vegetables  or  meat,  or 
any  food  product  that  is  kept  fresh  by  salicylic  or  boracic 
acid  or  any  other  preservative. 


Ord.  62,  March  19,  1904,  Sec.  2. 

58.  It  shall  not  be  lawful  for  any  person  or  persons  to  unlawful  to 
secrete  or  remove,  or  assist  in  secreting  or  removing,  any  ofremove 
impure  or  unsound  food  products  as  above  specified,  after  after  con-  ^ 
the  same  shall  have  been  condemned  as  unsound  by  or  by 
the  authority  of  the  Commissioner  of  Health,  or  in  any 
way  to  impede  or  hinder  the  action  of  the  subordinates  of 
his  sub-department  in  confiscating  and  destroying  the 
aforesaid  impure  food  products  so  condemned  as  such;  but 
nothing  herein  contained  shall  be  taken  as  imposing,  upon 
the  said  Commissioner  of  Health  or  any  subordinate  of  his 
sub-department,  the  duty  or  expense  of  removing  the 
aforesaid  impure  food  products  so  condemned  as  such. 


Ord.  87,  May  16,  1894,  Sec.  2. 

59.  Only  pure,  unadulterated,  unsophisticated  and  of 
wholesome  milk  shall  be  sold  or  offered  for  sale  in  Baltimore 
city,  and  such  article  shall  be  understood  to  be  the  natural 
product  of  healthy  cows,  and  which  has  not  been  deprived 
of  any  part  of  its  cream,  and  to  which  no  additional  liquid 
or  solid  or  preservative  has  been  added,  and  which,  at  a 
temperature  of  sixty  degrees  Fahrenheit,  shall  have  a 
specific  gravity  of  not  less  than  1.029,  not  less  than  twelve 
(12)  per  cent,  of  total  solids,  and  not  less  than  three  (3) 
per  cent,  of  butter  fats.  All  milk  sold,  received,  kept, 


814 


HKALTH — ORDINANCES . 


[art.  14. 


Sale  of  skim- 
milk,  butter 
milk  not 
prevented. 


C.  of  H.  to 
inspect  and 
obtain 
samples  of 
foods. 


To  make  rules 
and 

regulations. 


Competent 
chemist  and 
inspectors 
of  food  to  be 
appointed. 


offered  for  sale,  or  delivered  in  the  city  of  Baltimore,  shall 
not  in  any  particular  be  under  the  standard  herein 
prescribed  without  being  considered  impure,  adulterated, 
sophisticated,  or  unwholesome.  Nothing  in  this  sub-divi- 
sion of  this  Article  shall  be  construed  to  prevent  the  sale  of 
skim-milk  or  buttermilk,  provided  they  be  sold  as  such, 
and  that  the  purchaser  be  in  every  instance  notified  of 
their  true  character. 


Ord.  87,  May  16,  1894. 

60.  It  shall  be  the  duty  of  the  Commissioner  of  Health 
to  carry  out  the  provisions  of  this  sub-division  of  this 
Article,  and  to  make  or  cause  to  be  made  inspections  of 
milk,  meats,  vegetables,  fruits  and  fish,  wherever  such 
articles  are  sold,  kept  or  offered  for  sale  in  the  city  of 
Baltimore,  and  to  obtain  samples  of  milk  and  all  other  food 
products  whose  qualities  are  to  be  determined  by  chemical 
or  microscopical  examination.  It  shall  also  be  the  duty  of 
the  Commissioner  of  Health  to  make  such  rules  and 
regulations  as  may  be  required  under  this  sub-division  of 
this  Article  for  the  better  protection  of  the  health  of 
the  city. 


Ord.  87,  May  16,  1894. 

61.  In  order  to  provide  for  the  additional  duties 
imposed  by  the  two  next  preceding  sections  of  this  Article 
upon  the  Commissioner  of  Health,  there  shall  be  appointed, 
pursuant  to  authority  conferred  by  the  City  Charter,  a 
competent  analytical  chemist  and  three  inspectors  of  food, 
who  shall  be  under  the  direction  of  the  Commissioner  of 
Health,  and  who  must  be  bona  fide  residents  and  registered 
voters  of  Baltimore  city  ; the  chemist  shall  be  a practical 
analyst  and  skilled  in  the  chemical  and  microscopic  exam- 
ination of  milk  and  other  food  products  ; he  shall  not  be  a 
member  of  or  interested  in  any  trust,  corporation  or 
company  dealing  in  food  products ; he  shall  make  such 
chemical  and  microscopical  examinations  as  will  be 
required  under  the  provisions  of  this  sub-division  of  this 


ART.  14.]  FOOD  sates  AND  INSPECTIONS — ORDINANCES. 


815 


Article  and  shall  report  the  result  of  all  such  examinations 
to  the  Commissioner  of  Health  ; he  shall  be  present  at  the 
hearing  and  trials  of  all  cases  wherein  he  shall  have  made 
an  examination.  The  specific  duties  of  each  food  inspector 
shall  be  determined  by  the  Commissioner  of  Health.  The 
salary  of  each  food  inspector  shall  be  one  thousand  dollars  Salary, 
per  annum. 


Ord.  87,  May  16,  1894. 

62.  The  term  food  product  as  used  in  the  five  next  Defining  terms 
preceding  sections  of  this  Article,  shall  be  construed  to  p?LeSng 
mean  any  natural  or  artificial  product,  that  with  or  without 
admixture,  preparation  or  cooking,  is  intended  to  be  taken 
into  the  human  stomach  by  way  of  food  and  not  as  a 
medicine ; provided  that  alcoholic  or  fermented  drinks  proviso, 
shall  not  be  classed  as  food  products  ; also,  that  the  term 
adulteration  shall  be  construed  to  mean  any  artificial 
addition  to  normal  constituents  ; and  the  term  sophistica- 
tion shall  be  construed  to  mean  the  substitution  of  one 
product  for  another,  or  any  abstraction  of  or  artificial 
change  in  the  normal  constituents,  provided  that  goods 
canned  according  to  the  rules  of  the  Canned  Goods 
Exchange  of  Baltimore  shall  not  be  considered  sophisti- 
cated ; and  the  term  unwholesome  shall  be  construed  to 
mean  deleterious  to  health,  or  liable  to  introduce,  cause  or 
increase  sickness,  or  impairment  or  derangement  of  the 
functions  of  the  human  body  by  the  temporary  or  continu- 
ous use  of  the  unwholesome  product ; and  the  term  impure 
shall  be  construed  to  mean  natural  change  or  decomposition 
of  normal  constituents,  or  absorption  of  or  commingling 
with  deleterious  gases,  liquids  or  solids  ; provided,  that  in 
a warrant,  indictment,  or  legal  paper  or  proceeding,  the  indictments 
term  impure  as  applied  to  a food  product  shall  be  a good  sub-d^ivSion. 
and  sufficient  description  of  the  term  adulterated, 
sophisticated,  unwholesome,  unsound,  tainted,  rotten, 
partly  decomposed  or  impure,  as  used  in  this  Article  or  of 
two  or  more  of  these  terms. 


816 


health — ORDINANCES . 


[art.  14. 


Ord.  87,  May  16,  1894,  Sec.  6,  Ord.  130,  July  9,  1894. 
Ord.  62,  March  19,  1904. 


Penalty  for 
violating  pro- 
visions of  five 
preceding 
sections. 


63.  Any  person  or  persons  who  violate,  disobey,  neglect 
or  refuse  to  comply  with  any  of  the  provisions  of  the  six 
next  preceding  sections  of  this  Article-  shall  be  subject  to 
a penalty  of  not  less  than  twenty  dollars  ($20)  nor  more 
than  one  hundred  dollars  ($100)  for  each  offence.. 


Peddling  Oysters. 

City  Code,  (1879)  Art.  23,  Sec.  42.  City  Code,  (1893)  Art.  23,  Sec.  59. 

^oyste?ffrom  shall  not  be  lawful  for  any  person  or  persons  to 

seXmber  pcddlo  oystors  through  any  of  the  streets,  lanes 

or  alleys,  of  the  city  of  Baltimore,  from  the  first  day  of 
June  to  the  fifteenth  day  of  September,  in  each  and  every 
year,  and  for  any  violation  of  the  provisions  of  this  section, 
the  person  or  persons  so  offending  shall  forfeit  and  pay  a 
penalty  of  twenty  dollars. 


MANUFACTORIES  INJURIOUS  AND  DANGEROUS 
TO  HEALTH. 

City  Code,  (1879)  Art.  23,  Sec.  54.  City  Code,  (1893)  Art.  23,  Sec.  75. 

"Chemical  or  65.  It  shall  not  be  lawful  for  any  person  or  persons  to 
preparation  manutacturo,  grind  or  prepare  any  chemical  or  mechanical 
or  roofing.  roofing  or  other  purposes  within  the  limits 

of  the  city  of  Baltimore,  whereby  a nuisance  is  created,  or 
likely  to  be  created,  injurious  to  the  health  of  any  person 
or  persons  residing  in  such  neighborhood  where  such 
articles  shall  be  manufactured,  ground  or  prepared  ; and  it 
. shall  be  the  duty  of  the  Commissioner  of  Health,  whenever 
complaint  shall  be  made  to  him  of  the  existence  of  any 
such  nuisance,  to  examine  into  the  same,  and  if  a nuisance 
really  exists,  injurious  to  the  health  of  the  neighborhood, 
or  whenever  he  shall  be  aware  of  the  same,  to  give  notice 
to  the  person  or  persons  offending  against  the  provisions 
of  this  section,  to  abate  said  nuisance  within  twelve  hours 
after  said  notice  shall  be  received ; and  any  person  or 
persons  who  shall  violate  the  provisions  of  this  section. 


ART.  14.]  MANUFAC TORIES  INJURIOUS  TO  HEALTH — ORDINANCES.  817 


shall  pay  a fine  of  twenty  dollars  and  a further  fine  of  ten 
dollars  for  each  day  they  shall  continue  to  violate  the  same, 
after  he  or  they  shall  receive  the  aforesaid  notice ; pro- 
vided, that  nothing  herein  contained  shall  be  deemed,  taken 
or  construed  so  as  to  prevent  the  heating  of  any  chemicals 
used  in  roofing,  at  the  time  and  place  said  chemicals  are  to 
be  used  as  aforesaid. 


City  Code,  (1879)  Art.  23,  Sec.  55.  City  Code,  (1893)  Art.  23,  Sec.  76. 

66.  It  shall  not  be  lawful  for  any  person  or  persons  to  composition 
erect,  establish,  rebuild,  or  continue  in  use,  any  composition 
roofing  manufactory  of  any  kind  whatever  within  the 
limits  of  the  city,  without  first  obtaining  the  sanction  of 
the  Mayor  and  City  Council  of  Baltimore  ; and  ten  days’ 
notice  immediately  preceding  the  application  to  the  Mayor 
and  City  Council  of  Baltimore,  shall  be  given  by  at  least 
four  insertions  in  two  or  more  of  the  daily  papers  of  the 
city,  setting  forth  the  purpose  of  said  application,  the 
street,  lane,  alley  or  court  and  square  of  ground  on  which 
the  establishment  is  to  be  put  up  ; and  every  person  or 
persons  violating  this  section  shall  be  subject  to  the  penalty 
of  twenty  dollars,  and  ten  dollars  for  each  and  every  day 
the  same  shall  remain  thereafter. 


City  Code,  (1879)  Art.  23,  Sec.  56.  City  Code,  (1893)  Art.  23,  Sec.  77. 

67.  It  shall  not  be  lawful  for  any  person  or  persons  tocopai,  varnish 
erect,  establish  or  rebuild  any  distillery  for  the  manufacture 
of  copal  varnish,  nor  any  factory  for  the  boiling  or  grind- 
ing of  bones  within  the  city  limits,  without  having  first 
obtained  the  consent  of  the  Mayor  and  City  Council  of 
Baltimore. 


City  Code,  (1879)  Art.  23,  Sec.  57.  City  Code,  (1893)  Art.  23,  Sec.  78. 

68.  For  a violation  of  any  of  the  provisions  of  the  next  p^^aity 
preceding  section,  the  party  or  parties  so  offending  shall 
forfeit  and  pay  a fine  of  twenty  dollars  for  each  and 
every  offence  ; and  twenty  dollars  a day  for  every  day  it 
may  remain  in  operation  after  the  first  offence. 


818 


HEALTH — ORDINANCES . 


[art.  14. 


City  Code,  (1879)  Art.  23,  Sec.  58.  City  Code,  (1893)  Art.  23,  Sec.  79. 

lS?tmefy,  No  person  or  persons  shall  erect,  establish  or  re- 

o??toSwJrl  build  any  distillery  of  spirits  of  turpentine  or  varnish,  or 
any  manufactory  of  earthenware  or  of  stoneware  or  carry 
on  in  any  building,  erection  or  place,  which  shall  not  have 
been  already  legally  used  for  such  distillation  or  business, 
and  for  no  other  purpose  at  any  intervening  time,  the  dis- 
tilling of  any  spirits  of  turpentine  or  varnish,  or  the 
business  of  manufacturing  earthenware,  or  stoneware, 
within  the  limits  of  the  city,  under  the  penalty  of  two 
hundred  dollars,  and  the  further  sum  of  five  dollars  for 
each  and  every  day  of  the  continuance  of  such  distillery  or 
manufactory,  or  of  the  so  carrying  on  of  such  distillery  or 
business. 

Glenn  v.  Mayor,  5 G.  & J.  424. 


City  Code,  (1879)  Art.  23,  Sec.  59.  City  Code,  (1893)  Art.  23,  Sec.  80. 

Soap  and  70.  It  shall  not  be  lawful  to  erect  or  use  any  house  or 

building  as  a soap  or  candle  manufactory  within  the  limits 
of  the  city,  without  the  consent  of  the  Mayor  and  City 
Council  of  Baltimore,  under  the  penalty  of  two  hundred 
dollars,  and  the  further  sum  of  fifty  dollars  for  each  and 
every  month  thereafter,  until  the  same  be  removed  out  of 
said  limits  or  pulled  down. 


City  Code,  (1879)  Art.  23,  Sec.  60.  City  Code,  (1893)  Art.  23,  Sec.  81. 

Notice  of  appli-  71.  All  applications  for  permission  to  erect  soap  or 

permu.  candlc  manufactories,  within  the  corporate  limits,  shall  be 
published  three  times  a week,  in  two  or  more  daily  papers 
in  the  city,  two  weeks  previous  to  making  such  application; 
all  expenses  of  such  publication  to  be  paid  by  the  party  or 
parties  making  such  application. 

City  Code,  (1879)  Art.  23,  Sec.  61.  City  Code,  (1893)  Art.  23,  Sec.  82. 

^chfSoai^  72.  No  person  or  persons  shall  erect,  establish  or  re- 
build  within  the  city  limits,  any  mill  that  is  used  for  the 
purpose  of  pulverizing  charcoal,  without  first  obtaining 


ART.  14.]  MANUFACTORIES  INJURIOUS  TO  HEARTH ORDINANCES.  819 


the  permission  of  the  Mayor  and  City  Council  of  Balti- 
more, under  a penalty  of  twenty  dollars  for  each  and 
€very  week  it  shall  so  remain. 


City  Code,  (1879)  Art.  23,  Sec.  62.  City  Code,  (1893)  Art.  23,  Sec.  83. 

73.  It  shall  not  be  lawful  for  any  person  or  persons,  or  Red  or  yellow 
any  corporation,  to  erect  or  establish  any  manufactory  of 
red  or  yellow  ochre,  or  any  other  kinds  of  earth  of  which 
red  or  yellow  paint  is  made,  within  the  limits  of  the  city, 
unless  by  unanimous  consent  in  writing  of  the  persons 
holding  property  within  two  hundred  yards  thereof,  under 
the  penalty  of  one  hundred  dollars,  and  a further  sum  of 
twenty  dollars  for  each  and  every  day,  thereafter,  until 
the  said  manufactory  be  removed. 


City  Code,  (1879)  Art.  23,  Sec.  63.  City  Code,  (1893)  Art.  23,  Sec.  84. 

74.  It  shall  not  be  lawful  for  any  person  or  persons  or  certain  pro- 
corporation  to  manufacture  or  prepare,  except  in  chemical  ufacture™^’ 
laboratories  already  established,  the  following  articles,  or 
any  of  them,  to  wit : oil  of  vitriol  or  sulphuric  acid,  nitric 
acid  or  aqua  fortis,  muriatic  acid,  crude  ammonia,  ivory 
black,  alum,  chloride  of  lime  or  bleaching  salts,  pigments 
of  lead,  or  any  other  manufacture  or  preparation,  in  the 
process  of  which  it  is  necessary  to  burn  horns,  blood,  bones 
or  other  animal  substances  within  the  limits  of  the  city, 
unless  the  consent  in  writing  of  all  the  holders  of  property 
within  six  hundred  feet  of  such  manufactory  be  first  had 
and  obtained  under  a penalty  of  twenty  dollars  for  every 
day  during  which  such  manufacture  or  preparation  shall 
continue. 


City  Code,  (1879)  Art.  23,  vSec.  64.  City  Code,  (1893)  Art.  23,  Sec.  85. 

75.  It  shall  not  be  lawful  for  any  person  or  persons  to  couon  wad- 
erect  or  establish,  within  the  city  limits,  any  manufactory  for  ani^blts.® 
the  manufacturing  of  cotton  wadding,  cotton  laps  or  bats, 
and  any  person  or  persons  violating  this  section  shall  be 
subject  to  a penalty  of  ten  dollars,  and  a further  sum  of 
five  dollars  for  each  and  every  day  such  violation  shall 
continue. 


820 


HEAI.TH — ORDINANCES . 


[art.  14. 


Moulding  cla 
burning  bri( 
or  tile. 


Prohibited 
works  and 
factories. 


Stockyards. 


Penalty. 


What  bodies 
shall  be  de- 
posited 
therein . 


City  Code,  (1879)  Art.  23,  Sec.  65.  City  Code,  (1893)  Art.  23,  Sec.  86. 

7 6.  It  shall  not  be  lawful  for  any  person  or  persons  to 
prepare  or  mould  any  clay  or  any  other  substance,  for  or 
to  make  or  burn  any  brick  or  tile,  or  any  similar  manufac- 
ture within  the  limits  of  the  city  without  first  obtaining- 
the  permission  of  the  Mayor  and  City  Council  of  Baltimore, 
and  giving  ten  days’  notice  of  his  or  their  intended  appli- 
cation for  such  permission,  by  at  least  four  insertions  in 
two  or  more  of  the  daily  newspapers  of  the  city,  specifying 
the  lot  of  ground  or  premises  on  which  said  clay  or  other 
substance  is  to  be  prepared  or  moulded,  or  such  brick  is  to 
be  made  or  burned  ; and  every  offender  against  the  pro- 
visions of  this  section  shall  forfeit  and  pay  the  sum  of  one 
hundred  dollars  for  the  first  offence  and  the  further  sum 
of  twenty  dollars  for  each  and  every  day  thereafter, 
during  the  continuance  of  such  preparing  or  moulding, 
making  or  burning. 


Ord.  183,  May  25,  1893.  City  Code,  (1893)  Art.  23,  Sec,  86  A. 

77.  No  person  or  persons  shall  hereafter  erect  or 
establish  within  the  city  limits,  any  poudrette  works,  glue 
factories  or  establishment  for  the  purpose  of  rendering 
grease  or  dead  animals,  or  animal  offal,  or  stockyards  for 
receiving,  feeding  and  offering  for  sale  livestock,  under  a 
penalty  of  five  hundred  dollars,  and  the  further  sum  of  one 
hundred  dollars  for  each  and  every  day  said  person  or 
persons  neglect  or  refuse  to  comply  with  the  requirements 
of  this  section. 


MORGUE. 

Ord.  156,  July  9,  1890.  City  Code,  (1893)  Art.  23,  Sec.  199. 

78.  The  morgue  shall  be  used  for  the  reception  and 
preservation  for  identification  of  the  bodies  of  unknown 
persons  dying  within  the  limits  of  the  city  of 
Baltimore,  and  such  other  bodies  as  may  be  directed  to 
be  placed  therein  by  the  coroners  of  Baltimore  city,  except 
bodies  which  may  be  so  far  decomposed  as  to  be  beyond 
the  probability  of  recognition,  and  the  bodies  of  those  who 
may  have  died  of  contagious  diseases. 


ART.  14.] 


MORGUE— ORDINANCES. 


821 


Ord.  156,  July  9,  1890.  City  Code,  (1893)  Art.  23,  Sec.  200. 

79.  All  bodies  not  identified  and  claimed  shall  remain  how  long  to 

remain. 

in  the  morgue  or  dead-house  for  at  least  one  day,  or  for 
such  a length  of  time  as  the  Commissioner  of  Health  may 
deem  proper  and  necessary. 


Ord.  156,  July  9,  1890.  City  Code,  (1893)  Art.  23,  Sec.  201. 

80.  A room  shall  be  provided  in  the  morgue  for  the  preservation  of 

/.111  1 /TT.  /.  I*  clothing  and 

preservation  of  the  clothing  and  effects  for  purposes  of  effect  of  de- 
identification of  all  deceased  persons  buried  therefrom, 
which  clothing  and  effects  shall  be  carefully  numbered  and 
retained  for  twelve  months,  after  which  time  it  shall  be 
disposed  of  by  the  coroners,  according  to  the  requirements 
of  section  297,  Article  IV,  of  the  Code  of  Public  Local 
Laws. 


Ord.  2,  February  5,  1891.  City  Code,  (1893)  Art.  23,  Sec.  202. 

81.  The  Commissioner  of  Health  shall  appoint  a superintend- 
superintendent  of  the  morgue  who  shall  be  a practical  morgue, 
undertaker. 


Ord.  2,  February  5,  1891.  City  Code,  (1893)  Art.  23,  Sec.  203. 

82.  The  superintendent  of  the  morgue,  so  appointed.  His  bond, 
shall  before  entering  upon  the  duties  of  his  office  as  here- 
inafter prescribed,  give  a good  and  sufficient  bond,  with 
sureties  to  be  approved  by  the  Mayor,  in  the  penal  sum  of 

one  thousand  dollars  ($1,000)  to  the  Mayor  and  City 
Council  of  Baltimore,  for  the  faithful  performance  of  said 
duties. 

Ord.  2,  February  5,  1891.  City  Code,  (1893)  Art.  23,  Secs.  205,  206. 

83.  The  Commissioner  of  Health  shall  have  general  Rules  and 
charge  of  the  morgue  and  is  directed  and  empowered  to  of^he^ 
make  all  rules  and  regulations  necessary  for  the  proper 
government  and  conduct  of  the  morgue,  and  for  the  care 

and  delivery  of  the  bodies  and  effects  of  deceased  persons 
received  therein,  and  it  shall  be  the  duty  of  the  superin-  supenntend- 
tendent  of  the  morgue  to  observe  and  enforce  such  rules 
and  regulations. 


822 


HK  AI^TH — ORDINANCES . 


[art.  14. 


Commissioner 
of  Health  to 
inspect  all 
lots,  grounds 
etc. 


To  have  nuis- 
ances abated. 


Misdemeanor 
and  penalty. 


NUISANCES  AND  PREVENTION  OF  DISEASE. 

Abatement  of  Nuisances. 


City  Code,  (1879)  Art.  23,  Secs.  14,  15.  City  Code,  (1893)  Art.  23, 
Secs.  23,  24.  Ord.  57,  March  17,  1904. 

84.  It  shall  be  the  duty  of  the  Commissioner  of  Health 
.to  carefully  inspect  all  lots,  grounds,  suspected  cellars, 
premises,  possessions,  streets,  lanes  and  alleys  within  the 
city  of  Baltimore;  and  whenever  he  shall  be  of  opinion 
that  any  of  said  lots,  grounds,  suspected  cellars,  premises, 
possessions,  streets,  lanes  and  alleys  within  the  city  are  in 
a state  of  nuisance,  or  in  such  a condition  that  in  warm  or 
unhealthy  seasons  a nuisance  may  be  thereby  created  and 
the  health  of  the  citizens  endangered,  it  shall  be  his  duty, 
and  he  is  directed,  to  notify  the  owner  or  owners,  occupier 
or  occupiers,  of  the  property  fronting  on  such  streets, 
lanes  and  alleys,  or  his,  her  or  their  agents,  to  have  said 
nuisance,  or  cause  of  said  nuisance  removed  and  abated 
within  the  time  and  in  the  manner  prescribed  in  said 
notice;  and  if  the  said  owner  or  owners,  occupier  or 
occupiers,  his,  her  or  their  agents,  shall  neglect  or  refuse 
to  comply  with  the  terms  of  said  notice,  the  Commissioner 
of  Health,  upon  the  expiration  of  the  time  set  out  in  the 
notice,  is  hereby  directed  and  empowered  to  remove  the 
said  nuisance,  or  cause  of  said  nuisance,  at  the  expense  of 
said  owner  or  owners,  occupier  or  occupiers;  and  the  cost 
of  removing  said  nuisance,  or  cause  of  said  nuisance,  may 
be  recovered  by  the  Commissioner  of  Health  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore  from  the  said 
owner  or  owners,  occupier  or  occupiers,  by  suit  if  neces- 
sary; and,  in  addition  thereto,  the  said  owner  or  owners, 
occupier  or  occupiers,  who  shall  neglect  and  refuse  to 
comply  with  the  terms  and  conditions  of  said  notice,  shall 
be  guilty  of  a misdemeanor,  and  upon  conviction  shall  be 
subject  to  a fine  of  not  less  than  ten  dollars,  ($10)  nor 
more  than  one  hundred  dollars  ($100). 

Mayor,  etc.,  v.  Hughes,  1 G.  & J.  480.  King  v.  Hamill,  97  Md.  103. 


ART.  14]  REMOVAL  OF  NUISANCES— ORDINANCES. 


823 


City  Code,  (1879)  Art.  23,  Sec.  16.  City  Code,  (1893)  Art.  23,  Sec.  25. 

85.  In  case  no  agent,  occupier  or  owner  can  be  found 
on  whom  to  serve  the  notice  prescribed  in  the  next  preced- 
ing  section,  the  Commissioner  of  Health  is  hereby  author- 
ized after  giving  five  days^  public  notice  in  one  or  more  of 
the  daily  newspapers  published  in  the  city,  to  have  any 
nuisance  or  cause  of  nuisance  removed  at  the  expense  of 
the  city  in  the  first  instance,  and  the  City  Register  shall 
keep  an  account  of  the  expenses  incurred,  to  be  recovered 
from  the  owner  when  ascertained  and  found. 


Removal  of  Nuisances."^ 

City  Code,  (1879)  Art.  23,  Sec.  20.  City  Code,  (1893)  Art.  23,  Sec.  36. 

86.  Whenever  the  Commissoner  of  Health,  in  pi’oceed-^?^ry.°«ad-^ 
ing  to  remove  nuisances,  shall  discover  that  the  nuisance 
complained  of  originates  on  an  adjoining  lot  or  lots,  it  shall 

be  his  duty  to  enter  thereon,  and  the  owner  or  owners, 
occupier  or  occupiers  of  such  lots  or  his,  her  or  their  agents, 
on  neglect  or  refusal  to  remove  such  cause  of  nuisance 
after  notice  from  said  commissioner,  shall  forfeit  and  pay 
for  every  such  neglect  or  refusal  the  sum  of  twenty  dollars. 

City  Code,  (1879)  Art.  23,  Sec.  21.  City  Code.  (1893)  Art.  23,  Sec.  37. 

87.  If  there  be  no  owner,  occupier,  or  agent  of  owner.  Notice -what 
of  any  lot  or  premises  upon  whom  such  notice  can  be  cfenJnotkf!" 
served,  notice  shall  be  deemed  in  all  respects  sufficient,  if 
exposed  in  some  open  way  upon  the  lot  or  premises  to 

which  it  refers. 


City  Code,  (1879)  Art.  23,  Sec.  22.  City  Code,  (1893)  Art.  23,  Sec.  38. 

88.  It  shall  be  the  duty  of  the  Commissioner  of  Health 
to  carry  into  effect  the  provisions  of  sections  84  to  87, 
inclusive,  of  this  Article,  and  in  all  cases  embraced  within 


*Note:  As  to  what  constitutes  a nuisance,  see, — King  v.  Hamill,  97 

Md.  103. 

See  also,  digest  of  cases  under  section  6,  City  Charter,  sub-title. 
General  Powers,  sub-division  “HEALTH”,  ante,  pp.  53-57,  inclusive. 


824 


HKAI.TH — ORDINANCES . 


[art.  14. 


Notice  to  non- 
resident 
owners. 


Charges  for  re- 
moving nuis- 
ances, cost  of 
removing 
nuisances  to 
be  lien  on 
property. 


Collection 

thereof. 


Expenses  of 
removing 
nuisances; 
when  prop- 
erty may  be 
sold  to  pay 
same. 


the  operation  of  said  sections,  when  there  is  no  occupier  of 
the  property,  and  the  owner  or  agent  thereof  does  not 
reside  in  the  city  of  Baltimore,  to  give  notice  in  one  or 
more  of  the  newspapers  published  in  the  city  of  Baltimore, 
for  such  time  as  they  may  consider  reasonable,  requiring 
such  owner  or  agent  to  remove  the  nuisance  to  be  mentioned 
in  said  notice,  by  some  day  therein  fixed,  and  upon 
failure  to  comply  with  such  notice,  the  said  nuisance  shall 
be  removed  under  the  direction  of  the  said  Commissioner 
of  Health. 


City  Code,  (1879)  Art.  23,  Sec.  23.  City  Code,  (1893)  Art.  23,  Sec.  39. 

89.  After  the  Commissioner  of  Health  has  completed 
the  removal  of  nuisances  in  the  way  contemplated  by  the 
provisions  of  this  sub-division  of  this  Article  and  the  amount 
of  penalty  incurred,  or  the  amount  of  expenses,  including 
the  cost  of  advertising,  to  which  the  corporation  has  been 
put  by  said  removal  shall  be  unpaid,  the  said  expenses  and 
penalty  shall  forthwith  become  a lien  upon  the  entire  lot 
or  premises  from  which  the  nuisance  may  have  been 
removed;  and  when  judgment  in  due  course  of  time  shall 
have  been  obtained  for  said  amount,  or  any  one  of  them, 
against  the  owner  or  owners  of  the  premises,  the  property 
shall  be  sold  under  due  legal  process. 


City  Code,  (1879)  Art.  23,  Sec.  24.  City  Code,  (1893)  Art.  23,  Sec.  40. 

90.  If  any  property  chargeable  as  aforesaid  shall  be 
owned  by  any  person  or  persons  not  resident  within  the 
limits  of  the  State  of  Maryland,  it  shall  be  the  duty  of  the 
Commissioner  of  Health  to  expose  for  sale  and  sell  the 
same  at  public  auction  to  the  highest  bidder  for  cash; 
provided,  that  before  the  Commissioner  of  Health  shall 
proceed  to  sell  as  aforesaid,  he  shall  give  notice  of  such 
sale  in  three  of  the  daily  newspapers  of  the  city,  together 
with  a particular  description  of  the  property  proposed  to 
be  sold,  by  advertisement  published  twice  a, week  for  three 
successive  weeks,  and  they  shall  deduct  from  the  proceeds 
of  said  sale  all  costs,  charges  and  expenses  attendant 


ART.  14.]  RKMOVAT  OF  NUISANCES — BONES — ORDINANCES. 


825 


thereon,  as  well  as  the  amount  of  penalties  or  expenses 
for  removal  of  nuisances  in  arrear,  and  place  the  balance 
in  the  city  treasury  to  the  credit  of  the  owner  of  the 
ground,  or  such  other  party  as  may  be  legally  entitled  to 
receive  it. 


City  Code,  (1879)  Art.  23,  Sec.  25.  City  Code,  (1893)  Art.  23,  Sec.  41. 

91.  Whenever  any  person  or  persons  shall  be  in  actual 
possession  of,  or  have  charge,  care  or  control  of,  any  ers. 
property  within  the  city,  as  executor,  executrix  or  execu- 
tors, administrator,  administratrix  or  administrators, 
trustee  or  trustees,  guardian  or  guardians,  agent  or  agents, 
such  person  or  persons  shall  be  deemed  and  taken  to  be 
the  owner  or  owners  of  such  property,  within  the  true 
intent  and  meaning  of  the  several  ordinances  of  the  city, 
and  shall  be  bound  to  remove  all  nuisances  from  such 
property,  and  to  comply  with  all  the  provisions  of  this 
Article  and  any  ordinance  of  the  city  in  relation  to  the 
health  of  the  city,  so  far  as  the  same  may  effect  such 
property,  in  the  same  manner,  and  under  the  same  penal- 
ties, fines  and  forfeitures,  as  if  such  person  or  persons 
were  actually  the  owner  or  owners  of  such  property,  and 
notice  to  any  such  person  or  persons  of  any  order  of  the 
Commissioner  of  Health,  shall  be  deemed  and  taken  to  be 

as  good  and  sufficient  notice  as  if  such  person  or  persons 
were  actually  the  owner  or  owners  of  such  property. 

Bones. 

City  Code,  (1879)  Art.  23.  Sec.  39.  City  Code,  (1893)  Art.  23,  Sec.  56. 

92.  None  of  the  provisions  of  this  sub-division  of  this  Bone  dealers. 
Article  shall  be  construed  to  prohibit  dealers  in  bones  from 
purchasing  the  same,  and  depositing  the  same  on  such 
premises  as  the  said  dealers  may  occupy  and  use  for  that 
purpose ; provided,  however,  that  green  bones,  or  such  as 

have  flesh  or  fatty  matter  on  them,  shall  not  be  kept  by 
any  dealer  in  them  having  his  place  of  deposit  within  the 
city  limits,  longer  than  twelve  hours  ; provided  also,  that  Provisoes 
this  privilege  shall  not  extend  to  bones  of  any  kind  giving 
forth  an  offensive  odor. 


826 


HK  AI.TH — ORDIN  ANCKS . 


[art.  14. 


Cellars. 

City  Code,  (1879)  Art.  23,  Sec.  17.  City  Code,  (1893)  Art.  23,  Sec.  33. 

Commissioner  93.  Whenever  the  Commissioner  of  Health  shall  have 

may  enter 

premises  for  cause  to  suspect  that  a nuisance  exists  in  any  house,  cellar 
or  enclosure,  he  may  demand  entry  therein  in  the  day 
time,  and  if  the  owner  or  occupier  shall  refuse  or  delay 
to  open  the  same  and  admit  a free  examination,  he  shall 
forfeit  and  pay  for  every  such  refusal  the  sum  of  twenty 
dollars. 


City  Code,  (1879)  Art.  23,  Sec.  28.  City  Code,  (1893)  Art.  23,  Sec.  44. 

‘^mad?S?ound.  94.  All  Cellars  and  vacancies  under  stores,  warehouses 
and  dwellings,  shall,  when  deemed  necessary  by  the  Com- 
missioner of  Health,  be  filled  up  with  sound  materials  and 
paved  with  hard  bricks  or  stones ; and  when  deemed 
expedient  by  him,  the  lots  thereto  appertaining  shall  be 
filled  up  above  the  level  of  the  street,  so  as  to  prevent  the 
lodgment  of  water  on  the  premises. 

Dead  Animals,  etc. 

Ord.  183,  May  25,  1893.  City  Code,  (1893)  Art.  23,  Sec.  86B. 

Removal  of  95.  All  dead  animals  shall  be  removed  within  twelve 
anima  s.  after  notice  from  the  Commissioner  of  Health,  and 
all  dead  horses,  mules,  cattle,  sheep  or  hogs  shall  be  re- 
moved only  in  covered  or  enclosed  vans  or  wagons,  so  that 
said  animals  shall  not  be  visible  ; and  any  person  offending 

Penalty.  against  this  section  shall  forfeit  and  pay  a sum  not 
exceeding  twenty  dollars. 


Deposits  on  Vacant  Lots  and  Premises. 

City  Code,  (1879)  Art.  23,  Sec.  35.  City  Code,  (1893)  Art.  23,  Sec.  52. 

S^ilsaice^Sn  It  shall  not  be  lawful  for  any  person  or  persons  to 

deposit  on  any  lot  within  the  city  limits,  any  manure  or 
nuisance  of  any  kind,  without  the  consent  of  the  owners 
or  occupiers  of  the  lots  adjoining  said  lot  be  first  procured 
and  filed  in  the  office  of  the  Commissioner  of  Health,  under 


ART.  14.]  DRAINING  LOW  GROUND  — ORDINANCES. 


827 


a penalty  of  five  dollars  for  each  and  every  offence,  and 
five  dollars  for  each  and  every  day  said  nuisance  may 
remain. 


City  Code,  (1879)  Art,  23,  Sec.  36.  City  Code,  (1893)  Art.  23,  Sec.  53. 

97.  No  person  or  persons  shall  be  allowed  to  deposit  cleanings  of 

, . , . , . , , slaughter 

upon  his  or  her  premises,  or  any  other  premises  or  lot,  houses,  etc. 
within  the  city  limits,  the  cleanings  of  any  slaughter' 
house,  fish  dealer^ s house  or  yards,  or  any  other  branch  of 
trade  making  filth,  for  any  purpose  whatsoever  ; nor  shall 
any  person  or  persons  be  allowed  to  receive  or  deposit 
upon  his  or  her  premises,  within  the  city  limits,  any  dead 
animal  or  part  or  parts  thereof,  or  green  bones,  fish  or 
crabs,  or  any  other  offensive  articles,  under  a penalty  of 
not  less  than  five  dollars,  nor  more  than  twenty  dollars  for 
each  and  every  offence. 

City  Code,  (1879)  Art.  23,  Sec.  37.  City  Code,  (1893)  Art.  23,  Sec.  54. 

98.  No  person  or  persons  shall  be  permitted  to  remove  Removal  of 
any  such  things,  enumerated  in  the  next  preceding  section, 

from  his,  her  or  their  premises,  to  any  other  premises 
within  the  city  limits,  under  a penalty  of  five  dollars  for  penalty, 
each  offence. 


City  Code,  (1879)  Art.  23,  Sec.  38.  City  Code,  (1893)  Art.  23,  Sec.  55. 

99.  Any  person  or  persons  living  outside  of  the  city.  Not  to  bring 
who  shall  bring  any  of  the  filth  mentioned  in  section  97  of 
this  Article,  and  deposit  the  same  on  any  premises  within 
the  city  limits,  shall  be  subject  to  a fine  of  five  dollars.  Penalty. 


Draining  Low  Grounds. 

City  Code,  (1879)  Art.  23,  Sec.  19.  City  Code,  (1893)  Art.  23,  Sec.  35. 

100.  The  Commissioner  of  Health  is  hereby  empowered  Draining  low 
and  required  to  substitute  draining  in  low  grounds,  instead 
of  filling  them  up,  in  all  instances  where,  in  his  opinion 
the  draining  will  as  effectually  answer  the  intended 
purpose. 


828 


health— ORDINANCES. 


[art.  14. 


Expectoration 
on  sidewalks, 
in  public 
buildings, 
cars  or  depots 
prohibited. 


Notices  forbid- 
ding same  to 
be  posted. 


Provide 

receptacles. 


Clean  and  dis- 
infect same. 


Expectorating. 

Ord.  16,  March  3,  1898.  Ord.  201,  February  21,  1905. 

101.  It  shall  not  be  lawful  for  any  person  to  expecto- 
rate or  spit  in  or  upon  any  paved  sidewalk  or  footpath  of 
.any  public  street,  avenue  or  public  square  in  the  city  of 
Baltimore,  or  in  or  upon  any  part  of  any  public  building 
under  the  control  of  the  Mayor  and  City  Council  of  Balti- 
more City,  or  upon  the  floor,  platform  or  steps  of  any 
street,  railway  car  or  other  public  vehicle  carrying  passen- 
gers for  hire,  or  upon  the  floor  of  any  depot  or  station  or 
upon  the  station  platform  or  stairs  of  any  elevated  railroad 
or  other  common  carrier,  or  upon  the  floor  or  steps  of  any 
theatre,  store,  factory  or  any  building  which  is  used  in 
common  by  the  public,  or  upon  the  floor  of  any  hall  or 
office,  in  any  hotel  or  lodging  house  which  is  used  in 
common  by  the  guests  thereof. 


Ord.  201,  February  21,  1905. 

102.  The  corporations  or  persons  owning  or  having  the 
management  or  control  of  any  such  street  railway,  cars  or 
public  vehicles  carrying  passengers  for  hire,  theatres, 
stores,  factories  or  buildings  which  are  used  by  the  public 
in  common,  depots,  stations,  station  platforms  or  stairs  of 
any  elevated  railroad  or  other  common  carrier,  hotel  or 
lodging  house  shall  keep  permanently  and  conspicuously 
posted  in  each  of  said  places,  a sufficient  number  of  notices 
forbidding  spitting  upon  the  floors,  and  calling  attention 
to  the  provisions  of  the  next  preceding  section. 


Ord.  201,  February  21,  1905. 

103.  The  corporations  or  persons  owning  or  having  the 
management  or  control  of  such  theatres,  stores,  factories 
or  buildings  which  are  used  by  the  public  in  common, 
depots,  stations,  station  platforms  or  stairs  of  any  elevated 
railroad  or  other  common  carrier,  hotels  and  lodging 
houses,  shall  provide  sufficient  and  proper  receptacles  for 
expectoration,  and  also  provide  for  the  cleaning  and  disin- 
fection of  said  receptacles  at  least  once  every  twenty-four 
hours. 


829 


ART.  14.]  TENEMENT  AND  DODGING  HOUSES — ORDINANCES. 

Ord.  201,  February  21,  1905. 

104.  Any  person  violating  any  of  the  provisions  of  the 
three  next  preceding  sections  of  this  Article  shall  on  con- 
viction thereof,  be  fined  in  any  sum  not  less  than  one 
dollar  ($1)  and  not  more  than  five  dollars  ($5)  for  the  first 
offence,  and  in  any  sum,  not  less  than  five  dollars  ($5)  and  pe„aity. 
not  more  than  ten  dollars  ($10)  for  each  and  every  subse- 
quent violation  of  the  provisions  of  said  three  sections. 


Tenement  and  Lodging  Houses. 

Ord.  79,  June  4,  1886.  City  Code,  (1893)  Art.  23,  Sec.  31. 

105.  Every  tenement  or  lodging-house,  and  every  part  cleanliness  re- 
thereof,  shall  be  kept  clean  and  free  from  any  accumula- 
tion  of  filth,  garbage,  or  other  matter,  in  or  on  the  same 
or  in  the  yard,  court,  area,  passage  or  alley  connected  with 
or  belonging  to  the  same ; the  owner  or  lessee  of  any 
lodging  or  tenement-house  shall  thoroughly  cleanse  all  the 
rooms,  passages,  stairs,  floors,  windows,  doors,  walls, 
ceilings  and  privies,  to  the  satisfaction  of  the  Commissioner 
of  Health,  as  often  as  shall  be  required  by  the  Commis- 
sioner of  Health,  and  shall  also  whitewash  the  walls  and  walls  and 
ceilings  thereof  at  least  once  in  each  year ; all  tenement 
and  lodging-houses  shall  be  duly  registered  with  the  Com-  Registry  of 
missioner  of  Health  by  the  owners  or  keepers  of  the  same,  houses!”^' 


Ord.  79,  June  4,  1886.  City  Code,  (1893)  Art.  23,  Sec.  32. 

106.  Any  person  or  persons,  owner  or  owners  agent  or  penalties, 
lessee,  of  any  tenement  or  lodging-house  violating  any  of 
the  provisions  of  the  next  preceding  section,  shall  be  sub- 
ject to  a fine  or  penalty  of  twenty  dollars,  and  a further 
fine  of  five  dollars  for  every  day  thereafter  that  he,  or  she, 
or  they,  neglect  to  comply  therewith. 


Ord.  54,  April  10.  1896. 

107.  It  shall  be  unlawful  to  burn  any  garbage  or  refuse  Burning  &ar- 
matter  of  any  kind  on  or  in  the  vicinity  of  any  of  the  ash  Sumps! 


830 


HEALTH — ORDINANCES . 


[art.  14- 


Penalty. 


Restricting  re 
moval  of  gar 
bage,  offal, 
etc. 


Permit  for  re- 
moval to  be 
granted. 


Violations, 


Dumping  rub- 
bish on  pri- 
vate property. 


or  garbage  dumps  in  the  city  of  Baltimore,  under  a penalty 
of  five  dollars  ($5)  for  each  and  every  violation  of  this 
section. 


Ord.  58,  March  17,  1904. 

108.  No  person  except  the  employes  of  the  city  of 
Baltimore,  engaged  in  public  work,  or  persons  under  con- 
tract with  the  city  of  Baltimore  engaged  in  public  work, 
shall  convey  any  garbage,  house  offal  or  other  refuse, 
animal  or  vegetable  matter  through  any  street,  lane,  road, 
alley  or  public  highway  of  the  city  of  Balimore,  without 
having  first  obtained  a permit  so  to  do  from  the  Commis- 
sioner of  Health ; after  obtaining  said  permit,  it  shall  be 
lawful  for  the  licensee  named  in  such  permit  to  convey 
such  garbage,  house  offal,  or  other  refuse,  animal  or 
vegetable  matter,  in  accordance  with  the  terms  and  condi- 
tions of  said  permit,  but  in  no  other  manner. 


Ord.  58,  March  17,  1904. 

109.  The  Commissioner  of  Health  may,  in  his  discretion, 
grant  the  permit  referred  to  in  the  next  preceding  section 
of  this  Article,  whenever  in  his.  judgment  the  public  health 
will  not  suffer  thereby  ; and  the  Commissioner  of  Health  is 
authorized  at  any  time  when  in  his  judgment,  the  public 
health  will  suffer  by  the  continuance  of  any  permit  so 
granted  by  him,  to  revoke  the  same. 


Ord.  58,  March  17,  1904. 

110.  Any  person  or  persons  violating  the  provisions  of 
the  two  next  preceding  sections  of  this  Article,  shall  be 
liable  to  a fine  of  two  dollars  ($2)  for  each  offence. 


Ord.  38,  April  5,  1881.  Cit}^  Code,  (1893)  Art.  23,  Sec.  62. 

111.  It  shall  be  unlawful  for  any  person  or  persons  to 
dump  any  earth,  dirt,  sand,  ashes,  garbage,  gravel,  rocks, 
refuse  or  other  matter,  upon  any  private  property  in  the 
city  of  Baltimore,  without  permission  therefor  from  the 
owner  or  owners  thereof,  or  their  agent. 


ART.  14.]  GRAVES — HYDRANTS— ORDINANCES. 


831 


Ord.  38,  April  5,  1881.  City  Code,  (1893)  Art.  23,  Sec.  63. 

112.  Any  person  or  persons  who  shall  violate  the  pro- penalty, 
visions  of  the  next  preceding  section,  or  authorize  any 
violation  thereof  by  his  or  their  employes  or  agents,  shall 
be  subject  to  a fine  of  five  dollars  for  each  and  every  such 
offence. 


Graves. 

Ord.  72,  May  17,  1895. 

113.  All  graves  which  may  hereafter  be  dug  in  any 
cemetery  or  burial  ground  within  the  city  of  Baltimore  graves, 
shall  be  of  the  depth  of  at  least  four  feet  six  inches  ; and 
any  person  or  persons  employed  for  such  purpose  who  shall 
refuse  or  neglect  to  dig  any  such  grave  of  the  said  depth 
shall  forfeit  and  pay  for  each  and  every  offence  the  sum  of 
twenty  dollars  ($20) . 


Hydrants. 

City  Code.  (1879)  Art.  23,  Sec.  26.  City  Code,  (1893)  Art.  23.  Sec.  42. 

114.  Whenever  the  Commissioner  of  Health  shall  dis-i<ef^agefrom 

hydrants. 

cover  that  any  nuisance  complained  of  proceeds  from 
the  leakage  of  any  hydrant  or  hydrants,  pipe  or  pipes, 
situated  in  an  adjoining  building  or  buildings,  or  on  an 
adjoining  lot  or  lots,  cellar  or  cellars,  he  shall  have  the 
power  and  he  is  authorized  to  require  the  owner  or  owners, 
occupier  or  occupiers  of  such  building  or  buildings,  lot  or 
lots,  cellar  or  cellars,  to  remove  the  cause  of  such  nuisance. 


City  Code,  (1879)  Art.  23,  Sec.  27.  City  Code,  (1893)  Art.  23,  Sec.  43. 

115.  If  any  person  or  persons  named  in  the  next  pre- commissioner 
ceding  section  shall  fail  to  comply  with  the  directions  of  “ulL^tfce^to 
the  Commissioner  of  Health,  the  said  commissioner  shall 
have  power,  and  is  authorized  and  directed  to  cause  any  nuis- 
ance or  cause  of  nuisance  to  be  removed,  the  cost  thereof 
to  be  paid  by  said  person. 


832 


HEALTH — ORDINANCES . 


[art.  14. 


Ice  ponds. 


To  be  drained. 


Penalty. 


Dumping  oys- 
ter shells. 


Ice  Ponds. 

Ord.  1,  November  13,  1878.  City  Code,  (1893)  Art.  23,  Sec.  64.- 

116.  It  shall  not  be  lawful  for  any  person  or  persons,, 
or  body  corporate,  to  use  any  grounds  within  the  limits  of 
the  city  of  Baltimore  for  the  purpose  of  an  ice  pond,  with- 
out having  first  obtained  written  permission  from  the 
Commissioner  of  Health,  to  construct  the  same. 


Ord.  1,  November  13,  1878.  City  Code,  (1893)  Art.  23,  Sec.  65. 

117.  It  shall  not  be  lawful  to  permit  any  person  or 
persons,  or  body  corporate,  to  use  any  grounds  within  the 
limits  of  the  city  of  Baltimore  for  an  ice  pond,  except 
from  the  first  day  of  November  to  the  first  day  of  March, 
at  the  expiration  of  which  time  the  owner  or  owners  of 
said  pond  or  ponds  will  be  required  to  thoroughly  drain  the 
water  from  the  same. 


Ord.  1,  November  13,  1878.  City  Code.  (1893)  Art.  23,  Sec.  66. 

118.  Any  person  or  persons,  or  body  corporate,  refus- 
ing or  neglecting  to  thoroughly  drain  the  water  from  the 
pond  or  ponds  used  by  them,  on  the  first  day  of  March, 
without  previous  notice,  shall  be  subject  to  a fine  of  fifty 
dollars ; and  the  Commissioner  of  Health  is  instructed  to 
have  properly  enforced  the  provisions  of  this  section. 


Oyster  and  Clam  Shells. 

City  Code,  (1879)  Art.  23,  Sec.  40.  City  Code,  (1893)  Art.  23,  Sec.  57. 

119.  It  shall  not  be  lawful  for  any  person  or  persons  or 
body  corporate  to  dump  or  place  any  oyster  or  clam  shells 
within  the  corporate  limits  of  the  city  of  Baltimore  with- 
out first  obtaining  permission  so  to  do  from  the  Commis- 
sioner of  Health  ; provided,  nothing  in  this  section  shall  be 
so  construed  as  to  prevent  any  oyster  packing  establish- 
ment or  oyster  dealers  from  depositing  oyster  shells  at  the 
place  where  such  establishments  or  dealers  may  be  actually 
engaged  in  business.  Any  person  or  persons  or  body 


ART.  14.] 


SMOKE — ORDINANCES. 


833 


corporate  found  violating-  this  section  shall,  upon  convic- 
tion thereof,  pay  a fine  of  ten  dollars  for  each  and  every 
day  he  or  they  may  so  violate  the  provisions  hereof. 

Ord.  117,  October  31,  1881.  City  Code,  (1893)  Art.  23,  Sec.  61. 

120.  It  shall  not  be  lawful  for  oyster  packing  estab- None  to  be 
lishments  or  oyster  dealers  to  store  on  their  premises 
oyster  shells  during  the  months  of  June,  July  and  August. 

Any  person  or  persons  or  body  corporate,  found  violating 
this  section  shall,  upon  conviction  thereof,  pay  a fine  of  ten 
dollars  ($10)  for  each  and  every  day  he  or  they  may  so 
violate  the  provisions  hereof. 

Shavings  and  Vegetable  Matter. 

City  Code,  (1879)  Art.  23,  Sec.  45.  City  Code,  (1893)  Art.  23,  Sec.  67. 

121.  Neither  the  wharves  nor  low  grounds  in 
part  of  the  city  shall  be  filled  with  any  kind  of  wood 

1 . 11  1 rv.  ground. 

shavings  or  vegetable  matter,  and  every  person  offending 
herein  shall  forfeit  and  pay  for  each  and  every  offence  a 
sum  not  exceeding  fifty  dollars. 

Smoke. 

Ord.  217,  March  6,  1905. 

122.  No  furnace  in  heating  or  in  the  working  of 
engines  in  the  City  Hall  or  City  Hall  Annex  or  Court  emit  smoke. 
House  shall  hereafter  be  permitted  to  emit  dense  or  black 

smoke  from  its  chimney  or  smoke-stack. 


Ord.  217,  March  6,  1905. 

123.  No  furnace  employed  in  heating,  or  in  the  work- Dense  or  black 
ing  of  engines  in  any  hotel,  office  building,  apartment  other  chim- 
house,  theatre,  place  of  public  assembly,  store  or  dwelling,  hfb&d!°' 
within  the  city  of  Baltimore,  shall  hereafter  be  permitted 
to  emit  dense  or  black  smoke  from  its  chimney  or  smoke- 
stack ; provided,  however,  that  nothing  in  this  section  shall 
be  construed  as  applying  to  furnaces  used  for  heating 
greenhouses. 


834 


HE  AI.TH  — ORDINANCES . 


[art.  14. 


Ord.  217,  March  6,  1905. 

Penalty.  124.  The  owHer,  lessee,  agent  or  occupant  of  any 

building  in  which  the  provisions  of  the  next  preceding 
section  shall  have  been  violated,  shall  be  subject  to  a fine 
of  twenty-five  dollars  ($25)  and  shall  forfeit  and  pay  for 
each  and  every  day  during  which  such  violation  continues, 
the  additional  sum  of  ten  dollars. 


Ord.  217,  March  6,  1905. 

Commissioner  125.  It  shall  be  the  duty  of  the  Commissioner  of 

of  Health  to 

enforce.  Health  to  See  that  the  provisions  of  the  three  next  pre- 
ceding sections  of  this  Article  are  enforced. 


Stables. 

City  Code,  (1879)  Art.  23,  Sec.  33.  City  Code,  (1893)  Art.  23,  Sec.  50. 

Horse  and  cow  126.  If  any  person  having  a cow  or  cows,  horse  or 
^ ^ horses  in  any  stable  within  the  city,  shall  keep  the  same  in 

such  manner  that  the  filth  and  stench  therefrom  shall 
become  offensive  to,  or  annoy  any  neighbor  or  other  person, 
the  person  keeping  such  cow  or  horse  as  aforesaid,  shall 
forfeit  and  pay  for  every  such  offence  five  dollars,  and  the 
further  sum  of  five  dollars  for  each  and  every  day 
the  nuisance  shall  be  suffered  to  remain,  notice  having 
first  been  given  to  the  party  offending. 

Metropolitan  Sav.  Bank  v.  Manion,  87  Md.  68.  King  z/.  Hamill,  97 
Md.  103. 


Wells  and  Springs. 

Ord.  97,  October  28,  1879.  City  Code,  (1893)  Art.  23,  Secs.  8,  9. 

Water  of  wells  127.  Whenever  the  attention  of  the  Commissioner  of 
Health  shall  be  called  to  any  well  or  wells,  spring  or  springs, 
public  or  private,  on  any  of  the  streets,  lanes  and  alleys  or 
squares  of  the  city  of  Baltimore,  or  in  any  private  yards 
and  buildings  in  said  city,  the  water  of  which  is  used  for 
drinking  purposes,  and  which  is  suspected  to  be  unfit  for 
the  same,  he  shall  procure  samples  of  water  from  said  well 
or  wells,  spring  or  springs,  and  have  the  same  analyzed  in. 


Analysis. 


ART.  14.]  PLAYGROUNDS  FOR  CHILDREN  — ORDINANCKS. 


835 


or  under  the  direction  of  his  sub-department;  if  upon  such 
analysis  the  water  of  such  well  or  wells,  spring  or  springs, 
be  unfit  for  drinking  purposes,  the  Commissioner  of  Health 
shall  make  and  preserve  a record  of  such  analysis  in  his 
office,  and  shall  immediately  after  the  receipt  of  such 
analysis,  condemn  the  water  of  said  well  or  wells,  spring 
or  springs,  as  “unfit  for  drinking  and  detrimental 
health,’’  and  shall  notify  the  Water  Engineer  of  his  action 
in  the  same. 


PLAYGROUNDS  FOR  CHILDREN. 

Contract  with  Children's  Playground  Association^ 

Orel.  162,  June  20,  1906,  Sec.  1. 

128.  Under  and  by  virtue  of  the  authority  conferred 
upon  it  by  Chapter  201  of  the  Acts  of  the  General  Assem- 
bly of  Maryland  for  the  year  1906,  the  Mayor  of  Baltimore 
is  hereby  authorized  and  directed  to  enter  into  a contract,, 
on  behalf  of  the  Mayor  and  City  Council  of  Baltimore,  with 
the  Children’s  Playground  Association  (Eighth  Division, 

United  Women  of  Maryland,)  in  the  following  form,  to  wit: 

• This  agreement,  made  this  first  day  of  January,  in  the 
year  nineteen  hundred  and  seven,  by  and  between  the 
Children’s  Play  ground  Association  (Eighth  Division,  United 
Women  of  Maryland,)  party  of  the  first  part,  and  the 
Mayor  and  City  Council  of  Baltimore,  party  of  the  second 
part,  witnesseth: 

First:  That  the  party  of  the  first  part  doth  hereby 
covenant  and  agree  with  the  party  of  the  second  part,  that 
it  will  well  and  faithfully  maintain  in  each  year  during  the 
continuance  of  this  contract  at  and  for  the  sum  of  three 
thousand  dollars  ($3,000)  per  annum  not  less  than  twenty- Twenty-four 
four  (24)  children’s  playgrounds  in  the  public  parks,  to^be^main- 
squares  and  schoolhouse  yards  of  Baltimore  city,  the  loca-  islooope^r 
tionsof  said  playgrounds  to  be  selected  by  the  party  of  the 
first  part,  subject  to  the  approval  of  the  Mayor  of  Balti- 
more. 


836 


health— ORDINANCES. 


[art.  14. 


When  moneys 
are  paj'able. 


City  may  ter- 
minate con- 
tracts at  any 
time  upon 
thirty  days’ 
notice. 


Appointment 
and  qualifica 
tions  of. 


Bond. 


Second:  The  party  of  the  second  part  doth  hereby  cove- 
nant and  agree  with  the  party  of  the  first  part,  in  considera- 
tion of  the  maintenance  as  aforesaid  in  each  year  of  the 
above  mentioned  twenty-four  children’s  playgrounds,  to 
pay  to  the  said  party  of  the  first  part  on  the  first  day  of 
July  in  each  year  during  the  continuance  of  this  contract, 
the  sum  of  three  thousand  dollars  ($3,000). 

Third:  It  is  hereby  agreed  between  the  parties  hereto 
that  this  contract  may  be  terminated  at  any  time  by  said 
party  of  the  second  part  by  ordinance,  or  by  the  Mayor  of 
the  city  of  Baltimore  by  his  giving  thirty  days’  notice  in 
writing  to  said  party  of  the  first  part,  without  any  respon- 
sibility upon  the  part  of  said  party  of  the  second  part  in 
any  respect  or  to  any  extent  therefor. 

In  Witness  Whereof,  the  party  of  the  first  part  has  caused 
these  presents  to  be  signed  by  its  proper  officer,  and  its 
corporate  seal  to  be  hereunto  affixed,  duly  attested  by  its 
proper  officer,  and  the  party  of  the  second  part  has  caused 
these  presents  to  be  signed  by  the  Mayor  of  Baltimore 
City,  and  the  corporate  seal  of  the  city  to  be  hereunto 
affixed,  duly  attested  by  the  City  Register. 


PLUMBING  AND  INSPECTIONS. 

Inspector  of  Plumbing. 

Ord.  110,  October  22,  1883.  City  Code,  (1893)  Art.  23,  Sec.  186. 

129.  The  Sanitary  Inspector  designated  by  the  Com- 
missioner of  Health  to  perform  the  duties  of  Inspector  of 
- Plumbing  shall  be  a practical  plumber,  selected  from  among 
those  persons  who  are  well  informed  as  to  practical  plumb- 
ing, and  skillful  and  well  trained  in  matters  pertaining  to 
the  sanitary  regulations  concerning  plumbing  work,  and 
shall  not  be  interested,  directly  or  indirectly  in  the  business 
of  plumbing  or  the  furnishing  of  plumbing  material  during 
the  holding  of  said  office,  under  penalty  of  instant  dismis- 
sal; said  inspector  before  entering  upon  his  duties  shall 
give  a good  and  sufficient  bond  to  the  Mayor  and  City 
Council  of  Baltimore,  in  the  penal  sum  of  $2,000,  for  the 
faithful  performance  of  his  duties. 


ART.  14.]  PLUMBING  AND  INSPECTIONS  — ORDINANCES. 


837 


Ord.  110,  October  22,  1883.  City  Code,  (1893)  Art.  23,  Sec.  187. 

130.  No  pipe  now  used,  or  hereafter  to  be  used,  to  drain  pipes, 
drain  any  matter,  solid  or  liquid,  from  any  building  used 
for  the  habitation  or  occupancy  of  man,  into  any  well  or 
sink  used  for  the  reception  of  any  substance  except  pure 
water,  or  into  any  public  sewer,  or  into  any  stream,  or  into 
the  harbor,  shall  be  put  up,  constructed,  altered  or  repaired, 
without  a permit  being  first  obtained  therefor  from  the 
Commissioner  of  Health,  which  permit  shall  be  issued 
without  cost  to  any  property  owner,  builder,  architect,  or 
other  person  interested  in,  or  in  any  way  connected  with 
such  work,  upon  an  application  in  writing,  stating  the 
location  of  the  premises  where  such  work  is  to  be  done, 
and  the  time  when  it  will  be  commenced.  The  provisions 
of  this  section  not  to  conflict  with  those  of  section  24  of 
Article  33,  of  this  Code,  title  “Sewers,’’  sub-division 
‘ ‘Private  Sewers.  ’ ’ 


Ord.  110,  October  22,  1883.  City  Code,  (1893)  Art.  23,  Sec.  188. 

131.  Any  person  who,  after  receiving  such  permit  as  is  Breach  of 
provided  for  in  the  next  preceding  section  shall,  without 
notifying  the  Commissioner  of  Health,  in  writing,  commence 
any  portion  of  the  work  thereby  authorized,  at  an  earlier 
day  than  that  named  in  the  application  for  such  permit, 
shall  be  subject  to  the  fine  hereinafter  imposed  by  section 
134  of  this  Article. 


Ord.  110,  October  22,  1883.  City  Code,  (1893)  Art.  23,  Sec.  189. 

132.  All  such  plumbing  work  as  is  referred  to  in  this„,  , , 
sub-di Vision  of  this  Article  shall  be  done  subject  to  the  done  under 
supervision  of  said  Inspector  of  Plumbing,  under  the  direc-  inspector, 
tion  of  the  Commissioner  of  Health. 


Ord.  110.  October  22,  1883.  City  Code,  (1893)  Art.  23,  Sec.  190. 

133.  No  such  plumbing  work  as  is  referred  to  in  this  work  to  be 
sub-division  of  this  Article  shall  be  performed  in  any  other  fiered^by 
way  than  in  strict  conformity  to  such  orders  and  directions 
as  may  be  prescribed  by  said  Inspector  of  Plumbing,  with 


838 


HEAIvTH — ORDINANCES . 


[art.  14. 


Penalties. 


Certificate  of 
approval  of 
work. 


Potter’s  Fields. 


the  approval  of  the  Commissioner  of  Health,  for  the  proper 
protection  and  preservation  of  the  health  of  the  city;  and 
any  refusal  to  comply  with  such  orders  shall  subject  the 
person  who  may  disregard  them  to  the  fine  hereinafter 
imposed  by  section  134  of  this  Article. 


Ord.  no,  October  22,  1883.  City  Code,  (1893)  Art.  23,  Sec.  191. 

134.  Any  person  or  persons  who,  individually,  or 
through  others,  shall  construct,  erect,  alter  or  repair  such 
drain-pipe,  without  first  obtaining  such  permit,  shall  be 
subject  to  a fine  of  five  dollars;  and  if  it  shall  be  found  that 
any  drain-pipe  intended  to  be  affected  by  this  sub-division 
of  this  Article  shall  have  been  constructed,  erected,  altered 
or  repaired,  contrary  to  the  rules  and  regulations  of  the 
Commissioner  of  Health,  and  in  such  a manner  as  to  be 
detrimental  to  health,  then  the  person  or  persons  so  offend- 
ing shall  be  subject  to  a fine  of  twenty  dollars,  and  shall 
be  subject  to  a further  fine  of  two  dollars  for  every  day 
that  such  pipe  shall  continue  in  such  condition,  after 
receiving  notice  thereof  from  the  Commissioner  of  Health. 


Ord.  110,  October  22,  1883.  City  Code,  (1893)  Art.  23,  Sec.  192. 

135.  Whenever  any  such  work  as  is  herein  referred  to 
shall  have  been  done  in  conformity  with  the  provisions  of 
this  Article,  it  shall  be  the  duty  of  said  Inspector  of 
Plumbing  to  give  the  owner  or  owners  of  the  premises  a 
certificate  to  the  effect  that  said  work  has  been  inspected 
and  approved,  which  said  certificate  shall  be  signed  by  said 
Inspector  of  Plumbing  and  by  the  Commissioner  of  Health. 


POTTER’S  FIELDS. 

City  Code,  (1879)  Art.  23,  Sec.  73.  City  Code,  (1893)  Art.  23,  Sec.  94. 

136.  The  Potter’s  Fields  of  the  city  of  Baltimore  are 
hereby  placed  under  the  control  and  direction  of  the 
Commissioner  of  Health,  who  is  hereby  authorized,  with 
the  advice  and  consent  of  the  Mayor,  to  establish  a code  of 
regulations  relative  to  all  interments  in  said  Potter’s  Fields, 


ART.  14.]  PRIVIKS  AND  NIGHT  SOIL — ORDINANCES. 


839 


which  in  his  judgment  may  be  proper  and  necessary ; 
provided,  that  all  graves  which  may  be  dug  in  any  of  the  health. 
Potter's  Fields  shall  be  of  the  depth  of  at  least  four  feet 
six  inches ; and  any  grave  digger,  or  other  person  or  sraves. 
persons  employed  for  such  purpose,  who  shall  neglect  or 
refuse  to  dig  any  such  grave  of  the  said  depth,  shall  forfeit 
and  pay,  for  each  and  every  offence,  the  sum  of  ten 
dollars ; and  if  the  grave-digger  or  any  other  person  or 
persons  employed  by  the  Commissioner  of  Health,  shall  at 
any  time  omit  or  neglect  to  lock  or  close  the  gates,  he  or 
they  shall,  for  each  offence,  forfeit  and  pay  the  sum  of 
two  dollars,  to  be  deducted  out  of  any  money  due  him  or 
them  for  digging  graves  or  otherwise ; and  in  case  no 
money  shall  be  due  him  or  them,  the  said  fines  shall  be 
recovered  and  collected  as  other  fines  are,  in  the  name  of 
the  Mayor  and  City  Council  of  Baltimore.** 

PRIVIES  AND  NIGHT  SOIL. 

Privies. 

Ord.  77,  February  26,  1906. 

137.  It  shall  not  be  lawful  to  hereafter  dig  or  construct  privy  weiis. 
within  the  City  of  Baltimore  any  privy  well  to  be  used  in 
connection  with  more  than  one  house. 


Ord.  77,  February  26,  1906. 

138.  No  privy  well  now  constructed  or  that  may  be  Npt  to  be  used 

, _ . *^111  connectior 

hereafter  constructed  within  the  city  of  Baltimore  shall  be  more 

, . . . , - than  one 

used  in  connection  with  more  than  one  house.  This  house, 
section,  however,  not  to  apply  to  privy  wells  that  at  the 
time  of  the  passage  of  this  ordinance  are  being  actually 
used  in  connection  with  more  than  one  house. 


Ord.  77,  February  26,  1906. 

139.  Any  one  violating  any  of  the  provisions  of  the  Penalty, 
two  next  preceding  sections  of  this  Article  shall  be  deemed 


**Note. — In  reference  to  litigation  arising  out  of  sale  of  old  Potter’s 
Field,  see,  Williamson  v.  Mayor,  19  Md.  413. 


840 


HBAI.TH — ORDINANCES.  . 


[art.  14. 


guilty  of  a misdemeanor  and  upon  conviction  thereof  shall 
be  subject  to  a fine  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars. 

City  Code,  (1879)  Art.  23,  Sec.  75.  City  Code,  (1893)  Art.  23,  Sec.  95. 

140.  Every  person  who  may  obtain  a license  to  empty 
tob?Hlfdfr  remove  the  contents  of  privies  or  vaults,  shall  be 
S”mmission- as  subject  to  the  orders  of  the  Commissioner  of 
erof  Health  jjoalth  in  all  matters  relating  to  the  opening  and  cleaning 
of  privies  and  vaults,  time  and  manner  of  removal,  and  the 
presentation  of  statistics  connected  with  the  cleaning  of 
privies,  as  also  the  place  or  places  to  which  night  soil  may 
be  removed ; and  for  any  refusal  or  neglect  to  obey  the 
orders  of  the  Commissioner  of  Health,  as  herein  provided, 
it  shall  be  the  duty  of  the  Collector  of  Water  Rents  and 
Licenses,  upon  the  written  request  of  the  Commissioner  of 
Health,  to  revoke  the  license  of  the  person  or  persons,  so 
refusing  or  neglecting  to  obey.** 

Boehm  v.  Baltimore  City.  61  Md.  259. 


City  Code,  (1879)  Art.  23,  Sec.  77.  City  Code,  (1893)  Art.  23,  Sec.  97. 

Cleaning:  by  141.  The  Commissioner  of  Health  is  authorized  and 
empowered  in  his  discretion,  to  permit  any  person  or 
persons  who  shall  at  his  or  their  own  cost,  be  supplied 
with  suitable  conveniences,  to  clean  sinks  and  privy  vaults 
in  the  city  of  Baltimore  during  the  day  time ; provided, 
that  no  annoyance  to  sight  or  smell  shall  arise  therefrom. 


City  Code,  (1879)  Art.  23,  Sec.  78.  City  Code,  (1893)  Art.  23,  Sec.  98. 

Bond  required.  142.  The  Commissioner  of  Health  shall,  before  giving 
a permit  to  any  person  or  persons  for  the  cleaning  of 
vaults  or  privies  as  provided  for  in  the  next  preceding 
section,  demand  and  receive  from  such  person  or  persons 
a good  and  sufficient  bond  for  the  proper  performance  of 
the  work  to  be  done  without  annoyance  to  sight  or  smell 
to  the  citizens  of  Baltimore. 

**Note. — Part  of  this  section  as  embodied  in  section  95,  Article  23  of 
Code  1893,  is  codified  as  section  44  of  Article  41  of  this  Code. 


ART.  14.]  PRIVIES  AND  NIGHT  SOIR— ORDINANCES. 


841 


City  Code,  (1893)  Art.  23,  Sec.  100.  Ord.  110,  March  12,  1901. 

Ord.  83,  March  5,  1906. 

143.  When,  in  the  opinion  of  the  Commissioner  of 
Health,  any  privy,  cess-pool  or  vault  becomes  offensive,  the 
owner  thereof  (whether  he  shall  be  the  occupant  of  the 
premises  containing  such  privy,  cess-pool  or  vault,  or  not)  or 
the  tenant  or  occupant  of  such  premises,  or  the  agent 
having  charge  or  management  of  such  premises  shall  cause 
such  privy,  cess-pool  or  vault  to  be  cleansed  within  such  ^ privllsf^ 
reasonable  time  after  notice  given  to  that  effect  by  the 
Commissioner  of  Health,  as  may  be  expressed  in  such 
notice  ; and  in  case  of  neglect  or  refusal  so  to  do,  the  said 
owner  (whether  he  shall  occupy  -such  premises  or  not) , or 
the  said  tenant  or  occupant,  or  the  said  agent  or  person 
having  charge  or  management  of  such  premises,  or  any 
one  or  more  of  them  to  whom  such  notice  shall  have  been 
given,  and  who  shall  have  neglected  to  obey  the  same,  or 
to  cause  said  premises  to  be  cleansed,,  shall  be  liable  to  a 
penalty  of  not  more  than  twenty  dollars  ($20)  for  every  penalty  for 
such  neglect  or  refusal,  and  shall  also  be  liable  for  the 
expense  incurred  in  case  said  work  shall  be  done  under  the 
orders  of  the  Commissioner  of  Health. 


Ord.  94,  June  17,  1886.  City  Code,  (1893)  Art.  23,  Sec.  101. 

144.  No  privy,  cess-pool  or  vault  shall  be  emptied  permits  to 
without  a permit  from  the  Commissioner  of  Health,  nor  in 
any  other  mode  or  at  any  other  time  than  said  Commis- 
sioner may  direct.  Any  person  or  persons  violating  the 
provisions  of  this  section,  or  neglecting  or  refusing  to 
comply  with  the  regulations  of  the  Commissioner  of  Health 
in  relation  to  the  opening  or  cleaning  of  privies,  cess-pools 
or  vaults,  shall  be  liable  to  a penalty  of  ten  dollars  for  Penalty, 
every  such  offence. 


Ord.  34,  March  28,  1890.  City  Code,  (1893)  Art.  23,  Sec.  101-A. 

145.  The  Commissioner  of  Health  is  empowered  to  Permits  for 
grant  such  permits,  as  he  may  consider  advisable  for  the  cess-pools, 
purpose  of  draining  such  wells  or  cess-pools  as  cannot  be 


842 


HEALTH — ORDINANCES . 


[art.  14. 


kept  from  overflowing  or  Ailing  up  with  water.  All  work 
to  be  done  under  the  supervision  of  the  Commissioner  of 
Health  except  so  much  as  relates  to  the  tapping  of  sewers, 
which  work  shall  be  done  by  the  City  Engineer,  and  also 
upon  the  payment  of  the  usual  fees  for  the  privileges  of 
opening  the  streets;  and  all  repairs  to  the  streets  and 
sewers  to  be  done  by  the  owners  of  the  property,  subject  to 
the  approval  of  the  City  Engineer. 


Ord.  67,  June  10,  1902. 

Night  soil.  146.  It  shall  be  unlawful  for  any  person  or  persons,  or 
corporation,  to  bring  into  or  carry,  or  transport  through 
the  streets  of  the  City  of  Baltimore,  night  soil  removed 
from  any  privy,  well  or  sink  located  beyond  and  outside  of 
the  corporate  limits  of  said  city;  and  every  person  or 
persons  or  corporation  violating  the  provisions  of  this 
section  shall  be  subject  to  a flne  of  twenty-five  dollars 
Penalty.  ($25)  for  oach  offence. 


Ord.  69,  June  10,  1902. 

Throwing  ref-  147,  Jt  shall  be  unlawful  for  any  person  or  persons 

privy  wells,  whomsoovor  to  throw  or  place,  or  cause  or  permit  to  be 
thrown  or  placed,  in  any  privy  well  or  water  closet  in  the 
city  of  Baltimore,  any  matter  whatsoever,  such  as  garbage, 
ashes,  glass,  leather,  wood  or  other  substances,  other  than 
excrement,  or  other  matter  for  the  reception  of  which 
privy  wells  and  water  closets  are  usually  used,  and  any 
person  or  persons  violating  the  provisions  of  this  section 
shall  be  liable  to  a penalty  of  five  dollars,  ($5)  for  each 
and  every  offence. 


Ord.  94,  June  17,  1886.  City  Code,  (1893)  Art.  23,  Sec.  102. 

Applications  to  148.  Records  shall  be  kept  in  the  office  of  the  Com- 
be recorded.  jnissioner  of  Health  in  which  shall  be  entered  all  applica- 
tions for  opening  or  cleaning  of  privies,  cess-pools  or  vaults, 
and  all  such  applications  shall  specify  the  number  of  loads, 
if  less  than  the  whole  contents  of  the  privy,  cess-pool  or 
vault  to  be  removed. 


ART.  14.]  PRIVIES  AND  NIGHT  SOIL — ORDINANCES. 


843 


Ord.  94,  June  17,  1886.  City  Code,  (1893)  Art.  23,  Sec.  103. 

149.  No  part  of  the  contents  of  any  privy,  cess-pool  or 
vault  shall  be  removed  therefrom,  nor  shall  the  same  be 
transported  through  any  of  the  streets,  lanes  or  alleys,  or 
other  places  within  the  city,  except  the  same  be  trans- 
ported or  removed  by  means  of  some  airtight  apparatus, 
so  as  to  prevent  the  said  contents  from  being  agitated  or 
exposed  in  the  open  air  during  said  process  of  removal  or 
transportation;  and  any  person  or  persons  violating  the 
provisions  of  this  section  shall  be  liable  to  a penalty  of  not 
less  than  ten  dollars  for  every  such  offence. 


Ord.  94,  June  17,  1886.  City  Code,  (1893)  Art.  23,  Sec.  105. 

150.  It  shall  be  the  duty  of  every  builder,  owner  or  drainage  from 
other  person  having  charge  of  any  building  or  buildings  in 
the  city,  to  provide  for  proper  drainage  from  said  building 
or  buildings.  Every  owner,  builder  or  other  person  having 
charge  of  any  building  or  buildings,  who  shall  refuse  or 
neglect  to  comply  with  this  section  shall  be  liable  to  a 
penalty  of  ten  dollars  for  every  such  offence. 


City  Code,  (1879)  Art.  23,  Sec.  83.  City  Code,  (1893)  Art.  23,  Sec.  109. 

151.  If  any  person  or  persons  shall  introduce  a pipe  or  Pipes  not  to  be 
sewer  into  any  of  the  wells  belonging  to  the  city,  for  the  wells, 
purpose  of  draining  water  closets,  or  for  any  other  purpose 
whatever,  each  and  every  person,  for  each  and  every  such 
offence,  shall  forfeit  and  pay  a sum  not  exceeding  twenty 
dollars. 


City  Code,  (1879)  Art.  23,  Sec.  85;  Art.  53,  Sec.  64.  City  Code,  (1893) 

Art.  23,  Sec.  112;  Art.  54,  Sec.  64. 

152.  It  shall  not  be  lawful  for  any  person  or  persons  to  no  vaults  for 
sink  or  cause  to  be  sunk  any  vault  or  well  to  be  used  for  a streS 
receptacle  of  a privy,  under  the  bed  of  any  street,  lane  or 
alley  in  the  city  of  Baltimore,  or  the  sidewalks  thereof. 


844 


health — ORDINANCES . 


[art.  14. 


Penalty. 


Deposit  of 
night  soil. 


Suspension  of 
deposits. 


Contracts  with 
R.  R.  Zell  & 
Co. 


City  Code,  (1879)  Art.  23,  Sec.  86.  City  Code,  (1893)  Art.  23,  Sec.  113. 

153.  If  any  person  or  persons  shall  sink,  or  cause  to  be 
sunk  under  the  pavement  of  any  street,  lane  or  alley,  or 
the  sidewalks  thereof,  any  vault  or  well,  and  use  the  same 
as  a receptacle  for  a privy,  such  person  or  persons,  so 
offending  shall  forfeit  and  pay  the  sum  of  one  hundred 
dollars;  and  if  the  same  be  not  filled  and  properly  secured 
after  twenty  days’  notice  from  the  Commissioner  of  Health, 
such  person  or  persons  shall  forfeit  and  pay  for  every 
week  thereafter  until  the  said  vault  shall  be  filled  up  and 
secured  to  the  satisfaction  of  the  Commissioner  of  Health, 
the  sum  of  twenty  dollars,  and  it  shall  be  the  duty  of  the 
Commissioner  of  Health  to  enforce  the  provisions  of  this 
section. 


City  Code,  (1879)  Art.  23,  Sec.  88.  City  Code,  (1893)  Art.  23,  Sec.  115. 

154.  No  night  manure  shall  be  deposited  at  any  places 
except  such  as  shall  be  selected  by  the  Commissioner  of 
Health,  and  any  person  or  persons  offending  against  the 
provisions  of  this  section  shall  forfeit  and  pay  a sum  not 
exceeding  twenty  dollars. 

Mitchell  V.  Lemon,  34  Md.  176. 


City  Code,  (1879)  Art.  23,  Sec.  89.  City  Code,  (1893)  Art.  23,  Sec.  121. 

155.  If  such  deposits  shall  prove  prejudicial  to  the 
health  of  the  adjacent  neighborhood,  complaint  shall  be 
made  by  the  aggrieved  parties  to  the  Commissioner  of 
Health,  who,  with  the  approbation  of  the  Mayor,  shall 
order  said  deposits  to  be  forthwith  suspended. 


Ord.  121,  May  24,  1880.  City  Code,  (1893)  Art.  23,  Sec.  116. 

Ord.  68,  June  9,  1902. 

156.  The  Mayor,  Comptroller  and  Commissioner  of 
Health,  are  hereby  authorized  and  directed,  in  the  name  of 
the  Mayor  and  City  Council  of  Baltimore,  to  contract  for  a 
term  of  two  years,  with  the  privilege  of  renewal,  with 
Messrs.  R.  R.  Zell  & Co. , for  the  removal  of  all  the  night 


ART.  14.]  PRIVIES  AND  NIGHT  SOU, — ORDINANCES. 


845 


soil  gathered  in  the  City  of  Baltimore;  said  night  soil  to  be 
transferred  to  air-tight  barges  for  removal  from  the  city, 
the  same  to  be  done  in  an  odorless  and  inoffensive  manner, 
at  two  designated  points  within  the  city;  compensation  for 
said  removal  of  night  soil  to  be  collected  from  the  persons 
dumping  the  same,  at  the  rate  of  twenty-five  cents  per 
load  of  not  less  than  one  hundred  and  sixty,  and  not  more 
than  two  hundred  gallons;  and  the  said  Messrs.  R.  R.  Zell: 
& Co.  shall  be  compelled  to  keep  at  each  of  the  above 
designated  points,  air-tight  barges,  under  a penalty  of 
fifty  dollars  per  day  for  each  day  of  fourteen  hours  the 
said  R.  R.  Zell  & Co.  fail  to  comply,  and  shall  execute  a 
bond,  with  approved  security,  in  the  penalty  of  ten  thous- 
and dollars,  to  the  Mayor  and  City  Council  of  Baltimore,, 
for  the  faithful  performance  of  said  contract.** 


Ord,  121,  May  24,  1880.  City  Code,  (1893)  Art.  23,  Sec.  120. 

157.  In  case  of  the  failure  of  said  contractors  to  comply  Revocation  of 
with  the  specifications  of  said  contract,  to  the  satisfaction 
of  the  Commissioner  of  Health,  it  shall  be  the  duty  of  the 
Mayor  to  revoke  the  same,  t 


Ord.  25,  March  27,  1884.  City  Code,  (1893)  Art.  23,  Sec.  123. 

158.  Employers  or  others  conducting  any  business  or  Separate 
occupation  in  the  city  of  Baltimore  in  which  the  services  mlleran^dfe- 
of  men,  women  or  children  may  be  required,  shall  keep  and 

**Notk:  This  contract  was  the  subject  of  litigation  in  re  Bear  Creek 

Co.  V.  Baltimore  City,  87  Md.  84.  Night  soil  under  the  contract  is  now 
transferred  at  Winan’s  Cove,  only. 

tNoTE. — .Sections  117,  118  and  119  of  Article  23,  City  Code,  1893, 
have  been  omitted  from  this  compilation  because  conditions  at  present 
render  their  provisions  practically  obsolete.  Section  117,  which  may 
still  operate  to  some  extent  as  the  law  in  regard  to  delivering  night  soil 
to  the  contractors  removing  night  soil  gathered  in  the  city,  reads  as 
follows:  “Sec.  117.  It  shall  be  the  duty  of  all  persons  engaged  in  the 

business  of  gathering  night  soil  in  the  city  of  Baltimore,  to  convey  the 
same  to  one  or  other  of  the  dumping  places  provided  by  the  contractors 
under  the  provisions  of  this  ordinance,  under  a penalty  of  twenty  dollars 
per  load,  for  every  load  of  night  soil  gathered  and  not  so  delivered, 
said  penalty  to  be  collected  as  other  fines  and  penalties  are  collected.” 


346 


health  — ORDINANCES . 


[art.  14. 


Quarantine 

hospital. 


Duties  of 
Physician. 


Employes  at 
quarantine 
hospital 
and  their 
compensa- 
dtion. 


maintain  in  good  order,  and  in  a cleanly  and  safe  condition, 
separate  privies  or  water  closets  for  males  and  females, 
whenever  or  wherever  employes  may  be  of  different 
sexes,  and  upon  failure  so  to  do  after  due  notice  of  the 
provisions  of  this  section,  such  employer  or  other  persons 
so  offending,  shall  be  subject  to  a fine  of  ten  dollars  ($10) 
per  day  for  every  day  during  which  the  said  employer  or 
other  persons  shall  be  delinquent. 


QUARANTINE  REGULATIONS. 

Quarantine  Hospital  Physician. 

City  Code,  (1879)  Art.  23,  Sec.  131.  Res.  202,  May  17,  1881. 

City  Code,  (1893)  Art.  23,  Sec.  138.  Ord.  25,  March  9,  1896. 

159.  The  hospital  on  the  southern  shore  of  the 
Patapsco  river  shall  be  known  as  the  Quarantine  Hospital 
of  the  port  of  Baltimore.  It  shall  be  the  duty  of  the 
Quarantine  Hospital  Physician  under  the  direction  of  the 
'Commissioner  of  Health  to  collect  all  money  which  may 
become  due  from  patients  of  every  class  and  from  all 
immigrants  and  others  who  may  be  received  into  said 
hospital,  and  to  pay  over  said  money  to  the  City  Register 
on  the  first  Monday  of  each  and  every  month,  and  make  a 
monthly  report  on  the  same  day  to  the  Commissioner  of 
Health  of  the  affairs  of  the  hospital,  the  number  of  inmates, 
by  whose  order  received  and  at  whose  expense.  It  shall 
be  the  further  duty  of  the  Quarantine  Hospital  Physician 
when  making  his  monthly  returns  to  the  City  Register,  to 
make  a report  of  the  number  of  patients  resident  and 
under  treatment  at  said  hospital  at  the  several  times'  of 
making  said  monthly  returns. 


Employes  at  Quarantine  Hospital. 

City  Code,  (1S79)  Art.  23,  Sec.  146.  City  Code,  (1893)  Art.  23,  Sec.  153. 
Ord.  24,  December  29,  1899,  Sec.  153. 

160.  The  Quarantine  Hospital  Physician,  with  the  con- 
sent and  approval  of  the  Commissioner  of  Health,  shall  be 
authorized  and  empowered  to  employ  such  persons  as  may 


ART.  14.]  INSPECTION  OF  VESSEES — ORDINANCES. 


847 


be  required  for  boatmen,  farmhands  or  nurses  in  connec^ 
tion  with  said  quarantine  hospital ; provided  the  total 
amount  in  wages  paid  such  persons  shall  not  exceed  the 
amount  annually  appropriated  for  such  purpose. 

City  Code,  (1879)  Art.  23,  Sec.  132.  City  Code,  (1893)  Art.  23,  Sec.  139. 

161.  He  shall  promptly  attend  to  all  messages 
communications  sent  to  or  left  at  the  hospital  which  may 
in  any  way  concern  his  duties  under  this  Article,  at  all 
seasons  of  the  year,  and  at  any  hour  of  the  day,  between 
sunrise  and  sunset ; he,  as  hereinafter  provided  for,  shall 
also  carry  into  execution  the  quarantine  laws  and  regula- 
tions provided  for  by  this  Article;  said  Quarantine  Hospital 
Physician  shall,  before  he  enters  upon  the  duties  of  his, 
office,  execute  a bond  to  the  corporation,  with  such  sureties 
as  the  Mayor  and  Comptroller  may  approve,  in  the  penal 
sum  of  five  thousand  dollars,  and  with  the  conditions  that  Bond., 
he  will  faithfully  discharge  the  several  duties  and  trusts 
reposed  in  him,  and  pay  over  to  the  City  Register  all  money 
collected  by  him,  for  the  city. 

Inspection  of  Vessels, 

City  Code,  (1879)  Art.  23,  Sec.  133.  City  Code,  (1893)  Art.  23,  Sec.  140. 

162.  No  vessel  arriving  from  sea,  between  the 
thirtieth  day  of  April  and  the  first  day  of  November,  and  ves.seis  subject 
at  such  othen  times  as  the  Commissioner  of  Health  may  reguSion^^ 
direct,  shall  approach  nearer  to  the  city  than  the  quaran- 
tine grounds,  which  shall  be  upon  the  southern  or  main 

branch  of  the  Patapsco  river  ; and  it  shall  not  be  lawful 
for  any  vessel  that  is  subject  to  quarantine  regulations  to 
approach  nearer  to  the  city  than  a line  drawn  from  the 
point  of  Fort  McHenry  to  the  hospital  ground  ; nor  shall 
any  such  vessel  come  within  the  Lazaretto  light  upon  the 
north  side  of  Fort  McHenry,  until  she  has  received  a 
written  permit  from  the  Quarantine  Hospital  Physician,  to 
that  effect ; and  said  Quarantine  Hospital  Physician  shall 
board  all  vessels  arriving  from  sea  (except  vessels  return- powers  and 
ing  in  distress,  with  outward  cargo  on  board) , after  their  QuaSn/ine 
arrival  at  quarantine  grounds,  as  soon  as  practicable,  and  ?hyskfin. 


848 


HEALTH — OR  DIN ANCES . 


[art.  14. 


Purification 
and  disin- 
fecting of 
vessels. 


Penalty. 


such  ship  or  other  vessel  shall  come  to  anchor  whenever 
required  by  the  Quarantine  Hospital  Physician,  from  the 
thirtieth  day  of  April  to  the  first  day  of  November  in 
each  and  every  year;  and  it  shall  be  the  duty  of  the 
Quarantine  Hospital  Physician  carefully  to  examine  into 
the  health  of  all  the  officers,  crew  and  passengers  of  such 
vessels,  the  condition  of  the  cargo,  the  state  of  the  pas- 
sengers, crew  and  vessels  as  to  cleanliness,  whether  any 
disease  is  present  or  not  on  such  vessels,  and  generally  into 
all  such  circumstances  and  facts  as  may  in  any  way  affect 
or  concern  the  health,  or  the  preservation  of  the  health  of 
the  city  of  Baltimore ; and  if  he  shall  believe  it  to  be  unsafe 
to  permit  any  vessel  so  examined  to  unload  her  cargo  or  to 
discharge  her  passengers,  or  come  to  the  wharf,  as  the 
case  may  be,  he  shall  order  said  vessel  to  come  to  anchor 
at  the  quarantine  grounds  to  perform  the  necessary  purifi- 
cation, which  shall  be  done  in  such  manner  as  may  be 
directed  by  the  Quarantine  Hospital  Physician  to  his  entire 
satisfaction and  all  expenses  of  purification  and  removal, 
and  all  other  expenses  incurred  by  the  Quarantine  Hospital 
Physician  to  prevent  the  introduction  or  propagation  of 
contagious  and  infectious  diseases,  to  be  paid  by  the  master, 
owner  or  consignee  of  the  ship  or  vessel  for  which  the 
expense  was  incurred.  And  it  shall  not  be  lawful  for  any 
person  commanding  or  having  charge  of  such  vessel  to 
remove  her  from  the  place  assigned  or  designated  by  the 
Quarantine  Hospital  Physician,  without  his  written  per- 
mission, or  to  suffer  such  vessel  to  be  so  removed  by  others. 
And  any  ship,  vessel  or  person  violating  any  of  the 
provisions  of  this  section,  or  neglecting  to  comply  with  any 
orders  issued  or  given  by  the  Quarantine  Hospital  Physi- 
cian in  conformity  thereto,  shall  be  liable  to  a penalty  of 
five  hundred  dollars,  and  a further  penalty  of  fifty  dollars 
for  every  hour  the  ship  or  vessel  may  remain  in  any 
position  in  violation  hereof  ; and  an  action  for  the  recovery 
of  all  fines,  forfeitures  or  expenses  incurred  in  carrying  into 
effect  any  of  the  provisions  of  this  section  may  be  laid 
against  the  ship  or  vessel,  the  master,  the  owner  or  con- 
signee of  the  ship  or  vessel  so  violating,  each  or  all  of 
them,  at  the  election  of  the  city. 

Harrisoii  v.  Mayor,  etc.,  1 Gill  264. 


ART.  14.]  CONTAGIOUS  DISEASES  ON  VESSELS — ORDINANCES.  849 

City  Code,  (1879)  Art.  2S,  Sec.  134.  City  Code,  (1893)  Art.  23,  Sec.  141. 

163.  All  vessels  after  their  cargoes  are  discharged,  shall, 
if  deemed  necessary  by  the  Quarantine  Hospital  Physician, 
be  forthwith  removed  to  the  stream,  and  to  a proper 
distance  from  the  wharf,  and  thoroughly  cleansed  and 
ventilated,  under  the  direction  of  the  Quarantine  Hospital 
Physician,  and  any  person  offending  against  the  provisions 
of  this  section,  or  who  shall  refuse  or  neglect  to  comply 
with  the  order  of  the  officer  or  officers  charged  with  its 
execution,  shall  forfeit  and  pay  the  sum  of  one  hundred 
dollars,’  and  twenty  dollars  for  every  hour  thereafter 
during  which  said  disobedience  shall  continue. 


Contagious  and  Infectious  Diseases  on  Vessels. 

City  Code,  (1879.  Art.  23,  Sec.  135.  City  Code,  (1893)  Art.  23,  Sec.  142. 

164.  The  commander,  captain,  pilot,  or  person  having  ve.sseis  having 
charge  of  any  vessel  coming  to  the  port  of  Baltimore,  from  wd  af-^^ 
sea  or  elsewhere,  and  on  board  of  which  there  shall  be  any  contagious 
person  or  persons  affected  with  small  pox,  varioloid  dis- 
ease or  other  eruptive  complaint,  or  infectious  or  contagious 
diseases,  or  whose  condition  would  authorize  a suspicion 
that  the  malady  may  be  small  pox  or  any  modification 
thereof,  or  any  other  infectious  or  contagious  diseases,  or 
on  board  of  which  small  pox,  varioloid,  or  any  eruptive 
disease  of  a kind  which  would  authorize  a suspicion  that  it 
had  been  any  form  or  modification  of  small  pox,  or  any 
other  infectious  or  contagious  diseases,  shall  have  appeared 
at  any  time  during  the  voyage  from  the  port  or  place  at 
which  the  vessel  had  cleared,  shall  bring  the  said  vessel  to 
at  the  quarantine  grounds,  and  there  await  the  arrival  of 
the  Quarantine  Hospital  Physician,  and  not  depart  thence 
until  a written  permission  from  the  Quarantine  Hospital 
Physician  shall  be  obtained  for  that  purpose  ; and  it  shall 
not  be  lawful  for  the  said  commander,  captain,  pilot,  or 
other  person  having  charge  of  such  vessel,  to  land  orbring 
on  shore,  or  suffer  to  be  landed  or  brought  on  shore,  any 
passenger  or  passengers,  or  any  of  the  officers  or  crew  of 
such  vessel,  or  any  part  or  parcel  of  the  baggage,  goods  or 


850 


HEAI.TH  — ORDINANCES . 


[art.  14. 


Penalty. 


Admission  of 
patients. 


Certain  danger* 
ous  imports 
prohibited. 


effects,  or  any  other  articles  contained  in  said  vessels, 
until  he  shall  have  obtained  a written  permission  from  the 
Quarantine  Hospital  Physician  so  to  do  ; and  it  shall,  more- 
over, be  the  duty  of  the  persons  aforesaid  having  charge 
of  said  ship  or  vessel  to  make  a full  disclosure  of  all  such 
circumstances  in  relation  to  the  health  of  the  officers,  crew 
and  passengers  on  board  said  vessel  during  the  voyage, 
and  at  the  time  of  the  inquiry,  as  may  be  necessary  to 
enable  the  Quarantine  Hospital  Physician  to  determine  on 
the  measures  necessary  to  be  taken  in  the  premises,  and 
particularly  to  answer  any  interrogations  which  may  be 
put  to  him  by  said  officer  in  reference  to  the  existence  of 
small  pox,  varioloid  or  other  eruptive,  infectious  or  conta- 
gious diseases  among  the  officers,  crew  or  passengers  on 
board  the  vessel  at  the  time  of  the  inquiry,  or  at  any 
previous  time  during  the  passage  ; and  any  person  neglect- 
ing or  refusing  to  comply  with  any  of  the  requisitions  or 
provisions  contained  in  this  section,  or  with  any  order  of 
the  Quarantine  Hospital  Physician,  in  pursuance  of  and  in 
conformity  thereto,  shall  forfeit  and  pay  the  sum  of  five 
hundred  dollars  ; and  if  the  said  penalty  shall  have  been 
incurred  by  the  commander,  captain,  pilot  or  other  person 
having  charge  of  such  vessel,  and  he  shall  abscond  or 
evade  the  execution  of  this  section,  then  the  said  penalty 
shall  be  paid  by  the  owner  or  consignee  of  such  ship  or 
vessel,  unless  he  shall  give  such  information  as  may  lead 
to  the  apprehension  of  the  delinquent. 


City  Code,  (1879)  Art.  23,  Sec.  136.  City  Code,  (1893)  Art.  23,  Sec.  143. 

165.  The  Commissioner  of  Health  shall  have  full  power 
and  authority  to  give  an  order  for  the  reception  of  any 
person  affected  with  a contagious  disease,  dangerous  to  the 
community,  into  the  quarantine  hospital. 


Cargoes  Infected  with  Disease. 

City  Code,  (1879)  Art.  23,  Sec.  137.  City  Code,  (1893)  Art.  23,  Sec.  144. 

166.  It  shall  not  be  lawful  for  any  person  or  persons 
knowingly,  to  bring,  or  cause  to  be  brought  into  the  city 


ART.  14.]  VESSELS  EXEMPTED  FROM  REGULATIONS — ORDINANCES.  851 

any  damaged  coffee,  hides,  rice  or  any  other  article  which, 
by  its  nature,  is  liable  to  produce  disease,  under  a penalty 
of  one  hundred  dollars ; and  it  shall  be  the  duty  of  the 
Mayor  and  the  Commissioner  of  Health,  whenever  any 
such  article  shall  have  been  brought  into  the  city,  to  cause 
a written  notice  to  be  served  on  the  person  or  persons 
having  the  same  under  his,  her  or  their  charge,  to  have 
the  same  forthwith  remioved  to  such  place  as  may  be 
directed  in  such  notice,  and  shall  likewise  order  that  the 
vessel  (if  any)  bringing  the  same  be  removed  within  six 
hours  after  the  delivery  at  said  place  to  the  quarantine 
grounds  there  to  remain  until  cleansed  and  ventilated  to 
the  satisfaction  of  the  Quarantine  Hospital  Physician,  and 
any  person  or  persons  refusing  or  neglecting  to  comply 
with  the  directions  prescribed  in  the  notice,  either  of  the 
Mayor  or  of  the  Commissioner  of  Health  shall  forfeit  and 
pay  a fine  of  one  hundred  dollars  for  each  and  every  penalty, 
offence,  and  twenty  dollars  for  each  and  every  hour  such 
neglect  shall  continue. 


Vessels  Exempted  from  Regulations. 


City  Code,  (1879)  Art.  23,  Sec.  138.  City  Code,  (1893)  Art.  23,  Sec.  145. 

167.  The  Mayor  and  Commissioner  of  Health  may,  in  Mayor  and 
their  discretion,  exempt  from  the  quarantine  regulations  Seauh°nay 
of  the  city  of  Baltimore  all  steam  vessels  coming  into  the 
port  of  Baltimore  from  any  port  in  the  United  States  north 
of  Cape  Henry,  which  exemption  shall  be  certified  to  the 
Quarantine  Hospital  Physician,  and  shall  remain  in  force 
until  countermanded  by  said  Mayor  and  Commissioner  of 
Health,  and  no  longer  ; provided,  however,  that  no  exemp- 
tion granted  under  the  provisions  of  this  section  shall  be 
so  construed  as  to  exempt  the  commander,  captain,  pilot, 
or  other  person  having  charge  of  any  vessel  coming  into 
the  port  of  Baltimore,  or  the  owners  or  consignees  of  the 
same,  from  the  penalties  and  fines  imposed  by  section  164 
of  this  Article. 


852 


health — ORDINANCES . 


ART.  14.] 


City  Code,  (1879)  Art.  23,  Sec.  139.  City  Code,  (1893)  Art.  23,  Sec.  146. 

168.  Vessels  arriving  from  ports  north  of  Cape  Henry 
free  from  epidemic  or  contagious  disease,  and  with  cargoes 
from  said  ports,  shall  not  be  subject  to  the  usual  quaran- 
tine regulations  contained  in  section  162  of  this  Article, 
unless  in  the  judgment  of  the  Commissioner  of  Health  com- 
pliance with  said  regulations  shall  be  necessary  to  protect 
the  health  of  the  city. 


Small  Pox  and  Other  Infectious  or  Contagious  Diseases, 

City  Code,  (1879)  Art.  23,  Sec.  140.  City  Code,  (1893)  Art.  23,  Sec.  147. 

Who  to  be  sent  169.  The  Quarantine  Hospital  Physickn  shall  visit  all 

to  the  quar- 

antmehos-  ships  or  vessels  that  may  come  to  at  the  quarantine 
grounds,  as  directed  in  section  164  of  this  Article,  as  soon 
as  practicable  in  daylight,  after  the  knowledge  of  such 
fact  shall  have  been  by  any  means  obtained  by  him  ; and 
said  officers  are  hereby  authorized  and  directed  to  send  all 
persons  affected  with  the  small  pox,  varioloid,  or  other 
infectious  or  contagious  diseases,  who  may  be  found  on 
board  such  vessels,  to  the  quarantine  hospital,  to  take  or 
direct  such  measures  in  regard  to  the  officers,  crew  and 
passengers  as  in  his  opinion  may  be  necessary  to  disinfect 
them,  and  to  prevent  their  propagating  the  disease,  to 
direct  all  such  articles  on  board  the  vessels  to  be  landed, 
in  order  to  be  purified  from  infection,  as  he  may  deem 
proper,  and  to  subject  all  such  articles  to  such  process  of 
disinfection  as  they  may  think  necessary  for  that  purpose. 
And  the  Quarantine  Hospital  Physician  is  moreover 

Regulations.  authorized  and  required  to  keep  all  such  articles  as  he  may 
deem  necessary  to  subject  to  the  disinfecting  process 
aforesaid,  under  his  own  care  and  supervision,  until  such 
purpose  be  accomplished.  And  it  shall  be  the  duty  of 
said  Quarantine  Hospital  Physician,  with  the  approbation 
of  the  Mayor  and  Commissioner  of  Health,  to  adopt  all 
means  or  measures  consistent  with  the  laws  of  the  United 
States,  or  of  the  State  of  Maryland,  and  with  the  ordi- 
nances of  the  city  of  Baltimore,  to  prevent  any  communi- 
cation between  the  citizens  of  Baltimore  and  those 


ART.  14.]  EXPENSES  OF  DISINFECTION — ORDINANCES. 


853 


detained,  until  the  necessary  means  are  used  to  disinfect 
them,  their  baggage  and  other  property,  to  the  satisfaction 
of  the  Quarantine  Hospital  Physician.  And  any  person 
removing  or  attempting  to  remove  any  baggage  or  mer- 
chandise detained  in  virtue  of  this  section,  or  any  of  the 
health  ordinances  of  the  city,  shall  forfeit  and  pay  twenty 
dollars,  and  all  expenses  of  removing  said  baggage  or 
merchandise  back  to  the  hospital  or  quarantine  grounds, 
as  may  be  directed,  and  of  delivering  the  same  into  the 
charge  of  the  Quarantine  Hospital  Physician. 

Harrison  v.  Mayor,  1 Gill  264. 


Expenses  of  Disinfection. 

City  Code,  (1879)  Art.  23,  Sec.  141.  City  Code,  (1893)  Art.  23,  Sec.  148. 

170.  The  expenses  which  may  be  incurred  in  the  Expense;  how 
disinfecting  and  purifying  of  vessels,  persons,  baggage  or 
other  articles  from  the  infection  of  small  pox  or  other  dis- 
eases, as  provided  for  in  the  next  preceding  section,  shall 
be  done  at  the  proper  cost  and  charge  of  the  commander, 
captain,  owner  or  consignee  of  the  infected  vessel,  and 
such  part  thereof  as  it  may  be  necessary  for  the  Quaran- 
tine Hospital  Physician  to  incur  in  the  first  instance,  shall 
be  charged  to  the  commander,  captain,  owner  and  consignee, 
or  any  of  them,  at  the  discretion  of  the  Quarantine  Hospital 
Physician  and  collected  by  him;  but  if  it  cannot  be  so 
collected,  the  amount  which  said  physician  shall  have 
necessarily  expended  for  the  purpose  aforesaid,  shall  be 
refunded  or  repaid  by  the  City  Register,  with  the  approba- 
tion of  the  Mayor. 


City  Code,  (1879)  Art.  23,  Sec.  142.  Citv  Code,  (1893)  Art.  23,  Sec.  149. 

171.  All  passengers  placed  under  quarantine,  whether  Passengers, 
detained  on  ship-board  or  removed  on  shore,  as  the  Quar-  ta1ned.^'“' 
antine  Hospital  Physician  may  direct,  who  shall  fail  to 
maintain  themselves,  shall  be  provided  for  by  the  master 
of  the  vessel  in  which  they  shall  have  arrived;  and  if  the 
master  shall  omit  to  provide  for  them,  as  above  directed. 


854 


health  — ORDINANCES. 


[art.  14. 


Penalties  im- 
posed for  vio- 
lations of 
orders,  rules 
and  regula- 
tions given 
and  made  by 
the  Quaran- 
tine Hospital 
Physician. 


the  expense  for  their  maintenance  shall  be  charged  to  the 
vessel  in  which  they  arrived.  And  such  vessel  shall  not 
be  permitted  to  leave  the  quarantine  grounds  until  such 
expense  shall  have  been  repaid,  or  secured  to  be  paid  in  a 
manner  satisfactory  to  the  Quarantine  Hospital  Physician. 


Penalties  and  Stipulations. 

City  Code,  (1879)  Art.  23,  Sec.  143.  City  Code,  (1893)  Art.  23,  Sec.  150. 

172.  If  the  captain,  commander,  or  other  person  having 
charge  of  any  vessel  which  shall  be  detained  at  quarantine 
by  the  Quarantine  Hospital  Physician,  shall  refuse  or 
neglect  to  obey  or  carry  into  effect  any  order  or  requisition 
of  the  Quarantine  Hospital  Physician  made  in  pursuance 
of,  and  in  conformity  with  the  provisions  of  section  169  of 
this  Article  he  shall  forfeit  and  pay  the  sum  of  twenty 
dollars  for  every  such  refusal  or  neglect,  and  the  further 
sum  of  twenty  dollars  for  every  hour  thereafter  during 
which  such  disobedience  shall  continue;  and  if  any  person 
on  board  such  vessel  shall  leave  it  and  come  on  shore 
without  the  permission  of  the  Quarantine  Hospital  Physi- 
cian, he  or  she  shall  forfeit  and  pay  the  sum  of  fifty  dollars; 
and  any  person  who  shall  have  been  permitted  to  land,  and 
directed  to  remain  at  the  Quarantine  Hospital  until  per- 
mitted to  go  into  the  city,  and  shall  leave  the  hospital 
grounds  without  the  permission  of  the  Quarantine  Hospital 
Physician,  shall  forfeit  and  pay  the  sum  of  fifty  dollars; 
and  if  any  person  shall  go  on  board,  or  have  communica- 
tion in  any  manner  otherwise  than  by  speaking  with  the 
persons  on  board  any  vessel  brought  to  or  detained  under 
the  provisions  of  this  section  of  this  Article  under  quaran- 
tine, before  he  or  she  hath  obtained  permission  from  the 
Quarantine  Hospital  Physician,  in  writing,  he  or  she  shall 
forfeit  and  pay  for  every  such  offence  the  sum  of  twenty 
dollars.  If  small  pox,  varioloid,  or  any  infectious  or  con- 
tagious disease  shall  appear  upon  any  of  the  officers,  crew 
or  passengers  of  any  vessel,  at  any  of  the  wharves  of  the 
city,  or  at  anchor  in  the  basin  or  harbor,  at  any  season  of 
the  year,  and  the  fact  shall  come  to  the  knowledge  of  the 


ART.  14.]  QUARANTINE  CHARGES  AGAINST  VESSELS — ORDINANCES.  855 


Commissioner  of  Health,  it  shall  be  the  duty  of  the  Com- 
missioner of  Health  to  order  said  vessel  to  the  quarantine 
grounds,  to  be  subject  to  the  regulations  hereinbefore 
provided  for  in  respect  to  vessels  detained  at  quarantine; 
and  if  the  commander,  captain,  or  other  person  having 
charge  of  such  vessel  shall  refuse  or  neglect  to  obey  such 
order,  he  shall  forfeit  and  pay  the  sum  of  one  hundred  Penalty, 
dollars  for  such  refusal  or  neglect,  and  the  further  sum  of 
twenty  dollars  for  every  hour  thereafter  during  which  time 
such  disobedience  shall  be  persisted  in;  and  it  shall  be  the 
duty  of  the  Commissioner  of  Health  to  notify  the  Quaran- 
tine Hospital  Physician  of  the  fact,  for  his  government  in 
the  case. 


Quarantine  Charges  Against  Vessels, 

City  Code,  (1879)  Art.  23,  Sec.  144.  City  Code,  (1893)  Art.  23,  Sec.  151. 

173.  The  Quarantine  Hospital  Physician,  upon  visiting  charges, 
any  vessel  in  compliance  with  the  provisions  of  this  sub- 
division of  this  Article,  whether  at  quarantine  or  elsewhere, 
shall  demand  and  receive  from  the  commander,  captain, 
owner  or  consignee  of  such  vessel,  the  following  sums  of 
money,  viz:  From  any  vessel  not  exceeding  two  hundred 
tons  register  measurement,  two  dollars  for  each  and  every 
voyage,  and  for  vessels  over  and  above  two  hundred  tons, 
one  cent  a ton  for  each  and  every  voyage.  And  it  shall  be 
the  duty  of  the  Quarantine  Hospital  Physician  to  make 
monthly  returns,  on  oath  of  all  money  collected  by  him, 
and  pay  over  the  same  to  the  City  Register  without  discount 
or  deduction;  and  also  to  return  the  number  of  vessels 
boarded  by  him,  and  the  tonnage  of  each.  And  if  any 
commander,  captain,  owner  or  consignee  of  such  vessel  payment,  how 
shall  refuse  or  neglect  to  pay  the  sum  authorized  to  be 
demanded  of  him  by  this  section,  it  shall  be  the  duty  of 
the  Quarantine  Hospital  Physician,  to  issue  and  deliver,  or 
cause  to  be  delivered,  to  said  commander,  captain,  owner 
or  consignee,  a written  order  forbidding  the  landing  of  any 
part  of  the  cargo  of  such  vessel  until  the  demand  is  paid; 
and  if  any  person,  so  notified,  shall  disobey  such  order,  he 


856 


HK  AI.TH — ORDINANCES . 


[art.  14. 


Charg-e  for 
patients. 


Necessary 

supplies. 


Custody  of 
goods  and 
baggage. 


or  she  shall  forfeit  and  pay  the  sum  of  twenty  dollars,  and 
the  further  sum  of  twenty  dollars  for  every  hour  there- 
after during  which  such  disobedience  shall  continue. 


Patients  at  Quarantine  Hospital. 

City  Code,  (V879)  Art.  23,  Sec.  147.  City  Code,  (1893)  Art.  23,  Sec.  154. 

174.  The  Quarantine  Hospital  Physician,  shall  be  author- 
ized and  he  is  hereby  directed  and  empowered  to  charge 
each  patient,  over  fifteen  years  of  age,  who  may  be  sent 
to  the  Quarantine  Hospital,  fifty  cents  for  each  and  every 
day  they  may  continue  therein,  and  twenty-five  cents  for 
each  and  every  person  under  fifteen  years  of  age,  except 
infants,  for  whom  no  charge  shall  be  made.  And  should 
said  patient  or  patients,  liable  to  pay  such  charges,  fail  to 
do  so  prior  to  leaving  said  hospital,  then  the  master,  owner 
or  consignee  of  the  ship  or  vessel  from  which  such  patient 
was  received  shall  be  answerable  for  said  charge,  and  it 
shall  not  be  lawful  for  any  person  commanding  or  having 
charge  of  such  ship  or  vessel,  to  remove  such  ship  or  vessel 
from  the  quarantine  grounds  before  executing,  in  writing, 
an  agreement  to  pay  to  the  Mayor  and  City  Council  of 
Baltimore,  such  sum  or  sums  as  shall  be  chargeable  to  each 
and  every  patient  sent  to  said  hospital  from  such  ship  or 
vessel. 


Supplies  for  Hospital. 

Ord.  114,  September  23,  1882.  City  Code,  (1893)  Art.  23,  Sec.  155. 

175.  The  Quarantine  Hospital  Physician,  through  the 
Commissioner  of  Health,  may  obtain  the  necessary  supplies 
for  the  support  of  the  hospital  and  for  carrying  out  the 
provisions  of  this  sub-division  of  this  Article,  and  all  bills 
for  these  purposes  must  be  contracted  by  the  Commissioner 
of  Health. 


City  Code,  (1879)  Art.  23,  Sec.  149.  City  Code,  (1893)  Art.  23,  Sec.  156. 

176.  Whenever  the  Quarantine  Hospital  Physician  shall 
find  it  necessary  to  order  the  goods,  baggage  or  bedding 


ART.  14.]  MEDICAL  ATTENDANCE — ORDINANCES. 


857 


from  on  board  a ship  or  vessel  for  the  purpose  of  cleansing* 
or  disinfecting  the  same,  he  shall  take  care  to  have  them 
kept  safe  from  injury  or  depredation,  and  cause  them,  when 
disinfected,  to  be  returned  to  the  ship  or  vessel  from  which 
they  were  taken,  before  such  ship  or  vessel  shall  leave  the 
quarantine  grounds,  unless  the  owner  or  owners  thereof 
be  detained  at  the  hospital,  in  which  case  the  same  shall  be 
delivered  to  the  respective  owner  or  owners  thereof,  when 
they  shall  be  discharged  from  the  hospital ; the  captain, 
owner  or  consignee  shall  be  answerable  for  all  expenses 
incurred  in  carrying  out  the  provisions  of  this  section.** 


Medical  Attendance, 

City  Code,  (1879)  Art.  23,  Sec.  151.  City  Code,  (1893)  Art.  23,  Sec.  158. 

177.  The  Quarantine  Hospital  Physician  may,  when  he  vaccination  of 
shall  deem  it  necessary  to  prevent  the  propagating  of  pSIeSers 
small  pox  or  varioloid  disease  among  the  crew  and 
passengers  of  a ship  or  vessel  detained  at  the  quarantine 
ground,  vaccinate  any  one  or  more  of  said  crew  and 
passengers,  and  may  charge  twenty-five  cents  a person  for 
performing  said  duty,  and  in  case  one  or  more  persons  on 
board  a ship  or  vessel  whom  it  would  not  be  necessary  to 
send  to  the  hospital,  but  who  may  desire  the  attendance  of 
the  Quarantine  Hospital  Physician  during  any  part  of  the 
time  said  ship  or  vessel  may  remain  at  the  quarantine 
ground,  shall  charge  fifty  cents  per  day  for  each  and  every 
person  he  may  so  attend;  and  incase  said  person  or  persons 
shall  fail  to  pay  said  charges,  then  the  ship  or  vessel,  the 
master,  the  owner  or  consignee  of  the  ship  or  vessel  shall 
be  answerable  for  the  charges  herein  provided  to  be  made; 
the  money,  when  collected,  to  be  paid  to  the  City  Register, 
to  be  placed  by  him  to  the  credit  of  the  Quarantine 
Hospital. 


**Note.— 6k’<f,  note  on  decision  of  Brown,  C.  J.,  in  re  Frederick 
Meyers  j/.  M.  &,C.  C.  of  Baltimore,  City  Court,  December  1873,  pages 
437,  etseq.  Baltimore  City  Code,  (1879). 


858 


HKAI^TH — ORDINANCES. 


[art.  14. 


City  Code,  (1879)  Art.  23,  Sec.  152.  City  Code,  (1893)  Art.  23,  Sec.  159. 

Whenever  the  Harbor  Master  shall  hear  or  know 
violations.  Qf  ylolatlon  of  any  of  the  provisions  of  this  sub-division 
of  this  Article,  it  shall  be  hisduty  to  report  said  violation  to 
the  Commissioner  of  Health,  who  shall  promptly  enforce 
the  penalties  of  this  sub-division  of  this  Article ; and  all 
money  so  collected  shall  be  paid  to  the  City  Register,  who 
shall  place  the  same  to  the  credit  of  the  quarantine 
hospital. 


REGISTRATION  OF  BIRTHS  AND  DEATHS. 

Registry  of  Births  and  Deaths. 

Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42,  Sec.  1. 

^SissioneTto  179.  The  Commissioner  of  Health  shall  provide  suitable 
b^k^for  books,  in  which  he  shall  register  in  the  manner  hereinafter 
registration,  (jj^gcted,  the  retums  made  to  him  of  the  births  and  deaths 
which  may  occur  in  the  city  of  Baltimore,  together  with 
the  reported  cause  of  death  in  each  case. 


Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42,  Sec.  9. 
Ord.  177,  December  23,  1904. 


Births  and 
deaths  to  be 
registered  in 
sepaiate 
books. 


To  be  open  to 
public. 


180.  The  registry  of  births  and  deaths  shall  be  kept 
in  separate  books,  with  general  indexes  to  the  respective 
records,  and  said  register  shall  at  all  times  be  accessible  to 
the  public,  except  for  purposes  of  commercial  solicitation 
or  private  gain,  under  such  restrictions  and  regulations,  as 
to  time,  place,  transcripts  and  abstracts  therefrom,  as  may 
be  imposed  by  the  Commissioner  of  Health,  or  by  any 
ordinance  of  the  Mayor  or  City  Council  of  Baltimore.** 


Death  Certificates. 

City  Code,  (1893)  Art.  42,  Sec.  2.  Ord.  112,  June  21,  1904. 

181.  When  any  person  shall  die  in  said  city  of  Baltimore 
and  the  case  does  not  come  under  the  notice  of  the  coroner, 

**See,  Diehl  v.  Bosley,  Equity  Docket  44A  folio  402,  Circuit  Court 
of  Baltimore  City,  construing  section  9,  supra.  This  case  was 
decided  March  11,  1905. 


ART.  14.]  DEATH  CERTIFICATES— ORDINANCES. 


859 


it  shall  be  the  duty  of  the  physician  who  attended  during  death"'”^ 

the  last  illness  of  such  deceased  person  to  furnish  within  J^^son. 

eighteen  hours  after  the  death,  to  the  undertaker  having 

in  charge  the  preparation  of  the  body  for  burial,  a certifi- 

cate  setting  forth  as  far  as  the  same  can  be  ascertained, 

the  full  name,  age,  color,  sex,  nativity,  occupation,  whether 

married  or  single,  duration  of  residence  in  the  city  of 

Baltimore,  cause,  date  and  place  of  death  and  duration  of 

last  illness  of  such  deceased  person  ; and  it  shall  then  be 

the  duty  of  the  undertaker  having  in  charge  the  prepara- 

tion  of  such  body  for  burial,  to  state  in  such  certificate, 

the  date  and  place  of  burial,  and  having  signed  the  same, 

to  furnish  and  deliver  it  to  the  Commissioner  of  Health 

within  twenty-four  hours  after  the  receipt  of  said  certificate 

from  the  physician  as  aforesaid  ; provided,  that  in  case  of 

death  from  any  infectious  or  contagious  disease,  said 

certificate  shall  be  so  made  by  the  undertaker  and 

delivered  to  the  Commissioner  of  Health  forthwith  upon 

its  receipt  from  the  physician. 

Young  V.  College,  etc.,  81  Md.  358. 


Ord.  112,  June  21,  1904. 

182.  When  any  person  shall  die  in  said  city,  and  the  Duty  of  coroner 
case  comes  under  the  notice  of  the  coroner,  it  shall  be  the  certiSJate  of 
duty  of  the  coroner,  within  eighteen  hours  after  the  death,  case  cornes 
to  furnish  to  the  undertaker  having  in  charge  the  preparation  llSticL 
of  the  body  for  burial,  the  certificate  called  for  by  the  next 
preceding  section  of  this  Article;  provided,  that  in  cases 
where  the  coroner  is  unable  to  furnish  said  certificate  to 
the  undertaker  within  said  eighteen  hours,  because  further 
time  is  required  by  him  for  investigation  as  to  the  cause  of 
death,  then  the  coroner  shall  have  further  time  in  which 
to  make  and  furnish  such  certificate  to  the  undertaker,  and 
shall  in  this  event  furnish  such  certificate  as  soon  as 
practicable  after  the  death,  and  upon  receipt  of  such 
certificate  by  the  undertaker,  it  shall  thereupon  be  his  duty  ^mfdeftaker. 
to  state  in  such  certificate  the  date  and  place  of  burial,  and, 
having  signed  the  same,  to  furnish  and  deliver  it  to  the 
Commissioner  of  Health  within  twenty-four  hours  after  the 


860 


health — ORDIN  A IS  CES . 


[art.  14. 


receipt  of  the  same  from  the  coroner  as  aforesaid;  provided, 
that  in  case  of  death  from  any  infectious  or  contagious 
^ whfr^Lase  said  certificate  shall  be  so  made  by  the  under- 

or  IX^fiou's!  taker  and  delivered  to  the  Commissioner  of  Health  forth- 
with upon  its  receipt  from  the  coroner. 


Ord.  112,  June  21,  1904. 

icate  shall  183.  In  the  certificate  required  to  be  furnished  by  the 
contain.  coroner  to  the  undertaker  in  accordance  with  the  next 
preceding  section,  the  coroner  shall  in  all  cases  certify  the 
cause  of  death  and  shall  state  whether  the  death  was  due 
to  natural  causes,  accident,  suicide  or  homicide. 

Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42,  Sec.  3. 

Permits  for  184.  No  interment  or  disinterment  of  the  dead  body  of 
any  human  being  or  disposition  thereof  in  any  tomb,  vault 
or  cemetery,  shall  be  made  within  the  city  of  Baltimore, 
without  a permit  granted  therefor  by  the  Commissioner  of 
Health,  and  no  sexton,  undertaker  or  other  person  shall 
assist  in,  or  assent  to,  or  allow  such  interment  or  disinter- 
ment, or  aid,  or  assist  about  preparing  any  grave  qr  place 
of  deposit  for  any  such  body  for  which  such  permit  has  not 
been  given  authorizing  the  same.  And  it  shall  be  the  duty 
of  every  person  who  shall  receive  any  such  permit  to  pre- 
serve and  return  the  same  to  the  office  of  the  Commissioner 
of  Health  before  twelve  o^clock  M.,  on  the  Saturday  next 
succeeding  the  date  of  burial  or  removal  of  the  body; 
provided,  however,  that  after  a permit  has  been  given  no 
additional  permit  shall  be  required  to  remove  the  body  from 
one  place  to  another  place  in  the  same  cemetery. 


Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42.  Sec.  4. 

Certificate  of  185.  In  case  any  person  shall  die  without  the  attend- 
ance  of  a physician,  or  if  the  physician  who  did  attend  at 
the  time  of  death  refuses  or  neglects  to  furnish  a certifi- 
cate as  aforesaid,  it  shall  be  the  duty  of  the  undertaker  or 
other  person  acquainted  with  the  facts  to  report  the  same  to 


ART.  14.]  TRANSPORTATION  OF  DEAD  BODIES— ORDINANCES. 


861 


the  Commissioner  of  Health,  who  shall  be  authorized  to  give 
a certificate  of  death  as  aforesaid,  provided  it  be  not  a case 
requiring  the  attendance  of  a coroner. 


Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42.  Sec.  5. 

186.  In  case  any  physician  or  coroner  shall  refuse  or  penalty, 
neglect  to  furnish  said  certificate  as  aforesaid,  he  shall 
forfeit  and  pay  the  sum  of  ten  dollars  ($10)  for  each  and 
every  offence;  and  any  undertaker,  sexton  or  other  person 
removing  the  dead  body  of  any  person,  or  having  charge 
of  any  vaults,  burying-grounds  or  cemeteries,  who  refuses 
or  neglects  to  perform  any  of  the  duties  required  by  this 
sub-division  of  this  Article  shall  forfeit  and  pay  the  sum  of 
twenty  dollars  ($20). 


Permits  for  Transportation  of  Dead  Bodies. 

Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42,  Sec.  6. 

Ord.  103,  June  20,  1904. 

187.  No  dead  body  or  part  of  the  dead  body  of  any 
human  being  shall  be  in  any  manner  conveyed  or  carried 
from,  in,  to  or  through  the  city  of  Baltimore  by  any  person 
or  by  means  of  any  boat,  vessel,  car,  stage  or  other 
vehicle,  or  by  any  public  or  private  conveyance,  without  a Permit  for 
permit  therefor  first  granted  by  the  Commissioner  of 
Health;  and  when  the  dead  body  or  any  part  of  the  dead 
body  of  any  person  is  to  be  conveyed,  transferred  or  re- 
moved beyond  the  limits  of  the  city  of  Baltimore,  it  shall 
be  the  duty  of  the  person  or  agent  or  officer  of  the  corpora- 
tion  having  charge  of  the  conveyance,  transfer  or  removal, 
to  detach,  sign  and  return  the  coupon  attached  to  said 
permit  to  the  Commissioner  of  Health  before  twelve  o'clock 
M.,  on  Saturday  next  succeeding  the  conveyance,  removal 
or  transfer  of  said  dead  body,  and  any  person  or  persons 
who  shall  violate  any  of  the  provisions  of  this  section,  shall 
be  guilty  of  a misdemeanor,  and,  upon  conviction  thereof 
shall  be  subject  to  a fine  of  not  less  than  ten  or  more  than  Penalty, 
fifty  dollars  for  each  offence. 


862 


health — ORDINANCES . 


[art.  14. 


Midluifery. 

Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42,  Sec. 7. 

^wrth7t?be  person  practicing  midwifery  in  the  city  of 

kept.  Baltimore,  under  whose  charge  or  superintendence  a birth 
shall  hereafter  take  place,  shall  keep  a true  and  exact  regis- 
ter of  such  birth,  and  shall  enter  the  same  on  a blank  sched- 
ule to  be  furnished  by  the  Commissioner  of  Health.  This 
schedule  shall  contain  a list  of  the  births  which  have 
occurred  under  his  or  her  care  during  the  month,  and  shall 
set  forth,  as  far  as  the  same  can  be  ascertained,  the  full 
Physicians  to  name  of  each  child  (if  any  shall  have  been  conferred, ) its- 
report  irths.  eolor,  the  full  name  and  occupation  of  its  parents,  the 
date  and  place  of  its  birth:  and  the  said  schedule  shall  be 
duly  signed  by  the  practitioner  in  the  form  of  a certificate, 
between  the  first  and  third  day  of  each  and  every  month, 
to  the  office  of  the  Commissioner  of  Health.  In  case  the 
Parents  to  birth  of  any  child  shall  occur  without  the  attendance  of  a 
repor  ir  s.  ^ practitionor  of  midwifery,  or  should  no  other 

person  be  in  attendance  upon  the  mother  immediately  there- 
after it  shall  become  the  duty  of  the  parent  or  parents  of 
such  child  to  report  its  birth  to  the  Commissioner  of  Health, 
in  the  manner  and  within  the  period  above  required;  and 
any  such  person  or  persons  who  shall  hereafter  fail  to 
comply  with  the  provisions  of  this  section  shall  be  subjected 
to  a fine  of  ten  dollars  ($10)  for  each  offence. 

Register  of  Physicians,  Midwives,  Undertakers 
and  others, 

Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42,  Sec.  8. 

189.  It  shall  be  the  duty  of  every  physician,  midwife, 
undertakers  Undertaker,  sexton  or  superintendent  of  any  cemetery,  or 
te”n1ilntsSr  othor  porson  having  charge  of  the  same,  within  the  city  of 
reSIterfheK  Baltimore,  to  register  his  or  her  name  in  a book  or  books, 
to  be  provided  for  such  purpose  at  the  office  of  the  Corn- 
Department.  jy^iggioner  of  Health,  giving  full  name,  residence  and  place 
of  business,  and  in  case  of  removal  from  one  place  to 
another  in  said  city,  to  make  change  in  said  register  ac- 
cordingly. And  any  physician,  midwife,  undertaker. 


ART.  14.]  REGISTRY  OF  PHYSICIANS,  MIDWIVKS,  ETC. — ORDINANCES.  863 


sexton,  or  superintendent  of  any  cemetery  who  shall  refuse 
or  neglect  to  register  his  or  her  name,  residence  or  place 
of  business,  or  who  shall  refuse  or  neglect  to  perform  any 
other  of  the  duties  required  as  aforesaid,  shall  forfeit  and 
pay  for  each  offence  the  sum  of  ten  dollars  ($10). 


Ord.  114,  November  11,  1898. 

190.  The  Commissioner  of  Health  shall  have  authority 
to  issue  a transcript  of  birth  or  death,  upon  the  request  in  commissioner 

• • Ml  n 1 *1  1 1 n 1 of  Health  to 

writing  of  a responsible  person,  for  which  he  shall  charge 
the  sum  of  fifty  cents  for  each  and  every  one  furnished. 

Whenever  a search  of  the  records  is  made  without  result 
a similar  charge  shall  be  made  for  a certificate  stating  such 
facts,  except  when  such  applicant  shall  fail  to  furnish  the 
full  data,  when  a special  charge  of  not  more  than  one 
dollar  ($1)  shall  be  made. 


Ord.  114,  November  11,  1898. 

191.  The  Commissioner  of  Health  shall  account  to  the  Accounting  for 
Comptroller  monthly  for  all  monies  received  by  his  depart-  received, 
ment  from  the  above  charges. 


Ord.  102,  May  24.  1884.  City  Code,  (1893)  Art.  42,  Sec.  10. 

192.  In  order  to  secure  uniformity  and  despatch  in  the  Order  of 
registration  herein  provided  for,  the  books  shall  contain  on 
the  margin  of  each  page,  printed  titles,  with  corresponding 
blanks  suitable  for  entries  for  births  and  deaths,  in  the 
following  order:  Births, —full  name  of  the  child  (if  any 
shall  have  been  conferred),  sex,  color,  full  name  of  the 
father,  full  name  of  the  mother,  day,  month  and  year  of 
the  birth,  street  and  number  of  the  house  where  born, 
name  of  the  physician  or  other  person  signing  the  certifi- 
cate, and  his  or  her  residence.  Deaths, — full  name  of  the 
deceased,  color,  sex,  age,  married  or  single,  occupation, 
birthplace,  date  of  death,  cause  of  death;  when  an  infant 
unnamed,  the  name  of  the  father  and  mother,  ward,  street 
and  number  of  house,  and  date  and  place  of  burial. 


864 


HEALTH — ORDINANCES. 


[art.  14. 


Ord.  102,  May  24,  1884.  City  Code,  (1893)  Art.  42,  Sec.  11. 

193.  The  Commissioner  of  Health  shall  keep  on  hand 
at  all  times,  a supply  of  blanks  for  gratuitous  distribution 
to  all  persons  whose  duty  it  shall  be  to  make  returns  under 
this  sub-division  of  this  Article,  the  said  blanks  to  be 
prepared  in  the  form  of  books,  and  the  margins  shall 
correspond  with  the  printed  titles  in  the  books  of  the  Com- 
missioner of  Health,  as  required  by  the  next  preceding 
section. 


Ord.  69,  May  17,  1895. 

Dead  bodies  194.  No  person  or  persons  shall  allow  to  be  retained 
buried  longer  body  of  any  human  being  for  a longer 

than  four  time  than  four  days,  or  where  death  has  been  caused  by  an 
i^ong«-^than  lufectious  or  contagious  disease  for  a longer  time  than 
where  death  twenty-four  hours  after  the  death  of  such  person  without 
infSftiousor  ^ Permit  from  the  Commissioner  of  Health,  which  permit 
contegj^ous  shall  specify  the  length  of  time  such  body  may  be  retained 
unburied;  any  person  or  persons  violating  any  of  the  pro- 
penaity.  visions  of  this  section  shall  be  liable  to  a penalty  of  fifty 
dollars  ($50). 


SLAUGHTER  AND  HIDE  HOUSES,  HOG  PENS, 

City  Code,  (1879)  Art.  23,  Sec.  66.  City  Code,  (1893)  Art.  23,  Sec.  87. 

Examination  195.  Should  complaint  be  made  to  the  Commissioner  of 
against  Health  by  six  of  the  property  holders  or  heads  of  families 
houses.  within  six  hundred  feet  of  any  slaughter-house,  that  such 
slaughter-house  is  a nuisance,  affecting  the  health  of  the 
neighbors  or  the  value  of  property  in  the  vicinity,  it  shall 
be  his  duty  to  examine  the  place,  and  if  he  shall  think  the 
complaint  well  founded,  to  report  the  case  to  the  Mayor, 
and  also  to  report  to  him  under  what  resolution  or  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore,  the  slaughter- 
house was  erected. 


[art.  14.  SLAUGHTER  AND  HIDE  HOUSES,  ETC. — ORDINANCES. 


865 


City  Code,  (1879)  Art.  23,  Sec.  67.  City  Code,  (1893)  Art.  23,  Sec.  88. 

196.  If  the  Mayor  shall  agree  with  the  Commissioner  Notke  for 
of  Health  that  the  slaughter-house  is  a nuisance,  and  it 
shall  have  been  erected  under  any  resolution  or  ordinance  coming  a 

. j,  f nuisance. 

providing  that  it  shall  be  removed  upon  notice  from  the 
Mayor,  he,  the  Mayor,  shall  immediately  give  the  notice 
required  by  such  resolution  or  ordinance;  but  if  the 
slaughter-house  shall  not  have  been  erected  under  a resolu- 
tion or  ordinance  containing  such  a provision,  the  Mayor 
shall  take  steps  to  have  such  nuisance  proceeded  against 
at  common  law. 


City  Code,  (1879)  Art.  23,  Sec.  68.  City  Code,  (1893)  Art.  23,  Sec.  89. 

197.  No  slaughter-house  or  hide-house  shall  hereafter  slaughter 
be  erected  within  the  limits  of  the  city,  under  a penalty  of 
two  hundred  dollars,  and  a further  penalty  of  one  hundred 
dollars  for  each  and  every  month  thereafter,  until  the  same 
is  pulled  down,  or  removed  out  of  the  city  limits. 


City  Code,  (1879)  Art.  23,  Sec.  69.  City  Code,  (1893)  Art.  23,  Sec.  90. 

198.  It  shall  not  be  lawful  for  any  person  or  persons  to  Hog  pens, 
keep  any  hog  or  hogs,  in  any  sty  or  yard,  or  elsewhere  on 
their  premises  within  the  city  of  Baltimore,  under  a penalty 
of  not  less  than  one  dollar,  nor  more  than  five  dollars,  for 
each  and  every  day  each  and  every  hog  may  be  kept  in 
any  sty  or  yard  or  elsewhere  on  such  premises  within  said 
limits  ; provided,  however,  that  the  provisions  of  this  sec- 
tion shall  not  apply  to  hogs  brought  to  the  city  for  the 
purpose  of  sale  or  slaughter,  whether  in  the  possession  of 
parties  bringing  them  to  the  city  for  sale  or  slaughter,  or 
in  the  possession  of  any  agent  of  such  parties,  or  in  the 
possession  of  a resident  pork  butcher  or  packer,  when 
penned  in  any  of  the  enclosures  attached  to  the  Maryland 
State  live  stock  scales.  This  provision  of  exemption  from 
the  conditions  of  this  section,  however,  is  not  to  be  construed 
to  allow  any  resident  pork  butchers  or  packers  to  keep  any 
hogs  about  their  premises  for  any  purpose  other  than  for 


866 


HKALTH — ORDINANCES . 


[art.  14. 


slaughter,  and  for  the  purpose  of  slaughter  for  a period 
no  longer  than  ten  days  from  the  time  of  the  first  receipt 
of  said  hogs. 


City  Code,  (1879)  Art.  23,  Sec.  70.  City  Code,  (1893)  Art.  23,  Sec.  91. 

^^fhog^s”Say  shall  be  lawful  for  any  victualler,  a resident  of 

be  kept.  Qf  Baltimore,  to  keep  on  his  slaughter-house 

premises,  to  run  at  large  thereon  only,  such  number  of 
hogs  as  may  be  deemed  requisite  to  consume  the  offal  from 
his  slaughter-house ; provided  said  victualler  shall  first 
procure  a permit  so  to  do  from  the  Commissioner  of  Health; 
and  the  granting  of  such  permit  or  its  refusal  shall  be  in 
the  discretion  of  the  Commissioner  of  Health,  as  provided 
in  the  next  succeeding  section. 

City  Code,  (1879)  Art.  23,  Sec.  71.  City  Code,  (1893)  Art.  23,  Sec.  92. 

permkstokeep  200.  It  shall  be  the  duty  of  the  Commissioner  of 
Health,  when  application  shall  be  made  to  him  by  any 
victualler  for  permission  to  keep  hogs  on  his  premises,  to 
visit  the  said  premises  ; and  if,  in  his  judgment  the  keep- 
ing of  a certain  number  of  hogs  upon  the  same  shall  not 
create  a nuisance,  or  be  detrimental  to  the  health  of  the 
contiguous  neighborhood,  then  he  shall  give  a permit, 
as  is  provided  for  in  the  next  preceding  section  ; said  per- 
mit to  be  good  for  twelve  months,  unless  sooner  revoked 
by  him. 

City  Code,  (1879)  Art.  23,  Sec.  72.  City  Code,  (1893)  Art.  23,  Sec.  93. 

Penalty.  201.  Any  person  who  shall  keep  hogs  upon  his 

premises,  without  first  having  had  and  obtained  a permit 
so  to  do,  as  provided  for  in  the  two  next  preceding  sec- 
tions, shall  forfeit  and  pay  a fine  of  twenty  dollars  for 
every  violation,  and  five  dollars  for  every  day  such  violation 
is  continued. 


FINES  AND  PENALTIES. 

City  Code,  (1879)  Art.  23,  Sec.  12.  City  Code,  (1893)  Art.  23,  Sec.  21. 

202.  If  any  person  or  persons  shall  refuse  or  neglect  to 
comply  with  any  order  or  notice  of  the  Commissioner  of 


ART.  15.] 


HOLIDAYS — OR  DINANCES . 


867 


Health,  authorized  by  the  provisions  of  any  section  of  this  ^ n"  nSo^pii. 
Article  and  no  other  penalty  is  herein  provided  for  such 
neglect  or  refusal,  such  person  or  persons  shall  forfeit  and  m?slione?oT 
pay  the  sum  of  twenty  dollars  for  each  offence,  and  five  dol-  Health, 
lars  for  every  day  that  such  neglect  or  refusal  shall  continue. 

203.  All  fines,  penalties  and  forfeitures  incurred 
any  violation  of  this  Article  shall  be  recovered  as  other 
fines,  forfeitures  and  penalties  imposed  for  the  violation  of 
city  ordinances  are  recoverable,  and  the  monies  so  collected 
shall  be  paid  to  the  Comptroller. 


ARTICLE  XV. 


HOLIDAYS. 


ORDINANCES. 


1.  Twelfth  of  September  to  be  a 

municipal  holiday. 

2.  First  Monday  in  September  to 

be  Labor  Day. 


3.  Saturday  half-holiday. 


City  Code,  (1879)  Art.  24,  Sec.  1.  City  Code,  (1893)  Art.  24,  Sec.  1. 

1 . The  twelfth  day  of  September  is  hereby  recognized  ^ 
and  declared  to  be  a municipal  holiday,  and  upon  its  annual 
recurrence  the  municipal  departments  shall  be  closed,  and 
the  business  of  the  corporation  suspended,  as  a mark  of 
respect  for  the  day. 


Ord.  102,  October  2,  1888.  Ord.  140,  October  9,  1891.  City  Code,  (1893) 

Art.  24,  Sec.  2. 

2.  The  first  Monday  in  September  of  each  year  is  hereby  i^abor  day. 
designated  as  “Labor  Day,’’  and  is  hereby  recognized  and 
declared  to  be  a municipal  holiday  ; and  upon  its  annual 
recurrence  the  municipal  departments  shall  be  closed,  and 


868 


HOSPITALS — ORDINANCKS. 


[art.  16. 


Saturday  half 
holiday. 


the  business  of  the  corporation  suspended  thereon,  so  that 
the  employes  of,  or  those  holding  office  under  the  munic- 
ipal government,  belonging  to  labor  organizations,  may 
have  the  opportunity  of  participating  in  the  parades, 
demonstrations  and  festivities  of  said  organizations  on  that 
day. 


Ord.  54,  April  19,  1892.  City  Code,  (1893)  Art.  25,  Sec.  3. 

3.  Hereafter  on  every  Saturday  in  the  year,  when  the 
offices  in  the  municipal  departments  in  the  City  Hall  are  not 
closed  by  reason  of  the  day  being  a full,  legal  or  municipal 
holiday,  the  office  hours  of  the  said  municipal  departments 
in  the  City  Hall  shall  cease  at  twelve  o'clock  noon. 


ARTICLE  XVI. 

HOSPITALS. 

ORDINANCES. 


Insane  Asylums. 

1.  Not  to  be  built  within  city. 

2.  No  building  within  city  to  be 

used  as  such. 

3.  Penalty  for  offending  against 

provisions  of  this  sub-divi- 
sion . 

Hospitals  for  the  Sick. 

4.  No  hospital  for  such  to  be  es- 

tablished without  assent  of 
Mayor  and  City  Council; 
notice  by  publication  before 
such  assent  given. 

5.  Penalty  for  unauthorized  es- 

tablishment of  such  hospital. 


Maryland  Hospital  and  Insane 
Asylum. 

6.  Monthly  examination  of  insane 

patients  at  Bay  View  Asy- 
lum; transfer  of  indigent 
insane  to  hospital  for  cura- 
tive treatment. 

7.  Permit  for  insane  paupers  to 

enter  Spring  Grove  or  other 
asylum. 

City  Patients. 

8.  Maintenance  and  treatment  of 

such  patients  at  said  hospi- 
tals ; officers  of  said  hospitals 
to  keep  separate  account  of 
such  patients  and  report  to 
Mayor  and  City  Council. 


ART.  16.] 


INSANE  ASYLUMS — ORDINANCES. 


869 


9.  Disposition  of  bodies  of  such 

patients  in  case  of  death; 
City  Register  to  pay  for 
burial  when  body  not 
claimed. 

10.  Duty  of  hospitals  in  respect 

to  maintenance  and  treat- 
ment of  city  patients;  duty 
of  Supervisors  of  City  Chari- 
ties therein;  to  keep  list  of 
persons  sent  to  hospitals;  to 
report  to  said  Supervisors 
monthly. 

11.  Burial  of  patients  dying  in 

said  hospitals. 


12.  Supervisors  of  City  Charities 

to  visit  hospitals. 

13.  Forfeiture  by  hospitals  of 

benefits  under  this  Article. 

Ambulances. 

14.  To  have  right  of  way  in  go- 

ing to  or  carrying  sick  or  in- 
jured; to  have  same  privi- 
leges as  Fire  Department. 

15.  Penalty  for  hindering  ambu- 

lances. 

16.  Recovery  of  fines  imposed 

under  this  Article. 


INSANE  ASYLUMS. 


City  Code,  (1879)  Art.  25,  Sec.  1.  City  Code,  (1893)  Art  25,  Sec.  1. 

1 .  It  shall  not  be  lawful  for  any  person  or  persons  to 
erect  or  build,  or  cause  to  be  erected  or  built,  any  lunatic 
or  insane  asylum  within  the  city  limits. 


City  Code,  (1879)  Art.  25,  Sec.  2.  City  Code,  (1893)  Art.  25,  Sec.  2. 

2.  No  building  already  erected,  within  the  limits  building  in 
of  direct  taxation,  shall  be  used  as  an  insane  asylum,  or  S^ed^as^Lch. 
for  the  purpose  of  containing  insane  persons. 


City  Code,  (1879)  Art.  25,  Sec.  3.  City  Code,  (1893)  Art.  25,  Sec.  3. 

3.  Any  person  or  persons  offending  against  the  pro- Penalty, 
visions  of  the  two  next  preceding  sections  shall  forfeit  and 
pay  the  sum  of  one  hundred  dollars  for  every  such  offence, 
and  the  further  sum  of  one  hundred  dollars  a day  for  every 
day  they  shall  permit  any  building  to  be  used  for  such 
purpose. 


870 


HOSPITAI.S — ORDINANCES . 


[art.  16. 


HOSPITALS  FOR  THE  SICK. 

City  Code,  (1879)  Art.  25,  Sec.  4.  City  Code,  (1893)  Art.  25,  Sec.  4. 

^fo^?uch^obe  shall  not  be  lawful  to  establish  any  hospital  for 

established 


without 
assent  of  M. 
and  C.  C. 


the  sick,  within  the  limits  of  direct  taxation,  unless  by  and 
with  the  assent  of  the  Mayor  and  City  Council  of  Baltimore; 
provided,  that  before  such  assent  shall  be  given,  public 
notice  shall  be  given  of  an  intention  to  apply  to  the  City 
Council  for  such  grant,  which  public  notice  shall  be  given 
at  least  thirty  days  before  the  City  Council  shall  act  upon 
the  application,  and  published  at  least  once  a week  for  four 
weeks  in  not  less  than  two  of  the  daily  newspapers  of  the 
city.** 


City  Code,  (1879)  Art.  25,  Sec.  5.  City  Code,  (1893)  Art.  25,  Sec.  5. 

5.  If  any  hospital  for  the  sick,  as  aforesaid,  shall  be 
established  in  violation  of  the  next  preceding  section,  the 
party  or  parties  so  establishing  the  same  or  who  may  be 
conducting  it  shall  be  fined  the  sum  of  fifty  dollars  for  each 
and  every  day  it  is  permitted  to  remain  as  such,  after 
having  received  notice  of  ten  days  from  the  Mayor  or 
Commissioner  of  Health  to  discontinue  it. 


MARYLAND  HOSPITAL  AND  INSANE  ASYLUMS. 


City  Code,  (1879)  Art.  25,  Sec.  6.  City  Code,  (1893)  Art.  25,  Sec.  6. 


Monthly  ex-  0, 
amination  of 
insane 
patients  at 
Bay  View. 


The  Supervisors  of  City  Charities  shall  cause  monthly 
examinations  of  all  insane  patients  in  Bay  View  Asylum, 
to  be  made  by  the  physician  in  charge,  and  shall  from  time 
to  time  transfer  to  the  Maryland  Hospital  such  indigent 
lunatics  as  in  the  judgment  of  said  physicians  will  most 
probably  be  benefited  by  curative  treatment ; provided,  the 
number  thus  transferred  shall  not  exceed  the  legal  quota 
under  section  11  of  Article  44  of  the  Code  of  Public  General 
Laws,  title  “Hospital — Maryland.’^ 

Md.  Hospital  v.  Foreman,  29  Md.  524. 


'^'^See  note.  City  Code,  (1879)  page  447. 


ART.  16.] 


CITY  PATIENTS — ORDINANCES. 


871 


City  Code,  (1879)  Art.  25,  Sec.  7.  City  Code,  (1893)  Art.  25,  Sec.  7. 

7.  The  Supervisors  of  City  Charities  are  hereby 
authorized  and  empowered,  upon  a properly  authenticated 
certificate  of  two  competent  physicians,  to  issue  a permit 
in  behalf  of  any  indigent  insane  citizen  of  the  city  of  Balti- 
more,  suffering  with  an  acute  or  curable  form  of  mania, 
under  which  permit  such  person  may  be  taken  to  the  asylum. 
Maryland  Hospital  at  Spring  Grove  in  Baltimore  County, 
or  any  other  hospital  for  the  insane  in  the  State  of  Mary- 
land, that  the  Supervisors  of  City  Charities  may  determine; 
and  the  officers  of  the  said  hospital,  on  receipt  of  such 
permit,  are  hereby  authorized  to  receive  such  person  on 
account  of  the  Mayor  and  City  Council  of  Baltimore  ; pro- 
vided, that  the  Mayor  and  City  Council  of  Baltimore  shall 
not  be  liable,  under  any  such  permit,  for  a longer  period, 
nor  for  a greater  amount,  than  that  for  which  appropria- 
tion may  be  made.** 


CITY  PATIENTS.f 

City  Code,  (1879)  Art.  25,  Sec.  8.  City  Code,  (1893)  Art.  25,  Sec.  8. 

8.  It  shall  be  the  duty  of  the  officers  of  said  hospital  or  Maintenance 
hospitals,  to  which  said  person  may  be  sent,  to  properly  pent  of  such 
maintain  and  treat  the  persons  so  sent  to  their  institution,  p”ti?nts. 
on  permit  as  aforesaid  ; and  also  to  keep  separate  lists  of 

all  persons  sent  to  said  hospital  under  the  provisions  of  the 
next  preceding  section  of  this  Article  ; and  the  said  officers 
shall  report,  in  writing,  to  the  Mayor  and  City  Council  of 
Baltimore,  at  least  quarterly,  the  number,  name  and  sex  of 
persons  received  and  treated  by  them  as  aforesaid,  and  any 
other  information  they  may  deem  interesting  or  important 
in  connection  therewith. 

City  Code,  (1879)  Art.  25,  vSec.  9.  City  Code,  (1893)  Art.  25,  Sec.  9. 

9.  If  any  persons  sent  or  taken  to  the  said  hospital  suriai  of  .such 
under  the  provisions  of  section  7 of  this  Article  shall  die 


**Note. — See  note.  City  Code,  (1879)  pages  445  and  452. 
fin  relation  to  contracts  with  city  for  maintenance  and  care  of  city 
poor,  see^  St.  Mary’s  Industrial  School  v.  Brown,  45  Md.  334. 


872 


HOSPITALS — ORDINANCES. 


[art.  16. 


Duty  of 
hospitals  in 
respect  to 
maintenance 
and  treat- 
ment of  City 
patients. 


Burial  of  such 
patients. 


while  inmates  thereof,  their  bodies  shall  be  delivered  to 
any  relatives  or  friends  who  may,  within  twelve  hours 
after  decease,  demand  the  same  for  interment ; and  if  not 
claimed  in  that  time  by  relatives  or  friends  the  same  shall 
be  properly  buried  under  the  direction  of  the  officers  of 
said  hospital ; and  the  City  Register  shall  pay  therefor  a 
sum  not  exceeding  eight  dollars  for  every  body  so  interred, 
upon  the  certificate  of  the  president  of  the  institution, 
countersigned  by  the  Commissioner  of  Health. 


City  Code,  (1879)  Art.  25,  Sec.  12.  City  Code,  (1893)  Art.  25,  Sec.  12. 

10.  It  shall  be  the  duty  of  such  hospitals  with  which 
the  Mayor  and  City  Council  of  Baltimore  may  contract,  to 
receive  and  properly  maintain  and  treat  the  persons  sent 
to  their  respective  hospitals  under  the  terms  of  such  con- 
tracts so  long  as  such  persons  in  the  opinion  of  the 
Supervisors  of  City  Charities,  may  be  entitled  to  relief, 
and  require  it ; said  opinion  of  the  Supervisors  of  City 
Charities  in  regard  to  the  dismissal  or  removal  from  said 
institution  shall  not  be  exercised  without  consulting  with 
the  resident  physicians  of  said  hospitals ; and  they  shall 
also  keep  lists  of  all  persons  sent  to  said  hospitals,  in  which 
shall  be  stated  the  names  of  the  persons,  their  residences, 
and  the  diseases  treated  by  them  ; and  they  shall  report  in 
writing  to  the  Supervisors  of  City  Charities,  at  least 
monthly,  the  number  of  persons  received  by  them  as 
aforesaid,  and  for  what  diseases. 


City  Code,  (1879)  Art.  25,  Sec.  13.  City  Code,  (1893)  Art.  25,  Sec.  13. 

11.  If  any  person  sent  or  taken  to  any  of  the  hospitals 
to  which  reference  is  made  in  the  next  preceding  section 
of  this  Article  shall  die  under  the  charge  of  the  authorities 
thereof,  the  body  shall  be  delivered  to  any  relative  or 
friend  of  the  deceased  who  may  within  twenty-four  hours 
after  death  demand  the  same  for  interment,  and  if  not 
claimed  within  that  time  by  relatives  or  friends,  the  same 
shall  be  delivered  to  the  Commissioner  of  Health,  to  be 
interred  according  to  the  provisions  of  Article  14  of  this 
Code, 


ART.  16.] 


AMBULANCES — ORDINANCES . 


873 


City  Code,  (1879)  Art.  25,  Sec.  15.  City  Code,  (1892)  Art.  25,  Sec.  15. 

12.  It  shall  be  the  duty  of  the  Supervisors  of  City 
Charities  to  visit  the  said  hospitals  at  least  once  a month,  holpfiis. 
to  inform  themselves  in  reference  to  the  condition  of  those 
sent  there  under  the  authority  of  law  or  ordinance. 


City  Code,  (1879)  Art.  25,  Sec.  16.  City  Code,  (1893)  Art.  25,  Sec.  16. 

13.  If  at  any  time  the  authorities  of  any  of  said 
hospitals  shall  violate  the  provisions  of  this  Article,  they 
shall  thenceforth  be  excluded  from  the  benefit  of  the  same. 


AMBULANCES. 

Ord.  28,  June  10,  1897. 

14.  Any  ambulance  or  vehicle  belonging  to  the  Police 
Department  of  the  city  of  Baltimore,  or  to  any  hospital 
situated  in  said  city,  shall  be  entitled  to  the  right  of  way 
over  the  streets,  lanes  and  highways  of  the  city  of  Balti- 
more while  going  to  the  sick  or  injured,  or  conveying  them 
to  their  homes,  the  hospitals  or  station  houses,  and  said 
ambulances  or  vehicles  shall  enjoy  the  same  privileges 
in  going  or  conveying  said  sick  or  injured  as  are  now 
enjoyed  by  the  Baltimore  City  Fire  Department. 


Ord,  28,  June  10,  1897. 

15.  Any  person  or  persons  interfering  with  or  hinder- 
ing said  ambulances  or  vehicles  of  the  hospitals  situated  in 
Baltimore  city,  or  of  the  Police  Department,  in  passing  along 
any  of  the  streets,  lanes  or  highways  in  the  city  in  going 
to  or  conveying  any  sick  or  injured  person  or  persons  shall, 
upon  conviction  thereof,  pay  a fine  of  fifty  dollars  ($50) , Penalty, 
to  be  recovered  as  other  fines  are  recovered. 

16.  All  fines  incurred  by  the  violation  of  any  of  the  Recovery  and 
provisions  of  this  Article  shall  be  recovered  as  other  fines 
imposed  by  ordinance  are  recoverable,  and  when  collected 

shall  be  paid  to  the  Comptroller. 


874  INSPECTIONS,  WEIGHTS  AND  MEASURES — ORDINANCES.  [arT.  17. 


ARTICLE  XVII. 

INSPECTIONS,  WEIGHTS  AND 
MEASURES. 

ORDINANCES. 


Hay  and  Straw. 

1.  Reg:ulations  for  sale  of  loose  hay 

and  straw. 

Reports  of  Inspectors. 

2.  Inspectors  to  make  quarterly  re- 

ports to  Mayor  of  articles  in- 
spected. 

Streets. 

3.  Articles  to  be  inspected  or 

gauged  may  be  placed  on  foot- 
waj^s  ; not  to  obstruct  footways 
or  entrj^  or  exit  to  or  from  any 
house,  store,  etc.,  without  con- 
sent of  owner ; penalty. 

Keepers  of  the  Standards  of 
Weights  and  Measures. 

4.  Appointment  of  six  keepers  of 

standards  of  weights  and  meas- 
ures ; duties ; bond  ; districts 
in  which  keepers  shall  have 
authority  ; to  be  residents  of 
district  for  which  appointed. 

5.  Each  keeper  to  have  an  office  in 

a central  location  ; office  hours. 

6.  Comptroller  to  procure  sets  of 

weights  and  measures  for 
keepers  ; to  keep  one  standard 
set  in  his  office. 

7.  Standard  set  to  be  same  as 

United  States  standard. 

8.  Each  keeper  to  compare  his 

weights,  etc.,  with  the  stand- 


ard set  quarterly  ; penalty  for 
failure  to  compare. 

9.  Dimensions  of  bushel,  ^half- 

bushel,  peck,  half-peck  and 
quarter-peck  measures. 

10.  Weights  and  measures  to  be  in- 

spected and  stamped  ; annual 
inspection  ; such  stamped  and 
inspected  weights  and  meas- 
ures only  to  be  used  in  sale  of 
articles  by  weight  or  measure. 

11.  Branding  of  dr}'  measures ; 

penalty  for  counterfeiting 
brand. 

12.  Scale  beams  to  be  inspected 

and  stamped  ; penalty. 

13.  Patent  balances,  platforms  or 

scales  to  be  inspected  and 
stamped  ; annual  inspection  ; 
penalty  for  use  without  in- 
spection . 

14.  Said  instruments  when  found 

untrue  to  be  stamped  ‘ ‘con- 
demned”; penalty  for  use  of 
such  condemned  instruments. 

15.  Penalty  for  use  of  injured  or 

condemned  weights  or  meas- 
ures. 

16.  Fees  for  testing  and  stamping 

weights  and  measures;  patent 
weighing  apparatus  to  be 
tested  to  ultimate  capacity. 


ART.  17.] 


HAY  AND  STRAW — ORDINANCES. 


875 


17.  Weights  and  measures  to  be 

inspected  annually. 

18.  Penalty  for  failure  of  keeper 

to  inspect. 

19.  Keepers  to  wear  badge  of  office. 

20.  Duties  of  keepers ; to  attend  at 

markets,  etc.,  once  a year  to 
inspect  scales,  etc. ; to  keep  a 
record  of  same ; to  exhibit 
said  record  to  Mayor. 

21.  Penalty  for  refusing  to  have 

beams,  scales  and  measures 
inspected ; keepers  to  exam- 
ine, adjust  and  sell  false 
weights  and  measures. 

22.  Keepers  to  make  monthly  re- 

turns to  Comptroller  ; com- 
pensation of  keepers  by  City 
Register ; Register  to  report 
same  to  Council. 

23.  Additional  compensation  to 

keepers. 

Charcoal. 

24.  Appointment  of  measurer ; 

deputies ; oath  of  measurer 
and  deputies. 

25.  Mayor  to  designate  stands  for 

measurement. 

26.  Charcoal  to  be  measured  and 

certificate  furnished  seller  by 
measurer  ; measurement  fees; 
penalty  for  sale  without  meas- 
urement. 

27.  Retailers  exempt  from  require- 

ments for  measurement. 

28.  Estimated  cubic  contents  of 

bushel. 


29.  Measurer  not  to  be  concerned 

in  buying  or  selling. 

30.  Penalty  for  fraud  of  vendor. 

Coal. 

31.  To  be  sold  by  ton  of  2,240 

pounds ; exception  as  to  bi- 
tuminous coal ; penalty  for 
sale  by  other  measure  ; addi- 
tional penalty  for  short 
weight ; proviso  as  to  sales  of 
single  bushel,  peck,  etc. 

Firewood. 

32.  How  to  be  sold  ; proviso  as  to 

small  quantities. 

Ice. 

33.  To  be  sold  by  weight ; seller  to 

be  provided  with  scales  at 
time  of  delivery ; buyer  may 
require  ice  to  be  weighed. 

34.  Weight  of  bushel  of  ice  ; pen- 

alty for  short  weights. 

Bakeries  and  Confectioneries. 

35.  Appointment  of  Inspector  of 

Bakeries  ; his  duties ; penalty 
against  unsanitary  bakeries 
and  use  of  unwholesome  in- 
gredients. 

36.  Qualifications  of  inspector. 

37.  To  furnish  bond. 

38.  Notice  to  offenders ; penalty 

for  disregard  of  notice. 

39.  Recovery  and  accounting  of 

fines,  penalties  and  forfeitures 
imposed  hereunder. 


HAY  AND  STRAW. 

City  Code,  (1879)  Art.  28,  Sec.  18.  City  Code,  (1893)  Art.  28,  Sec,  30. 

1.  Any  person  bringing  loose  hay  or  straw  to  the  city  sales  reguiat- 
for  sale,  in  wagon,  cart  or  other  carriage,  and  having  sold 


876  INSPECTIONS,  WEIGHTS  AND  MEASURES— ORDINANCES.  [arT.  17. 


Quarterly  re- 
ports. 


Inspection  of 
goods  on 
streets. 


the  same,  shall,  on  delivery  thereof,  return  to  the  State 
scale,  and  have  the  empty  vehicle  weighed,  and  obtain 
from  the  weigh-master  a receipt  of  the  net  weight  thereof, 
and  give  the  same  to  the  purchaser  of  his  hay  or  straw  ; 
and  any  person  delivering  any  parcel  of  hay  or  straw  to  a 
purchaser,  of  less  weight  than  charged  for,  shall  be  fined 
twenty  dollars  for  each  and  every  offence. 

REPORTS  OF  INSPECTORS. 

City  Code,  (1879)  Art.  28,  Sec.  19.  City  Code,  (1893)  Art.  28,  Sec.  31.  . 

2.  Every  inspector  holding  his  appointment  under  this 
corporation,  (unless  otherwise  directed  by  the  ordinance 
providing  for  his  appointment  and  prescribing  his  duties, ) 
shall  on  the  last  day  of  March,  June,  September  and 
December,  in  each  and  every  year,  make  on  oath  or  affirma- 
tion, as  the  case  may  be,  a true  statement  to  the  Mayor  of 
all  the  articles  inspected  by  him  in  pursuance  of  the  duties 
of  his  office. 


OBSTRUCTION  OF  STREETS. 


City  Code,  (1879)  Art.  28,  Sec.  20.  City  Code,  (1893)  Art.  28,  Sec.  32. 

* 3.  Such  articles  as  are  to  be  inspected  or  gauged  under 
ordinances  or  statutes,  may  be  placed  on  the  footways  of 
any  of  the  streets,  lanes  or  alleys  of  the  city,  such  articles, 
however,  to  be  arranged  so  as  not  to  obstruct  the  passage 
through  the  streets  or  over  the  footways  from  the  stone  or 
other  pavement  to  any  house,  store,  cellar,  or  back  yard, 
or  from  any  house,  store,  cellar  or  back  yard  to  the  pave- 
ment, without  the  consent  of  the  owner  or  occupier  ; every 
person  so  offending  shall  forfeit  and  pay  the  sum  of  five 
dollars. 

KEEPERS  OF  THE  STANDARDS  OF  WEIGHTS  AND 
MEASURES. 

Ord.  9,  February  12,  1881.  Ord.  18.  February  27,  1892.  City  Code, 
(1893)  Art.  28,  Sec.  33.  Ord.  39,  March  9,  1896. 

4.  There  shall  be  appointed  pursuant  to  authority  con- 
ferred by  the  City  Charter,  six  persons  to  be  keepers  of 


ART.  17.]  KEEPERS  OF  STANDARDS  OF— ORDINANCES. 


877 


the  standards  of  weights  and  measures  whose  duty  it  shall 
be  safely  to  keep  and  preserve  the  same,  and  when 
required,  to  deliver  them  to  the  Mayor  or  such  other  person 
as  he  may  appoint  to  receive  the  same,  and  to  perform  the 
several  duties  prescribed  by  ordinance  respecting  weights 
and  measures  ; and  before  they  shall  enter  upon  the  duties 
of  their  respective  appointment,  they  shall  each  give  bond 
to  the  Mayor  and  City  Council  of  Baltimore,  in  the  penal  sum  Bond, 
of  one  thousand  dollars,  conditioned  for  the  faithful  dis- 
charge of  all  the  duties  appertaining  to  their  office.  Five 
of  the  said  keepers  shall  be  keepers  of  the  standards  of 
weights  and  of  liquid  measures,  and  the  other,  of  dry  and 
long  measures.  The  city  shall  be  divided  into  five  districts, 
to  be  known  as  the  northwestern,  northeastern,  southwest-  Districts, 
ern,  southern  and  southeastern.  The  northwestern  district 
shall  be  north  of  Fayette  street  and  west  of  Calvert  street; 
the  northeastern  district  shall  be  north  of  Fayette  street 
and  east  of  Calvert  street ; the  southwestern  district  shall 
be  south  of  Fayette  street  and  west  of  Howard  street ; the 
southern  district  shall  be  south  of  Fayette  street,  east  of 
Howard  street  and  west  of  Jones’  Falls  ; the  southeastern 
district  shall  be  south  of  Fayette  street  and  east  of  Jones’ 

Falls.  Said  keepers  of  the  standards  of  weights  and  liquid 
measures  shall  be  residents  respectively  of  the  district  for 
which  they  may  be  appointed.** 


City  Code,  (1879)  Art.  28,  Sec.  22.  City  Code,  (1893)  Art.  28,  Sec.  34. 

5.  The  keepers  of  the  standards  of  weights  and  meas-  Their  offices, 
ures  shall  each  keep  an  office  in  a central  location,  in  their 
respective  districts,  where  they  shall  attend  daily  between 
the  hours  of  eight  and  ten  A.  M. 


City  Code,  (1879)  Art.  28,  Sec.  23.  City  Code,  (1893)  Art.  28,  Sec.  35. 

6.  It  shall  be  the  duty  of  the  Comptroller  to  procure  comptroller  to 
one  set  of  weights  and  measures  for  the  use  of  the  appro-  ?f 
priate  keepers,  and  one  standard  set  of  the  same,  to  be  mea.sures. 


**Note. — Ord.  No.  39,  March  9,  1896,  repealing  and  re-ordaining  this 
section  is  invalid  under  decision  in  Hooper  v.  Creager,  84  Md.  256  ; 
see  ante  page  224,  note. 


878  INSPKCTIONS,  WEIGHTS  AND  MEASURES— ORDINANCES.  [arT.  17. 


Standard  of 
weights  and 
measures. 


Keeper  to 
compare  with 
standard. 


Dimensions  of 
bushels,  half- 
bushels, 
peck,  half- 
and  quarter- 
pecks. 


kept  in  his  office  as  a guide  to  the  keepers,  and  by  which 
the  weights  and  measures  of  the  keepers  shall  be  regulated. 


City  Code,  (1879)  Art.  28,  Sec.  24.  City  Code,  (1893)  Art.  28,  Sec.  36. 

7.  The  standard  of  weights  and  measures  to  be  deposited 
in  the  Comptroller’s  office  shall  be  the  same  as  the  stand- 
ard of  weights  and  measures  of  the  United  States,  and  the 
same  shall  be  the  standard  for  the  city  of  Baltimore. 


City  Code,  (1879)  Art.  28,  Sec.  25.  City  Code,  (1893)  Art.  28,  Sec.  37. 

8.  It  shall  be  the  duty  of  each  keeper  to  compare  and 
adjust  his  weights  and  measures,  at  least  once  a quarter 
with  the  standard  set  in  the  Comptroller’s  office,  and  any 
keeper  failing  so  to  do  shall  forfeit  and  pay  a sum  of 
twenty  dollars. 


City  Code,  (1879)  Art.  28,  Sec.  26.  City  Code,  (1893)  Art.  28,  Sec.  38. 

9.  It  shall  not  be  lawful  for  any  person,  under  a penalty 
of  two  dollars  for  each  offence,  to  use  any  bushel,  half 
bushel,  peck  or  half-peck,  or  quarter-peck  measure,  unless 
the  same  be  of  the  dimensions  following,  to  be  measured 
from  inside  to  inside,  to  wit : every  bushel  measure  shall 
not  be  less  than  fifteen  and  a quarter  inches  in  diameter  at 
the  top,  fourteen  and  a half  inches  in  diameter  at  the 
bottom,  twelve  inches  and  three-eighths  of  an  inch  deep, 
and  the  staves  three-fourths  of  an  inch  in  thickness  ; every 
half-bushel  measure  shall  not  be  less  than  twelve  and  one- 
half  inches  in  diameter  at  the  top,  eleven  and  one-half 
inches  in  diameter  at  the  bottom,  nine  and  one-half  inches 
deep,  and  the  staves  at  least  one  inch  thick  ; every  peck 
measure  shall  not  be  less  than  ten  inches  in  diameter  at 
the  top,  nine  and  one-quarter  inches  in  diameter  at  the 
bottom,  seven  inches  and  five-eighths  of  an  inch  deep,  and 
the  staves  three-quarters  of  an  inch  thick  ; every  half-peck 
measure,  when  joined  to  the  peck,  shall  not  be  less  than 
eight  inches  and  five-eighths  in  diameter  at  the  top,  and 
nine  inches  and  an  eighth  of  an  inch  in  diameter  at  the 


ART.  17.]  BRANDING  AND  STAMPING — ORDINANCES. 


879 


bottom,  four  and  one-half  inches  deep,  and  the  staves  five- 
eighths  of  an  inch  thick  ; and  every  half-peck  measure, 
when  made  separate  from  the  peck,  shall  not  be  less  than 
nine  inches  and  one-eighth  of  an  inch  in  diameter  at  the 
top,  eight  inches  and  five-eighths  of  an  inch  in  diameter 
at  the  bottom,  four  and  one-half  inches  deep,  and  the 
staves  five-eighths  of  an  inch  thick  ; every  quarter-peck 
measure  shall  not  be  less  than  six  inches  and  an  eighth  of 
an  inch  in  diameter  at  the  top,  and  five  inches  and  seven- 
eighths  of  an  inch  in  diameter  at  the  bottom,  four  and 
three-quarters  inches  deep,  and  staves  one-half  of  an  inch 
thick. 


City  Code,  (1879)  Art.  28,  Sec.  27.  City  Code,  (1893)  Art.  28,  Sec.  39. 

10.  All  weights  and  measures  used  within  the  city  of  weights  and 
Baltimore  in  the  vending  of  articles,  shall  be  inspected  and  be  inspected 
stamped,  or  branded  by  said  standard  keepers,  under  a 
penalty  of  not  exceeding  twenty  dollars,  to  be  paid  by  the 
person  or  persons  owning  or  using  the  same,  and  when 
adjusted,  shall  be  by  the  said  standard  keepers,  branded 
or  stamped  with  the  letters  “B.  S. , ^ ^ meaning  thereby 
Baltimore  Standard,  in  such  manner  and  on  such  parts  of 
the  said  weights  and  measures  as  in  their  judgment  shall 
be  most  lasting  and  effectual  in  preventing  and  detecting 
fraudulent  practices  or  impositions  in  the  use  of  such 
weights  or  measures,  and  the  like  inspection  shall  be  re- 
peated once  in  every  year,  and  the  branding  or  stamping 
renewed  when  necessary,  and  such  weights  and  measures, 
so  examined  and  stamped,  or  branded  as  aforesaid,  and  no 
other,  shall  be  used  in  the  city  of  Baltimore  in  the  vending 
of  such  articles  as  are  directed  by  law  to  be  or  are  usually 
sold  by  weight  or  measure,  under  a penalty  not  exceeding 
twenty  dollars. 


City  Code,  (1879)  Art.  28,  Sec.  28.  City  Code,  (1893)  Art.  28,  Sec.  40. 

11.  All  dry  measures  shall  be  inspected  and  branded  Dry  measures, 
agreeably  to  the  provisions  of  the  next  preceding  section, 
except  that  in  lieu  of  the  letters  “B.  S.’',  they  shall  be 


880  INSPECTIONS,  WEIGHTS  AND  MEASURES — ORDINANCES.  [arT.  17. 


branded  with  words,  “Baltimore  Standard'';  and  any 
person  or  persons  convicted  of  counterfeiting  said  brand, 
or  of  branding  on  any  measure  any  other  letters  for  the 
purpose  of  deception,  shall  forfeit  and  pay  for  every  such 
Penalty.  offeucc  tcu  dollars. 

City  Code,  (1879)  Art.  28,  Sec.  29.  City  Code,  (1893)  Art.  28,  Sec.  41. 

12.  All  scale  beams  used  in  the  vending  of  articles  in 
the  city  of  Baltimore,  shall  be  inspected  and  stamped  by 
the  keeper  of  the  standards  of  weights  as  weights  are  di- 
rected to  be  stamped  ; and  any  person  offending  herein 
shall  forfeit  and  pay  a sum  not  exceeding  twenty  dollars 
for  each  and  every  offence. 


City  Code,  (1879)  Art.  28,  Sec.  30.  City  Code,  (1893)  Art.  28,  Sec.  42. 

Patent  13.  All  patent  balances,  platforms  or  scales  used  in  the 

scaies^to  ir  weighing  by  venders  of  articles,  shall  be  in- 

inTItlmped  ^pocted  and  stamped  or  branded  by  the  keeper  of  the 
standards  of  weights  and  measures,  as  is  provided  for 
with  regard  to  weights  and  other  scales  or  balances,  and 
upon  the  weights  used  in  weighing  therewith  by  having 
stamped  upon  them  the  letters  “B.  S.",  in  such  manner 
and  on  such  part  thereof  as  in  the  judgment  of  the  stand- 
ard keeper  of  weights  and  measures  will  be  most  lasting 
and  effectual  in  preventing  and  detecting  fraudulent 
practices  or  impositions  in  the  use  thereof,  and  the  like 
inspection  shall  be  repeated  once  in  every  year,  and  the 
branding  renewed  when  necessary ; and  every  person 
using  a patent  balance,  platform,  or  scales  in  the  city,  not 
stamped  as  herein  directed,  shall  forfeit  and  pay  a sum  not 
exceeding  twenty  dollars  for  each  and  every  such  offence. 


City  Code,  (1879)  Art.  28,  Sec.  31.  City  Code,  (1893)  Art.  28,  Sec.  43. 

when  to  be  14.  If  upon  examination,  the  standard  keeper  of 
condemned,  moasuros  shall  find  any  patent  balance,  plat- 

form or  scales  untrue,  it  shall  be  condemned  by  him, 
whereupon  he  shall  stamp  or  brand  upon  it  the  word 
“CONDEMNED";  and  any  person  or  persons  who  shall 


ART.  17.] 


INSPECTION  FEES— ORDINANCES. 


881 


afterwards  use  such  condemned  patent  balance,  platform 
or  scales,  until  the  same  have  been  re-adjusted,  stamped 
and  branded  by  the  keeper  of  the  standards  of  weights 
and  measures,  shall  each  forfeit  and  pay  for  each  offence.  Penalty, 
a sum  not  exceeding  twenty  dollars. 


City  Code,  (1879)  Art.  28,  Sec.  32.  City  Code,  (1893)  Art.  28,  Sec.  44. 

15.  If  any  weight  or  measure  which  shall  have  been  use  of  injured 

. . . or  con- 

branded  or  stamped,  agreeably  to  the  provisions  of  sections  demned 
10  to  14,  inclusive,  of  this  Article  shall  be  broken,  injured,  measures, 
altered  or  changed,  or  condemned  by  the  standard  keepers 
and  found  thereafter  in  the  use  of  any  person  within  the 
city  of  Baltimore,  every  such  person  shall  forfeit  and  pay 
twenty  dollars  for  every  such  offence. 


City  Code,  (1879)  Art.  28,  Sec.  33.  City  Code,  (1893)  Art.  28,  Sec.  45. 

16.  The  standard  keepers  shall  respectively  have  and^°7SilrT 
receive  as  a compensation  for  the  discharge  of  the  duties 
required  of  them,  the  following  sums,  to  wit; — For  every 
bushel  measure,  eighteen  cents;  for  every  half  bushel,  peck 
and  half-peck  measure,  twelve  cents;  for  every  five  gallon 
measure,  twelve  cents;  for  every  half-gallon,  quart,  pint, 
half-pint,  gill  or  half-gill  measure,  six  cents ; for  every 
fifty-six  pounds  or  fifty  pounds  weight,  six  cents;  for 
every  twenty-eight,  twenty-five,  fourteen  or  seven  pounds 
weight,  five  cents,  for  every  set  of  weights,  from  four 
pounds  to  half  an  ounce,  twenty-five  cents;  for  every  single 
weight  under  seven  pounds,  four  cents;  for  every  yard 
measure,  six  cents;  for  stamping  every  scale  beam  not 
exceeding  eighteen  inches,  twelve  cents;  if  above  eighteen 
inches,  twenty-five  cents;  for  inspecting  patent  balances, 
platforms  or  scales,  with  their  weights,  which  weigh  less 
than  one  hundred  pounds,  fifty  cents;  if  over  one  hundred 
pounds  and  less  than  one  thousand  pounds,  seventy-five 
cents;  if  above  one  thousand  pounds,  one  dollar;  and  all 
patent  balance  platforms,  or  other  patent  weighing  appara- 
tus, shall  be  tested  to  the  amount  of  the  capacity  which 
they  are  calculated  to  weigh. 


882  INSPECTIONS,  WEIGHTS  AND  MEASURES — ORDINANCES.  [aRT.  17. 


City  Code,  (1879)  Art.  28,  Sec.  34.  City  Code,  (1893)  Art.  28,  Sec.  46. 

shall  be  the  duty  of  the  keeper  of  dry  and  long 
iifspe?ted^^  nieasures  and  the  keepers  of  the  standards  of  weights  and 
liquid  measures,  to  inspect  all  articles  which  are  provided 
for  to  be  inspected  by  them,  once  a year,  and  no  oftener. 

City  Code,  (1879)  Art.  28,  Sec.  35.  City  Code,  (1893)  Art.  28,  Sec.  47. 

Penalty.  ^ yiolation  of  the  provisions  of  the  next  preced- 

ing section,  the  keeper  so  violating  shall,  on  conviction 
thereof  before  any  Justice  of  the  Peace,  forfeit  and  pay 
the  sum  of  twenty  dollars  for  each  and  every  violation, 
half  of  the  fine  to  go  to  the  informer. 

Res.  11,  March  11,  1895. 

^wlkTVadges  keeper  of  dry  and  long  measures  and  the  keep- 

ers of  the  standards  of  weights  and  liquid  measures  shall 
each  wear  an  appropriate  badge  to  designate  his  office  when 
making  his  inspections. 

City  Code,  (1879)  Art.  28,  Sec.  36.  City  Code,  (1893)  Art.  28,  Sec.  48. 

Duties  of  20.  The  keepers  of  the  standards  of  weights  and  meas- 

stendSdf.  ui*es  shall  attend  at  the  different  markets,  warehouses, 
stores  and  shops  within  the  city,  at  least  once  in  each  and 
every  year,  as  provided  in  sections  17  and  18  of  this  Arti- 
cle, and  shall  inspect  and  adjust  all  beams  and  scales, 
weights  and  measures  therein  used  or  intended  to  be  used; 
and  each  of  them  shall  keep  a book  in  which  he  shall 
register  the  names  of  the  persons  whose  beams  and  scales, 
weights  and  measures  he  has  so  adjusted,  together  with 
the  day  of  the  month  and  year,  and  the  number  and  descrip- 
tion of  the  same  so  adjusted,  which  book  he  shall  submit 
to  the  inspection  of  the  Mayor  once  in  every  year,  or 
oftener,  if  the  Mayor  shall  require  it. 

City  Code,  (1879)  Art.  28,  Sec.  37.  City  Code,  (1893)  Art.  28,  Sec.  49. 

^refus^n^to  21.  If  any  person  or  persons  shall  refuse  or  neglect  to 
Ses^Ind  have  his,  her  or  their  beams  and  scales,  weights  and  patent 
balances,  and  measures,  inspected  and  adjusted  as  provided. 


ART.  17.] 


CHARCOAL — ORDINANCES. 


883 


in  the  next  preceding  section,  when  required  so  to  do  by 
the  proper  officer,  he,  she  or  they  shall  forfeit  and  pay  five 
dollars  for  every  day  during  such  delinquency;  and  if  any 
of  the  said  keepers,  or  any  of  the  clerks  of  the  markets, 
are  informed  or  have  reason  to  suspect  that  any  person  or 
persons  are  using  or  have  in  their  possession,  with  a fraudu- 
lent intention,  any  false  beams,  scales,  weights,  patent 
balances  or  measures,  it  shall  be  their  duty,  and  they  are 
hereby  authorized  to  examine  the  same,  and  if  they  find 
them,  or  either  of  them,  false,  to  seize  the  same  as  a 
forfeiture,  and  after  having  the  same  adjusted,  to  sell 
them  at  public  auction. 


City  Code,  (1879)  Art.  28,  Sec.  38.  Ord.  9,  February  12,  1881.  City 
Code,  (1893)  Art.  28,  Sec.  50. 

22.  It  shall  be  the  duty  of  the  keepers  of  the  standards 
of  weights  and  liquid  measures  and  the  keeper  of  dry  and  monthly 
long  measures  to  make  monthly  returns  on  oath  and  to  comptroller, 
pay  all  money  collected  by  them  to  the  Comptroller.  The 
City  Register  shall  be  authorized  and  directed  to  pay  the  oTSers?^ 
several  keepers  of  the  standards  of  weights  and  liquid 
measures  and  of  dry  and  long  measures  monthly,  by  divid- 
ing the  same  equally  amongst  them  and  report  the  same 
annually  to  the  City  Council. 


City  Code,  (1879)  Art.  28,  Sec.  39.  City  Code,  (1893)  Art.  28,  Sec.  51. 

23.  Whenever  any  one  of  the  standard  keepers  afore- 
said, shall  be  applied  unto  to  adjust  scales,  weights  and  compensa- 
measures,  by  adding  to  or  diminishing  the  same,  or  to 
adjust  scale  beams  or  patent  balances,  he  shall  be  allowed 

a reasonable  compensation  therefor,  in  addition  to  the  fees 
of  office  he  is  hereby  authorized  to  receive. 

CHARCOAL. 

City  Code,  (1879)  Art.  28,  Sec.  40.  City  Code,  (1893)  Art.  28,  Sec.  52. 

24.  One  person  well  skilled  in  the  quality  and  measure 
of  charcoal  shall  be  appointed  by  the  Mayor  to  measure  all 
charcoal  brought  to  the  city  of  Baltimore  for  sale;  and 
the  said  measurer  shall  with  the  approbation  of  the  Mayor, 


884  INSPECTIONS,  WEIGHTS  AND  MEASURES — ORDINANCES.  [arT.  17. 


Measurer  of 
Charcoal. 


Deputies 


Stands  for 
measure- 
ment. 


Charcoal  to  be 
measured. 


Penalty, 


Retailers 

exempt. 


have  power  to  appoint  one  or  more  deputies ; the  said 
measurer  being  responsible  for  the  official  acts  of  said 
deputy  or  deputies ; and  the  said  measurer  and  each  of 
his  said  deputies  before  entering  upon  the  duties  of  his 
office  shall  make  oath  or  affirmation  before  some  officer 
authorized  by  law  to  administer  oaths  that  he  will  faith- 
fully  execute  the  duties  of  his  office  to  the  best  of  his 
knowledge  and  ability.** 


City  Code,  (1879)  Art.  28,  Sec.  41.  City  Code,  (1893)  Art.  28,  Sec.  53. 

25.  The  Mayor  shall  designate  stands  for  the  measure- 
ment of  charcoal,  and  establish  such  and  so  many  as  in  his 
judgment  the  public  convenience  may  require. 

City  Code,  (1879)  Art.  28,  Sec.  42.  City  Code,  (1893)  Art.  28,  Sec.  54. 

26.  All  charcoal  brought  to  the  city  of  Baltimore  for 
sale  shall  be  measured  by  the  person  or  persons  appointed 
to  measure  the  same,  who  shall  give  to  the  seller  a 
certificate  of  the  quantity  thereof  ; and  for  each  certificate 
shall  be  entitled  to  receive  twenty-five  cents,  if  the 
quantity  does  not  exceed  twenty-five  bushels;  thirty-seven 
and  a half  cents,  if  more  than  twenty-five  and  less  than 
fifty  bushels ; and  fifty  cents,  if  more  than  fifty  bushels. 
It  shall  not  be  lawful  for  any  person  or  persons,  except  as 
mentioned  in  the  succeeding  section,  to  sell  or  offer  for  sale 
any  charcoal  within  the  limits  of  the  city  of  Baltimore, 
without  first  having  the  same  inspected  in  accordance  with 
the  above  provisions,  under  a penalty  of  five  dollars  for 
each  and  every  offence,  to  be  collected  as  other  fines  and 
forfeitures  are  collected. 


City  Code,  (1879)  Art.  28,  Sec.  43.  City  Code,  (1893)  Art.  28,  Sec.  55. 

27.  The  retailers  of  charcoal  bringing  the  same  into 
the  city  of  Baltimore  for  the  purpose  of  retailing  it  by  the 

**NoTE. — Ordinance  28,  March  9,  1896  being  invalid  did  not  operate 
to  modify  this  section.  Note  decision,  in  re^  Hooper  z^.Creager,  84  Md.  256. 

The  provisions  in  Article  17  relating  to  the  appointment  of  a measurer 
of  charcoal  and  his  duties,  as  well  as  the  provisions  therein  regulating 
the  sale  of  charcoal,  are  practically  obsolete  owing  to  the  decline  of  the 
charcoal  industry.  There  is  no  specific  provision  for  the  appointment  of 
a measurer  of  charcoal  in  the  City  Charter. 


ART.  17.] 


COAT — ORDINANCES. 


885 


bushel  or  the  barrel,  shall  not  be  required  to  have  the 
same  measured  under  the  provisions  of  the  next  preceding 
section. 


P.  G.  Iv.,  (1904)  Art.  97,  Sec.  28.  City  Code,  (1879)  Art.  28.  Sec.  44. 

City  Code,  (1893)  Art.  28,  Sec.  56. 

28.  The  Measurer  of  charcoal  shall  estimate  and  allow  Estimate  for 
for  each  bushel  of  charcoal  measured  by  him,  twenty-seven 
hundred  and  forty-eight  cubic  inches,  making  full  allow- 
ance for  a cone  or  heaped  measure. 


City  Code,  (1879)  Art.  28,  Sec.  45.  City  Code,  (1893)  Art.  28,  Sec.  57. 

29.  No  measurer  of  charcoal  shall,  either  directly  or  Measurer  not 
indirectly,  be  concerned  in  the  purchase  or  sale  of  charcoal,  c?r^ed"^n' 
under  the  penalty  of  twenty  dollars  for  each  and  every 
offence. 


City  Code,  (1879)  Art.  28,  Sec.  46.  City  Code,  (1893)  Art.  28,  Sec.  58. 

30.  If  any  person  bringing  charcoal  to  the  city  for  sale,  Fraud  of 
in  any  wagon,  cart  or  other  carriage,  shall  practice  any 
device  or  fraud  to  deceive  in  quantity,  the  driver  of  such 
wagon,  cart  or  other  carriage,  shall  forfeit  and  pay  ten 
dollars  for  each  and  every  offence. 


COAL. 

City  Code,  (1879)  Art.  28,  Sec.  48.  City  Code,  (1893)  Art.  28.  Sec.  60. 

31.  It  shall  not  be  lawful  for  any  person  or  persons  to  how  to  be  sold, 
sell  anthracite  or  other  coal,  except  bituminous,  in  any 
other  way  than  by  the  ton,  half  ton,  quarter  ton,  or  fraction 
of  a ton,  as  established  by  law,  which  is  2,240  pounds, 
under  a penalty  of  ten  dollars  for  each  and  every  offence  ; 
and  should  it  be  deficient  in  weight  at  the  time  of  delivery, 
an  additional  penalty  of  ten  dollars  for  each  and  every 
offence  ; provided,  that  nothing  herein  contained  shall  pre- 
vent the  selling  of  a single  bushel,  half  bushel  or  peck  of 
coal. 


886  INSPECTIONS,  WEIGHTS  AND  MEASURES — ORDINANCES.  [arT.  17. 


FIREWOOD. 

City  Code,  (1879)  Art.  28,  Sec.  49.  City  Code,  (1893)  Art.  28,  Sec.  61. 

How  to  be  sold.  32.  It  shall  not  be  lawful  for  any  person  or  persons  to 
sell,  or  offer  for  sale,  in  any  of  the  streets,  lanes,  alleys, 
or  highways  of  the  city,  any  firewood,  otherwise  than  by 
the  cord,  half,  quarter  or  eighth  of  a cord ; and  every 
person  offending  herein,  or  delivering  any  quantity  or 
parcel  of  firewood  to  a person  of  less  measurement  than  he 
has  sold  or  offered  for  sale,  shall  for  each  and  every 
offence  pay  a fine  of  five  dollars  for  each  load  ; provided, 
nothing  herein  contained  shall  be  so  construed  as  to  pre- 
vent persons  from  selling  wood  by  the  armful,  or  loads  of 
chips  or  brush. 


ICE. 

City  Code,  (1879)  Art.  28,  Sec.  50.  City  Code,  (1893)  Art.  28,  Sec.  62. 

How  to  be  sold.  33.  All  ice  exposed  for  sale  in  the  city  shall  be  sold  by 
weight,  except  in  such  cases  where  it  may  be  otherwise 
agreed  upon  between  the  buyer  and  seller  ; and  it  shall  be 
the  duty  of  all  sellers  of  ice  to  be  furnished,  at  the  time  of 
delivery,  with  a suitable  steelyard,  balance,  or  other 
apparatus  for  weighing,  duly  adjusted  and  stamped,  as 
provided  by  ordinance,  with  which  to  weigh  the  quantity 
of  ice  sold,  if  required  by  the  buyer. 


City  Code,  (1879)  Art.  28,  Sec.  51.  City  Code,  (1893)  Art.  28,  Sec.  63. 

Standard  34.  The  standard  weight  of  the  bushel  of  ice  shall  be 

held  and  taken  at  sixty  pounds  avoirdupois,  and  of  smaller 
measures  in  proportion.  The  penalty  for  each  and  every 
violation  of  this  and  the  next  preceding  sections  shall  be 
five  dollars. 

BAKERIES  AND  CONFECTIONERIES. 

Ord.  104,  June  10,  1896. 

35.  There  shall  be  appointed  by  the  Commissioner  of 
Health,  pursuant  to  authority  conferred  by  section  73  of 


ART.  17.]  BAKERIES  AND  CONFECTIONERIES — ORDINANCES. 


887 


the  City  Charter,  an  Inspector  of  Bakeries  and  Confection- 
eries whose  duty  it  shall  be  to  visit  and  thoroughly  inspect 
at  frequent  intervals  all  bakeries  and  confectioneries  or 
bake  shops  or  other  places  for  the  manufacture  of  bread, 
cakes,  confectionery  and  similar  food  products  in  Baltimore 
city,  for  the  purpose  more  especially  of  ascertaining  their 
sanitary  condition  and  cleanliness,  and  for  the  purpose  of 
ascertaining  the  purity,  healthfulness  and  wholesomeness 
of  the  flour,  sugar,  butter,  lard  or  other  ingredients  used  Duties, 
in  making  such  bread,  cakes,  confectioneries  and  other 
articles  of  food  offered  for  sale  in  the  city  of  Baltimore,  or 
intended  for  consumption  therein,  and  report  to  the  Com- 
missioner of  Health  any  establishments  that  he  may  And 
not  to  be  in  good  sanitary  and  clean  condition,  or  where 
impure,  unhealthy  and  unwholesome  ingredients  are  used 
in  the  making  of  said  articles  of  food;  for  any  violation  of 
the  provisions  of  this  section,  the  person  or  persons  or 
corporation,  shall  on  conviction  thereof  before  any  Justice 
of  the  Peace,  or  in  the  Criminal  Court  of  Baltimore  City, 
pay  a fine  of  not  less  than  twenty  dollars  ($20)  nor  morep^^aity^ 
than  one  hundred  dollars  ($100)  for  each  and  every  violation. 


Ord.  104,  June  10,  1896. 

36.  Such  inspector  shall  be  required  to  be  a practical  ^^cticai 
baker  and  confectioner.  ^aker  and 

confectioner. 


Ord.  104,  June  10,  1896. 

37.  Before  entering  upon  the  discharge  of  his  duties  to  furnish 
said  inspector  shall  furnish  a bond  for  the  faithful  per- 
formance  of  his  duties  in  the  penalty  of  five  thousand 
dollars  ($5,000),  to  be  approved  by  the  Mayor. 


Ord.  104,  June  10,  1896. 

38.  Said  inspector  shall  first  notifly  any  offenders 
against  the  provisions  of  section  35  of  this  Article,  and  if 
the  law  be  not  complied  with  within  two  weeks  after  such  Siven  ° 
notice  of  violation,  then  the  penalties  as  provided  in  said 
section  shall  be  enforced. 


888 


JONES’  FAEES — ORDINANCES. 


[art.  18. 


Recovery  and 
accounting 
of  fines,  for- 
feituies  and 
penalties 
imposed 
herein. 


Measures  to 
prevent  dam- 
ming of  falls. 


39.  All  fines,  forfeitures  and  penalties  incurred  by  the 
violation  of  any  of  the  provisions  of  this  Article,  for  the 
recovery  of  which  no  provision  has  been  made  herein, 
shall  be  recovered  as  other  fines,  forfeitures  and  penalties 
imposed  by  ordinance  are  recoverable,  and  when  collected, 
shall  be  paid  to  the  Comptroller. 


ARTICLE  XVIII. 


JONES’  FALLS. 


ORDINANCES. 


1.  City  Engineer  to  prevent  ob- 

struction of  Falls. 

2.  To  notify  owners  to  wall  up  their 

property  binding  thereon  ; re- 
quirements for  such  work ; 
owners  to  repair  walls. 

3.  When  owners  fail  to  build  wall, 

City  Engineer  to  do  so  at  ex- 
pense of  owners  ; such  expense 
to  be  a lien  on  property  so 
walled. 

4.  Rules  for  vessels  entering, 

anchoring  or  mooring  in,  and 


passing  out  of  Falls  ; penalty  ; 
person  in  charge  of  vessel 
violating  rules  to  be  liable  for 
penalty  hereunder. 

5.  When  bridge-tender  to  notify 

vessels  to  stop ; penalty  for 
disregard  of  such  notice. 

6.  Bridge-tender  to  report  to  City 

Engineer  violations  of  afore- 
going rules. 

7.  Recovery  and  accounting  of  fines 

and  penalties  imposed  here- 
under. 


City  Code,  (1879)  Art.  30,  Sec.  10.  City  Code,  (1893)  Art.  30,  Sec.  3. 

1 . Whenever  there  is  a prospect  of  an  extraordinary  rise 
in  the  waters  of  Jones^  Falls,  so  as  to  threaten  an  overfiow 
upon  the  adjacent  property,  it  shall  be  the  duty  of  the 
City  Engineer,  upon  receiving  information  to  that  eifect 
from  any  of  the  residents  or  property  holders  in  that 
vicinity,  to  take  prompt  and  active  measures,  and  employ 
a sufficient  force  to  prevent  the  obstruction  or  damming  up 
of  the  said  waters,  and  to  draw  on  the  City  Register,  with 
the  approbation  of  the  Mayor,  for  the  amount  of  any 
expenses  that  may  be  incurred  in  any  such  service. 


ART.  18.] 


JONES’  FATES — ORDINANCES. 


889 


City  Code,  (1879)  Art.  30,  Sec.  13.  City  Code,  (1893)  Art.  30,  Sec.  4. 

2.  The  City  Engineer  is  hereby  authorized  and  directed,  to 

whenever  he  shall  deem  it  necessary,  to  notify  the  owner 
or  owners  of  property  binding  upon  Jones’  Falls,  within 
the  limits  of  the  city,  to  have  the  same  walled  upon  the 
line  of  said  Jones’  Falls,  with  a good  and  sufficient  stone 
wall,  to  such  height  as  the  City  Engineer  may  direct,  and 
to  have  the  same  backed  up  or  filled  with  earth,  so  as  to 
secure  such  property  from  inundation  by  water,  and  when 
the  same  shall  have  been  walled  up  wholly  or  in  part,  to 
rebuild  or  repair  in  a good  and  sufficient  manner  any  such 
stone  wall. 

Mayor  v.  Lefferman,  4 Gill  425. 


City  Code,  (1879)  Art.  30,  Sec.  14.  City  Code,  (1893)  Art.  30,  Sec.  5. 

3.  If  any  person  or  persons,  or  body  politic,  shall  refuse  Duty  of  city 
or  neglect  to  have  any  such  wall  built,  rebuilt  or  repaired, 
as  above  provided  for,  within  two  months  after  receiving 
notice  from  the  City  Engineer,  as  set  forth  in  the  next 
preceding  section,  it  shall  then  be  the  duty  of  the  City 
Engineer,  and  he  is  hereby  authorized  and  directed  to  cause 
such  wall  to  be  built,  rebuilt  or  repaired,  as  specified  in 
said  notice,  and  the  cost  thereof  shall  be  a lien  upon  the 
property  so  walled  up,  repaired  or  rebuilt,  as  aforesaid,  to 
be  recovered  in  due  course  of  law  from  the  owner  or  owners 
or  body  politic,  so  refusing  to  build,  rebuild  or  repair,  after 
notice  as  aforesaid. 


Ord.  129,  November  9,  1882.  City  Code,  (1893)  Art.  30,  Sec.  6. 

4.  All  vessels  entering  the  mouth  of  Jones’  Falls  shall 
be  required  to  enter  by  the  eastern  side  or  channel  thereof; 
and  all  vessels  passing  out  the  mouth  of  said  Falls  shall  pass 
out  by  the  western  side  or  channel  thereof;  and  all  vessels, 
excepting  steam  vessels,  passing  in  or  out  the  mouth  of 
said  Falls  shall  sound  a horn  to  signal  the  keeper  of  the 
drawbridge;  and  no  vessel  shall  be  suffered  to  be  anchored, 
moored  or  lie  in  said  stream,  within  one  hundred  and  fifty 
feet  from  the  city  dock  drawbridge;  any  tugboat  entering 


890 


JONES’  FAEES — ORDINANCES. 


[art.  18. 


Duties  of 
bridge- 
tender. 


Bridge-tender 
to  report 
violations 
to  City 
Engineer. 


Recovery  and 
accounting  c 
fines,  for- 
feitures and 
penalties 
imposed 
herein. 


the  mouth  of  said  Jones  ^ Falls,  shall  be  required  to  sound  two 
blasts  upon  her  steam  whistle  before  reaching  said  mouth; 
and  any  tugboat  passing  out  the  mouth  of  said  Falls  shall 
in  like  manner  give  three  blasts  of  her  whistle,  and  no 
craft  shall  attempt  to  pass  the  middle  of  the  centre  pier  of 
the  drawbridge  until  the  said  draw  shall  be  fully  open,  and 
over  the  centre  of  the  guard  pier.  In  case  of  any  violation 
of  any  of  the  requirements  of  this  section,  the  master  or 
person  in  charge  of  the  vessel,  tugboat  or  other  craft  so 
offending,  shall  be  liable  to  a penalty  of  five  dollars  for 
each  and  every  offence. 


Ord.  129,  November  9,  1882.  City  Code,  (1893)  Art.  30,  Sec.  7. 

5.  It  shall  be  the  duty  of  the  bridge  tender  in  charge  of 
the  city  dock  drawbridge  to  notify  any  barge,  flatboat, 
scow  or  other  mastless  vessel,  which,  in  the  judgment  of 
said  bridge-tender,  shall  be  so  loaded  that  said  barge  or 
other  vessel  cannot  pass  under  the  drawbridge  without 
risk  of  injury  to  said  bridge,  to  stop  until  the  draw  of  said 
bridge  can  be  opened  for  the  passage  of  said  vessel.  Any 
master  or  other  person  in  charge  of  any  such  barge  or  other 
vessel  who,  when  so  notified  by  the  bridge-tender,  shall 
refuse  or  fail  to  stop  as  aforesaid,  shall  be  liable  to  a fine 
of  five  dollars  for  each  and  every  offence. 


Ord.  129,  November  9,  1882.  City  Code,  (1893)  Art.  30,  Sec.  8. 

6.  It  shall  be  the  duty  of  the  bridge  tender  to  report 
all  violations  of  the  two  next  preceding  sections  of  this 
Article  to  the  City  Engineer. 


7.  All  fines  and  penalties  incurred  by  the  violation  of 
any  of  the  provisions  of  this  Article,  for  the  recovery  of 
which  no  provision  has  been  made  herein,  shall  be  recov- 
ered as  other  fines,  forfeitures  and  penalties  imposed  by 
ordinance  are  recoverable,  and  when  collected,  shall  be  paid 
to  the  Comptroller. 


ARTS.  19,  20.]  JURORS — RAMPS  AND  RIGHTING — ORDINANCES. 


891 


ARTICLE  XIX. 

JURORS. 


ORDINANCES. 


1.  Clerks  of  the  several  courts  to 
furnish  to  City  Register,  after 
discharge  of  jurors,  list  of 


names  of  such  as  have  served 
as  jurors  ; what  list  shall  show 
in  addition  to  names. 


City  Code,  (1879)  Art.  31,  Sec.  1.  City  Code,  (1893)  Art.  31,  Sec.  1. 

1.  The  clerks  of  the  several  courts  of  this  city  are  re-  Clerks  to  fur- 
quested  to  furnish  to  the  City  Register,  as  soon  as  they  can  S 
conveniently  do  so,  after  the  discharge  of  the  jurors,  who 
have  served  as  such  in  any  of  the  said  courts,  a ’list  of  the 
names  of  such  jurors,  showing  the  number  of  days  each 
juror  has  attended  as  a juror,  the  term  in  which  said  ser- 
vice was  rendered,  and  the  amount  due  each  juror. 


ARTICLE  XX. 

LAMPS  AND  LIGHTING. 


ORDINANCES. 


Superintendent  of  Lamps  and 
Lighting. 

1.  Bond  of  Superintendent. 

2.  His  subordinates  and  their  sala- 

ries. 

3.  His  powers  and  duties  ; to  regu- 

late lighting  and  cleaning  of 
lamps  ; to  repair  same  ; to  re- 
quire District  Superintendents 
of  Lamplighters  to  report  to 


him  ; to  erect  new  lamp  pillars 
upon  proper  application  to 
him. 

4.  To  order  gaslight  company  to 
lay  mains  ; to  keep  record  of 
mains  laid  and  report  to  City 
Council  ; to  take  statements  of 
meters  in  city  buildings  and  of 
street  lamps ; to  certify  gas 
bills ; general  supervision  of 
meters  and  apparatus. 


)2 


IvAMPS  and  lighting — ORDINANCES.  [arT.  20. 


5.  May  change  gasoline  to  gas 

lamps. 

Inspection  of  Meters. 

6.  Superintendent  to  test,  stamp 

and  mark  all  meters. 

7.  To  purchase  all  necessary  test- 

ing apparatus. 

8.  To  inspect  meters  on  request  of 

consumer  ; inspection  fee  ; lia- 
bility of  gas  company  for  said 
fee  if  meter  incorrect ; allow- 
ance for  variation  in  meter ; 
appeal  from  decision  of  super- 
intendent ; referee. 

9.  New  meters  to  be  inspected  be- 

fore installation ; inspection 
fee ; penalty  for  installing 
meter  without  inspection. 

10.  No  meter  not  stamped  to  be 

set. 

11.  Discontinued  meters  to  be  re- 

inspected ; re-inspection  fee ; 
penalty  for  use  without  re- 
inspection. 

12.  To  visit  premises  of,  and  in- 

struct consumer  in  regard  to 
meter ; fee. 

13.  To  record  all  tests  of  meters, 

etc.,  and  make  annual  report 
thereof  to  Mayor  and  City 
Council. 

14.  Penalty  for  counterfeiting  seal 

or  stamp  of  Superintendent. 

Lamps,  Posts  and  Pillars. 

15.  To  make  contracts  for  lamps, 

pillars  and  repairs ; to  adver- 
tise for  sealed  proposals ; 
burners  to  be  approved  by 
Superintendent. 

16.  Forfeit  clause  in  contracts  for 

lighting ; penalty  for  un- 
lighted lamps. 


.17.  To  place  names  of  streets  on 
lamps. 

18.  Names  to  be  placed  on  new 

lamps  when  erected. 

19.  Shades  over  street  lamps  close 

to  houses ; permit  therefor. 

20.  Such  shades  not  to  interfere 

with  lighting  of  streets. 

21.  Shades  to  be  placed  under  su- 

pervision of  Superintendent; 
to  be  removed  on  notice  from 
him  ; no  charge  for  permit. 

Location  of  Electric  Lamps. 

22.  Power  of  Superintendent  to 

change  location  of  same  when 
necessary. 

District  Superintendents  of 
Lamplighters. 

23.  Their  duties ; hours  for  light- 

ing lamps ; police  to  report 
failures  to  light  and  and  ex- 
tinguish lamps  ; penalty  for 
neglect  of  duty  by  said  Super- 
intendents ; reports  of  condi- 
tion of  lamps,  etc.,  by  Super- 
intendents ; further  duties. 

Assistant  Superintendent  of  Lamps 
and  Lighting. 

24.  His  appointment;  to  be  a practi- 

cal chemist ; not  to  be  inter- 
ested in  manufacture  of  gas, 
oil  or  other  illuminants ; to 
serve  as  inspector  of  gas  and 
oils  or  other  illuminants  ; his 
bond  ; oath. 

25.  To  make  inspections  and  te.sts 

of  gas  and  oils  ; to  take  sam- 
ples ; penalty  for  persons  ob- 
structing him  ; coal  oil  test ; 
to  report  weekly  to  Superin- 
tendent of  Lamps  and  Light- 
ing. 


ART.  20.]  SUPERINTENDENT  OF  LAMPS  & LIGHTING — ORDINANCES.  893 


26.  Where  gas  shall  be  tested  ; 
testing  apparatus  to  be  install- 
ed where  judgment  of  Super- 
intendent of  Lamps  and 
Lighting  shall  dictate. 


28.  Requirements  for  flash  test  and 
density  of  illuminating  oils ; 
penalty  for  sale  or  gift  of  in- 
ferior oils. 


27.  Penalty  for  persons  or  compa- 
nies furnishing  inferior  gas ; 
proviso  where  cause  unavoid- 
able. 


29.  Use  of  lighter  oils  for  other 
purposes  not  prohibited. 


30.  Recovery  of  fines  and  penalties 
imposed  hereunder. 


SUPERINTENDENT  OF  LAMPS  AND  LIGHTING. 

Ord.  100,  October  23,  1878.  City  Code,  (1879)  Art.  28,  Sec.  9.  City 
Code,  (1893)  Art.  28,  Sec.  1.  Ord.  28,  March  9,  1896. 

1.  The  Superintendent  of  Lamps  and  Lighting  before  Bond  of  super- 
entering  upon  the  discharge  of  his  duties,  shall  give  Lamps^aid^ 
bond  and  security,  to  the  satisfaction  of  the  Mayor,  in  the 
penal  sum  of  five  thousand  dollars  ($5,000)  conditioned 
for  the  faithful  discharge  of  the  duties  of  his  office. 


Ord.  46,  April  28  1884.  Ord.  46,  April  15,  1890.  City  Code,  (1893)  Art. 

28,  Sec.  9.  Ord.  13,  October  23,  1903.  Ord.  159,  November  29,  1904. 

2.  The  salaries  of  the  assistants,  clerks  and  employes  salaries  of 
under  the  Superintendent  of  Lamps  and  Lighting  when  undS^^'super- 
appointed  by  him  shall  be  as  follows:  Assistant  Super-  Lamp^Ji/ 
intendent  of  Lamps  and  Lighting,  fifteen  hundred  dollars 
($1500)  per  annum;  seven  District  Superintendents  of 
Lamplighters,  six  hundred  and  fifty  dollars  ($650)  each, 
per  annum;  Inspector  at  Large,  nine  hundred  and  thirty- 
six  dollars  ($936)  per  annum;  Inspector  of  Electric  Meters, 
six  hundred  and  fifty  dollars  ($650)  per  annum;  Inspector 
of  Gas  and  Illuminating  Oils,  ten  hundred  and  forty  dollars 
($1040)  per  annum;  Inspector  of  Gas  Meters,  nine  hundred 
and  thirty-six  dollars  ($936)  per  annum;  Collector  of 
Meters  and  Oils,  including  horse  and  wagon  nine  hundred 
and  thirty-six  dollars  ($936)  per  annum;  clerk,  stenograph- 
er and  typewriter,  nine  hundred  dollars  ($900)  per  annum. 


894 


LAMPS  AND  LIGHTING— ORDINANCES.  [aRT.  20. 


Ord.  104,  April  24,  1880.  City  Code,  (1893)  Art.  28,  Sec.  3. 


Dutiejs  of 
Superin  tend- 


Lighting. 


3.  The  Superintendent  of  Lamps  and  Lighting  shall 
en^of  Lamps  regulate  the  lighting  and  cleaning  of  the  city  lamps  and 
see  that  they  are  kept  in  proper  repair;  he  shall  have 
supervision  of  the  District  Superintendents  of  Lamplight- 
ers and  shall  require  them  to  report  to  him,  at  such  times 
as  he  may  designate,  the  condition  of  the  lamps  and  the 
transactions  of  the  lamplighters;  he  shall  erect  new  lamp 
To  eject  lamp  piUars  and  lamps  for  lighting  the  streets,  lanes  and  alleys 
of  the  city,  and  remove  any  lamp  pillar  and  lamp,  whenever 
and  wherever,  in  his  judgrhent,  the  convenience  and 
necessity  of  the  public  may  require  the  same,  upon  proper 
application  in  writing  being  made  to  him. 

American  Lighting  Co.  McCuen,  92  Md.  709. 


Duties  in 
relation  to 
gaslight 
companies 
and  inspec- 
tion of 
meters. 


Ord.  100,  October  23,  1878.  City  Code,  (1893)  Art.  28,  Sec.  4. 

4.  He  shall  order  the  gaslight  company  or  companies 
to  lay  mains  as  directed  by  the  Mayor  and  City  Council 
of  Baltimore,  and  keep  a correct  account  of  the  length  and 
size  of  the  same;  he  shall  require,  and  it  shall  be  the  duty 
of  the  said  gaslight  company  or  companies,  to  furnish  him, 
monthly,  a correct  account  of  the  number  of  feet  of  gas 
mains  laid  by  order  of  the  Mayor  and  City  Council  of 
Baltimore,  with  the  cost  price  of  the  same;  and  he  shall 
report  annually  to  the  City  Council  the  number  of  feet  of 
gas  mains  laid  by  said  company  or  companies,  by  order  of 
the  Mayor  and  City  Council  of  Baltimore;  or  if  said  com- 
pany or  companies  shall  have  neglected  or  refused  to  lay 
the  gas  mains  ordered  by  the  Mayor  and  City  Council  of 
Baltimore,  he  shall  report  such  neglect  or  omission  to  the 
City  Council;  he  shall  take  monthly  statements  of  the 
meters  in  all  public  buildings  occupied  by  the  city,  and  of 
the  market-house  meters,  and  shall  also  take  monthly 
statements  of  the  street  lamps,  and  ascertain  the  correct 
average;  and  no  bill  for  gas  furnished  to  the  city  shall  be 
paid  by  any  department  of  the  city  unless  the  same  shall 
have  been  certified  to  as  correct  by  him;  and  he  shall  have 
general  supervision  of  the  meters  and  gas  apparatus  in  the 
different  departments  of  the  city. 


ART.  20.]  INSPECTION  OF  METERS — ORDINANCES. 


895 


Ord.  100,  October  23,  1878.  City  Code,  (1893)  Art.  28.  Sec.  5. 

5.  He  shall  have  power  to  change  gasoline  lamps  to  gas  ^JasonS^to 
lamps  when  in  his  judgment  the  same  may  be  deemed  &as  lamps, 
necessary. 


Inspection  of  Meters. 

City  Code,  (1879)  Art.  28,  Sec.  3.  City  Code,  (1893)  Art.  28,  Sec.  6. 

6.  It  shall  be  his  duty,  whenever  required  in  writing,  shaii  test 
and  on  the  pre-payment  of  a fee  hereinafter  specified,  to  mark  meters, 
inspect,  examine,  test  prove  and  ascertain  the  accuracy  of 
the  registration  of  any  and  all  gas  meters,  used  or  intended 
to  be  used  for  measuring  or  determining  the  quantity  of 
carburetted  hydrogen  or  illuminating  gas,  consumed  by  any 
person  or  persons  in  this  city;  and  when  proved  to  be  or 
made  correct  within  the  meaning  of  this  ordinance,  to 
stamp,  seal  or  mark  all  such  meters,  and  each  one  of  them, 
with  some  appropriate,  distinct  and  intelligible  device,  to 
be  approved  by  the  Mayor. 


City  Code,  (1879)  Art.  28,  Sec.  4.  City  Code,  (1893)  Art.  28,  Sec.  7. 

7.  He  is  authorized  to  purchase  for  the  use  of  the  city  May  purchase 
such  apparatus  as  will  be  required  by  him  for  the  proving, 
testing  and  accurate  registration  of  gas  meters  in  use  in 
the  city  of  Baltimore. 


City  Code.  (1879)  Art.  28,  Sec.  5.  City  Code,  (1893)  Art.  28,  Sec.  8. 

8.  He  shall,  with  said  apparatus,  inspect  and  prove  there  inspect 
gas  meter  of  any  consumer,  at  his  written  request,  and  in 
his  presence  if  he  so  desire,  upon  the  payment  in  advance 
to  him  of  the  sum  of  one  dollar  for  each  and  every  meter 
removed  from  the  premises,  proved,  tested,  sealed  and 
replaced;  and  if  any  meter  on  being  so  tested  shall  be  found 
to  register  inaccurately  as  defined  by  this  section  to  the 
injury  of  the  consumer,  the  fee  paid  by  said  consumer  shall 
be  returned,  and  a like  amount  shall  be  paid  to  the  Super- 
intendent of  Lamps  and  Lighting  by  the  gas  company. 


896 


I.AMPS  AND  LIGHTING — ORDINANCES.  [aRT.  20. 


Inspection  of 
new  meters. 


Fee. 


Penalty. 


No  meter  not 
stamped  to 
be  set. 


person  or  persons  whose  manufacture  of  gas  has  been  con- 
sumed, as  a remuneration  for  the  removal,  testing,  correct- 
ing, sealing  and  replacing  of  such  meters;  and  every  such 
meter  shall  be  considered  correct,  and  sealed  accordingly, 
which  shall  register  quantities  varying  from  the  true  stand- 
ard measure  of  gas  if  not  more  than  two  per  centum  in 
favor  of  either  the  company  or  the  consumer;  the  apparatus 
used,  and  the  mode  of  testing  practised  to  be  approved  by 
the  Superintendent  of  Lamps  and  Lighting;  and  in  all  cases 
in  which  an  appeal  from  his  decision  as  to  the  accuracy  of 
any  meter  tested  shall  be  made,  such  case  shall  be  referred 
to  and  adjudged  by  a suitable  person  to  be  appointed  by 
the  Mayor,  and  whose  decision  shall  be  final. 


City  Code,  (1879)  Art.  28,  Sec.  6.  City  Code,  (1893)  Art.  28,  Sec.  10. 

Ord.  208,  February  21,  1905. 

9.  It  shall  not  be  lawful  for  any  new  meter  to  be 
furnished  or  put  in  use  in  the  city  of  Baltimore  by  any  gas 
company  unless  the  said  meter  has  been  inspected  by  the 
Superintendent  of  Lamps  and  Lighting,  and  if  proved  to 
be  correct,  sealed  and  stamped  by  said  Superintendent;  and 
for  said  inspecting  and  sealing  the  company  shall  pay  the 
said  Superintendent  of  Lamps  and  Lighting,  for  the  use  of 
the  city,  the  sum  of  ten  cents  for  each  and  every  new 
meter  so  inspected  and  stamped  by  him,  to  be  made  at  the 
office  of  the  Superintendent  of  Lamps  and  Lighting.  Any 
gas  company,  convicted  before  a Justice  of  the  Peace  for 
violation  of  the  provisions  of  this  section,  shall  forfeit  the 
sum  of  ten  dollars  for  each  and  every  day  that  any  one  of 
said  meters  is  allowed  to  be  continued  in  use  after  a notice 
ordering  its  discontinuance  has  been  served  upon  such 
company  by  the  Superintendent  of  Lamps  and  Lighting. 

Baltimore  City  v.  Consolidated  Gas  Co.,  99  Md.  940. 


City  Code,  (1879)  Art.  28,  Sec.  7.  City  Code,  (1893)  Art.  28,  Sec.  11. 

10.  No  meter  shall  be  set  unless  it  be  sealed  and  stamped 
in  the  manner  required  by  the  next  preceding  section. 


ART.  20.] 


INSPECTION  OF  meters — ORDINANCES. 


897 


City  Code,  (1879)  Art.  28,  Sec.  8.  City  Code,  (1893)  Art.  28,  Sec.  12. 

Ord.  86,  May  31,  1904.  Ord.  208,  February  21,  1905. 

1 1 .  Whenever  any  gas  meter  in  the  city  of  Baltimore  Discontinued 
shall  have  been  discontinued,  or  shall  have  been  removed  re-inspected, 
from  the  premises  upon  which  it  has  been  located,  for  the 
purposes  of  testing,  repairing,  resetting  or  otherwise,  it 
shall  be  unlawful  for  such  gas  meter  to  be  again  put  in 
use  in  the  city  of  Baltimore  by  any  gas  company,  either 
upon  the  same  premises  from  which  it  has  been  so 
removed,  or  elsewhere,  unless  the  said  meter  has  been 
re-inspected  by  the  Superintendent  of  Lamps  and  Lighting, 
and,  if  proved  to  be  correct,  re-stamped,  by  said  Super- 
intendent; and  for  said  re-inspecting  and  re-stamping  the 
company  shall  pay  said  Superintendent  of  Lamps  and  Fee. 
Lighting  for  the  use  of  the  city,  the  sum  of  ten  cents  for 
each  and  every  meter  so  re-inspected  and  re-stamped  as 
aforesaid,  said  inspections  to  be  made  at  the  office  of  the 
Superintendent  of  Lamps  and  Lighting.  Any  gas  company 
convicted  before  a Justice  of  the  Peace  of  the  violation  of  Penalty, 
the  provisions  of  this  section  shall  forfeit  the  sum  of  ten 
dollars,  and  the  further  sum  of  five  dollars  for  each  and 
every  day  that  any  one  of  said  meters  is  allowed  to  be 
continued  in  use,  after  a notice  ordering  its  discontinuance 
has  been  served  upon  such  company  by  the  Superintendent 
of  Lamps  and  Lighting. 

Baltimore  City  v.  Consolidated  Gas  Co.,  99  Md.  540. 


City  Code,  (1879)  Art.  28,  Sec.  9.  City  Code,  (1893)  Art.  28,  Sec.  13. 

12.  It  shall  be  his  duty,  whenever  he  receives  a written 
request  to  do  so,  to  visit  the  meter  on  the  premises  of  any  superintend- 
consumer  of  gas,  and  impart  to  such  consumer  such  premiJ^loi 
instructions  relating  to  the  proper  manner  of  regulating 
the  meter,  or  filling  it  with  water  or  spirits,  as  desired,  for 
which  services  the  consumer  shall  pay  to  him  the  sum  of 
twenty-five  cents. 


City  Code,  (1879)  Art.  28,  Sec.  10.  City  Code,  (1893)  Art.  28,  Sec.  14. 

13.  He  shall  enter  in  a book  prepared  for  him  for  that^lTdmlk? 
purpose,  the  date  of  testing,  number,  size,  name  of  manu-  reSon. 


898 


lamps  and  lighting — ORDINANCES.  [arT.  20. 


facturer,  and  registration  of  any  meter  proved  and  sealed, 
or  condemned  as  aforesaid,  and  the  number  of  premises 
visited  for  giving  instruction,  and  shall  make  a full  report 
thereof  annually  to  the  Mayor  and  City  Council  of  Balti- 
more. 


City  Code,  (1879)  Art.  28,  Sec.  11.  City  Code,  (1893)  Art.  28,  Sec.  15. 

14.  If  any  person  or  persons  shall  counterfeit,  or 
wilfully  deface  the  seal  placed  upon  any  gas  meter  by  the 
Superintendent  of  Lamps  and  Lighting  or  any  of  his  sub- 
ordinates, or  who  shall  place  a seal  on  a new  or  repaired 
meter  which  has  been  removed  from  a discontinued  meter, 
the  person  or  persons  so  offending,  on  conviction  before  a 
Justice  of  the  Peace,  shall  forfeit  and  pay  the  sum  of  ten 
dollars. 


Lamps,  Posts  and  Pillars, 

City  Code,  (1879)  Art.  47,  Sec.  84.  Ord.  104,  April  24,  1880.  Ord.  81, 
May  28,  1889.  City  Code,  (1893)  Art.  28,  Secs.  3,  16.  City  Code, 
(1893)  Art.  48,  Sec.  95. 

Contracts  for  15.  The  Superintendent  of  Lamps  and  Lighting  shall 
and  repairs,  make  all  contracts  for  the  furnishing,  construction,  erec- 
tion, repair  or  removal  of  all  street  lamps  and  lamp  pillars, 
and  all  such  contracts  shall  be  made  according  to  the 
provisions  of  sections  14  and  15  of  the  City  Charter  ; at 
least  sixty  days  prior  to  the  expiration  of  any  contract,  it 
shall  be  the  duty  of  the  Superintendent  of  Lamps  and 
Lighting  to  advertise  in  accordance  with  section  14  of  the 
City  Charter  for  sealed  proposals  for  keeping  in  repair  and 
furnishing  all  the  material  required  for  the  street  lamps  of 
the  city  ; the  burners  for  such  lamps  shall  not  be  confined 
to  any  particular  patent,  and  shall  be  approved  by  the 
Superintendent  of  Lamps  and  Lighting. 

Ord.  81,  May  28,  1889.  City  Code,  (1893)  Art.  28,  Sec.  18. 

Forfeit  clause  16.  There  shall  be  inserted  in  the  specifications  of  all 
contracts  hereafter  made  for  keeping  in  repair  and  fur- 
nishing all  the  material  required  for  gas  and  gasoline 


ART.  20.]  SCREENS  OVER  EAMPS — ORDINANCES. 


899 


street  lamps  of  the  city  a clause  containing  a stipulation 
imposing  a fine  at  the  rate  of  double  the  amount  of  the 
contract  price  per  lamp  per  night,  for  each  and  every 
night  any  lamp  may  not  be  in  proper  condition  for  lighting 
purposes. 


City  Code,  (1879)  Art.  47,  Sec.  86.  City  Code,  (1893)  Art.  48,  Sec.  97. 

17.  The  Superintendent  of  Lamps  and  Lighting  is  Names  of 
hereby  authorized  and  directed  to  have  the  names  of  the  iaSps^.°“ 
streets  painted  on  frosted  glass  set  in  a tin  frame,  and 
placed  inside  of  all  the  lamps  at  the  corners  of  streets 
throughout  the  city. 


City  Code,  (1879)  Art.  47,  Sec.  87.  City  Code,  (1893)  Art.  48,  Sec.  98. 

18.  When  a new  lamp  shall  be  erected  on  the  corner  of  ^ew  lamps, 
any  streets,  the  said  Superintendent  shall  have  the  names 
of  the  streets  placed  on  the  lamp,  in  accordance  with  the 
next  preceding  section. 


Ord.  68,  June  26,  1900,  Sec.  1. 

19.  The  Superintendent  of  Lamps  and  Lighting  is 
authorized  and  directed  to  issue  on  application,  permits  for 
the  placing  of  screens  or  shades  over  portions  of  street  permission  to 
lamps  when  the  same  are  situated  so  close  to  dwelling  over  street 
houses  as  in  his  judgment  to  be  a special  annoyance  to  the 
occupants  of  such  houses. 


Ord.  68,  June  26,  1900,  Sec.  2. 

20.  In  no  case  shall  it  be  lawful  for  persons  obtaining 
such  permits  to  place  any  screens  or  shades  on  or  about  ^s^tl?ietf must 
any  street  lamp  in  such  manner  as  to  interfere  with  the  fe°ld  wftif.'’' 
full  and  proper  lighting  of  the  streets,  alleys,  lanes  or 
sidewalks. 


Ord.  68,  June  26,  1900,  Sec.  3. 

21.  The  placing  of  all  such  screens  or  shades  over  shades  may  be 
street  lamps  shall  be  done  under  the  supervision  and  direc-  S^S^tend- 
tion  of  the  Superintendent  of  Lamps  and  Lighting,  and 


900 


I.AMPS  AND  lighting — ORDINANCES.  [aRT.  20. 


shall  be  removed  upon  notice  from  the  Superintendent  of 
Lamps  and  Lighting ; no  charge  or  fee  shall  be  made  for 
the  issuing  of  such  permits. 


Location  of  Electric  Lamps. 

Ord.  161,  May  17,  1882.  City  Code,  (1893)  Art.  48,  Sec.  184. 

uperintend-  Superintendent  of  Lamps  and  Lighting  is  em- 

powered  to  change  the  location  of  any  of  the  electric 
may  change,  lamps,  whercvcr  in  his  judgment  it  is  necessary  for  a more 
full  and  efficient  lighting  of  any  of  the  streets,  lanes  and 
alleys  of  the  city. 


DISTRICT  SUPERINTENDENTS  OF  LAMPLIGHTERS. 

Res.  8,  February  28,  1887,  Ord.  83,  June  19,  1888.  Res.  118,  April  28, 
1891.  City  Code,  (1893)  Art.  48,  Sec.  102.  Ord.  32,  March  9,  1896. 

^intendelltrif  District  Superintendents  of  Lamplighters  shall 

ujhte’rs.  assigned  by  the  Superintendent  of  Lamps  and  Lighting 
to  their  respective  districts  to  be  laid  out  by  him,  and  they 
shall  superintend  the  lighting  and  cleaning  of  the  city 
lamps,  and  keeping  the  same  in  repair  under  the  supervision 
and  direction  of  the  Superintendent  of  Lamps  and  Light- 
ing; and  it  shall  be  the  duty  of  the  Superintendent  of 
Duties.  Lamps  and  Lighting  to  prepare  and  have  printed  on  cards 
by  the  twentieth  of  each  month,  the  hours  when  the  city 
^ ^ lamps  shall  be  lighted  and  extinguished  for  the  ensuing 

HghtiSg  month,  one  of  which  cards  shall  be  furnished  to  each  cap- 

tain,  lieutenant  and  sergeant  of  police  and  to  the  district 
superintendents  of  lamplighters ; and  when  lamplighters 
are  employed  by  the  city  it  shall  be  the  duty  of  said  district 
superintendents  of  lamplighters  to  instruct  them  as  to  the 
hours  when  they  shall  light  and  extinguish  the  lamps  ; the 
Duty  of  police,  captaius,  lieutenants  and  sergeants  of  police  shall  report 
to  the  Superintendent  of  Lamps  and  Lighting  all  failures 
to  light  and  extinguish  the  lamps  at  the  proper  time  in 
their  respective  beats,  and  in  all  cases  [where  the  lamps 
belonging  to  the  city  shall  be  broken  and  not  properly 
repaired ; and  the  Superintendent  of  Lamps  and  Lighting 


ART.  20.]  ASSISTANT  SUPERINTENDENT ORDINANCES. 


901 


shall  have  power  to  suspend  or  remove  for  neglect  of  duty,  ®and^?em?vais. 
as  in  his  judgment  the  case  may  require,  any  of  said 
appointees  ; and  the  said  district  superintendents  of  lamp- 
lighters shall  report  to  the  said  Superintendent  of  Lamps  ^ISperiMen- 
and  Lighting  at  such  times  as  he  may  require,  the  condition 
of  the  lamps  and  the  transactions  of  the  lamplighters.  The 
said  district  superintendents  shall  be  governed  by  such 
other  and  further  rules  and  regulations  as  may  be  pre- 
scribed  by  the  Superintendent  of  Lamps  and  Lighting. 

ASSISTANT  SUPERINTENDENT  OF  LAMPS  AND 
LIGHTING. 

Ord.  35,  April  1,  1881.  City  Code,  (1893)  Art.  28,  Sec.  20. 

Ord.  28,  March  9,  1896. 

24.  There  shall  be  appointed,  pursuant  to  authority  Appointment 
conferred  by  section  204  of  the  City  Charter,  as  Assistant  supe^riiteSi 
Superintendent  of  Lamps  and  Lighting,  some  suitable, 
experienced  and  competent  person,  known  as  a practical 
chemist,  who  is  not  a stockholder  in  nor  an  employe  of 
any  gas  company,  or  interested  in  any  way  in  the  manu- 
facture of  illuminating  gas  in  the  city,  and  who  is  not  a 
stockholder  in  nor  an  employe  of  any  company  engaged 
in  the  manufacture  of  kerosene  oil  or  fluids  made  from 
petroleum  or  its  products,  which  are  used  for  illuminating 
purposes,  or  are  offered  for  sale  in  the  city  of  Baltimore, 
or  interested  in  any  way  in  such  manufacture,  to  serve  as 
inspector  of  illuminating  gas,  oils,  etc.,  to  inspect  illumi- 
nating gas,  such  as  is  now  furnished  by  the  Consolidated 
Gas  Electric  Light  and  Power  Company  of  this  city,  or 
such  as  may  be  furnished  by  any  company,  person  or 
persons  hereafter  for  public  use,  and  also  as  inspector  of 
kerosene  oil  or  fluids  made  from  petroleum  or  its  products 
which  are  used  for  illuminating  purposes,  who,  before  he 
enters  upon  the  discharge  of  his  duties,  shall  give  bond 
with  approved  securities,  to  the  satisfaction  of  the  Mayor, 
in  the  penal  sum  of  one  thousand  dollars  ($1,000),  con- 
ditioned for  the  faithful  discharge  of  the  duties  of  the 
office,  and  to  take  an  oath  or  affirmation  to  faithfully,  dili- 
gently and  impartially  discharge  the  duties  of  the  office. 


902 


LAMPS  AND  lighting — ORDINANCES.  [arT.  20. 


Ord.  99,  May  27,  1890.  City  Code,  (1893)  Art.  28,  Sec.  21. 

To  make  in-  25.  It  shall  bc  the  duty  of  said  inspector  to  inspect, 
tests  of  gas  tcst  and  determine  the  illuminating  power  and  purity  of 

and  oils.  i i 

the  illuminating  gas  furnished  by  any  gas  company,  person 
or  persons,  for  public  use  in  the  city  of  Baltimore  ; and  it 
shall  also  be  the  duty  of  the  said  inspector  to  collect,  from 
time  to  time,  from  each  and  every  place  in  the  city  wherein 
is  bartered,  given,  sold  or  offered  for  sale,  in  quantities 
less  than  a barrel,  any  of  the  oils  or  products  of  petroleum 
mentioned  in  this  Article,  samples  of  the  same  in  quan- 
tities of  not  less  than  one-half  pint  from  each  lot ; and  any 
person  or  persons  refusing  to  comply  with  the  demand  of 
said  quantity  as  a sample  for  test,  shall  be  subject  to  a fine 
of  ten  dollars  for  each  and  every  day  of  said  refusal ; said 
oil  to  be  examined  by  Tagliabue's  open  coal  oil  tester,  or 
some  other  instruments  constructed  upon  the  same  princi- 
ple, and  to  determine  the  flashing  point  of  each  and  every 
sample,  and  the  density  of  each,  and  to  report  to  the  Superin- 
tendent of  Lamps  and  Lighting,  in  writing,  weekly,  the 
condition  of  the  illuminating  gas,  as  to  its  purity  and 
illuminating  power,  together  with  the  flashing  point  and 
density  of  the  samples  of  coal  oil  collected. 

Ord.  35,  April  1,  1881.  City  Code,  (1893)  Art.  28,  Sec.  22. 

^sh^aub?  quality  of  the  illuminating  gas  supplied  by  any 

tested.  gas  company,  person  or  persons  in  the  city  of  Baltimore, 
for  public  use,  shall  be  determined  at  the  place  or  places 
where  the  Superintendent  of  Lamps  and  Lighting,  in  his 
judgment,  may  deem  it  best  to  place  the  necessary 
apparatus. 


Ord.  35,  April  1,  1881.  City  Code,  (1893)  Art.  28,  Sec.  23. 

Penalty  for  in-  27.  If  the  illuminating  gas  supplied  by  anygascom- 
enorgas.  persou  or  persous,  for  public  use  in  the  city  of 

Baltimore,  shall  be  at  any  time  of  less  illuminating  power 
or  of  less  purity  than  according  to  the  standard  established 
by  section  462  of  the  City  Charter,  it  shall  be  so  reported 
by  the  inspector,  and  the  company,  person  or  persons. 


ART.  20.]  ASSISTANT  SUPERINTENDENT — ORDINANCES. 


903 


supplying  the  same,  shall  be  subject  to  a penalty  of  one 
hundred  dollars  for  each  and  every  day  during  which  such 
violation  shall  continue ; provided,  however,  that  if 
it  shall  appear  that  such  deviation  from  the  above- 
named  standard  could  not  have  been  prevented  by  ordinary 
care  and  prudence,  but  was  occasioned  by  some  unavoid- 
able cause,  then  the  said  penalty  shall  not  be  enforced 
while  such  unavoidable  cause  shall  continue. 


Ord.  35,  April  1,  1881.  City  Code,  (1893)  Art.  28,  Sec.  24. 

Ord.  197,  24,  April  25,  1899. 

28.  It  shall  not  be  lawful  for  any  person  or  persons  or  Requirements 
firm  to  barter,  give,  sell  or  offer  for  sale  within  the  limits  point 
of  the  city  of  Baltimore  any  oil  or  fluid  made  from  ofi"feYc.°^ 
petroleum  or  its  products,  and  which  is  used  for  illumi- 
nating purposes,  which  will  flash  or  give  off  an  inflammable 
vapor  below  120  degrees  Fahrenheit,  or  have  a density 
below  48  degrees  Beaume  ; and  any  person  or  persons  or 
Arm  violating  any  of  the  provisions  of  this  section  shall  penalty, 
forfeit  and  pay  for  each  and  every  offence  a flne  of  not 
less  than  five  dollars  nor  more  than  twenty  dollars. 


Ord.  197,  April'25,  1899. 

29.  Nothing  in  the  next  preceding  section  of  this 
Article  shall  be  so  construed  as  far  as  the  testing  and  flash  wbit  othS' 
test  and  density  are  concerned,  as  to  interfere  with  the 
sale  of  gasoline  or  the  lighter  products  of  coal  oil  or 
petroleum  sold  as  such  and  used  for  street,  lawn  or  market- 
house  illumination,  or  for  the  purpose  of  cooking,  or  for 
other  uses  than  illumination. 


30.  All  fines,  forfeitures  and  penalties  incurred  by  the  ^ 
violation  of  any  of  the  provisions  of  this  Article  shall  be 
recovered  as  other  fines,  penalties  and  forfeitures  imposed  aiSes^ ' 
by  ordinance  are  recoverable,  and  when  collected  shall  be 
paid  to  the  Comptroller. 


904 


LIBRARIAN — ORDINANCES . 


[art.  21. 


Inventory  of 
perishable 
and  mov- 
able property 
to  be  fur- 
nished to 
City  Libra- 
rian. 


ARTICLE  XXL 

LIBRARIAN. 

ORDINANCES. 


Perishable  and  Movable  City 
Property. 

1.  Heads  of  departments  and  city 

officials  in  charge  of  such 
property  to  furnish  list  there- 
of to  City  Librarian ; excep- 
tion. 

2.  City  Librarian  to  have  said  lists 

copied  in  book. 

3.  List  to  be  filed  annually  by  par- 

ties in  charge  of  such  property 
or  when  they  shall  vacate 
office  ; such  party  to  turn  over 
property  to  his  successor  in 
office,  or  to  a person  designated 
by  the  Mayor ; when  vacancy 
caused  by  death,  successor  or 
other  person  designated  to  take 
possession  of  property. 

4.  Comptroller  to  annually  exam- 

ine said  lists  to  see  that  prop- 
erty is  accounted  for ; Comp- 
troller to  report  to  City  Solici- 
tor when  property  not  account- 
ed for;  City  Solicitor  to  proceed 
in  recovery  of  same. 


Assistant  Librarian. 

5.  Bond  ; oath  of  office. 

Pictorial  Collection  Showing 
Growth  and  Development 
of  City. 

6.  City  Librarian  to  make  collec- 

tion of  pictures,  etc.,  of  feat- 
ures of  city ; to  arrange  same 
to  show  growth  and  develop- 
ment of  city. 

7.  To  acquire  said  pictures,  etc.,  by 

gift  or  otherwise,  after  approval 
by  such  boards  or  commissions 
as  the  Mayor  may  designate. 

8.  To  have  principal  sections  of 
^ city,  etc.,  and  natural  and  arti- 
ficial features  photographed 
every  ten  years  for  said  col- 
lection. 

9.  To  maintain  and  develop  said 

collection  so  as  to  preserve 
pictorial  history  of  city. 


PERISHABLE  AND  MOVABLE  CITY  PROPERTY. 

Ord.  35,  March  5,  1900. 

1.  The  heads  of  all  departments  and  all  sub-depart- 
ments, and  all  municipal  officers  of  the  city  of  Baltimore 
not  embraced  in  any  department  provided  for  in  the  exist- 
ing charter  of  said  city,  and  all  special  commissions  or 
boards  of  said  city  provided  for  by  law  or  ordinance,  and 


ART.  21.  J PERISHABLE  AND  MOVABLE  PROPERTY — ORDINANCES. 


905 


all  municipal  officers  or  employes,  and  officers  or  employes 
of  either  Branch  of  the  City  Council  in  possession  of  any 
perishable  or  movable  property  of  the  city  of  Baltimore, 
or  to  whom  the  keeping  or  use  or  distribution  or  issue  of 
of  any  such  property  is  committed  by  any  law  or  by  any  furnished, 
ordinance  of  said  city,  are  directed  to  immediately  prepare 
a list  or  inventory  of  said  property,  and  to  file  the  same 
with  the  City  Librarian.  Where  any  head  of  department 
or  other  superior  officer  has  in  the  discharge  of  his  duty  to 
commit  the  keeping  or  use  of  such  property  to  any  sub- 
ordinate officer  or  employe,  the  list  or  inventory  of  such  Exception, 
property  is  to  be  included  in  that  filed  by  such  head  of 
department  or  superior  officer,  and  such  subordinate  officer 
or  employe  need  file  no  list  or  inventory. 


Ord.  35,  March  5,  1900. 

2.  It  shall  be  the  duty  of  the  City  Librarian  to  carefully  Duty  of  city 
keep  said  list  or  inventory,  and  to  have  the  same  copied 
into  a book  or  books  kept  for  that  purpose. 


Ord.  35,  March  5,  1900. 

3.  Every  person  directed  by  section  one  of  this  Article 
to  file  a list  or  inventory  shall  be  responsible  for  the  pres- 
ervation and  safe-keeping  of  any  such  property  directed 
to  be  included  in  said  list  or  inventory,  and  shall  annually, 
during  his  term  of  office  or  employment,  or  on  vacating '^hfs'^TuccL^sor 
such  office  or  employment,  render  an  account  to  the  Mayor  euy^?nciu?ed 
and  City  Council  of  Baltimore  (and  file  the  same  with  the 
City  Librarian) , of  all  perishable  or  movable  property  of 
the  said  city  which  may  be  in  his  possession,  or  may  have 
come  into  his  possession  during  his  term  of  office;  and  on 
such  expiration  of  a term  of  office  or  vacation  of  office  or 
employment  the  person  who  has  held  or  exercised  the  same 
shall  deliver  to  his  successor,  or  if  there  be  no  successor, 
to  such  person  as  the  Mayor  shall  designate,  all  of  the 
property  of  the  kind  aforementioned,  which  appears  or 
should  appear  by  the  account  to  be  then  rendered  as  above 
provided,  to  be  in  his  possession  or  keeping,  and  such  suc- 
cessor or  person,  so  by  the  Mayor  designated,  shall  give  a 


906 


LIBRARIAN — ORDINANCES . 


[art.  21. 


Duty  of  succes- 
sors in  case 
of  death  or 
vacancy. 


Duty  of  Comp- 
troller. 


Bond  of  First 
Assistant 
Librarian. 


Oath. 


receipt  for  the  same.  In  case  any  such  office  or  employ- 
ment is  vacated  by  death  or  by  a cause  rendering  the 
person  who  has  held  the  same  incompetent  to  render  said 
account  and  deliver  said  property  to  his  successor,  or  to  the 
person  designated  by  the  Mayor,  it  shall  be  the  duty  of 
such  successor  or  person  designated  to  take  possession  of 
such  property  held  by  the  person  so  dying  or  vacating  said 
office  or  employment,  and  such  person  shall  thereupon  stand 
charged  with  and  be  responsible  for  said  property. 


Ord.  35,  March  5,  1900. 

4.  It  shall  be  the  duty  of  the  Comptroller  periodically, 
and  at  least  once  in  every  year,  to  examine  the  lists  or 
inventories  filed  with  the  City  Librarian  under  section  3 of 
this  Article,  and  to  see  that  all  property  of  the  kind  men- 
tioned in  section  1 of  this  Article  is  held  or  properly 
accounted  for  by  the  officer  or  person  to  whom  the  same  is 
committed  by  law  or  ordinance,  or  who  may  come  into 
possession  of  the  same,  and  to  report  to  the  City  Solicitor  any 
failure  to  account  for  any  of  said  property,  or  to  properly 
preserve  and  use  the  same,  and  the  City  Solicitor  shall 
institute  such  suit  as  in  his  judgment  the  facts  warrant 
for  the  recovery  of  said  property,  or  for  the  value  or  dam- 
ages for  the  loss  thereof  or  injury  thereto,  and  for  any 
failure  to  account  for  the  same. 


ASSISTANT  LIBRARIAN. 

City  Code,  (1879)  Art.  32,  Sec.  8.  City  Code,  (1893)  Art.  32^  Sec.  8. 

5.  The  First  Assistant  Librarian  shall  give  bond  to  be 
approved  by  the  Mayor  as  required  by  section  198  of  the 
City  Charter,  with  condition  for  the  faithful  performance 
of  his  duties  with  such  penalty  and  such  security  as  the 
City  Librarian  may  deem  proper;  and  before  he  enters  upon 
the  duties  of  his  office  he  shall  take  the  oath  prescribed  for 
the  officers  of  the  corporation. 


ART.  21.]  PICTORIAL  COLLECTION “ORDINANCES.  907 

PICTORIAL  COLLECTION  SHOWING  GROWTH  AND 
DEVELOPMENT  OF  CITY. 

Ord.  240,  April  24,  1905. 

6.  The  City  Librarian  is  authorized  and  directed  to  city  Librarian 
bring  all  the  paintings,  etchings,  pictures,  prints,  photo- 
graphs,  etc. , of  Baltimore  city  or  sections  thereof,  or  streets,  pictures,  etc. 
docks,  plazas  and  market  spaces,  towers,  railways,  bridges, 
monuments,  buildings,  and  any  other  natural  and  artificial 
features,  as  may  now  be  in  the  possession  of  the  city,  into 
a general  collection  to  be  so  arranged  in  the  City  Hall 
library  or  other  suitable  room,  as  to  show  the  growth  and 
development  of  the  city  from  the  earliest  times  to  the  pres- 
ent day. 


Ord.  240,  April  24,  1905. 

7.  The  said  City  Librarian  is  further  authorized  to  pur- to  acquire 
chase  or  acquire  by  gift  or  otherwise,  any  other  pictures,  chase,  gift, 
etchings,  paintings,  photographs,  etc.,  of  Baltimore  city 
for  the  said  collection,  after  the  same  have  been  approved 
by  such  boards  or  commissions,  art  or  historic  societies,  as 
the  Mayor  may  designate. 


Ord.  240,  April  24,  1905. 

8.  In  order  that  the  purposes  of  this  pictorial  collection  photographs  of 
may  be  continued  in  the  future,  the  said  City  Librarian  of  city  to  L""” 
shall  at  periods  of  ten  years  hereafter,  have  such  photo-  pref?r?Sa. 
graphs  made  of  the  principal  sections  of  the  city,  principal 
streets,  buildings,  monuments,  etc.,  and  any  natural  or 
artificial  features  which  may  have  undergone  a change  in 
the  previous  period  of  ten  years,  for  the  said  collection. 


Ord.  240,  April  24,  1905. 

9.  It  shall  be  the  duty  of  the  City  Librarian  to  maintain  collection  to 
and  develop  the  said  collection  as  time  goes  on  so  as  to  aud'deveT-"^^^ 
preserve  to  the  city  a pictorial  history  of  its  ever  changing 
physical  aspect. 


908 


MCDONOGH  INSTITUTE  — ORDINANCES. 


[art.  22. 


ARTICLE  XXII. 

McDONOGH  EDUCATIONAL  FUND 
AND  INSTITUTE. 


Management  of  the  McDonogh 
Educational  Fund  and  Institute. 

1.  Board  of  trustees  of  said  fund, 

2.  What  property  to  pass  to  and 

vest  in  board. 

3.  Number  of  trustees ; vacancies 

in  board ; how  filled ; when 
Maj'or  to  appoint  to  board. 

4.  Majority  of  board  to  make  by- 

laws and  regulations  for  man- 
agement of  fund  and  Institute ; 
powers  of  board  to  remove 
members  ; other  powers  ; dis- 
bursing officer  of  fund  to  give 
bond. 

5.  Trustees  to  sell  and  purchase 

real  estate ; to  use  funds  aris- 


ing thereout  and  interest  from 
principal  fund ; to  improve 
real  estate  purchased  ; not  to 
reduce  principal  sum ; to 
secure  same. 

6.  Support  and  maintenance  of 

school  farm  and  pupils. 

7.  Trustees  to  make  full,  certified 

report  annually  to  Mayor  and 
City  Council;  what  report  shall 
show. 

8.  Records  and  books  of  Institute 

to  be  open  to  inspection  of 
Mayor  and  City  Council  at  all 
times ; Mayor  and  Cit}^  Coun- 
cil may  appoint  committees  to 
inquire  into  affairs  of  Institute. 


MANAGEMENT  OF  THE  McDONOGH  EDUCATIONAL 
FUND  AND  INSTITUTE.* 

City  Code,  (1879)  Art.  34,  Sec.  1.  City  Code,  (1893)  Art.  34,  Sec.  1. 

1.  By  ordinance  No.  68,  July  10,  1868,  Lawrence 
Sangston,  Joshua  Vansant,  Albert  -Schumacher,  Robert  T. 
Baldwin,  John  Donnell  Smith,  James  B.  George,  H.  Clay 
Dallam,  William  A.  Stewart  and  William  Keyser,  of  the 
city  of  Baltimore,  were  constituted  the  Board  of  Trustees 
of  the  McDonogh  Educational  Fund  and  Institute. 


*NoTE. — See,  note  relating  to  McDonogh  Educational  Fund,  City 
Code,  (1879),  pages  612,  et  seq. 


ART.  22.]  EDUCATIONAL  FUND — ORDINANCES. 


909 


City  Code,  (1879)  Art.  34,  Sec.  2.  City  Code,  (1893)  Art.  34,  Sec.  2. 

2.  All  the  money,  stock,  securities,  investments,  prop-  Property, 
erty  and  estate  of  every  kind  and  description,  with  the 
increment  thereon,  which  has  heretofore  come  into  the 
possession  of  the  city  of  Baltimore,  or  which  hereafter  may 
come  into  its  possession,  or  which  is  now  held  by  any  agent, 
trustees  or  board  of  trustees,  heretofore  created  by  any 
ordinance,  and  which  has  been  or  may  hereafter  be 
received  under  the  bequests  and  devises  contained  in  the 
will  of  John  McDonogh,  by  the  city  of  Baltimore,  shall 
pass  to  and  be  invested  in  said  board  of  trustees. 


City  Code,  (1879)  Art.  34,  Sec.  3.  City  Code,  (1893)  Art.  34,  Sec.  3. 

3.  The  number  of  trustees  shall  not  be  less  than  seven.  Number  of 

• trustees. 

nor  more  than  nine,  and  if  at  any  time  they  shall  be  re- 
duced to  a less  number  than  seven,  by  death,  resignation 
or  removal  out  of  Baltimore  city,  or  otherwise,  it  shall  be 
the  duty  of  the  remaining  trustees  to  fill  each  vacancy  vacancies, 
within  thirty  days  after  its  occurrence,  and  if  they  do  not 
fill  such  vacancy  within  said  period,  it  shall  be  the  duty  of 
the  president  of  the  board  to  notify  the  Mayor  of  the  fact 
of  said  vacancy,  and  thereupon  it  shall  be  the  duty  of  the 
Mayor  to  appoint  some  person  to  fill  such  vacancy  or 
vacancies  as  often  as  they  may  occur  in  manner  aforesaid, 
and  the  person  so  appointed  shall  be  and  become  one  of  the 
trustees  to  all  intents  and  purposes. 


City  Code,  (1879)  Art.  34,  Sec.  4.  City  Code,  (1893)  Art.  34,  Sec.  4. 

4.  A majority  of  said  trustees  shall  have  power,  from  Powers  of 
time  to  time,  to  enact  and  make  by-laws  and  rules  and 
regulations  for  the  management  and  government  of  said 
Fund  and  Institute  ; they  shall  also  have  power  to  remove 
any  one  of  their  own  number  who  in  the  opinion  of  the 
majority  of  said  trustees  may  be  negligent  of  his  duty,  or 
otherwise  conduct  himself  improperly;  to  elect  annually  a 
president,  secretary  and  agent,  fix  their  salaries  and  pre- 
scribe their  respective  duties,  and  to  remove  them  at 
pleasure;  to  appoint  such  other  officers  and  servants  as 


910 


MCDONOGH  INSTITUTE — ORDINANCES.  [arT.  22. 


Sale  and  pur- 
chase of  real 
estate. 


Support  and 
maintenance 
of  school 
farm  and 
pupils. 


they  may  deem  necessary  and  proper,  according  to  such 
rules  and  by-laws  as  may  be  prescribed  by  them;  and  any 
officer  or  officers,  or  agent,  who  shall  be  appointed  to 
receive  and  disburse  the  money  of  said  Fund  and  Institute, 
shall,  before  he  proceeds  to  act  as  such,  enter  into  bond 
with  such  penalty  and  conditions  as  may  be  prescribed  by 
said  trustees. 


City  Code,  (1879)  Art.  34,  Sec.  5.  City  Code,  (1893)  Art.  3^,  Sec.  5. 

5.  The  said  trustees  may  sell  all  the  real  estate  situate 
in  the  city  of  Baltimore,  heretofore  purchased  by  the  trus- 
tees of  the  McDonogh  Educational  Fund  and  Institute, 
and  invest  the  proceeds  in  real  estate  in  the  vicinity  of 
Baltimore,  of  such  dimensions  and  at  such  distance  from 
said  city  as  to  them  may  seem  most  judicious  for  the  pur- 
pose of  establishing  a school  farm,  as  directed  under  the 
will  of  the  said  John  McDonogh,  which  real  estate  shall 
be  in  fee  simple  and  adapted  to  agricultural  purposes;  in 
addition  to  the  proceeds  arising  from  the  sale  of  the  real 
estate  aforesaid,  the  said  trustees  are  authorized  to  use  all 
the  interest  which  may  accrue  from  the  investment  of  the 
sum  of  five  hundred  thousand  dollars,  in  the  purchase  of 
said  real  estate  and  erection  of  such  buildings  and  improve- 
ments thereon  as  may  be  necessary  for  such  school  farm, 
until  the  purchase  money  of  the  land  and  the  erection  of 
said  buildings  shall  have  been  fully  paid;  provided,  never- 
theless, that  the  principal  sum  of  said  fund  shall  at  no  time 
be  less  than  five  hundred  thousand  dollars,  which  the  said 
trustees  are  required  to  have  well  secured  at  all  times.** 


City  Code,  (1879)  Art.  34,  Sec.  6.  City  Code,  (1893)  Art.  34,  Sec.  6. 

6.  So  soon  as  the  purchase  of  the  real  estate  and  the 
erection  thereon  of  the  buildings  mentioned  in  the  preced- 
ing section  shall  have  been  completed  and  paid  for,  the 
said  trustees  shall  apply  the  interest  issuing  from  said 
funds,  as  well  as  the  interest  which  may  be  derived  from 
all  other  property  devised  to  the  city  of  Baltimore  by  the 


‘Note. — See  Newbold  v.  Glenn,  67  Md.  489. 


ART.  22.1  EDUCATIONAL  FUND — ORDINANCES. 


911 


said  John  McDonogh,  to  the  support  and  maintenance  of 
said  school  farm,  and  the  expenses  incident  to  the  proper 
instruction  and  education  of  the  youth  directed  by  said  will 
of  said  John  McDonogh. 


City  Code,  (1879)  Art.  34,  Sec.  7.  City  Code,  (1893)  Art.  34,  Sec.  7. 

7.  It  shall  be  the  duty  of  the  Board  of  Trustees  to  ex-  Annual  report, 
hibit  to  the  Mayor  and  City  Council  of  Baltimore,  annually, 
a full  report  in  writing  of  their  proceedings  during  the 
year,  and  of  the  state  of  the  Institute,  showing  the  number 
and  condition  of  the  pupils,  and  all  matters  necessary  to 
the  full  understanding  of  the  affairs  and  situation  of  the 
Institute,  which  shall  be  certified  by  oath  or  affirmation  of 
the  president,  secretary  and  agent,  and  at  least  one  of  the 
trustees;  it  shall  be  accompanied  by  an  account  or  state- 
ment, certified  in  like  manner,  showing  the  receipts  and 
expenditures  for  the  year,  and  the  assets  and  pecuniary 
condition  of  the  Institute,  and  said  reports  shall  be 
addressed  to  the  Mayor  at  least  ten  days  before  the  annual 
meeting  of  the  City  Council  in  each  and  every  year. 


City  Code,  (1879)  Art.  34,  Sec.  8.  City  Code,  (1893)  Art.  34,  Sec.  8. 

8.  The  records,  books,  accounts,  papers,  grounds  and 

, -IT  • 1 11  11  • 1 In.spection  of 

buildings  of  the  said  Institute  shall  at  all  times  be  open  to  records, 
the  inspection  and  examination  of  the  Mayor;  and  the  City 
Council  shall  always  have  power,  by  resolution  or  otherwise, 
to  appoint  committees  of  their  body  to  inquire  into  the 
affairs  of  said  Institute. 


markets — ORDINANCES . 


[art.  23 


ARTICLE  XXIII. 

MARKETS. 

ORDINANCES. 

PART  1. 

GENERAL  PROVISIONS  RELATING  TO  MARKETS. 


Market  Employes. 

Assistant  Market  Masters  or 
Clerks. 

1.  Appointment  of ; their  power 

and  authority  in  markets  ; to 
attend  at  markets  and  enforce 
rules  of  same. 

Salaries. 

2.  Clerks  and  cleaners  of  the  sev- 

eral markets;  Broadway;  ad- 
ditional duties  of  cleaner ; 
Center  market;  Cross  Street ; 
allowance  for  brooms,  etc., 
used  in  cleaning  Cross  Street 
market  hall ; further  duties 
of  cleaner;  Hanover;  Hollins 
market ; additional  duties 
and  allowance  of  clerk  of 
Hollins  market ; Eafayette 
market ; Northeastern  mar- 
ket ; Lexington  market;  to 
be  cleaned  daily  ; Richmond 
market ; Canton  market. 

Duties  of  Clerks. 

3.  To  prevent  sale  of  unwholesome 

provisions ; to  detect  short 
weights  ; to  seize  and  sell 
short  weight  packages ; to 
decide  differences  and  dis- 
putes in  markets;  to  try  scales 
and  measures;  to  seize  and 


destroy  false  weights  and 
measures;  to  penalize  users 
of  same;  disposition  of  pen- 
alty; to  collect  stall,  etc., 
rents. 

4.  To  cause  dirt,  filth  and  snow  to 

be  removed  from  markets  ; 
to  wash  off  all  filth  from 
pavements  and  gutters  of  fish 
markets;  penalty  for  neglect 
of  clerk. 

5.  Bond;  conditions  of  bond. 

6.  Amounts  of  bonds  required  of 

the  clerks  of  the  respective 
markets. 

7.  C omptroller  to  see  to  sufficiency 

of  bonds;  to  examine  accounts 
of  clerks  and  collect  defi- 
ciencies. 

8.  To  make  repairs  up  to  fifty 

dollars. 

9.  To  prevent  idle  and  disorderly 

persons  from  frequenting 
markets;  fine  for  such  offen- 
ders. 

10.  Penalty  for  resisting  or  ob- 

structing clerks. 

Halls  over  Market  Houses. 

11.  Not  to  be  rented  for  balls  or 

soirees. 


ART.  23.] 


MARKETS— ORDINANCES. 


913 


Licenses  and  Rents. 

12.  “For  rent”  notice  on  unrented 

stalls. 

13.  Clerks  to  fix  rents  of  stalls  not 

enumerated  in  this  Article; 
street  stall  rents. 

14.  Mayor  to  cause  movable  stalls 

to  be  erected  and  placed  in 
markets;  clerks  to  rent  same  to 
venders;  penalty  for  injuring 
stalls  in  markets. 

15.  Clerks  to  collect  per  diem  rents; 

to  render  account  for  same 
under  oath;  to  pay  same  to 
Comptroller  monthly. 

16.  Payment  by  dealers  for  use  of 

stalls  ; butchers  and  bacon 
dealers  excepted. 

License  Certificates  and  Licenses. 

17.  Persons  renting  stalls,  etc.,  to 

receive  for  same  certificate 
from  clerk  ; Comptroller  to 
issue  license  upon  approving 
certificate;  what  license  shall 
show;  Comptroller  to  keep 
record  of  licenses ; licenses 
assignable ; license  to  be 
evidence  of  title  in  licensee; 
license  fee;  fee  may  be  in- 
creased. 

18.  Clerks  to  report  monthly  to 

Comptroller  certificates 
granted;  penalty  for  failure 
of  such  grantee  to  procure 
license;  Comptroller  to  fur 
nish  clerks  with  list  of  certifi- 
cate holders  who  have  failed 
to  get  license;  clerks  to  collect 
license  fees  from  such  persons. 

19.  Penalty  for  use  of  stalls  after 

non-payment  of  rent  or  non- 
renewal of  certificate;  clerk 
to  take  possession  of  such 
stalls. 


Vacant  Statls. 

20.  Public  sale  of  vacant  stalls; 

notice  of  such  sale;  proceeds 
of  sale. 

21.  Clerks  to  refuse  to  hire  stalls 

to  applicants  suspected  of 
offending  hereunder ; may 
refuse  to  rent  to  persons  not 
intending  to  occupy  stalls. 

22.  Use  of  vacant  stands  or  stalls; 

fee  for  same;  consent  of 
licensee  required;  proviso  as 
to  sale  of  meats  or  cooked 
provisions  in  Lexington  mar- 
ket. 

Fish  and  Crabs. 

23.  Where  same  may  be  sold;  pen- 

alty for  sales  elsewhere;  sales 
on  Long  Dock. 

Meal  or  Flour. 

24.  License  required  to  sell  same 

in  markets;  license  fee;  not 
to  sell  in  more  than  one  mar- 
ket at  same  time  under  such 
license;  to  sell  from  but  one 
cart;  penalty;  not  to  apply  to 
farmers  or  manufacturers. 

Plats  of  Markets,  etc. 

25.  Plats  to  be  provided  by 

Comptroller  for  his  use  and 
for  use  of  clerks  of  markets. 

Police  Regulations. 

26.  Police  to  attend  markets;  duty 

of  such  police. 

27.  No  water  to  be  drawn  from 

reservoir  in  Fell’s  Point  mar- 
ket for  shipping  purposes ; 
penalty. 

28.  Penalty  for  injuring,  defacing, 

etc.,  market  houses. 


914 


markets — ORDINANCES. 


[art.  23. 


Sales. 

29.  Penalty  for  unlicensed  sales  of 

meat;  proviso  as  to  farmers 
and  licenses  of  puddings  and 
sausages. 

30.  Penalty  for  sales  of  unsound 

or  unwholesome  meats,  etc. 

31.  Scales  for  provisions,  etc.,  sold 

by  weight;  penalty  for  use  of 
steelyards  and  false  weights. 

32.  Horses  or  carriages,  etc.,  not 

to  be  taken  into  markets ; 
slaughtering  prohibited  there- 
in; not  to  deposit  any  filth; 
penalty. 

33.  No  cows  to  be  taken  into  mar- 

kets. 

34.  Penalty  for  sales  in  markets  of 

articles  prohibited  therein ; 
not  to  apply  to  farmers. 

35.  Fresh  meat  in  pieces  less  than 

a quarter  to  be  sold  only  on 
butcher  stalls. 

36.  Penalty  for  sales  of  wines  or 

liquors  in  markets. 

37.  Sales  of  goods  on  footways  at 

markets  to  be  made  only  on 
permit  from  Mayor;  penalty. 

38.  Penalty  for  sale  of  cows  or 

neat  cattle  in  any  streets  of 
city. 

39.  Head  charge  on  sales  of  cows 

or  neat  cattle;  proviso. 

40.  Penalty  for  slaughtering  calves 

under  four  weeks  old  or  under 
fifty  pounds  weight. 

41.  Penalty  for  sale  of  goods  and 

merchandise  in  markets  dur- 
ing market  hours. 

Game  and  Fish  Laws. 

42.  Framed  cards  containing  game 

and  fish  laws  to  be  placed  in 


markets;  penalty  for  tearing 
down  or  defacing  cards. 

Stalls,  Stands  and  Benches. 

Numbers  of  Stalls.,  etc. 

43.  Comptroller  to  have  renum- 

bered ; each  stall  to  have 
distinct  number. 

44.  Street  stalls  to  have  numbers. 

cut  in  curb. 

Use  and  Construction  of  Stalls, 
Stands,  Fixtures,  Etc. 

45.  Penalty  for  erection  of  per- 

manent structures  on  outside 
stalls  of  market  houses  ; such 
structures  now  erected  to  be 
removed  by  owners  on  notice 
from  clerk  ; penalty ; not  to 
apply  to  regular  market 
benches;  nor  to  structures  in 
fish  markets. 

46.  Butcher’s  closets,  etc.,  to  be 

raised  above  pavement ; pen- 
alty for  failure  to  raise  same. 

47.  Division  line  between  butchers. 

and  occupiers  of  benches  be- 
hind shambles ; neither  of 
said  occupants  to  hang  meat, 
etc. , in  the  space  of  the  other; 
penalty. 

48.  Regulations  as  to  butcher’s 

blocks,  etc.,  butchers  to  have 
offal  removed  ; penalty ; sales 
under  extended  sheds  of  mar- 
kets to  be  so  made  as  not  to 
obstruct  purchasers  passing  ; 
penalty;  eave  benches  not  to. 
be  extended  or  enlarged ; 
penalty.  s 

49.  Stalls  not  to  be  boarded  in  ; 

penalty;  use  of  canvas  protec- 
tion during  market  hours 
permitted. 

50.  Space  required  under  meat. 

benches  and  boxes  ; penalty.. 


ART.  23.] 


MARKETS — ORDINANCES . 


915 


51.  Cooking  in  markets  prohib- 

ited; penalty. 

52.  Fruit  dealers  may  use  stalls 

every  day  during  fruit  season. 

53.  Permit  from  Inspector  of 

Buildings  required  for  paint- 
ing wood-work  on  stalls. 

54.  Penalty  for  painting  without 

permit. 

55.  Swinging  signs  not  to  be 

erected  in  markets;  signs  now 
erected  to  be  removed ; pen- 
alty. 

Wagons,  Etc. 

56.  Where  to  be  placed  on  market 

days;  clerk  to  direct  placing  ; 
penalty. 

57.  Restrictions  upon  use  of  streets 

in  markets  during  market 
hours  with  horses  and  vehi- 


cles ; proviso  as  to  farmers 
leaving  markets;  penalty  for 
unlawful  use. 

58.  Hours  for  placing  vehicles  or 

articles  on  streets  in  markets; 
removal  of  same;  not  to  apply 
to  bacon  carts  ; not  to  permit 
bacon  carts  or  others  to  use 
streets  on  Sabbath  day  ; pen- 
alty. 

59.  Placing  horses  in  markets; 

penalty. 

60.  Penalty  for  butchers  or  venders 

of  meat  or  vegetables  bring- 
ing cart  or  other  carriage 
within  market  during  market 
hours. 

61 . Footways  in  markets  to  be  kept 

open;  penalty  for  obstructing 
same. 


PART  II. 

PROVISIONS  RELATING  TO  PARTICULAR  MARKETS. 


Belair  Market. 

62.  Limits;  footway  provisions; 

clerk  to  prevent  posting  of 
bills  and  defacing  of  market 
property;  penalty  therefor. 

63.  Rents  of  stalls  and  benches. 

64.  Permanent  lines  to  be  estab- 

lished by  City  Engineer. 

Broadway  Market. 

65.  Enclosed  stands  and  stands  for 

cooking  prohibited  therein. 

66.  Penalty  for  interfering  with 

clerk  or  cleaner  of  Broadway 
market. 

67.  Clerk  to  prevent  posting  of 


bills  or  other  injury  to  hall 
over  said  market ; penalty  for 
injury  to  said  hall. 

68.  How  wagons  shall  stand  in 

market;  clerk  to  enforce  pro- 
visions. 

69.  Rent  of  stalls;  additional  li- 

cen.se  fee. 

Canton  Market. 

70.  Comptroller  to  sell  all  stalls 

therein;  discretion  of  Comp- 
troller when  bid  inadequate. 

71.  Stall  rents;  butcher  stalls;  per- 

manent stalls  ; eave  stalls  ; 
license  fee  ; when  rent  to  be- 
gin; rents  payable  in  advance. 


916 


MARKETS— ORDINANCES. 


[art.  23. 


72.  Limits  of  market ; market 

days. 

Centre  Market. 

73.  New  Centre  market  to  become 

part  of  market  system  of  city. 

74.  Market  limits. 

Cross  Street  Market. 

75.  Limits;  rights  and  privileges 

of  occupiers  of  houses  on 
streets  mentioned  not  to  be 
interfered  with;  footways  not 
to  be  obstructed  ; no  -stands 
or  benches  on  footways. 

76.  Clerk  to  have  charge  of,  and  to 

clean  and  light  hall  over 
market. 

77.  Rent  of  butchers’  stalls. 

Fell’s  Point  Market. 

78.  Limits;  provisions  regarding 

footways  to  control. 

79.  Owners  of  certain  stalls  may 

sell  every  day  except  Sunday. 

80.  Clerk  to  establish  regulations 

for  arrangement  of  stalls 
therein. 

81.  Rents  of  stalls  and  benches; 

rents  in  fish  market. 

82.  Sales  of  fish  restricted  to  fish 

market ; penalty  for  sales 
elsewhere. 

83.  Wholesale  country  produce 

market ; proviso  as  to  stalls 
therein  now  used  for  retail- 
ing. 

84.  All  vehicles  containing  country 

produce  for  sale  to  have  free 
access  to  market  and  to 
streets  on  both  sides  thereof; 
license  to  use  said  market  for 
sale  of  country  produce. 

85.  How  produce  shall  be  sold ; 

penalty. 


Hanover  Market. 

86.  Market  limits  ; footway  provi' 

sions  to  apply. 

87.  Rents  of  stalls  and  benches;. 

rents  in  fish  market. 

88.  Limits  for  hucksters  of  butter, 

eggs  or  poultry. 

89.  Vehicles  along  eastern  half  of 

Hanover  street  from  Conway 
street  to  Lombard  street ; 
Sharp  street  to  be  kept  open . 

Hollins  Market. 

90.  Limits;  provisions  regarding 

footways ; vehicles  to  pass 
along  Schroeder  street  during 
market  hours. 

91.  Where  vehicles  may  not  be 

driven  during  market  hours;, 
penalty. 

92.  Rent  of  butchers’  stalls. 

Lafayette  Market. 

93.  Market  limits. 

94.  Authority  and  duties  of  clerk  ;. 

attendance  at  market. 

95.  All  ordinances  and  regulations 

regarding  markets  generally, 
to  apply. 

96.  Uniform  temporary  side  shelt- 

ers to  stalls  may  be  erected 
by  owners. 

Lexington  Market. 

97.  Limits;  proviso  regulating 

wagons,  etc.,  on  Pearl  and 
Pine  streets  on  market  days  ; 
penalty  for  improperly  plac- 
ing wagons,  etc.  ; proviso*as. 
to  florists’  stalls. 

98.  Stall  rents  in  market  house ; 

rents  in  fish  market. 

99.  Rental  of  “space”  stalls;, 

license  also  required. 


ART.  23.]  market  EMPEOYES— ordinances. 


917 


Northeast  Market. 

100.  Sale  of  stalls  in  perpetuity. 

101.  Rental  of  stalls;  license  fee 

additional ; when  rent  and 
license  to  commence  ; paya- 
ble in  advance;  butcher 
stalls,  rent  and  license. 

102.  Rent  of  stalls  in  south  shed  ; 

how  payable. 

103.  Rent  of  stalls  in  south  end  of 

said  shed. 

104.  Limits  of  market ; market 

days. 

105.  Licenses  for  stalls  at  the  four 
corners  of  market. 

Richmond  Market. 

106.  Limits  of  market. 

107.  Rent  of  butchers’  stalls. 

108.  Clerk  may  rent  stalls  to  any 

applicant  w’hen  unoccupied 
by  owmer. 

Provisions  Applicable  to  Various 
Markets. 

109.  Inside  line  against  impedi- 

ments ; penalty  for  impedi- 
ments beyond  line. 


110.  Impediment  line  along  sheds; 

penalty. 

111.  Stalls  for  dealers  in  cheese, 

salted  fish,  etc.,  to  be  desig- 
nated by  clerks  ; location  of 
such  stalls  in  Lexington  mar- 
ket; in  Hanover  market ; in 
Fell’s  Point  market. 

Market  Days  and  Hours. 

112.  In  Hanover  and  Richmond 

markets;  in  Fell’s  Point, 
Belair,  Cross  Street  and  Lex- 
ington markets  ; in  Hollins 
market ; Saturday  evenings 
in  each  of  said  markets ; in 
Lafayette  market. 

113.  Market  hours  in  each  of  said 

markets. 

Sales  of  Market  Stalls. 

114.  Sales  of  stalls  heretofore  made 

by  Comptroller  confirmed ; 
title  of  such  stalls  to  vest  in 
purchaser  ; proviso  as  to  un- 
authorized agreements  made 
at  such  sales. 

115.  Penalty  where  none  specially 

provided  herein  ; collection 
and  disposition  of  penalties. 


PART  I. 

GENERAL  PROVISIONS  RELATING  TO 
MARKETS  OF  CITY. 

MARKET  EMPLOYES. 

Assistant  Market  Masters  or  Clerks. 

City  Code,  (1879)  Art.  35,  Sec.  1.  City  Code,  (1893)  Art.  35,  Sec.  1. 

Ord.  34,  March  9,  1896. 

1.  There  shall  be  appointed  pursuant  to  the  authority 
conferred  by  the  City  Charter,  one  assistant  Market  Mal^kef Mas- 
Master,  to  be  known  as  clerk,  for  each  of  the  markets  of  tersorcierks. 


918 


markets-  ordinances. 


[art.  23. 


Clerks  and 
Cleaners  of 
the  several 
Markets. 


Baltimore  city;  the  clerks  so  appointed  for  the  several 
markets  shall  have  full  power  and  authority  to  take 
possession,  care  and  charge  of  the  markets  to  which  they 
are  respectively  appointed  during  their  terms  of  office; 
and  they  shall  attend  unless  prevented  by  sickness, 
unavoidable  accident  or  necessity  the  markets  to  which 
they  are  respectively  appointed  during  the  market  hours 
hereinafter  prescribed,  and  at  such  other  hours  as  shall  be 
necessary  in  order  to  enforce  obedience  to  all  and  every 
the  rules  directed  to  be  observed  concerning  the  markets. 


Salaries. 

Ord.  59,  May  29,  1879.  Ord.  2,  November  14,  1885.  Ord.  117,  June  10, 
1891.  Ord.  59,  April  23,  1892.  City  Code,  (1893)  Art.  35,  Secs. 

64,  78.  Ord.  137,  December  30,  1898.  Ord.  28,  December  29, 

1899.  Ord.  64,  March  30,  1904.  Ord.  264,  May  15,  1905. 

2.  The  several  officers  mentioned  in  this  section  shall 
receive  as  compensation  the  annual  salaries  herein  allowed 
them: 

Belair  market — Assistant  Market  Master,  nine  hun- 
dred dollars  ($900);  Cleaner,  seven  hundred  and  twenty 
dollars  ($720);  Broadway  (FelTs  Point  market) —Assistant 
Market  Master,  six  hundred  dollars  ($600) ; Cleaner,  six 
hundred  and  sixty  dollars  ($660),  provided  it  shall  be  the 
duty  of  said  cleaner  to  clean  both  the  old  and  the  new 
market  houses,  and  to  take  charge  of  and  keep  in  a cleanly 
condition  the  lamps  in  and  around  said  market,  and  to  light 
the  same.  Center  market — Assistant  Market  Master,  six 
hundred  dollars  ($600) ; Cleaner,  six  hundred  dollars  ($600). 
Cross  Street  market — Assistant  Market  Master  and  Keeper 
of  Cross  Street  market  hall,  seven  hundred  dollars  ($700) ; 
and  the  City  Register  is  hereby  directed  to  pay  to  the  said 
Assistant  Market  Master  the  sum  of  fifty  dollars  ($50)  per 
annum  for  brooms,  soap  and  other  articles  to  be  used  in 
cleaning  Cross  Street  market  hall;  Cleaner,  four  hundred 
and  twenty  dollars  ($420),  and  to  take  charge  and  keep 
in  a cleanly  condition  the  lamps  in  and  around  said  market 
and  light  the  same.  Hanover  market— Assistant  Market 
Master,  four  hundred  and  fifty  dollars  ($450) ; Cleaner,  four 


ART.  23.] 


DUTIES  OF  CLERKS — ORDINANCES. 


919 


hundred  and  twenty  dollars  ($420).  Hollins  Market — 

Assistant  Market  Master,  five  hundred  dollars  ($500),  pro- 
vided it  shall  be  the  duty  of  said  Assistant  Market  Master, 
in  addition  to  the  duties  now  performed  by  him,  to  take 
full  charge  of  the  hall  over  said  market,  and  keep  said  hall 
in  a cleanly  condition,  and  to  light  up  said  hall  when 
necessary;  and  the  City  Register  is  hereby  directed  to  pay 
to  the  said  Assistant  Market  Master  the  sum  of  fifty  dollars 
($50)  per  annum  for  brooms,  soap  and  other  articles  to  be 
used  in  cleaning  Hollins  market  hall;  Cleaner,  five  hundred 
dollars  ($500).  Lafayette  market — Assistant  Market  Mas- 
ter, four  hundred  and  fifty  dollars  ($450);  Cleaner,  four 
hundred  and  twenty  dollars  ($420).  Northeastern  mar- 
ket—Assistant  Market  Master,  four  hundred  dollars  ($400) . 

Lexington  market— Assistant  Market  Master,  nine  hundred 
dollars  ($900);  Cleaner,  one  thousand  dollars  ($1000),  and 
said  market  to  be  cleaned  daily.  Richmond  market— 

Assistant  Market  Master,  four  hundred  and  fifty  dollars. 

($450) ; Cleaner,  four  hundred  and  twenty  dollars  ($420) . 

Canton  market— Assistant  Market  Master,  four  hundred 
and  fifty  dollars  ($450) ; Cleaner,  two  hundred  dollars  ($200)  ^ 

DUTIES  OF  CLERKS. 

City  Code,  (1879)  Art.  35,  Sec.  2.  City  Code,  (1893)  Art.  35,  Sec.  2. 

3.  It  shall  be  the  duty  of  the  clerks  of  the  several 
markets  to  prevent  all  blown,  stuffed,  unsound  or  un  - To  prevent  sale 
wholesome  provisions  from  being  sold,  or  exposed  for  sale  some  pw 
within  the  same,  and  to  weigh  and  examine  all  butter,  lard  tect  short 
and  other  articles  of  provisions  sold  at  a given  weight,  to  see 
that  the  same  are  of  due  weight  for  which  the  same  are 
offered  for  sale,  and  the  same  when  false,  to  seize  and 
dispose  of  to  the  highest  bidder,  for  the  use  of  the  city, 
said  butter  when  so  seized,  to  be  made  in  roll  form 
previous  to  such  sale;  to  decide  all  differences  and 
disputes  which  may  arise  in  the  said  markets,  to  which 
they  are  severally  appointed,  between  buyers  and  sellers, 
touching  the  weight  and  measure  of  the  things  there 
bought  and  sold,  and  to  try  all  scales,  weights  and  measures 
by  which  any  provisions  offered  for  sale  in  the  said  markets,. 


920  markets — ORDINANCES.  [arT.  23. 

are  to  be  weighed  or  measured,  as  often  as  practicable; 
and  all  such  scales,  weights  and  measures,  as  are  found 
incorrect,  shall  be  seized  by  the  clerk  and  destroyed,  and 
Penalty.  the  owners  thereof,  or  the  person  using  them,  shall  forfeit 
and  pay  a fine  of  ten  dollars,  for  each  and  every  offence, 
one-half  for  the  use  of  the  clerk  of  the  market  and  the 
other  half  to  be  paid  into  the  city  treasury,  and  to  collect 
all  rents  of  the  stalls  and  shambles  in  the  markets  to 
which  they  may  belong,  for  the  use  of  the  city. 


City  Code  (1879)  Art.  35,  Sec.  3.  City  Code,  (1893)  Art.  35,  Sec.  3. 

Markets jio^be  4.  The  Said  clerks  shall  cause  the  markets  to  which  they 
cleaned.  are  respectively  appointed,  to  be  swept  at  least  twice  in  every 

week,  on  the  days  next  preceding  market  days,  and  have 
their  respective  markets  cleaned  before  eight  o’clock  on 
Sunday  mornings,  and  on  such  other  days  as  the  Mayor 
may  direct,  and  to  remove  all  dirt,  filth  and  snow  from  the 
same  as  often  as  may  be  necessary;  and  it  shall  be  the  duty 
of  the  said  clerks,  when  fish  are  sold,  to  scrape  and  wash 
the  benches,  and  scrub  and  wash  off  all  filth  from  the 
pavements  and  gutters,  so  as  to  make  the  said  fish  market 
as  clean  as  practicable,  or  cause  the  same  to  be  done, 
before  five  o’clock  in  the  afternoon  of  each  and  every  day 
that  fish  are  sold  therein,  under  a penalty  of  five  dollars  for 
every  neglect  or  omission. 


City  Code,  (1879)  Art.  35,  Sec.  4.  City  Code,  (1893)  Art.  35,  Sec.  4. 

Bond.  5.  Before  the  clerks  of  the  several  markets  shall  take 

upon  themselves  the  execution  of  the  trust  reposed  in 
them  by  this  Article,  they  shall  each  give  bond,  with  suffi- 
cient security  to  be  approved  by  the  Mayor,  to  the  Mayor  and 
City  Council  of  Baltimore,  in  such  penalties  as  may  be 
prescribed  in  this  Article,  for  the  clerks  of  the  several 
markets,  with  conditions  thereto  annexed,  that  they  will 
well  and  faithfully  discharge  the  several  duties  required 
by  this  Article  or  any  ordinance,  and  that  they  will  render 
to  the  Mayor  on  the  first  Monday  in  every  month,  a just 


ART.  23  ] DUTIES  OF  CEERKS — ORDINANCES. 


921 


and  true  account  of  all  moneys  which  they  may  from  time  to 
time  receive  in  virtue  of  their  offices,  and  that  they  will  pay 
the  same  to  the  Comptroller,  for  the  use  of  the  city. 


City  Code,  (1879)  Art.  35,  Secs.  60,  63,  68,  77,  91,  99.  103,  105,  109,  117 
and  123.  Ord.  96,  October  28,  1879.  Ord.  10,  March  15,  1889. 

City  Code,  (1893)  Art.  35,  Secs.  5,  66,  79,  98,  111,  123,  129,  132, 

137,  149  and  157.  Ord.  131,  May  7,  1901. 

6.  The  bonds  to  be  given  by  the  Assistant  Market  Bonds  of  Assis- 
Masters  or  Clerks  of  the  respective  markets  in  the  city  of  Masters  or 
Baltimore,  shall  be  as  follows:  Bond  of  Assistant  Market 
Master  of  Belair  market,  $1,000;  of  Canton  market,  $250; 
of  Center  market,  $750;  of  Cross  Street  market,  $750;  of 
FelTs  Point  market,  $1,000;  of  Hanover  market,  $750; 
of  Hollins  market,  $750;  of  Lafayette  market, 

$500;  of  Lexington  market,  $2,000;  of  North- 

eastern market,  $500;  of  Richmond  market,  $750. 


Ord.  96,  October  28,  1879.  City  Code,  (1893)  Art.  35,  Sec.  6. 

7.  It  shall  be  the  duty  of  the  Comptroller  to  ascertain  comptroller 
if  the  bonds  given  by  the  said  clerks  of  the  respective  sufficiency  of 
markets  be  responsible,  and  also  to  examine  the  accounts 
of  said  clerks  from  time  to  time;  and  if  upon  said  examina- 
tion there  be  found  a deficiency  in  any  of  the  accounts  of 
said  clerks,  he  shall  proceed  at  once  to  collect  the  amount 
of  said  deficiency,  if  the  same  shall  not  be  made  good,  by 
suit  upon  the  bonds  given  by  said  clerks,  as  provided  for 
in  sections  5 and  6 of  this  Article. 


City  Code,  (1879)  Art.  35,  Sec.  5.  City  Code,Rl893)  Art.  35,  Sec.  7. 

8.  Whenever  any  repairs  may  be  required  at  any  of  the  Repairs, 
market  houses,  it  shall  be  the  duty  of  the  clerk  of  the 
market,  with  the  approbation  of  the  Mayor,  to  have  such 
repairs  made,  and  the  expenses  thereof  shall  be  paid  out 
of  the  proceeds  of  said  market;  provided,  that  the  same 
shall  not  exceed  fifty  dollars  for  each  market  in  any  one 
year. 


922 


markets — ORDINANCES . 


[art.  23. 


City  Code,  (1879)  Art.  35,  Sec.  8.  City  Code,  (1893)  Art.  35,  Sec.  10. 

“^idi^SSons^  shall  be  the  special  duty  of  the  clerks  of  the 

quentml'r-  ^larkets,  at  all  times,  to  prevent  idle  or  disorderly  persons 
kets.  from  frequenting  the  market  houses,  and  any  person  or 
* persons  who  may  be  found  sitting,  sleeping  or  behaving  in 

a disorderly  manner,  within  any  of  the  market  houses,  or 
upon  the  shambles,  stalls  or  benches  thereof,  shall  each 
forfeit  and  pay  a fine  of  one  dollar  for  each  offence. 

City  Code,  (1879)  Art.  35,  Sec.  10.  City  Code,  (1893)  Art.  35,  Sec.  12. 

Resistance  to  10.  If  any  person  shall  resist  or  obstruct  any  clerk  of 
a market  in  the  execution  of  his  duty,  he  or  she  shall 
forfeit  and  pay  a sum  not  exceeding  twenty  dollars. 

Halls  over  Market  Houses. 

Ord.  18,  April  10,  1888.  City  Code,  (1893)  Art.  35,  Sec.  159. 

^ed  for^4iis”or  No  hall  ovor  any  market  houso  shall  be  rented  for 

soirees.  purpose  of  holding  balls  and  soirees. 


LICENSES  AND  RENTS. 

City  Code,  (1879)  Art.  35,  Sec.  11.  City  Code,  (1893)  Art.  35,  Sec.  13. 

Notice  on  un-  12.  It  shall  be  the  duty  of  the  clerks  of  the  several 

rented  stalls,  houses  iu  the  city,  to  affix  on  each  stall,  stand, 

shamble  and  bench  in  each  of  said  market  houses  not 
rented  and  licensed,  a written  or  printed  notice,  offering 
the  same  for  rent  and  stating  the  amount  of  rent  and 
license  which  will  be  charged  for  the  same. 


City  Code,  (1879)  Art.  35,  Sec.  12.  City  Code,  (1893)  Art.  35,  Sec.  14. 

Ord.  129,  August  3,  1896. 

13.  The  clerks  of  the  several  markets,  with  the  consent 
of  the  Mayor,  shall  have  power  to  fix  the  rent  of  all  stalls, 
stands  and  benches  not  enumerated  in  this  Article; 
street  stall  provided,  that  the  rent  for  all  street  stalls  in  all  markets 
shall  be  five  dollars  ($5)  per  annum,  including  license. 


ART.  23.]  LICENSE  CERTIFICATES  AND  LICENSES — ORDINANCES. 


923 


City  Code,  (1879)  Art.  35,  Sec.  13.  City  Code,  (1893)  Art.  35,  Sec.  15. 

14.  The  Mayor  is  hereby  empowered  to  cause,  from  Movable  stalls, 
time  to  time,  as  may  be  found  most  expedient  and  nec- 
essary, a number  of  moveable  stalls  and  permanent  fixed 
benches  to  be  made  and  erected  at  the  expense  of  the 
corporation,  and  placed  on  such  parts  of  the  limits  of 
the  markets  as  may  by  him  be  found  most  convenient 
and  suitable,  and  to  cause  the  same  to  be  numbered 
and  rented  out  to  the  venders  of  market  articles,  by 
the  clerks  of  said  markets,  on  the  terms  heretofore 
established,  or  which  may  hereafter  be  established,  for 
such  stalls  and  benches  in  such  respective  markets;  and  if 
any  person  shall  wilfully  or  maliciously  break  or  otherwise 
injure  any  permanent  fixed  bench,  moveable  or  other  stall, 
any  person  so  offending,  and  every  person  aiding  or  penalty  for  m- 
concerned  in  such  offence,  shall  forfeit  and  pay  a sum  not 
exceeding  twenty  dollars  for  each  offence. 


City  Code,  (1879)  Art.  35,  Sec.  9.  City  Code,  (1893)  Art.  35,  Sec.  11. 

15.  It  shall  be  the  duty  of  the  clerk  of  the  respective  cierks  to  coi- 
markets  to  collect  all  the  per  diem  rents  from  persons  oc- 
cupying  unlicensed  stalls,  stands,  benches  or  places  in  the 
market,  and  return  a true  and  just  account  thereof,  on 
oath,  and  pay  over  the  same  to  the  Comptroller  on  the 
first  Monday  in  each  and  every  month. 


City  Code,  (1879)  Art.  35,  Sec.  14.  City  Code,  (1893)  Art.  35,  Sec.  1^. 

16.  The  clerks  of  the  several  markets  shall  collect  Payment  by 
from  all  dealers,  except  butchers  and  bacon  dealers,  ten  use  oPstaiis. 
cents  for  each  and  every  number  of  the  stall  or  stalls 
occupied  by  them,  on  each  and  every  market  day  or  part 

of  a market  day. 

License  Certificates  and  Licenses. 

City  Code,  (1893)  Art.  35,  Sec.  17.^  Ord.  129,  August  3,  1896. 

1 7.  Whenever  the  clerk  of  any  market  shall  rent  or  hire 
out  any  stall,  stand,  shamble  or  bench,  he  shall  give  to  the 
person  or  persons  obtaining  the  same,  a certificate  thereof. 


924 


markets — ORDINANCES . 


[art.  23. 


specify  the  terms  of  the  tenure  and  the  num- 
he  issued.  ]303^  other  description  of  the  stall,  stand,  shamble  or 
bench ; and  in  case  the  Comptroller  shall  approve  of  the 
terms  of  said  certificate,  he  shall  forthwith  grant  to  the 
person  holding  the  same  a license  under  the  corporation 
for  the  stall,  stand,  shamble  or  bench  described  in  such 
certificate  for  one  year  and  no  longer,  in  which  license 
shall  be  distinctly  expressed  the  number  or  other  de- 
scription of  the  stall,  stand,  shamble  or  bench,  the  market 
wherein  it  is  situated  and  the  terms  of  the  tenure ; and 
reJo^d Comptroller  shall  keep  a record  of  the  name  of  the 
of  licenses,  person  to  whom  such  license  shall  be  granted,  and  the 
terms  and  tenure  thereof  in  a book  to  be  kept  by  him  for 
that  and  similar  purposes,  and  every  such  license  shall, 
with  the  approbation  of  the  Comptroller,  be  transferable 
and  renewable  from  year  to  year  during  the  existence  of 
said  market,  provided  said  licensee  shall  have  complied 
with  all  laws  and  ordinances  of  the  city  of  Baltimore  re- 
^^^M^nceof  luting  to  markets,  and  said  license  shall  be  evidence  of 
which°$5  per  ^ho  grantee  or  assignee  to  the  stall,  stand,  shamble 

be  or  bench  therein  mentioned  ; and  the  person  applying  for 

said  license  shall  pay  therefor  to  the  Comptroller  five  dol- 
lars ($5)  per  annum  for  the  use  of  the  city,  provided, 
however,  that  the  Mayor  and  City  Council  of  Baltimore 
shall  have  the  right  at  any  time  to  change  the  amount  of 
the  license  and  rent  now  or  hereafter  required  to  be  paid. 

Hatch  V.  Prendergast,  15  Md.  252.  See,  also, — Rose  zf.  Baltimore  City, 
51  Md.  270. 

City  Code,  (1879)  Art.  35,  Sec.  16.  City  Code,  (1893)  Art.  35,  Sec.  18. 

Monthly  re-  18.  It  shall  be  the  duty  of  the  clerks  of  the  several 
Comptroller,  markets  of  the  city  to  report  monthly  to  the  Comptroller 
the  names  of  the  several  persons  to  whom  they  may  grant 
certificates  ; and  if  any  of  the  persons  to  whom  certificates 
shall  be  granted,  shall  not  apply  to  the  Comptroller,  within 
ten  days  after  the  date  of  such  certificate,  such  person  or 
persons  shall  be  liable  to  a fine  of  five  dollars  ; and  it  shall 
be  the  duty  of  the  Comptroller  on  the  first  Tuesday  in  each 
month,  to  furnish  the  clerks  of  the  several  markets,  a list 


ART.  23.] 


VACANT  STALLS — ORDINANCES. 


925 


of  the  persons  to  whom  certificates  have  been  granted,  and 
who  have  not  taken  out  licenses,  and  it  shall  be  the  duty 
of  the  said  clerks  to  collect  forthwith  the  amount  of  the 
license  money  due  by  the  granting  of  said  certificates,  and 
to  pay  the  same  over  to  the  Comptroller. 


City  Code,  (1879)  Art.  35,  Sec.  17.  City  Code,  (1893)  Art.  35,  Sec.  19. 

19.  If  any  person  or  persons  to  whom  any  stand,  stall  Fine^fornon- 
or  bench  shall  have  been  rented  in  any  of  the  markets,  rentomon- 
shall  continue  to  occupy  the  same,  and  shall  neglect  to  certificate, 
renew  his,  her  or  their  license  and  certificate,  or  refuse  or 
neglect  to  pay  the  rent  due  on  such  stand,  stall  or  bench, 
such  person  or  persons  shall  be  liable  to  a fine  of  two  dol- 
lars ; and  it  shall  be  the  duty  of  the  clerk  of  the  market  in 
which  such  delinquent  stand,  stall  or  bench  shall  be 
situated,  to  take  possession  of  the  same,  within  ten  days 
from  the  expiration  of  such  license,  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore,  and  proceed  as 
provided  in  the  next  succeeding  section. 


Vacant  Stalls. 

City  Code,  (1879)  Art.  35,  Sec.  18.  City  Code,  (1893)  Art.  35,  Sec.  20. 

20.  When  any  stall  shall  become  vacant  by  the  failure  public  sale  of 
of  the  tenant  to  renew  his,  her  or  their  certificate  or  li- 
cense,  or  rent  due  on  such  stand  or  stall  for  ten  days,  the 
same  shall  be  disposed  of  on  the  succeeding  market  day  at 
eleven  o’clock  A.  M.,  at  public  sale;  the  clerk  having 
posted  at  least  twenty-four  hours’  notice  before  such  sale, 
within  the  limits  of  said  market,  by  an  advertisement 
setting  forth  the  same  ; and  the  proceeds  of  such  sale  shall 
be  paid  over  to  the  Comptroller. 


City  Code,  (1879)  Art.  35,  Sec.  19.  City  Code,  (1893)  Art.  35,  Sec.  21. 

Ord.  129,  August  3,  1896. 

21.  The  clerks  of  the  respective  markets  are  hereby  Regulating  the 
prohibited  from  letting  or  hiring  any  part  of  the  said  mar-  hiring  Sf 
kets,  or  any  stall,  stand  or  bench  therein  to  any  person  or  o?ben?he”^^ 


926 


markets — ORDINAN  CBS . 


[art.  23. 


persons  whom  they  have  good  reason  to  suspect  of  offend- 
ing against  any  of  the  provisions  of  this  Article ; but  said 
clerks  are  prohibited  from  refusing  to  rent  any  stall,  stand, 
bench  or  place  in  any  market  within  the  city  to  any  per- 
son or  persons;  provided,  that  said  clerks  may  refuse  to 
rent  any  stall,  stand,  bench  or  place  in  any  market  to  any 
person  or  persons  who  do  not  intend  to  occupy  the  same 
during  the  term  of  said  renting. 

Pfefferling  v.  Baltimore  City,  88  Md.  475. 


City  Code,  (1879)  Art.  35,  Sec.  20.  City  Code,  (1893)  Art.  35,  Sec.  22. 

Ord.  129,  August  3,  1896. 

^pl^rSns^occu-  person  bringing  provisions  or  articles  of  any 

?aSft^s”ands  description  not  prohibited  to  the  several  markets  for  sale 
or  places.  market  days,  during  market  hours,  shall  be  authorized 
to  occupy  any  vacant  permanent  bench,  movable  stall,  or 
any  other  place  (excepting  butchers'  stalls)  on  paying  for 
the  use  of  the  city  to  the  clerk  or  his  assistant  the  sum  of 
twenty-five  cents  for  each  day  or  part  of  a day,  he,  she  or 

Proviso.  they  shall  occupy  the  same;  provided,  however,  that  no  per- 
son shall  be  permitted  to  occupy  any  stall,  stand,  or  other 
place  under  this  section  for  which  a license  has  been  issued, 
without  the  consent  of  the  licensee  ; and  provided,  further, 
that  the  permission  granted  by  this  section  shall  not  be 
construed  to  allow  any  meats  or  other  cooked  provisions  of 
any  kind  whatever  to  be  sold  or  exposed  for  sale  on  any 
permanent  or  eave  bench  in  the  Lexington  market,  unless 
such  permanent  or  eave  bench  be  located  as  prescribed  by 
ordinances. 

Fish  and  Crabs. 

Ord.  17,  March  20,  1889.  Ord.  65,  May  18,  1889.  City  Code,  (1893) 
Art.  35,  Sec.  103. 

Where  same  23.  No  fresh  or  frozen  fish  or  crabs  shall  be  sold  at 
^ ' any  market  in  the  city  at  wholesale,  except  at  the  whole- 

sale fish  and  crab  market  of  Centre  market,  nor  on  the 
highways  within  a distance  of  five  blocks  from  any  market 
in  the  city,  except  Hanover  market  and  Fell's  Point  market, 
and  not  within  a distance  of  one  block  from  said  Hanover 


ART.  23.]  PRATS  OF  MARKET — ORDINANCES. 


927 


and  FelFs  Point  markets.  Any  person  violating  the  pro- 
visions of  this  section  shall  be  subject  to  a fine  of  twenty 
dollars  for  each  and  every  offence  ; but  fish  may  be  sold  at 
boats  arriving  at  McElderry’s  and  Dugan^s  wharf,  com- 
monly called  Long  Dock. 


Meal  or  Flour. 

City  Code,  (1879)  Art.  35,  Sec.  36.  City  Code,  (1893)  Art.  35,  Sec.  43. 

24.  It  shall  not  be  lawful  for  any  person  to  sell  or  offer  Ucensef9r sale 

1 . , • 1 • 1 required. 

for  sale,  from  any  cart,  wagon  or  other  vehicle,  within  the 
limits  of  any  market  within  the  city,  any  meal  or  flour  of 
any  kind,  without  first  obtaining  from  the  Comptroller  a 
license,  for  which  said  dealers  in  meal  or  flour  of  any 
kind  shall  pay  ten  dollars  to  sell  in  the  several  markets  of 
the  city ; provided,  that  said  license  shall  not  confer  any 
right  to  sell  in  any  more  than  one  market  at  the  same  time, 
nor  out  of  more  than  one  cart,  under  a penalty  of  twenty 
dollars  for  each  and  every  offence  ; provided,  further,  that 
nothing  herein  contained  shall  be  construed  as  extending 
to  farmers  selling  the  produce  of  their  farms,  or  to  manu- 
facturers of  meal  or  flour. 


PLATS  OF  MARKETS,  ETC. 

City  Code,  (1879)  Art.  35,  Sec.  51.  City  Code,  (1893)  Art.  35,  Sec.  58. 

25.  A plat  embracing  the  entire  limits  of  each  market  piat  to  be  pro- 
shall  be  provided  by  the  Comptroller  for  the  use  of  his 
office  distinguishing  the  numbers  of  the  respective  stalls,  aerlTs'^of 
shambles,  benches,  stands  and  places,  as  provided  by 
sections  43  and  44  of  this  Article  and  a copy  thereof  shall 
be  furnished  to  the  clerks  of  the  various  markets. 


POLICE  REGULATIONS. 

City  Code,  (1879)  Art.  35,  Sec.  7.  City  Code,  (1893)  Art.  35,  Sec.  9. 

26.  It  shall  be  the  duty  of  the  police  officers  to  attend  poHce  to 
at  the  several  markets  of  the  city,  in  such  order  of  rotation 


928 


markets — ORDINANCES. 


[art.  23. 


Reservoir  in 
Fell’s  Point 
market. 


Penalty  for 
facing  or 
injuring 
market- 
houses. 


Sale  of  meat. 


and  subject  to  such  rules  and  regulations  as  may  be  pre- 
scribed, and  during  the  prescribed  time  of  such  attendance 
to  aid  and  assist  the  clerks  of  the  said  markets,  respec- 
tively, in  preserving  order  therein  and  enforcing  the 
provisions  of  this  Article. 


City  Code,  (1879)  Art.  35,  Sec.  52.  City  Code,  (1893)  Art.  35,  Sec.  59. 

27.  It  shall  not  be  lawful  for  any  person  to  fill  or  cause 
to  be  filled  with  water,  drawn  from  the  reservoir  situate 
between  the  market-houses  on  FelFs  Point,  any  barrel, 
hogshead,  or  other  w^ater  cask,  whatsoever,  for  shipping 
purposes,  under  a penalty  not  exceeding  twenty  dollars  for 
each  and  every  offence. 


City  Code,  (1879)  Art.  35,  Sec.  53.  City  Code,  (1893)  Art.  35,  Sec.  60. 

i-  28.  If  any  person  ^shall  deface  any  portion  of  any 
market-house,  or  any  appendage  thereto,  or  shall  cast  or 
throw  any  stone,  brick  or  any  other  missile,  or  place  any 
trestle  or  other  lumber  on  the  roof  of  any  market-house  or 
any  shed  or  other  appendage  thereto,  or  climb  on  or  walk 
upon  the  roof  of  the  same,  each  and  every  person,  for 
each  and  every  such  offence  shall  forfeit  and  pay  a sum  not 
exceeding  five  dollars. 


Sales. 

Ord.  50,  May  15,  1879.  City  Code,  (1893)  Art.  35,  Sec.  33. 

29.  No  person  shall  sell  any  meat  in  any  part  of  the 
market-houses  in  the  city,  within  the  limits  of  any  of  the 
markets,  other  than  the  regularly  licensed  butchers’  stalls 
inside  of  the  markets,  under  a penalty  of  ten  dollars  ($10) 
for  each  and  every  offence  ; provided,  that  nothing  herein 
contained  shall  prevent  any  farmer  from  selling  in  any 
market  any  meats  which  are  exclusively  products  of  his 
own  farm,  nor  to  prevent  bacon  sellers  from  making  such 
sales  as  shall  be  authorized  by  license,  nor  to  prevent 
persons  having  licenses  to  vend  puddings  and  sausages, 
from  selling  hand  sausages,  dried  beef  and  cooked  meats. 


ART.  23] 


SALKS — ORDINANCES. 


929 


City  Code,  (1879)  Art.  35,  Sec.  27.  City  Code,  (1893)  Art.  35,  Sec.  34. 

30.  No  person  shall  sell  or  expose  to  sale,  in  any  of  the  unsound  meat, 
markets  aforesaid,  or  elsewhere  within  the  limits  of  the 

city,  any  blown,  stuffed,  unsound  or  unwholesome  meat, 
or  articles  of  provision,  or  measly  pork,  or  stale  or  unsound, 
flesh,  under  the  penalty  of  twenty  dollars  for  each  and 
every  offence  ; the  said  penalty  to  be  paid  into  the  city 
treasury. 

City  Code,  (1879)  Art.  35,  Sec.  28.  City  Code,  (1893)  Art.  35,  Sec.  35. 

31.  All  flesh,  flour  and  other  provisions  sold  by  weight  provisions  sold 
shall  be  weighed  by  scales  and  weights  or  patent  balances,  weight, 
duly  stamped,  and  regulated  by  the  officers  appointed  for 

that  purpose — such  scales  and  weights  or  patent  balances 
to  be  provided  by  the  seller ; and  if  any  person  shall  be 
guilty  of  selling  by  steelyards,  or  by  unjust  weights,  p^ise  weights, 
false  measures,  or  scales  falsely  balanced,  he  or  she  shall 
pay  a fine  of  five  dollars  for  each  and  every  offence. 

Ord.  78,  May  3,  1880.  City  Code,  (1893)  Art.  35,  Sec.  36. 

32.  No  person  shall  lead,  ride,  drive  or  bring  into  any  ^o  horses  or 
of  the  market  houses,  or  on  the  brick  pavement  of  the  bftaSfinto 
same,  any  horse  or  other  beast,  wagon,  cart,  wheelbarrow, 

or  any  other  carriage  whatsoever;  or  kill  or  slaughter,  ^osiaughter- 
within  the  limits  of  any  of  the  markets,  any  beast ; or  lay 
thereon,  or  deposit,  any  dirt,  filth,  dung,  garbage  or  offal  no  dirt  in 
thereon,  under  the  penalty  of  two  dollars  for  each  and 
every  offence. 

City  Code,  (1879)  Art.  35,  Sec.  30.  City  Code,  (1893)  Art.  35,  Sec.  37. 

33.  If  any  person  shall  lead,  drive  or  place  any  cow  no  cows  in 
within  the  limits  of  any  of  the  markets  during  market 
hours,  every  person  so  offending  shall  forfeit  and  pay  the 

sum  of  two  dollars  for  every  such  offence. 

City  Code,  (1879)  Art.  35,  Sec.  31.  City  Code,  (1893)  Art.  35,  Sec.  38. 

34.  Any  person  who  shall  sell  or  offer  for  sale,  within  certain  sales 
the  limits  of  any  of  the  markets  aforesaid,  any  merchan- 


930 


Fresh  meat. 


Wines  or 
liquors. 


Goods  on  foot- 
way. 


Cows  or  other 
neat  cattle. 


markets — ORDINANCES.  [arT.  23. 

dise  or  clothing  of  any  description  whatever,  or  any 
other  article  except  eatables,  or  shall  during  market  hours, 
offer  for  sale  any  china,  glass  or  earthenwares,  within  the 
limits  of  any  of  said  markets,  on  on  the  sidewalk,  or  bed 
of  any  street  or  alley  within  one  square  of  the  limits 
of  said  market,  shall,  for  each  and  every  offence,  pay  a 
fine  of  not  less  than  five  dollars,  nor  more  than  ten  dollars  ; 
provided,  that  this  section  shall  not  affect  any  gardener  or 
farmer  bringing  any  articles  of  his  or  her  household 
manufacture  to  sell  on  his  or  her  stand,  stall  or  place. 


City  Code,  (1879)  Art.  35,  Sec.  37.  City  Code,  (1893)  Art.  35,  Sec.  44. 

35.  It  shall  not  be  lawful  for  any  person  to  sell  or  offer 
for  sale,  within  the  limits  of  any  of  the  markets  of  the 
city,  except  on  the  butchers^  stalls,  any  fresh  meat,  in 
pieces  less  than  a quarter,  under  a penalty  of  ten  dollars 
for  each  and  every  offence. 


City  Code,  (1879)  Art.  35,  Sec.  38.  City  Code,  (1893)  Art.  35,  Sec.  45. 

36.  No  person  or  persons  shall,  at  any  time,  sell  or 
expose  for  sale,  within  the  limits  of  any  of  the  markets, 
any  wine  or  spirituous  liquors  of  any  kind,  under  a penalty 
of  five  dollars  for  each  and  every  offence. 


City  Code,  (1879)  Art.  35,  Sec.  43.  City  Code,  (1893)  Art.  35,  Sec.  50. 

• 37.  It  shall  not  be  lawful  for  any  person  to  offer  at 
public  sale,  or  place  on  the  footway  or  brick  pavement, 
goods  of  any  description,  at  either  side  of  any  market  in 
the  city,  without  permission  first  had  and  obtained  from 
the  Mayor,  under  the  penalty  of  not  less  than  five  nor 
more  than  fifteen  dollars  for  each  and  every  offence. 


City  Code,  (1879)  Art.  35,  Sec.  39.  City  Code,  (1893)  Art.  35,  Sec.  46. 

38.  It  shall  not  be  lawful  for  any  person  to  expose  or 
offer  for  sale,  in  any  of  the  streets,  lanes  or  alleys  of  the  city 
any  cow  or  other  neat  cattle  ; any  person  offending  therein 
shall  forfeit  and  pay  a sum  not  exceeding  two  dollars  nor 
less  than  fifty  cents  for  each  and  every  offence. 


ART.  23.]  GAME  AND  FISH  DAWS — ORDINANCES. 


931 


City  Code,  (1849)  Art.  35,  Sec.  40.  City  Code,  (1893)  Art.  35,  Sec.  47. 

39.  The  owner  or  owners  of  any  cow  or  cows,  with  or  chapes  on 
without  calves,  or  any  other  neat  cattle,  shall  pay  to  such  and  calves.^ 
person  as  shall  be  appointed  .to  receive  the  same,  the  sum  of 
thirteen  cents  on  each  and  every  head  of  cattle  so  exposed 
or  offered  for  sale,  or  which  may  be  taken  to  the  lot  en- 
closed for  that  purpose ; provided,  that  no  charge  shall  be 
made  for  a calf  when  accompanied  with  a cow. 


City  Code,  (1879)  Art.  35,  Sec.  41.  City  Code,  (1893)  Art.  35,  Sec.  48. 

40.  It  shall  not  be  lawful  for  any  person  or  persons  to  siaughten^^^ 
slaughter  any  calf,  and  expose  said  slaughtered  calf  for  Sur’^ee^ks 
sale  at  any  of  the  markets,  or  elsewhere  within  the  limits 
of  the  city,  at  a less  age  than  four  weeks,  and  of  a less 
weight  than  fifty  pounds  net  weight,  under  a penalty  of 
twenty  dollars.** 


City  Code,  (1879)  Art.  35,  Sec.  42.  City  Code,  (1893)  Art.  35,  Sec.  49. 

41.  No  person  or  persons  shall  place  or  expose  for  sale.  Goods  and 
by  auction,  any  goods,  wares  or  merchandise,  or  furniture  “^^'c^andise. 
of  any  kind,  within  the  limits  of  the  several  markets  of 
the  city,  on  market  days  during  market  hours,  under  a 
penalty  not  exceeding  twenty  dollars  for  every  such 
offence. 


Game  and  Fish  Laws. 

Ord.  66,  May  19,  1898. 

42.  The  Maryland  State  Game  and  Fish  Pi*otective 
Association  is  authorized  to  place  and  maintain  in  the  several 
city  markets,  two  or  more  framed  cards  containing  the  "markets, 
game  and  fish  laws  in  force  in  the  city  of  Baltimore ; and 
the  clerks  of  the  several  markets  are  hereby  directed  to 
care  for  and  protect  said  framed  cards  when  placed  in  said 
markets  under  the  authority  of  this  section.  Any  person 
or  persons  tearing  down  or  defacing  in  any  way  these 
cards  shall  be  subject  to  a fine  of  one  dollar. 


‘Note.— Code,  Public  General  Laws,  Art.  27,  Sec.  220. 


932 


markets — ORDINANCES . 


[art.  23. 


Market  stalls 
to  be  re- 
numbered. 

STALLS,  STANDS  AND  BENCHES. 

Numbers  of  Stalls,  &c. 

Ord.  80,  May  28,  1898, 

43.  The  Comptroller  is  authorized  and  directed  to  have 
all  stalls  in  the  various  markets  in  the  city  of  Baltimore 
re-numbered  in  such  a manner  that  each  and  every  stall 
shall  have  a distinct  number  of  its  own. 

Ord.  80,  May  28,  1898. 

Numbers  to  be  44.  All  street  stalls  shall  have  their  numbers  cut  in  the 
curbing  with  division  line  between  them. 


Permanent 
wooden 
structures 
not  to  be 
erected. 

Use  and  Construction  oj  Stalls,  Stands,  Fixtures,  &c. 

City  Code,  (1879)  Art.  35,  Sec.  21.  City  Code,  (1893)  Art.  35,  Sec.  23. 

45.  It  shall  not  be  lawful  for  any  person  or  persons  to 
erect  or  cause  to  be  erected  any  permanent  wooden  frame 
or  structure  upon  the  outside  stalls  of  the  market  houses, 
or  to  use  the  same,  under  a penalty  of  five  dollars  for  each 
offence;  and  the  clerks  of  the  several  markets  are  hereby 
directed  to  give  notice  to  the  owners  of  such  frames  or 
structures  as  are  now  erected,  to  remove  the  same,  and  if 
said  notice  is  not  complied  with  within  ten  days  thereafter, 
the  said  owner  or  occupant  shall  pay  the  penalty  of  five 
dollars,  and  the  further  sum  of  five  dollars  for  each  day 
the  same  shall  be  permitted  to  remain  after  the  expiration 
of  said  notice;  provided,  that  this  section  shall  not  be  con- 
strued to  affect  any  regular  market  bench;  and  provided 
further,  that  nothing  contained  in  this  section  shall  apply 
to  any  frame  structure  now  erected  on  the  outside  stalls  of 
the  several  fish  markets,  and  used  by  venders  of  cheese 
and  confectionery. 

Ord.  101,  October  28,  1879.  City  Code,  (1893)  Art.  35,  Sec.  24. 

Butchers’  cios-  butcher  or  butchers  shall  have  under  his  or  their 

Ssld^above  I’espective  shambles  any  box  or  closet,  unless  the  same  be 
pavement,  ^aised  not  less  than  eight  inches  above  the  pavement,  under 


ART.  23.]  STALLS,  STANDS  AND  BENCHES — ORDINANCES. 


933 


a penalty  of  five  dollars  for  each  and  every  week  such  box 
or  closet  may  remain  under  said  shambles;  and  any  person 
or  persons  owning  or  renting  any  stall,  stand  or  bench 
under  the  sheds  of  said  markets,  shall  have  the  same  raised 
not  less  than  eight  inches  above  the  pavement,  under  a 
penalty  of  five  dollars  for  each  any  every  week  such  stalls, 
stand  or  bench  may  remain  without  complying  with  the 
provisions  of  this  section. 


City  Code,  (1879)  Art.  35,  Sec.  23.  City  Code,  (1893)  Art.  35,  Sec.  25. 

47.  The  division  line  between  the  butchers  and  the  Division  line 
occupiers  of  benches  behind  the  shambles,  shall  be  drawn  butchers  and 
six  inches  from  the  inner  edge  of  one  pillar,  to  six  inches  SScheT 
from  the  inner  edge  of  another;  and  no  butcher  shall  hang 
any  meat  or  other  thing,  or  place  any  fixture  on  the  outside 
of  said  line,  nor  shall  any  occupier  of  any  of  said  benches 
hang  any  meat  or  thing,  or  place  any  fixture  on  the  inside 
of  said  line;  and  every  person  offending  therein,  shall  for- Penalty, 
feit  and  pay  a sum  not  exceeding  five  dollars  for  each  and 
every  offence. 


City  Code,  (1879)  Art.  35,  Sec.  24.  City  Code,  (1893)  Art.  35,  Sec.  26. 

48.  All  blocks,  benches,  tubs  or  other  things  used  in  use  of  blocks, 
the  markets  for  the  accommodation  of  butchers,  whilst  reg^irtld^""” 
occupying  the  shambles,  shall  be  placed  and  kept  within 
the  limits  of  the  shambles  by  them  severally  occupied,  and 
in  such  manner  as  not  to  extend  into  the  market  house 
further  than  four  feet  beyond  the  inner  edge  of  their  • 
respective  shambles;  and  every  butcher,  to  prevent  nuis- 
ances, shall  collect,  secure  and  carry  away,  or  cause  to  be 
removed  from  the  limits  of  the  market,  all  heads,  feet, 
pluck  or  other  offal,  that  are  or  may  be  within  the  limits  of 
his  shamble  or  bench,  under  a penalty  of  five  dollars  for 
each  offence;  and  all  meat,  roots,  herbs  and  vegetable 
provisions  offered  for  sale  under  the  extended  sheds  of  said 
markets,  and  all  tubs,  baskets,  and  other  things  used  in 
said  market  for  the  accommodation  of  the  sellers,  shall  be 
placed  by  the  several  and  respective  owners  thereof,  so  as 


934 


markets — ORDINANCES . 


[art.  23. 


not  to  extend  beyond  the  edge  of  the  benches  on  the  one 
side,  nor  within  the  range  of  posts  on  the  other  side,  to  the 
interruption  of  the  purchasers  passing  and  repassing  under 
the  said  extended  sheds;  and  if  any  person  having  charge 
of  any  tub,  bench,  meat,  roots,  herbs,  or  vegetable  pro- 
visions, or  other  things,  as  aforesaid,  shall  cause  or  suffer 
the  same  to  be  placed  or  remain  otherwise  than  is  herein- 
before mentioned  and  directed,  every  person  so  offending 
shall  forfeit  and  pay  for  every  offence,  two  dollars;  nor 
shall  any  person  occupying  any  eave  bench,  under  the  like 

Penalty.  penalty  for  every  offence,  extend  or  enlarge  the  same  by 
any  permanent  or  temporary  fixture  beyond  the  curb  stone. 

Ord.  63,  May  9,  1887.  City  Code,  (1893)  Art.  35,  Sec.  27. 

Unlawful  to  49.  It  shall  be  unlawful  for  any  person  to  board  in,  or 

board  in  . i 1 1 i 

stalls.  otherwise  enclose,  any  market-stall  above  the  bench  or 
place  on  which  articles  are  kept  for  sale;  and  every  person 
violating  the  provisions  of  this  section  shall  be  subject  to  a 
penalty  of  five  dollars  for  every  day  such  enclosures  are 
allowed  to  remain  after  notice  has  been  given  by  the  clerk 
of  the  market  for  their  removal;  but  nothing  in  this  section 
shall  prevent  occupants  of  market-stalls  using,  during 
market  hours,  canvas  for  the  protection  of  their  stalls  from 
the  weather,  to  be  removed  at  the  close  of  market  hours 
on  each  market  day. 

Ord.  63,  May  9,  1887.  City  Code,  (1893)  Art.  35,  Sec.  28. 

^ mSt^benches  ^0.  All  meat  benches  and  boxes  placed  in  any  of  the 
and  boxes,  Qf  of  the  market  houses  shall  have  underneath 

them  a clear,  open  space  of  eight  (8)  inches  in  order  that 
the  market  houses  may  be  kept  properly  cleaned;  and  any 
person  violating  the  provisions  of  this  section  shall  be  sub- 
ject to  a fine  of  five  dollars  for  every  day  such  bench  or 
box  shall  remain  in  the  stall  of  such  person. 

Ord.  63,  May  9,  1887.  City  Code,  (1893)  Art.  35,  Sec.  29. 

Cooking  pro-  51.  It  shall  be  unlawful  for  any  person  to  cook  any  food 
within  any  of  said  markets,  or  on  any  stall  of  any  of  said 


ART.  23.1  STALLS,  STANDS  AND  BENCHES — ORDINANCES. 


935 


markets;  and  every  person  off  ending  against  the  provisions 
of  this  section  shall  be  subject  to  a fine  of  five  dollars  for 
every  such  offence. 


City  Code,  (1879)  Art.  35,  Sec.  25.  City  Code,  (1893)  Art.  35,  Sec.  30. 

52.  Permission  is  hereby  given  to  dealers  in  fruits  and 
vegetables  occupying  stands  in  the  different  markets  of 
the  city  to  continue  in  use  their  stands  during  the  day, 
(Sundays  excepted)  during  the  fruit  season. 


Ord.  90,  May  20,  1891.  City  Code,  (1893)  Art,  35,  Sec.  31. 

53.  It  shall  not  hereafter  be  lawful  for  the  owners  of 
stalls  in  the  market  houses,  or  any  other  person  or  persons,  staiir^ 
to  paint  any  iron  or  woodwork  forming  part  of  the  con- 
struction of  the  market  houses,  or  any  stall  within  the  said 
market  houses,  without  first  obtaining  a permit  from  the 
Inspector  of  Buildings,  the  said  permit  to  be  free  of  cost, 
and  they  are  hereby  authorized  to  designate  in  said  permit 
the  color  or  colors  the  said  work  or  stalls  shall  be  painted. 


Ord.  90,  May  20,  1891.  City  Code,  (1893)  Art.  35,  Sec.  32. 

54.  Any  person  or  persons  so  painting  said  stall  or  Penalty, 
market  house  without  first  obtaining  the  permit  provided 
for  in  the  next  preceding  section  shall  be  subject  to  a fine 
of  five  dollars  ($5). 


Ord.  65,  May  4,  1894. 

55.  It  shall  be  unlawful  for  any  person  or  persons,  ors^i„gingsjgns 
body  corporate,  to  erect  any  swinging  signs  or  projecting  Jrectedin 
signs  in  any  of  the  markets  of  the  city  of  Baltimore,  under  markets, 
a penalty  of  five  dollars  for  each  offence  against  the  pro- 
visions of  this  section,  and  a further  penalty  of  five  dollars 
for  each  and  every  day  said  swinging  or  projecting  signs 
remain  after  notice  from  the  Assistant  Market  Master  to  Penalty, 
remove  the  same. 


936  MARKETS — ORDINANCES.  [arT.  23. 

WAGONS.  &C. 

City  Code,  (1879)  Art.  35,  Sec.  45.  City  Code,  (1893)  Art.  35,  Sec.  52. 

56.  All  wagoHs,  carts,  and  other  carriages  attending 
the  market  on  market  days,  shall  be  placed  within  the 
limits  of  the  market  during  market  hours,  and  shall  be 
arranged  in  such  manner  as  the  clerk  of  the  market  shall 
direct ; provided,  that  in  case  all  such  wagons,  carts  and 
other  carriages  cannot  be  so  arranged  in  one  row,  the  resi- 
due may  be  placed  in  such  parts  of  the  adjoining  streets, 
and  in  such  manner  as  the  clerk  of  the  market  shall  deem 
right  and  proper ; and  any  person  offending  herein  shall 
forfeit  and  pay  one  dollar  for  each  and  every  offence. 

City  Code,  (1879)  Art.  35,  Sec.  46.  City  Code,  (1893)  Art.  35,  Sec.  53. 

Horses  and  57.  more  than  two  horses  or  other  beasts  of  draught 
shall  remain  fixed  to  any  wagon  or  sled,  nor  more  than 
one  horse  or  beast  of  draught  to  any  cart  or  other  carriage; 
and  no  wagon,  cart  or  other  carriage,  loaded  with  wood, 
stone,  brick,  hay,  dirt,  lime  or  lumber,  or  merchandise  of 
any  kind,  no  empty  wagon,  cart  or  other  carriage,  and  no 
hackney  carriage  shall  be  drawn  or  placed  in  the  limits  of 
either  of  the  markets  during  market  hours  on  market 
days ; and  no  horse  or  other  beast  of  draught,  not  fixed  to 
a wagon  or  other  carriage,  and  no  unloaded  horse  shall  be 
permitted  to  enter  or  remain  within  the  said  limits  during 
the  hours  and  days  aforesaid,  except  those  living  within 
the  said  limits  going  to  or  from  their  premises  ; but  this 
shall  not  apply  to  any  farmer  who,  having  disposed  of  his 

Proviso.  produce,  may  wish  to  leave  the  market ; and  any-  person 
offending  herein  shall  forfeit  and  pay  one  dollar  for  each 
and  every  offence  ; and  any  person  or  persons  obstructing 
the  streets  within  the  limits  of  the  several  markets,  at  any 
time  not  designated  by  law  as  the  market  hours  of  such 
market,  shall  forfeit  and  pay  a fine  of  five  dollars. 


City  Code,  (1879)  Art.  35,  Sec.  47.  City  Code,  (1893)  Art.  35,  Sec.  54. 

58.  It  shall  not  be  lawful  for  any  person  or  persons  to 
place  on  the  streets  of  the  market  houses  of  this  city,  any 


ART.  23.] 


WAGONS,  ETC.— ORDINANCES. 


937 


wagon,  cart,  or  other  carriage,  or  any  barrel  or  barrels,  vlhides^’ 
box  or  boxes,  or  other  articles,  upon  any  day  (Saturday 
excepted)  after  four  o’clock  in  the  afternoon,  between  the 
first  day  of  October  and  the  first  day  of  April,  and  after 
six  o’clock  in  the  afternoon  between  the  first  day  of  April 
and  the  first  day  of  October,  of  the  day  previous  to  the 
regular  market  days,  the  same  to  be  removed  before  three 
o’clock  in  the  afternoon  of  such  market  day,  under  a pen- 
alty of  ten  dollars  for  each  and  every  offence ; provided, 
that  nothing  in  this  section  shall  be  so  construed  or  applied 
to  bacon  sellers,  as  to  prevent  them  from  driving  directly 
from  one  market  to  another,  and  occupying  their  respective 
stands  in  such  market ; and  that  nothing  herein  contained 
shall  be  so  construed  as  to  allow  the  bacon  carts  or  others 
to  occupy  their  stands,  or  to  remain  on  any  of  the  streets, 
lanes  or  alleys,  or  to  pass  through  any  of  the  streets,  lanes 
or  alleys  of  the  city  on  the  Sabbath  day,  under  a penalty  Penalty, 
of  five  dollars  for  each  offence. 


Cit\’  Code,  (1879)  Art.  35,  Sec.  48.  City  Code,  (1893)  Art.  35,  Sec.  55. 

59.  No  person  shall  place  any  horse  or  beast  of  burden  where  horses 
within  five  feet  of  any  wagon,  cart,  or  other  vehicle,  or  placed, 
within  two  feet  of  any  of  the  flag-stones  within  the  limits 
of  any  of  the  markets,  after  five  o’clock  in  the  afternoon 
of  the  day  preceding  market  days,  or  during  market  hours, 
under  a penalty  of  two  dollars  for  each  offence. 


City  Code,  (1879)  Art.  35,  Sec.  49.  City  Code,  (1893)  Art.  35,  Sec.  56. 

60.  If  any  butcher  or  person  employed  in  vending  meat  Penalty, 
or  vegetable  provisions  shall  bring,  or  cause  to  be  brought, 
on  market  days,  within  the  limits  of  said  markets,  any 
cart  or  other  carriage  within  market  hours,  every  person 
so  offending  shall  forfeit  and  pay  a fine  not  exceeding  two 
dollars. 


City  Code,  (1879)  Art.  35,  Sec.  50.  City  Code,  (1893)  Art.  35,  Sec.  57. 

61.  The  avenues  or  footways  for  the  passing  of  all  per-  Footways  to  be 
sons  from  the  shed  parts  of  the  market-houses  to  the 


938 


markets— ORDINANCES. 


[art.  23. 


lyimits 


Clerk  to  pre- 
vent posting 
of  bills  and 
defacing  of 
market  prop- 
erty. 


Penalty  for  in- 
juring or 
defacing 
market  prop- 
erty. 


places  assigned  for  the  stations  of  the  wagons  shall  be 
kept  open,  so  that  the  same  may  be  severally  opposite  to 
the  several  avenues  of  the  brick  buildings  ; the  said  ave- 
nues, and  all  other  avenues  or  footways  of  said  market- 
houses,  shall  be  kept  free  and  clear  of  and  from  all 
obstructions  whatsoever,  under  a penalty  of  one  dollar  for 
each  and  every  offence. 


PART  II. 

PROVISIONS  RELATING  TO  PARTICULAR 
MARKETS. 

BELAIR  MARKET.* 

Ord.  72,  May  12,  1882.  City  Code,  (1893)  Art.  35,  Sec.  65. 

62.  The  limits  of  the  Belair  market  shall  include  the 
market  house,  and  the  space  on  each  side  thereof,  and 
Forrest  street  from  the  market  space  eastwardly  to 
Douglas  street,  and  from  the  market  space  westwardly  to 
Hillen  street,  and  the  width  of.  Hillen  street  north- 
wardly to  Monument  street ; the  limits  of  the  said  market 
to  be  subject  to  the  provisions  regarding  footways,  pre- 
scribed by  section  75  of  this  Article.  And  it  shall  be  the 
duty  of  the  clerk  of  the  Belair  market  to  have  removed 
immediately  all  bills  now  posted  on  any  portion  of  said 
market  house,  and  to  prevent  bill  posting,  defacing,  muti- 
lating or  injuring  any  portion  of  said  market  house  in  any 
manner  whatever ; and  any  person  or  persons  wilfully 
posting  bills,  defacing,  mutilating  or  injuring  any  portion 
of  said  market  house,  shall  be  subject  to  a fine  of  ten  dol- 
lars ($10)  for  each  and  every  offence. 


*NoTE. — See,  note  in  reference  to  Belair  market,  City  Code,  (1879), 
pages  648  and  649. 


ART.  23.]  BROADWAY  MARKET — ORDINANCES. 


939 


City  Code,  (1879)  Art.  35,  Sec.  61.  City  Code,  (1893)  Art.  35,  Sec.  67. 

63.  In  the  Belair  market  houses,  the  butchers’  stalls  ^and°ben?hls 
shall  be  at  a rent  of  twenty  dollars ; the  permanent 
benches,  three  dollars  ; and  the  eave  benches,  two  dollars; 
in  the  fish  market  houses,  the  two  middle  rows  of  benches 
shall  be  at  a rent  of  four  dollars,  and  the  two  outer  rows 
at  a rent  of  two  dollars. 


Res.  132,  May  4,  1880.  City  Code,  (1893)  Art.  35,  Sec.  68. 

64.  The  City  Engineer  (acting  with  the  clerk  of  the 
Belair  market)  is  authorized  and  directed  to  establish  a 
permanent  line,  by  placing  oblong  stones  or  such  other 
marks  as  he  may  deem  necessary,  in  the  houses  of  the 
Belair  market  and  on  the  streets  within  the  limits  of  the 
market,  for  the  purpose  of  defining  a line  to  restrict 
venders  of  market  produce  from  extending  their  stands 
and  obstructing  the  gangways  and  streets. 


BROADWAY  MARKET.* 

Res.  3,  November  18,  1880.  City  Code,  (1893)  Art.  35,  Sec.  70A. 

65.  The  clerk  of  Broadway  market  shall  prohibit  and  Enclosed  and 

prevent  the  erection  of  enclosed  stands,  and  stands  for  stands  in, 
cooking  or  serving  meals  in  said  Broadway  market.  prohibited. 

City  Code,  (1879)  Art.  35,.  Sec.  64.  City  Code,  (1893)  Art.  35,  Sec.  71. 

66.  For  any  interference  with  the  clerk  or  cleaner  of  penalty  for  in- 

Broadway  market  in  the  execution  of  their  respective  with  clerk 
duties,  the  penalty  shall  be  the  same  as  is  prescribed  in  this  of  Broadway 
Article  for  the  regulation  of  markets.  market. 

Ord.  43,  April  18,  1882.  City  Code,  (1893)  Art.  35,  Sec.  72. 

67.  It  shall  be  the  duty  of  the  clerk  of  the  Broadway 

market,  to  have  removed  immediately  all  bills  now  posted  ° 

on  the  walls  of  Broadway  Institute,  and  to  prevent  bill 


*NoTE. — See,  note  relating  to  this  market.  City  Code,  (1879),  pages 
650-652. 


940 


markets — ORDINANCES. 


[art,  23. 


How  wagons 
shall  stand. 


Rent  of  stalls. 


Sale  of  stalls. 


Stall  rents  in 
Canton  mar- 
ket. 


posting,  defacing,  mutilating  or  injuring  the  walls,  or  any 
portion  of  the  hall  erected  over  the  Broadway  market,  in 
any  manner  whatever  ; and  any  person  or  persons  wilfully 
posting  bills,  defacing,  mutilating  or  injuring  the  walls,  or 
any  portion  of  said  hall,  shall  be  subject  to  a fine  of  ten 
dollars  ($10)  for  each  and  every  offence. 


City  Code,  (1879)  Art.  35,  Sec.  66.  City  Code,  (1883)  Art.  35,  Sec.  73. 

68.  All  wagons  and  other  vehicles  which  may  occupy 
stands  on  the  bed  of  the  street,  on  each  side  of  the  Broad- 
way market,  from  Canton  avenue  to  Lancaster  street, 
shall  be  reversed  in  such  a’  manner  as  to  expose  their 
products  for  sale  on  the  side  of  the  street  nearest  the 
sidewalk,  and  the  clerk  of  the  market  shall  enforce  the 
provisions  of  this  section. 


Ord.  50,  May  5,  1883.  City  Code,  (1893)  Art.  35,  Sec.  74. 

69.  The  annual  rentals  for  the  space  stalls  of  the 
Broadway  market  house,  shall  be  seven  dollars  per  year, 
exclusive  of  the  annual  license  to  be  paid  to  the  city  as 
required  by  ordinance. 

CANTON  MARKET. 

Ord.  2,  November  14,  1885.  City  Code,  (1893)  Art.  35,  Sec.  75. 

70.  The  Comptroller  shall  sell  at  public  auction  to  the 
highest  bidders,  for  cash,  all  the  butcher,  permanent  and 
eave  stalls  in  the  Canton  market  house,  but  the  Comptroller 
may,  in  his  discretion,  withdraw  any  stall  or  stalls  should 
the  bid  therefor  be  less  than  he  may  deem  the  value  of  the 
same  to  be. 


Ord.  2,  November  14,  1885.  City  Code,  (1893)  Art.  35,  Sec.  76. 

71.  The  rent  per  annum  of  the  stalls  enumerated  in  the 
next  preceding  section  of  this  Article  shall  be  as  follows  : 
butcher  stalls,  ten  dollars  ($10);  permanent  stalls,  four 
dollars  ($4) ; eave  stalls,  ($2) ; exclusive  of  the  license  of 
five  dollars  ($5)  provided  to  be  paid  by  section  17  of  this 


ART.  23.] 


CENTRE  market— ORDINANCES. 


941 


Article,  said  rent  and  license  to  commence  on  May  1,  in 
each  year,  and  be  payable  in  advance,  except  the  butcher 
stalls,  of  which  the  license  fee  of  five  dollars  ($5)  shall  be 
payable  yearly  in  advance,  and  the  rental  of  ten  dollars 
($10)  payable  quarterly  in  advance. 


Ord.  2,  November  14,  1885.  City  Code,  (1893)  Art.  35,  Sec.  77, 

72.  The  limits  of  the  Canton  market  shall  comprise  thebimus  of  mar- 
whole  of  the  lot  belonging  to  the  city,  and  bounded  on  the 
north  and  south  by  O’Donnell  street,  on  the  east  by 
Potomac  street,  and  on  the  west  by  Patuxent  street ; also 
the  whole  width  of  O’Donnell  street  from  Potomac  street 
to  Patuxent  street  and  the  whole  width  of  Potomac 
and  Patuxent  streets  where  they  bind  on  said  market  house; 
and  the  days  for  holding  said  market  shall  be  on  Monday 
and  Thursday  of  each  week  and  Saturday  evening. 


CENTRE  MARKET. 

Ord.  157,  November  29,  1904. 

73.  When  the  market  houses  and  buildings  of  Centre  ^ew  centre 
market,  for  which  provision  is  made  in  ordinance  157,  Sme^pi?t^5 
approved  November  29,  1904,  shall  have  been  erected  and  “m  of  cffy.’ 
furnished,  they  shall  become  parts  of  the  public  market 

house  system  of  the  Mayor  and  City  Council  of  Baltimore. 

City  Code,  (1879)  Art.  35.  Sec.  69.  City  Code,  (1893)  Art.  35,  Sec.  80. 

Ord.  129,  August  3,  1896.  Ord.  66,  April  5,  1904.  Ord.  157, 

November  29,  1904. 

74.  The  limits  of  the  Centre  market  shall  be  as  follows:  of  cen- 

Said  market  shall  embrace  all  that  tract  of  ground  bounded  “a^ket. 
by  Baltimore  street.  West  Falls  avenue  (as  now  in  process 

of  extension) , Lombard  street  and  the  west  side  of  Centre 
market  space,  as  the  said  space  of  ground  shall  exist  after 
the  parts  thereof  not  already  acquired  by  the  city  shall 
have  been  acquired  by  the  Burnt  District  Commission,  on 
behalf  of  the  city  for  public  market  purposes,  pursuant  to 
the  provisions  of  Acts  1904,  chapter  87,  of  the  General 
Assembly  of  Maryland,  and  Ord.  66,  approved  April  5,  1904. 


942  markets — ORDINANCES.  [aRT.  23. 

CROSS  STREET  MARKET. 

City  Code,  (1879)  Art.  35,  Secs.  69,  89.  City  Code,  (1893)  Art.  35,  Secs. 
80,  109. 

Eittutso^cross  75.  The  Hmits  of  Cross  street  market  shall  include  the 
ket.  whole  of  the  lot  belonging  to  the  city  on  which  it  stands  and 
so  much  of  the  adjacent  streets  as  may  be  in  front  of  the 
said  lot ; provided,  however,  that  nothing  herein  contained 
shall  be  construed  to  interfere  with  the  rights  and  privi- 
leges of  the  occupier  or  occupiers  of  any  of  the  houses  on 
the  streets,  lot  or  space  above  mentioned,  or  with  the  free 
passage  of  the  footways  ; and  provided,  also,  that  nothing 
in  this  Article  contained  shall  be  construed  to  authorize 
the  placing  of  stalls,  stands  or  benches  on  any  footway.  * 

City  Code,  (1879)  Art.  35,  Sec.  90.  City  Code,  (1893)  Art.  35,  Sec.  110. 

^ charge  76.  It  shall  be  the  duty  of  the  clerk  of  Cross  street 

hall.  market,  in  addition  to  the  duties  hereinbefore  prescribed 
for  clerks  of  markets  generally,  to  take  full  charge  of  the 
hall  over  the  market,  to  keep  the  hall  in  a cleanly  condi- 
tion, and  to  light  it  up  when  necessary. 

City  Code,  (1879)  Art.  35,  Sec.  92.  City  Code,  (1893)  Art.  35,  Sec.  112. 

Rent  of  butch-  77.  jn  the  Cross  street  market,  the  butchers’  stalls 

ers’  stalls.  ' 

shall  be  at  a rent  of  five  dollars. 


FELL'S  POINT  MARKET. 

City  Code,  (1879)  Art.  35,  Sec.  93.  City  Code,  (1893)  Art.  35,  Sec.  113. 

Eimits.  78.  The  limits  of  the  Fell’s  Point  market  shall  be  as 

follows : Beginning  for  the  same  at  the  intersection  of 
Thames  street  and  Broadway,  and  running  northwardly  on 
a line  with  the  houses  on  the  east  and  west  sides  of  the 
market  to  Canton  avenue,  subject  to  the  provisions  regard- 
ing footways,  in  section  75  of  this  Article. 


‘Note: — See,  City  Code,  (1879)  page  657. 


ART.  23.]  fell’s  point  MARKET — ORDINANCES. 


943 


Cit}^  Code,  (1879)  Art.  35,  Sec.  94.  City  Code,  (1893)  Art.  35,  Sec.  114. 

79.  The  clerk  of  Fell’s  Point  market  is  directed  and  °7taii7mly 
empowered  to  allow  the  owners,  proprietors  or  occupiers  eice^t^sin- 
of  the  several  stalls  or  stands  occupying  the  space  between 
the  two  market  houses,  and  formed  by  the  intersection  of 
Lancaster  street  with  Broadway,  at  the  Fell’s  Point 
market,  to  occupy,  use  and  sell  from  the  same,  on  every 
day  of  the  week,  except  Sunday. 


City  Code,  (1879)  Art.  35,  Sec.  95.  City  Code,  (1893)  Art.  35,  Sec.  115. 

80.  The  better  to  promote  the  convenience  of  the  cierk  to  ar- 
community,  the  clerk  of  said  market  is  further  authorized  ® 
and  empowered  to  establish  such  regulations  for  the 
proper  arrangement  of  the  stalls  or  stands  occupying  said 
markets,  as  may  in  his  judgment  seem  best. 


City  Code,  (1879)  Art.  35,  Sec.  97.  City  Code,  (1893)  Art.  35,  Sec.  117. 

81.  In  the  Fell’s  Point  market  houses,  the  butchers’ Rent  of  staii.s 
stalls  shall  be  at  a rent  of  twenty  dollars  ; the  permanent 
single  benches,  three  dollars ; and  the  single  eave  benches, 
two  dollars  ; the  double  benches  shall  be  at  a rent  of  six 
dollars  for  permanent  benches,  and  four  dollars  for  eave 
benches  ; in  the  fish  market  house,  the  stalls  shall  be  at  a 
rent  of  four  dollars. 


Ord.  22,  March  15,  1882.  City  Code,  (1893)  Art.  35,  Sec.  118. 

82.  It  shall  not  be  lawful  for  any  person  or  persons  tOgaieof  fish, 
sell  any  fresh  fish  in  the  Fell’s  Point  market,  except  on 
the  eave  stalls  or  permanent  benches  in  what  is  known  as 
the  fish  market,  in  the  lower  part  of  the  southern  market 
house,  under  a penalty  of  two  dollars  for  each  offence. 


Ord.  95,  May  24,  1884.  City  Code,  (1893)  Art.  35,  Sec.  119. 

83.  All  that  part  of  the  Fell’s  Point  market,  lying  com. try  pro- 
between  Lancaster  and  Thames  streets,  is  declared  to  be  ‘ 

a wholesale  market  for  country  produce,  brought  into  the 
city  in  wagons  and  carts  ; provided,  however,  that  nothing 


944 


markets — ORDINANCES. 


[art.  23. 


herein  shall  be  so  construed  as  to  prevent  persons  now 
owning  or  renting  stalls  in  said  market  from  carrying  on 
a retail  business. 


Ord.  95,  May  24,  1884.  City  Code,  (1893)  Art.  35,  Sec.  120. 

Vehicles  to  Said  market  shall  be  subject  to  all  the  rules  and 

have  free  ac-  regulations  providod  by  law  for  the  government  of 
markets  within  the  city  of  Baltimore,  excepting  that  all 
vehicles,  as  provided  in  section  83,  containing  country 
produce  to  be  offered  for  sale  in  said  market,  shall  have 
free  access  at  all  hours  to  and  from  said  market,  and 
through  the  streets  on  both  sides  thereof,  between  Lan- 
caster and  Thames  streets  as  aforesaid  ; provided,  that  no 
person  shall  be  permitted  to  use  said  market  for  the  sale 
of  country  produce  as  aforesaid,  without  first  obtaining  a 
license  therefor  from  the  clerk  of  said  market. 


Ord.  95,  May  24,  1884.  City  Code,  (1893)  Art.  35,  Sec.  121. 

85.  It  shall  not  be  lawful  for  any  person  or  persons  to 
^shan'^be  sSd.  than  a wagon  or  cart  load  of  produce,  if  said  load 

consists  of  one  kind  of  produce,  and  if  said  load  consists  of 
a variety  of  produce,  each  variety  shall  be  sold  in  bulk. 
Any  person  or  persons  violating  the  provisions  of  this 
section  shall  be  subject  to  a fine  of  five  dollars  for  each 
and  every  offence.** 


HANOVER  MARKET. 

Ord.  114,  June  3,  1890.  City  Code,  (1893)  Art.  35,  Sec.  122. 

Ord.  129,  August  3,  1896. 

86.  The  Hanover  market  shall  include  the  market 
house,  with  the  grounds  in  the  centre  thereof,  the  alleys 
^ maJSt’ northward  and  westward  thereof,  and  also  the 
whole  width  of  Hanover  street  from  Conway  street  to 
Lombard  street,  and  also  the  whole  width  of  Camden 
street  from  Charles  street  to  the  west  side  of  Sharp  street, 
and  also  the  whole  width  of  Sharp  street  from  Conway 
street  to  Pratt  street,  and  the  whole  width  of  Dover  street 


♦♦Note. — Ord.  117,  June  23,  1904,  was  omitted  from  the  Code  as  be- 
ing in  conflict  with  sections  707  and  708  of  the  City  Charter. 


ART.  23.] 


HOLLINS  MARKET — ORDINANCES. 


945 


from  Hanover  street  to  Sharp  street;  subject  to  the 
provisions  regarding  footways  prescribed  in  section  75  of 
this  Article. 

Lucas,  et  al.  v.  Lottery  Comm’rs,  11  G.  & J.  515.  See^  Acts  1838,  ch. 
323;  1839,  ch.  52. 


City  Code,  (1879)  Art.  35,  Sec.  100.  City  Code,  (1893)  Art.  35,  Sec.  124. 

87.  In  the  Hanover  market  house,  the  butchers’  stalls  Rent  of  stalls 

. and  benches 

shall  be  at  a rent  of  eighteen  dollars ; the  permanent 
benches,  three  dollars  ; and  the  eave  benches,  two  dollars; 
in  the  fish  market,  the  stalls  shall  be  at  a rent  of  four 
dollars. 

City  Code,  (1879)  Art.  35,  Sec.  101.  City  Code,  (1893)  Art.  35,  Sec.  125. 

88.  The  limits  within  which  hucksters  or  persons 

in  the  city  and  dealing  in  the  articles  of  butter,  eggs  or 
poultry,  or  either  or  any  of  them,  may  dispose  of  or  offer 
the  same  for  sale,  to  be  designated  by  the  Mayor,  shall  be 
at  the  Hanover  market,  out  of  Hanover  street  and  that 
part  of  the  market  house  fronting  thereon. 


Res.  95,  April  21,  1890.  Ord.  24,  April  10,  1891.  City  Code,  (1893) 

Art.  35,  Sec.  126. 

89.  Nothing  contained  in  section  57  of  this  Article  vehicles  along 
shall  be  so  construed  as  to  prevent  any  person  or  persons  street  from 
from  riding  or  driving  any  horse  or  horses,  vehicle  or  ^tr^^o^ 
vehicles,  along  the  eastern  half  of  Hanover  street,  from  sveet.^"^ 
Conway  street  to  Lombard  street,  during  market  hours, 
and  said  eastern  half  of  Hanover  street  and  Sharp  street 
within  the  limits  of  Hanover  market  shall  be  kept  open  for 
said  purpose. 


HOLLINS  MARKET. 

City  Code,  (1879)  Art.  35,  Sec.  102.  Ord.  75,  May  4,  1892.  City  Code, 

(1893)  Art.  35,  Sec.  127. 

90.  The  limits  of  the  Hollins  market  shall  include  the  i^imits. 
whole  of  the  lot  belonging  to  the  city  on  which  it  stands, 
and  so  much  of  the  adjacent  streets  as  may  be  in  front  of 


946  markets — ORDINANCES.  [art.  23. 

the  said  lot,  together  with  the  eastern  half  of  Carrollton 
avenue,  between  Hollins  street  and  the  first  alley,  (about 
ten  feet  wide)  north  of  Hollins  street,  and  running  parallel 
therewith,  easterly  from  Carrollton  avenue,  and  also  the 
bed  of  Hollins  street,  between  Arlington  ‘ avenue  and 
Poppleton  street,  subject  to  the  provisions  regarding  foot- 
ways, prescribed  in  section  75  and  subject  also  to  the  right 
of  passage  for  vehicles  along  Schroeder  street  during 
market  hours. 

Res.  64,  April  2,  1886.  City  Code,  (1893)  Art.  35,  Sec.  128. 

Driving  91.  It  shall  not  be  lawful  for  any  person  or  persons  to 

ve  1C  es.  any  wagon,  cart  or  vehicle  of  any  description  on 

Hollins  street  between  Arlington  avenue  and  Poppleton 
street,  and  on  Arlington  avenue  between  Baltimore  and 
Lombard  streets,  during  the  market  hours  in  Hollins 
market,  under  the  penalty  of  five  dollars  ($5)  for  each 
and  every  offence. 

City  Code;  (1879)  Art.  35,  Sec.  104.  City  Code,  (1893)  Art.  35,  Sec.  130. 

Rent  of  butch-  92.  In  the  Hollins  market,  the  butchers’  stalls  shall  be 

ers  stalls.  ' 

at  a rent  of  eight  dollars. 

LAFAYETTE  MARKET. 

Ord.  86,  May  16,  1890.  City  Code,  (1893)  Art.  35,  Sec.  131. 

Limits.  93.  The  limits  of  the  Lafayette  market  shall  be  as  fol- 

lows : Beginning  for  the  same  at  the  corner  of  Arlington 
avenue  and  north  Fremont  avenue,  and  extending  the  full 
width  of  north  Fremont  avenue,  north  to  Presstman  street, 
and  on  Patterson  avenue  from  north  Fremont  avenue,  in- 
cluding the  full  width  of  Patterson  avenue,  to  Pennsylvania 
avenue,  and  all  of  Sewell  street  and  that  part  of  Argyle 
avenue  between  the  south  side  of  the  market  to  the  bridge 
over  the  Union  Railroad,  according  to  the  provisions  of 
section  75  of  this  Article,  and  the  provisions  relating  to 
the  use  of  stalls  as  set  forth  in  section  97  of  this  Article. 


Note. — See,  note  City  Code,  (1879)  page  660. 


ART.  23.]  LEXINGTON  MARKET — ORDINANCES. 


947 


City  Code,  (1879)  Art.  35,  Sec.  106.  City  Code,  (1893)  Art.  35,  Sec.  133. 

94.  The  clerk  of  said  market  shall  have  full  power  and  His  duties, 
authority  to  take  possession,  care  and  charge  of  the 
market,  and  shall  attend,  during  his  term  of  office,  unless 
prevented  by  sickness  or  other  unavoidable  accident  or 
necessity,  the  market  to  which  he  is  appointed  during  the 
market  hours  prescribed  in  section  113  of  this  Article,  and 
at  such  other  hours  as  may  be  necessary,  in  order  to  en- 
force obedience  to  all  and  every  rule  directed  to  be  observed 
concerning  markets. 


City  Code,  (1879)  Art.  35,  Sec.  107.  City  Code,  (1893)  Art.  35,  Sec.  134. 

95.  All  the  ordinances  and  regulations  passed  with  An^ordinances 
reference  to  the  several  markets  of  the  city  shall  apply  to 

the  Lafayette  market.* 

Res.  15,  February  17,  1890.  City  Code,  (1893)  Art.  35,  Sec.  135. 

96.  Permission  is  hereby  granted  to  the  stall  owners  in  Temporary 
Lafayette  market  to  erect  uniform  temporary  movable 

side  shelters  to  their  stalls  in  said  market,  for  use  during 
market  and  other  permissible  business  hours  therein;  this 
permission  is  granted  for  the  months  of  December,  Jan- 
uary, February  and  March  of  each  year  only,  and  said 
shelters  are  to  be  erected  under  the  plans  and  supervision 
of  the  Inspector  of  Buildings,  or  the  Assistant  Market 
Master  of  said  market,  and  at  the  expense  of  the  owner 
of  the  stall. 


LEXINGTON  MARKET. 

Ord.  169,  November  4,  1889.  City  Code,  (1893)  Art.  35,  Sec.  136. 

97.  The  limits  of  the  Lexington  market  shall  be  as  Limits, 
follows:  Beginning  with  the  flagstone  on  the  east  side  of 
Eutaw  street,  and  running  westerly  to  Pine  street,  includ- 
ing the  whole  width  of  Lexington  market  space,  and  all 
streets  crossing  or  intersecting  said  space,  south  to  Fayette 


*Note.— 5^^  note.  City  Code,  (1879)  page  661. 


948 


MARKKTS— ORDINANCES. 


[art.  23. 


Proviso. 


Penalty. 


Rent  of  stalls 
and  benches 


Rent  of  stalls. 


street  and  north  to  Saratoga  street,  subject  to  the  pro- 
visions regarding  footways,  prescribed  by  section  75; 
provided,  however,  that  nothing  herein  contained  shall 
give  the  right  to  any  person  or  persons  to  place  any  wagon, 
cart  or  carriage  upon  Pearl  and  Pine  streets,  on  market 
days,  except  the  same  shall  be  placed  on  a line  in  the 
centre  of  said  street;  and  if  any  person  or  persons  shall 
violate  the  provisions  of  this  section  by  placing  any  wagon, 
cart  or  other  carriage,  (so  as  to  prevent  the  access  of  any 
other  wagon,  cart  or  carriage, ) to  the  curbstone  opposite 
any  building,  without  the  consent  of  the  owner  or  occupier 
of  such  building,  such  person  or  persons  so  offending,  shall 
forfeit  and  pay  a fine  of  five  dollars  ($5) ; provided  that 
nothing  herein  contained  shall  be  construed  to  prevent  the 
florists  heretofore  occupying  their  stalls  on  the  north  side 
of  Lexington  street,  and  extending  a distance  of  thirty 
feet  east  of  the  east  line  of  the  flagstone  above  mentioned, 
from  occupying  their  stalls  as  now  leased  to  them  by  the 
Mayor  and  City  Council  of  Baltimore.  * 


City  Code,  (1879)  Art.  35,  Sec.  111.  Ord.  96,  October  28,  1879. 

City  Code,  (1893)  Art.  35,  Sec.  139. 

98.  In  the  Lexington  market  house,  the  butchers'  stalls 
■ shall  be  at  a rent  of  twenty  dollars;  the  permanent  benches, 
four  dollars;  and  the  eave  benches,  two  dollars;  in  the  fish 
market,  the  two  middle  rows  of  stalls  shall  be  at  a rent  of 
four  dollars;  and  the  two  outer  rows  at  two  dollars. 


Ord.  50,  May  5,  1883.  City  Code,  (1893)  Art.  35,  Sec.  140. 

99.  The  annual  rentals  for  the  “space"  stalls  of  the 
Lexington  market  house,  shall  be  seven  dollars  per  year, 
exclusive  of  the  annual  license  to  be  paid  to  the  city  as 
required  by  ordinance. 


*Note. — See^  City  Code,  (1879)  page  662. 


ART.  23.]  NORTHEAST  MARKET — ORDINANCES. 


949 


NORTHEAST  MARKET. 

Orel.  7,  March  6,  1885.  City  Code,  (1893)  Art.  35,  Sec.  153. 

100.  The  Comptroller  shall  sell  in  perpetuity  all  the  saie  of  stalls, 
butcher,  permanent  and  eave  stalls  in  the  Northeast  mar- 
ket house. 


Ord.  7,  March  6,  1885.  City  Code,  (1893)  Art.  35,  Sec.  154. 

101.  The  rent  per  annum  of  the  stalls  in  Northeast  Rent  of  stalls, 
market  shall  be  as  follows : Butcher  stalls,  ten  dollars  ($10) ; 
permanent  stalls,  four  dollars  ($4) ; eave  stalls,  two  dollars 
($2) ; exclusive  of  the  license  of  five  dollars  ($5)  provided 
to  be  paid  by  section  17  of  this  Article;  said  rent  and 
license  to  commence  on  May  1,  in  each  year,  and  to  be 
payable  in  advance,  except  the  butcher  stalls,  of  which  the 
license  fee  of  five  dollars  shall  be  payable  yearly  in 
advance,  and  the  rental  of  ten  dollars  payable  quarterly 
in  advance. 


Ord.  53,  April  18,  1894. 

102.  The  rent  of  the  stalls  in  the  lower  or  south  shed  Rent, 
of  the  Northeast  market  is  fixed  at  seven  dollars  ($7)  per 
year  for  eave  and  nine  dollars  ($9)  per  year  for  permanent 
stalls,  payable  quarterly  in  advance. 


Ord.  18,  March  31,  1887.  City  Code,  (1893)  Art.  35,  Sec.  155. 

103.  The  annual  rent  of  stalls  under  the  said  shed  Rent  of  stalls 
building  entering  from  the  south  end  of  the  Northeast 
market  to  McElderry  street,  shall  be  twelve  dollars  ($12) 
a year  for  the  8x10  stalls,  and  twenty-four  dollars  ($24)  a 
year  for  the  16x20  stalls;  and  the  Comptroller,  in  renting 
said  stalls,  shall  give  preference  to  those  now  occupying 
them. 


Ord'.  7,  March  6,  1885.  City  Code,  (1893)  Art.  35,  Sec.  156. 

104.  The  limits  of  the  Northeast  market  shall  comprise 
the  whole  of  the  lot  belonging  to  the  city,  and  bounded  by  Northeast 
Monument,  McElderry  and  Chester  streets,  and  Duncan 


950 


markets — ORDINANCES . 


[art.  23. 


alley,  and  also  the  whole  width  of  Monument  street,  from 
Chester  street  to  Duncan  alley,  the  whole  width  of  Chester 
street,  from  Monument  to  McElderry  street,  and  the  whole 
width  of  McElderry  street,  from  Chester  street  to  Duncan 
alley  ; and  the  days  for  holding  said  market  shall  be  Mon- 
day and  Thursday  of  each  week,  and  Saturday  evening. 


Res.  164,  June  23,  1886.  City  Code,  (1893)  Art.  35,  Sec.  158. 

s7anTat°four  The  Comptroller,  subject  to  the  provisions  of 

ma?ket.°^  soction  17  of  this  Article,  is  hereby  authorized  and  directed 
to  issue  licenses  for  stalls  at  the  four  corners  of  the  said 
Northeast  market. 


RICHMOND  MARKET.* 

City  Code,  (1879)  Art.  35,  Sec.  116.  City  Code,  (1893)  Art.  35,  Sec.  148. 

Eimits.  106.  The  limits  of  the  Richmond  market  shall  include 

the  whole  of  the  lot  belonging  to  the  city,  on  which  it 
stands,  and  so  much  of  the  adjacent  streets  as  may  be  in 
front  of  the  said  lot,  subject  to  the  provisions  regarding 
footways  prescribed  by  section  75  of  this  Article. 


City  Code,  (1879)  Art.  35,  Sec.  118.  City  Code,  (1893)  Art.  35,  Sec.  150. 

^e?s’ Richmond  market  the  butchers’  stalls  shall 
be  at  a rent  of  ten  dollars. 


City  Code,  (1879)  Art.  35,  Sec.  119.  City  Code,  (1893)  Art  35,  Sec.  151. 

Rent  of  unoc-  108.  Whenever  the  purchaser  of  any  butchers’  stall  in 
pie  s a s.  Richmond  market  shall  not  occupy  the  same,  the  clerk 
of  the  market  shall  have  the  right  of  renting  such  stall  to 
any  person  who  may  apply  for  its  use,  subject  to  tKe  pro- 
, visions  of  section  17  of  this  Article. 


*Notk. — See^  note  on  Richmond  market.  City  Code,  (1879)  page  664. 


951 


ART.  23.]  PROVISIONS  APPLICABLE  TO  MARKETS— ORDINANCES. 

PROVISIONS  APPLICABLE  TO  VARIOUS  MARKETS. 

City  Code,  (1879)  Art.  35,  Sec.  113.  City  Code,  (1893)  Art.  35,  Sec.  145. 

109.  Two  rows  of  bricks,  on  edge,  along  the  entire  line  mside  line 

1 u -n  • 1 against  im- 

of  the  inside  of  Lexington,  Hanover,  Fell  s Point  and  pediments. 
Belair  market  houses,  at  the  distance  of  six  feet  from  the 
inner  side  of  the  stands  occupied  by  the  butchers,  shall  be 
designated  as  a line  beyond  which  no  person  shall  be  allowed 
to  place  any  impediment,  under  a penalty  of  ten  dollars  for 
each  offence. 


City  Code,  (1879)  Art.  35,  Sec.  114.  City  Code,  (1893)  Art.  35,  Sec.  146. 

110.  Two  rows  of  bricks,  on  edge,  along  the  entire  line 
of  the  sheds  attached  to  the  Lexington,  FelPs  Point,  Belair 
and  Hanover  market  houses,  at  the  distance  of  two  feet 
from  the  benches,  so  as  to  form  an  avenue  in  the  centre, 
between  the  inner  and  outer  benches,  for  the  accommoda- 
tion of  persons  visiting  the  several  markets,  shall  be 
designated  as  a line  beyond  which  no  person  shall  place 
any  impediment,  under  a penalty  of  two  dollars  for  each 
offence. 


Ord.  128,  (Animal  Session  1898.)** 

111.  No  dealer  in  cheese,  or  in  salted,  cured  or  dried staiis for 
fish,  shall  occupy  any  stand  or  stands  in  the  Lexington,  drfeTfish 
Hanover  or  FelPs  Point  markets  other  than  such  as  shall  ignated  by 
be  designated  for  such  use  by  the  clerks  of  said  several 
markets,  with  the  approbation  of  the  Comptroller,  which 
stand  or  stands  so  designated  by  the  said  clerks  shall  be 
confined  to  the  following  limits,  that  is  to  say:  In  the 
Lexington  market,  to  the  entire  north  and  south  sides  of 
the  market  house  west  of  Eutaw  street  to  the  east  side  of 
Pearl  street;  in  the  Hanover  market,  within  the  interior 
space  on  either  side  of  the  fish  market;  and  in  the  FelPs 
Point  market,  to  the  eave  stalls  or  permanent  benches  in 
the  lower  part  of  the  southern  market  house. 


**Note. — This  ordinance  became  a law  by  limitation. 


952 


markets ORDINANCES. 


[art.  23. 


Market  Days  and  Hours, 

City  Code,  (1879)  Art.  35,  Sec.  56.  City  Code,  (1893)  Art.  35,  Sec.  62. 

Market  days,  112.  The  market  days  shall  be  Monday  and  Thursday 
at  the  Hanover  and  Richmond  markets;  Tuesday  and  Fri- 
day at  the  FelTs  Point,  Belair,  Cross  street  and  Lexington 
markets;  Monday,  Wednesday  and  Saturday  at  the  Centre 
market;  Wednesday  and  Saturday  at  the  Hollins  market, 
and  also  Saturday  evenings  at  each  of  said  markets. 
Monday,  Thursday  and  Saturday  are  hereby  designated  as 
the  regular  market  days  of  the  Lafayette  market  house.  * 


City  Code,  (1879)  Art.  35,  Sec.  57.  City  Code,  (1893)  Art.  35,  Sec.  63. 

Market  hours.  1 1 3.  The  market  hours  at  the  Centre,  Lexington,  Belair, 

Hollins  street  and  Hanover  markets  shall  begin  at  daylight 
and  end  at  eleven  o’clock  in  the  forenoon,  during  the 
months  of  October,  November,  December,  January,  Feb- 
ruary and  March,  and  begin  at  six  o’clock  A.  M.  and  end 
at  half-past  ten  o’clock  in  the  forenoon,  during  the  remain- 
der of  the  year;  the  market  hours  at  Fell’s  Point  market 
shall  begin  at  daylight  and  end  at  twelve  o’clock  noon, 
during  the  months  of  October,  November,  December, 
January,  February  and  March,  and  end  at  eleven  o’clock  in 
the  forenoon  during  the  remainder  of  the  year;  the  market 
hours  at  Richmond  market  shall  begin  at  two  o’clock  and 
end  at  six  o’clock  in  the  afternoon;  the  market  hours  at 
Cross  street  market  shall  begin  at  daylight  and  end  at 
eleven  o’clock  in  the  forenoon  during  the  months  of  Octo- 
ber, November,  December,  January,  February  and  March, 
and  end  at  ten  o’clock  in  the  forenoon  during  the  remainder 
of  the  year;  and  for  the  Saturday  evening  market,  the 
market  hours  at  all  markets  hereinbefore  named  shall  begin 
at  sunset,  and  end  at  eleven  o’clock  in  the  evening,  except 
the  Fell’s  Point  and  Belair  markets,  which  shall  begin  at 
three  o’clock  and  end  at  eleven  o’clock;  the  Hollins  street 
market,  which  shall  begin  at  two  o’clock,  and  end  at  ten 
o’clock,  and  the  Cross  street  market,  which  shall  begin  at 


*Note. — The  market  days  of  Centre,  Hanover  and  Fell’s  Point  mar- 
kets were  established  in  1784.  See,  Acts  1784,  ch.  62,  and  1785,  ch.  33. 


ART.  23.]  SALES  OF  MARKET  STALLS — ORDINANCES. 


953 


three  o’clock  and  end  at  ten  o’clock.  Market  hours  at  the 
Lafayette  market  shall  begin  at  daybreak  during  the  months 
of  October,  November,  December,  January,  February  and 
March,  and  end  at  eleven  o’clock  A.  M.,  and  during  the 
remainder  of  the  year  shall  begin  at  the  same  time  and  end 
at  ten  o’clock,  and  those  for  Saturday  shall  commence  at 
three  o’clock  P.  M.,  and  end  at  eleven  o’clock  P.  M. 


Sales  of  Market  Stalls. 

City  Code,  (1879)  Art.  35,  Sec.  120.  City  Code,  (1893)  Art.  35,  Sec.  152. 

114.  The  sales  of  market  stalls  heretofore  made  by  the  sMes  of  stalls 

in  Belair, 

Comptroller  of  the  city  of  Baltimore,  City  register,  or  any 
other  officer  or  agent  of  the  city,  in  the  following  markets, 
or  in  any  extensions  or  improvements  of  said  markets,  to 
wit:  Lexington  market.  Fell’s  Point  market,  Belair  market,  and  Rich- 

® ^ ' mond  mar- 

Hollins  market,  Hanover  market,  Richmond  market,  Lafay-  ^ets. 
ette  market.  Cross  street  market  and  Canton  market,  are 
hereby  fully  ratified  and  confirmed,  with  the  intent  to  vest 
in  the  purchasers  of  the  said  stalls,  or  their  legal  represen- 
tatives or  assigns,  as  good  and  sufficient  title,  upon  the 
payment  of  the  purchase  money  for  said  stalls,  and  upon 
compliance  with  the  ordinances  of  the  city  regulating 
markets  and  prescribing  the  terms  and  tenure  upon  which 
market  stalls  are  held,  as  if  the  said  sales  had  in  the  first 
instant  been  made  in  pursuance  of  an  authority  vested  in 
the  said  Comptroller,  City  Register  or  other  officer  or  agent 
of  the  city  by  an  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore,  duly  passed  for  the  purpose;  provided,  that 
nothing  herein  shall  be  construed  as  ratifying  or  confirming 
any  statement  or  promise  or  agreement  of  said  officers  or 
agents,  or  either  of  them,  made  in  connection  with  said 
sales,  for  which  an  express  authority  cannot  be  shown  in 
the  City  Charter  or  the  ordinances  and  resolutions  of  the 
Mayor  and  City  Council  of  Baltimore. 

Rose  V.  M.  and  C.  C.,  51  Md.  256. 


954 


PARKS  AND  SQUARES — ORDINANCES. 


[art.  24. 


violation  of  any  of  the  provisions  of  this 
Sde  herein. unless  a different  penalty  is  prescribed  herein  in  a 
particular  case,  shall  subject  the  person  or  persons,  or 
corporation  so  offending,  to  the  same  penalty  as  is  prescribed 
in  section  10  of  this  Article  for  the  regulation  of  the 
^ fin?s!fSrfdt-  inarkets ; all  fines,  penalties  and  forfeitures  incurred  by 
the  violation  of  any  of  the  provisions  of  this  Article  for  the 
recovery  of  which  no  provision  has  been  made  herein,  shall 
be  recovered  as  other  fines,  penalties  and  forfeitures 
To  be  paid  to  Ordinance  are  recoverable,  and  when  collected 

Comptroller,  shall  be  paid  to  the  Comptroller. 


ARTICLE  XXIV. 


PARKS  AND  SQUARES. 


ORDINANCES. 


Obstructions  in  Parks. 

1.  No  obstructions  to  public  view 

to  be  erected  in  parks  or  on 
footways  of  municipal  build- 
ings by  unauthorized  persons  ; 
penalty. 

Mount  Vernon  Place. 

2.  Regulating  porticos,  steps,  etc., 

on  same. 


Park  Avenue. 

3.  Agreement  as  to  paving  Park 

avenue  between  Mt.  Royal 
avenue  and  Reservoir  street. 

4.  City  to  improve  and  maintain 

squares  under  said  agreement. 

Fines  and  Penalties. 

5 . Recovery  and  disposition  of  fines 

imposed  hereunder. 


OBSTRUCTIONS  IN  PARKS. 

Ord.  151,  October  15,  1889.  City  Code,  (1893)  Art.  37.  Sec.  14. 

No  obstructions  1.  No  stuud  OT  obstructiou  to  the  public  view  shall  be 

v^ie^to  L erected  in  any  of  the  public  parks  or  squares  of  the  city, 
or  upon  the  footways  belonging  to  any  municipal  building 
in  the  city  of  Baltimore,  by  any  person  or  persons  whom- 
soever, unless  authorized  by  law  ; anyone  violating  any  of 
the  provisions  of  this  section,  shall  be  fined  fifty  dollars 
($50)  for  each  offence. 


ART.  24.]  MT.  VERNON  PEACE — PARK  AVENUE — ORDINANCES.  955 

MOUNT  VERNON  PLACE. 

City  Code,  (1879)  Art.  48,  Sec.  43.  City  Code,  (1893)  Art.  46,  Sec.  21\ 

2.  It  shall  not  be  lawful  for  any  person  to  erect  or  set  Regulating 
up  any  portico,  steps,  or  any  other  ornamental  structure 
whatever  on  Mount  Vernon  Place,  at  a greater  distance 
into  the  place  than  nine  (9)  feet,  measuring  from  the 
building  line  thereof. 

Garrett  v.  Janes,  65  Md.  260. 


PARK  AVENUE. 

Ord.  56,  July  2,  1897. 

3.  In  accordance  with  the  agreement  set  forth  in 
Ordinance  56,  approved  July  2,  1897,  whenever  there  shall 
have  been  erected  not  less  than  twenty  dwelling  houses 
fronting  on  Park  avenue  between  Newington  avenue  and  bJtween^MT 
Whitelock  street  the  city,  within  six  months  after  service 
on  the  Mayor  of  a demand  in  writing  signed  by  the  owners  ervoir  street, 
of  at  least  one-half  in  front  feet  of  the  lots  fronting  on  said 
avenue  between  said  streets,  or  by  the  duly  authorized 
agents  of  such  owners,  will  pave  that  portion  of  said 
avenue  with  vitrified  brick  pavement ; and  in  like  manner, 
whenever  there  shall  have  been  erected  twenty  dwelling 
houses  fronting  on  Park  avenue  between  Whitelock  street 
and  Mount  Royal  avenue,  the  city  will  pave  with  vitrified 
brick  that  portion  of  said  avenue  within  six  months  after 
like  demand  by  the  owners  of  at  least  one-half  in  front  feet 
of  the  lots  fronting  on  said  avenue  between  said  streets. 


Ord.  56,  July  2,  1897. 

4.  In  accordance  with  said  agreement  the  city  will,  to  improve 
before  July  1,  1897,  plant  with  grass,  trees  and  shrubs, 
improve  and  thereafter  maintain  the  squares  now  laid  out 
in  the  center  of  Park  avenue,  and  will  at  all  times  there- 
after prevent  their  being  overgrown  with  weeds  or 
becoming  unsightly. 


956 


POI.ICE — ORDINANCES . 


[art.  25. 


FINES  AND  PENALTIES. 

Recovery  of  5.  All  fincs  liicurred  by  the  violation  of  any  of  the  pro- 

nnes  and  pen-  .. 

allies.  Visions  ot  this  Article  shall  be  recovered  as  other  fines 
imposed  by  ordinance  are  recoverable,  and  when  collected 
shall  be  paid  to  the  Comptroller. 


ARTICLE  XXV. 

POLICE. 

ORDINANCES. 


Billiard  Tables  and  Bowling  Alleys. 

1.  What  games  played  on  billiard 

tables  shall  be  unlawful. 

2.  Minors  not  to  play;  penalty  for 

which  licensee  is  liable. 

3.  Penalty  for  play  after  11.30  P.  M. 

Minors. 

4.  Penalt}"  for  allowing  minors  to 

play. 

Birds. 

5.  Penalty  for  injury  to  insectivo- 

rous birds  and  bird  boxes. 

Blowing  Whistles. 

6.  Between  what  hours  prohibited; 

penalty;  exception  as  to  steam- 
boats. 

Building  Permits. 

7.  Penalty  for  refusing  to  show 

permit  to  police  when  de- 
manded. 

8.  Police  to  inquire  of  persons 

building  whether  permits  have 
been  granted. 


Cattle,  Goats  and  Swine  at  Large 

9.  Goats  at  large  may  be  killed  or 

seized  by  anyone;  liability  of 
owner  of  such  goats. 

Dogs  at  Large. 

10.  When  dogs  not  to  run  at  large; 

penal t}'-  for  owner;  such  dogs 
may  be  impounded;  disposi- 
tion of  impounded  dogs. 

Driving  Cattle,  Sheep  or  Swine 
Through  Streets. 

11.  Hours  for  driving  cattle  and 

hogs. 

12.  When  sheep  may  be  driven; 

not  to  be  driven  through 
Baltimore  street  or  along  any 
■ public  square  at  any  time. 

13.  Penalty  for  unlawful  driving. 

14.  Limits  where  unlawful  to  drive 

cattle,  etc.,  at  anytime;  pen- 
alty. 

15.  Driving  on  Sunday  prohibited; 

not  to  be  driven  on  Baltimore 
street  or  b}'  any  public  square. 


ART.  25.] 


POLICE  — ORDINANCES . 


957 


16.  Number  of  cattle  in  a drove 

limited;  drivers. 

17.  Limit  on  number  of  sheep  or 

hogs  in  drove;  number  of 
drivers  required. 

18.  Droves  to  be  kept  three  squares 

apart. 

19.  Penalty  for  violation  of  pro- 

visions of  this  sub-division. 

20.  Not  to  apply  to  cattle,  etc. 

arriving  or  for  shipment  by 
water  being  driven  between 
shipping  points. 

21 . Permission  for  driving  to  Con- 

rad Hohman. 

22.  Hogs  not  to  be  permitted  to 

stop  or  lie  down;  penalty. 

23.  To  be  driven  only  to  slaughter 

houses  and  shipping  points; 
penalty;  proviso  as  to  driving 
from  cattle  pens  of  Baltimore 
and  Ohio  Railroad;  all  driv- 
ing to  be  in  conformity  with 
regulations  hereunder. 

24.  Exceptions  in  favor  of  owners 

of  certain  cattle  pens. 

25.  No  driving  through  Laurens, 

McMechen,  WiLson  and  Gil- 
mor  streets;  penalty. 

26.  Nor  on  Boundary  avenue  be- 

tween Madison  and  Green- 
mount  avenues. 

27.  Centre  street  between  Howard 

and  Calvert  streets. 

28.  Driving  milch  cows  and  calves 

to  pasturage. 

29.  Driving  to  Claremont  Stock 

Yards  restricted  to  Brunswick 
street;  penalty. 

30.  Saratoga  street  between  Greene 

and  Calvert  streets*;  penalty. 


31.  Through  Fulton  and  Wilkens 

avenues,  Mulberry  street,  and 
Woodberry;  penalty. 

Fire  Regulations. 

Fire  Shutters. 

32.  When  to  be  closed;  how  to  be 

constructed;  not  to  apply  to 
Government  or  fruit  ware- 
houses. 

Smoking  Meat. 

33.  Fires  for  smoking  meat  in 

other  than  smoke  houses  pro- 
hibited; penalty. 

Explosive  or  Fiflammable  Com- 
pounds Under  Stairways . 

34.  Such  storage  rendering  egress 

hazardous  in  case  of  fire  pro- 
hibited. 

35.  Aisles  in  buildings  for  instruc- 

tion or  amusement  to  be  kept 
clear  during  any  performance, 
etc.,  all  exits  to  be  opened 
for  use  of  departing  audiences. 

Health  Regulations. 

Nuisances  hi  Streets. 

36.  Police  to  execute  orders  of  the 

Commissioner  of  Health. 

Ashes,  Deposits  and  Sand. 

37.  Not  to  be  placed  on  streets; 

exception  as  to  icy  sidewalks; 
penalty;  proviso  as  to  use  by 
street  railway  companies  on 
rails  on  grades. 

38.  No  deposits  of  any  kind  to  be 

made  on  space  formed  by 
Park  avenue,  Fayette  and 
Liberty  streets;  penalty. 

Fish. 

39.  Not  to  be  cleaned,  scaled,  etc. 

near  public  pumps  or  foun- 
tains; penalty. 


958 


POLICE — ORDINANCES . 


40.  All  fish  to  be  kept  under  roof 

or  cover;  penalty. 

Garbage  and  Garbage  Carts. 

41.  No  sig-n,  bell  or  horn  to  be 

used  by  owners  of  carts  not 
employed  by  city;  penalty. 

42.  Penalty  for  failure  by  city  em- 

ployes to  remove  garbage. 

43.  Garbage  carts  not  to  stand  in 

streets  unnecessarily;  carts 
not  to  gather  in  numbers;  not 
to  be  occupied  an  unreason- 
able length  of  time  in  loading, 
etc. ; needless  offensiveness 
prohibited . 

44.  Carts  to  be  strong  and  tight 

and  covered. 

45.  Cleanliness  required  of  drivers 

in  loading  or  unloading  gar- 
bage. 

46.  No  garbage  to  be  dropped  on 

streets. 

47.  Penalty  for  violations  of  pro- 

visions of  this  sub-division; 
to  appl}'^  to  stable  manure 
spilled  on  streets. 

48.  Carts  to  be  tight  to  prevent 

littering  the  streets. 

49.  Police  to  report  to  Commis- 

sioner of  Street  Cleaning 
neglect  of  drivers. 

Gutters. 

50.  Water  from  gutters  not  to  be 

thrown  into  streets;  penalty; 
not  to  affect  privilege  of  build- 
ers. 

51.  Gutters  to  be  kept  clean  by 

owners  of  abutting  property; 
penalty. 

Offensive  Fluids  in  Streets. 

52.  Penalty  for  allowing  offensive 

or  nauseous  liquors  to  escape 
into  streets. 


[art.  25. 

53.  Penalty  for  allowing  refuse 

coal  oil  in  streets. 

Slop  Carts. 

54.  Penalty  for  placing  slop  carts 

or  troughs  across  footways. 

Sprinkling  and  Sweeping  Streets. 

55.  Streets  to  be  sprinkled  before 

sweeping;  penalty. 

Landmarks  of  Streets. 

56.  Penalty  for  removing,  mutilat- 

ing or  disturbing  landmarks 
established  by  City  Engineer. 

Lamps,  Lamp  Posts  and  Pillars. 

57.  Interference  with  street  lamps 

or  lighting  system  in  any 
manner  prohibited;  bills,  etc. 
not  to  be  posted  on  lamp 
posts;  penalty. 

58.  Penalty  for  destruction  of  or 

injury  to  lamps  or  other  pub- 
lic property. 

Malicious  Destruction  of  Property. 

59.  Penalty  for  malicious  injury  to 

houses,  furniture,  fences,  etc. 
in  city. 

60.  Penalty  for  injury  to  grass, 

trees,  etc.  around  Washing- 
ton’s Monument. 

Monuments. 

61.  Penalty  for  injuring  or  defac- 

ing Washington  or  Battle 
monuments. 

Museums  of  Anatomy. 

62.  Penalty  for  exposing  or  dis- 

playing any  part  of  such 
museums  in  show  window. 

Newspaper  Representatives. 

63.  Authority  of  Journalist’s  Club 

to  issue  badges;  holders  of 
badges  to  be  under  control  of 
said  club. 


ART.  25.] 


POLICE — ORDINANCES . 


959 


64.  Badges  to  be  revoked  for  mis- 

use thereof. 

65.  Penalt}"  for  misuse,  counter- 

feiting or  imposition  b}"  means 
of  such  badges. 

66.  Penalty  for  duplicating,  etc. 

badges. 

Obstructions  in  Streets. 

67.  Penalty  for  obstructing  any  of 

the  streets,  lanes,  alleys  or 
gutters. 

Barrels,  Boxes,  Crates  and 
Hogsheads. 

68.  Penalty  for  permitting  same  to 

remain  in  streets  more  than 
twelve  hours  or  after  sunset; 
not  to  use  more  than  one-half 
of  footway  in  placing  such 
articles;  penalty. 

Dangerous  and  Unhealthy 
Substances . 

69.  Articles  w^hich  are  not  to  be 

thrown  into  streets  or  other 
public  place. 

70.  Boxes,  bins,  barrels,  etc.,  not 

to  be  placed  in  streets  or  on 
footw'ays ; exception  as  to 
boxes,  etc.,  for  garbage;  to  be 
removed  when  emptied. 

71.  Owners  of  abutting  premises 

to  keep  sidewalks  and  gutters 
clear. 

72.  Who  shall  be  liable  for  viola- 

tion of  provisions  of  this  sub- 
division; penalties. 

Dirt,  Lumber,  etc. 

73.  Penalty  for  placing  same  in 

streets  and  allowing  same  to 
remain  more  than  twenty- 
four  hours  after  notice  to  re- 
ijiove ; City  Engineer  to  re- 
move and  charge  expense 
thereof  to  person  placing 
same. 


Builders'  Materials  and  Enclos- 
ures in  Streets. 

74.  Builders’  privileges  in  streets ; 

to  occupy  one-third  of  street 
with  materials  for  ninety  days; 
proviso  as  to  railway  tracks ; 
penalty  for  exceeding  privi- 
leges ; may  enclose  front  of 
house  during  construction  or 
repair  ; projection  and  dura- 
tion of  such  enclosure ; pen- 
alty. 

Fires  and  Horses  in  Streets. 

75.  Horses,  etc.,  being  shod  not  to 

stand  in  streets ; fires  in 
streets  prohibited  ; penalty  ; 
proviso  as  to  fires  by  builders ; 
consent  required  of  property 
owners  on  square  where  used; 
pavement  to  be  protected 
from  heat. 

Snow. 

76.  To  be  removed  from  footways 

by  property  owners  ; not  to 
obstruct  gutters  ; penalty  ; to 
remove  ice,  etc.,  from  gut- 
ters, etc.  ; penalty. 

77.  Salt  not  to  be  used  to  melt  snow 

or  ice  without  consent  of 
Mayor  ; penalty. 

Pistols  and  Firearms. 

78.  To  be  sold  or  loaned  only  as 

herein  provided. 

79.  Distinguishing  mark  to  be 

stamped  on  pistols  sold, 
loaned,  etc. 

80.  Name  and  address  of  purchaser 

to  be  given  seller  before  de 
livery ; record  of  mark  and 
purchaser  to  be  kept ; in- 
spection of  record  by  Marshal 
of  Police;  monthly  report  to 
be  made  by  seller,  of  sales, 
marks  and  purchasers. 


960 


POLICK  — ORDINANCES . 


[art.  25. 


81.  Penalty  for  violating  provisions 

of  this  sub-division. 

82.  Penalty  for  obliterating  mark 

of  identification. 

83.  Penalty  for  discharging  fire- 

arms ; liability  of  captains 
of  vessels. 

84.  Penalty  for  sale  of  toy  pistols. 

85.  Penalty  for  firing  toy  pistols. 

Public  Safety. 

86.  Bulky  articles  not  to  be  thrown 

from  windows ; skids  to  be 
well  secured ; penalty ; pro- 
viso in  case  of  fire. 

87.  Playing  bandy,  ball,  flying 

kites,  throwing  stones,  etc., 
prohibited ; penalty. 

88.  Tamps  on  bicycles  and  tricycles 

at  night ; penalty. 

89.  Penalty  for  coasting  on  bi- 

cycles, tricycles,  etc. 

90.  Coasting  on  streets  near  where 

same  are  crossed  by  tracks 
prohibited ; penalty. 

Sales  in  Streets. 

91.  Penalty  for  hawking  goods 

after  ten  P.  M. 

92.  Penalty  for  obstructing  passage 

along  footwa}^s  by  soliciting 
purchasers  of  goods. 

93.  Sale  of  theatre,  etc.,  tickets  on 

streets  forbidden  ; penalty. 

94.  Penalty  for  enticing  purchasers 

from  stores. 

Sewers. 

95.  Penalty  for  placing  paper,  dirt, 

etc.,  in  sewer  inlets. 

Sidewalks. 

Fruit  and  Vegetable  Substances. 

96.  Dangerous  substances  on  side- 

walks forbidden ; penalty, 
fine  and  imprisonment. 


97.  Proprietors  of  places  where 

fruit,  etc.,  is  sold  to  keep 
posted  therein  copy  of  provi- 
sions against  said  substances; 
penalty  for  failure  to  post 
notice. 

Wheelbarrows,  Vehicles,  Etc.,  on 
Sidewalks. 

98.  Said  vehicles  on  footways  for- 

bidden; proviso  as  to  crossing 
footways;  penalty. 

99.  Vehicles  drawn  by  horses  and 

mules  not  to  cross  sidewalks; 
exception ; permit  from 
Mayor  ; penalty. 

Watering  Sidewalks. 

100.  Streets  on  which  prohibited 

between  8 A.  M.  and  6 P.  M. ; 
penalty. 

Theatrical  Exhibitions. 

101.  Penalty  for  indecent  or  blas- 

phemous exhibitions. 

102.  Penalty  for  giving  sparring 

exhibitions  without  permit. 

103.  Net-work  for  protection  of 

trapeze  and  other  perform- 
ers. 

104.  Penalty  for  exhibiting  with- 

out such  protection. 
Theatrical  Posters,  etc. 

105.  Defacing  lawfully  posted  bills 

forbidden. 

106.  Penalty  for  defacing  bills ; 

consent  of  owner  of  property 
where  bills  are  to  be  posted 
required  ; proviso  as  to  bills 
which  do  not  indicate  date 
on  which  posted. 

Trees. 

107.  Penalty  for  injury  to,  or  de- 

struction of  trees  along 
streets  and  in  public  grounds; 
City  Engineer  may  remove 
trees  which  obstruct  foot- 
w'ays. 


ART.  25.]  BILTIARD  TABLES  AND  BOWLING  ALLEYS — ORDINANCES.  961 


Various  Street  Regulations. 

Parades  in  Streets. 

108.  Political  parades  ; not  to  carry 

transparencies  or  devices ; 
penalty. 

109.  Permit  from  Mayor  required  ; 

what  permit  must  show ; 
penalty  for  parade  without 
permit. 

110.  Parades  of  bands  between  six 

P.  M.  and  six  A.  M.  without 
permit  forbidden  ; bands  not 
to  play  on  streets  and  collect 
money  therefor ; penalty. 

Pianos. 

111.  Penalty  for  playing  musical 

instruments  on  streets  be- 
tween 10.30  P.  M.  andSA.M. 

Public  Swings^  Flying  Horses^  etc. 

112.  Public  swings,  flying  horses, 

fakirs  and  public  venders  of 


patent  medicines  prohibited; 
penalty. 

Vaults  and  Areas. 

113.  Apertures  to  vaults  to  be  pro- 

tected when  left  open  ; re- 
quirements for  such  pro- 
tection ; penalty. 

114.  Police  to  notify  City  Engineer 

when  vaults  and  areas  are 
being  constructed. 

Water. 

115.  Police  to  report  violations  of 

water  regulations ; wasting 
of  water,  fire-plugs  out  of 
order,  etc. 

116.  Water  not  to  be  discharged  on 

streets  while  being  repaved 
nor  for  two  weeks  thereafter; 
penalty. 

117.  Recovery  and  disposition  of 

fines  and  penalties  collected 
under  this  Article. 


BILLIARD  TABLES  AND  BOWLING  ALLEYS. 

City  Code,  (1879)  Art.  33,  Sec.  3.  City  Code.  (1893)  Art.  33,  Sec.  3. 

1.  Every  game  or  games  played  upon  billiard 
shall  be  deemed  and  considered  unlawful,  and  are  hereby  be  unlawful, 
prohibited,  except  only  the  game  played  with  two  balls, 
the  game  played  with  three  balls,  the  game  played  with 
four  balls,  and  the  game  commonly  called  pool,  such  being 
the  usual  games  of  billiards. 


City  Code,  (1879)  Art.  33,  Sec.  4.  City  Code,  (1893)  Art.  33,  Sec.  4. 

2.  It  shall  not  be  lawful  for  any  person  or  persons  who  Minors  not  to 
may  have  a permit  or  license  to  erect  or  keep  a billiard 
saloon,  or  billiard  table,  as  mentioned  in  the  next  preced- 
ing section,  to  allow  any  minor  to  play  at  any  game  in  said 
saloon,  or  on  any  billiard  table,  under  a penalty  of  ten 
dollars  for  the  first  offence,  and  twenty  dollars  for  every 
subsequent  offence. 


962 


POI.ICE— ORDINANCES. 


[art.  25. 


Not  to  play 
after  11.30 

P.  M. 


City  Code,  (1879)  Art.  33,  Sec.  7.  City  Code,  (1893)  Art.  33,  Sec.  7. 

3.  If  any  proprietor  or  proprietors  of  any  bowling 
saloon,  bowling  alley,  device  or  structure,  shall  suffer  or 
allow  any  person  or  persons  to  play  upon  or  use,  in  any 
manner  whatever,  such  alley,  device,  or  structure,  after 
half-past  eleven  o’clock  at  night,  and  before  sunrise  in  the 
morning,  he,  she,  or  they,  as  the  case  may  be,  shall  forfeit 
and  pay  two  dollars  for  each  and  every  such  offence. 


Minors. 

City  Code,  (1879)  Art.  33,  Sec.  8.  City  Code,  (1893)  Art.  33,  Sec.  8. 

Penalty  for  al-  4.  It  shall  be  unlawful  for  any  person  or  persons,  who 

noTs”tl  Say.  havo  a permit  or  license,  to  erect  or  keep  any  such 
saloon,  alley,  or  other  device  or  structure,  as  mentioned  in 
the  next  preceding  section  of  this  Article,  to  allow  any 
minor  to  play  at  any  game,  under  the  penalty  of  ten  dollars 
for  the  first  offence,  and  twenty  dollars  for  every  sub- 
sequent offence. 


BIRDS. 

City  Code,  (1879)  Art.  47,  Sec.  123.  City  Code,  (1893)  Art.  48,  Sec.  143. 

Injury  to  in-  5.  If  any  person  or  persons  shall  kill,  or  attempt  to  kill 
or  in  any  manner  injure  or  molest  any  sparrows,  robins, 
wrens,  or  other  small  insectivorous  birds,  on  any  of  the 
streets,  lanes  or  alleys  or  public  squares  or  parks  in  the 
city  of  Baltimore,  or  shall  destroy  or  remove,  or  attempt 
to  destroy  or  remove,  any  box  or  boxes  placed  in  any  tree 
Bird  boxes.  other  suitable  place  in  the  city  of  Baltimore  for  the  use 
of  such  birds,  such  person  or  persons,  and  any  person  or 
persons  aiding  or  abetting  them,  shall  severally  forfeit  and 
pay  for  each  and  every  offence  the  sum  of  five  dollars. 


BLOWING  WHISTLES. 

Ord.  12,  March  9,  1883.  City  Code,  (1893)  Art.  7,  Sec.  112. 

6.  It  shall  not  be  lawful  for  the  owner  or  owners  of  any 
factory,  building,  steamboat  or  locomotive,  having  a boiler 
with  a steam  whistle  attached  thereto,  to  permit  said 


ART.  25.]  CATTivK,  GOATS  AND  SWINE  AT  TARGE — ORDINANCES.  963 


steam  whistle  to  be  used  or  blown  between  the  hours  of 
six  (6)  P.  M.  of  one  day,  and  (7)  A.  M.  of  the  day  next 
ensuing,  of  each  and  every  day  of  the  year,  under  a 
penalty  of  five  dollars  ($5)  for  each  and  every  offence. 
This  section  not  to  apply  to  steamboats  while  running  in  a 
fog,  or  to  those  which  are  about  to  start  on  their  trips. 


BUILDING  PERMITS. 

Code  Code,  (1879)  Art.  49,  Sec.  26.  City  Code,  (1893)  Art.  50,  Sec.  29. 

7.  Any  person  who  has  received  a building  permit  Fine  for  refusal 
from  the  Appeal  Tax  Court,  as  provided  in  section  17  of  mit  to  police. 
Article  38  of  this  Code,  title  “Taxes’^  and  who  shall  refuse 
to  exhibit  said  permit  when  thereto  required  by  any  police 
officer  or  officers  of  the  city,  shall  forfeit  and  pay  a fine  of 
five  dollars  ($5) . 


City  Code,  (1879)  Art.  49,  Sec.  27.  City  Code,  (1893)  Art.  50,  Sec.  30. 

8.  The  Board  of  Police  Commissioners  are  requested  to  police  to  in- 
instruct  their  officers  to  make  diligent  inquiry  of  all  persons  w’hither  per- 
building  within  the  limits  of  the  city  if  they  have  procured  “eenSted. 
the  proper  permits  as  herein  required. 


CATTLE,  GOATS  AND  SWINE  AT  LARGE. 

City  Code,  (1879)  Art.  47,  Secs.  140,  141.  City  Code,  (1893)  Art.  48, 

Secs.  180,  181. 

9.  It  shall  and  may  be  lawful  for  all  persons  to  kill  or  Goats  at  large 
cause  to  be  killed,  or  to  seize  and  take  and  dispose  of  to 
his  or  their  own  use  and  benefit,  any  goat  or  goats  running 
at  large  in  any  public  street,  lane  or  alley,  or  found  within 
any  of  the  public  parks  or  squares  of  the  city  ; should  any 
goat  be  found  running  at  large,  as  provided  in  this  section,  penalty 
the  owner  or  owners  thereof  shall  forfeit  and  pay  the  sum  owners, 
of  two  dollars. 


964 


POI.ICK — ORDINANCES . 


[art.  25. 


DOGS  AT  LARGE. 

Ord.  86,  May  20,  1891.  City  Code,  (1893)  Art.  46,  Sec.  35. 

10.  It  shall  not  be  lawful  for  any  dog  to  run  at  large 
in  any  of  the  public  squares  of  this  city  between  the  first 
day  of  April  and  the  first  day  of  November.  The  owner 
of  any  dog  found  running  at  large  in  the  public  squares 
shall  be  fined  two  dollars  ($2)  for  each  offence,  one-half 
of  which  shall  be  paid  to  the  informer.  Any  dog  so  found 
running  at  large  may  be  impounded  by  whomsoever  may 
be  witness  of  the  offence,  and  said  dog  shall  not  be 
delivered  up  until  the  fine  imposed  by  this  section  is  paid. 
Five  (5)  days  after  a dog  is  taken  up,  it  may  be  disposed 
of  as  provided  in  sections  20  and  24  of  Article  41  of  this 
Code,  title,  ‘‘Water  Rents  and  Licenses.’’ 


DRIVING  CATTLE,  SHEEP  OR  SWINE  THROUGH  STREETS- 


Hours  for 
driving. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19, 1883. 

City  Code,  (1893)  Art.  48,  Sec.  158. 

11.  It  shall  not  be  lawful  for  any  person  or  persons  to 
drive  cattle  or  hogs  through  the  avenues,  streets  and 
highways  of  the  city  except  between  the  hours  of  eleven 
o’clock  P.  M.  and  four  o’clock  A.  M.,  from  the  fifteenth 
day  of  April  to  the  fifteenth  day  of  October,  and  except 
between  the  hours  of  ten  o’clock  P.  M.  and  eight  o’clock 
A.  M. , from  the  fifteenth  day  of  October  to  the  fifteenth 
day  of  April. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19,  1883. 

City  Code,  (1893)  Art.  48,  Sec.  159. 

12.  It  shall  not  be  lawful  to  drive  any  sheep  through 
the  streets  of  this  city,  except  between  the  hours  of  5 
o’clock  A.  M.  and  12  o’clock  M.  on  Mondays  and  Tuesdays, 
or  at  any  time  through  Baltimore  street,  or  alongside  of 
any  public  square. 


ART.  25.]  DRIVING  CATTLE  THROUGH  STREETS — ORDINANCES. 


965 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19,  1883. 

City  Code,  (1893)  Art.  48,  Sec.  160. 

13.  Any  one  violating  the  two  next  preceding  sections  Penalty, 
shall  be  subject  to  a fine  of  twenty  dollars  for  each  and 
every  offence. 


Ord.  42,  March  26,  1902. 

14.  It  shall  be  unlawful  for  any  person  or  persons  toumawfuuo 
drive  cattle,  sheep  or  hogs  along  or  through  any  street, 
lane  or  alley  in  the  city  of  Baltimore,  located  east  of 
Payson  street,  west  of  Arlington  avenue  and  south  of 
Riggs  avenue;  any  person  or  persons  who  shall  drive  any 
cattle,  sheep  or  hogs  along  or  through  any  of  the  streets,  punishment 
lanes  or  alleys,  located  within  the  boundaries  mentioned 
herein  shall,  upon  conviction  thereof,  be  subject  and  liable 
to  a fine  of  not  less  then  five  dollars  ($5)  nor  more  than 
twenty  dollars  ($20)  for  each  offence. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19,  1883. 

City  Code.  (1893)  Art.  48,  vSec.  161. 

15.  No  cattle,  sheep  or  hogs  shall  be  driven  at  any  time  Baltimore 
through  the  city  on  Sunday,  nor  shall  any  cattle,  sheep  or  s^nday^^^^^’ 
hogs  be  driven  at  any  time  on  Baltimore  street,  or  by  any 
of  the  public  squares  of  the  city. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19,  1883. 

City  Code,  (1893)  Art.  48,  Sec.  162. 

16.  No  drove  of  cattle  shall  consist  of  more  than  thirty.  Number  of  cat- 
to  which  there  shall  be  not  less  than  three  drivers;  and  if  drove? 
a drove  of  cattle  shall  consist  of  six  or  less,  there  shall  be 
not  less  than  two  drivers. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19,  1883. 

City  Code,  (1893)  Art.  48,  Sec.  163. 

17.  No  drove  of  sheep  or  hogs  shall  consist  of  more  Number  of 
than  one  hundred  and  twenty-five,  to  which  there  shall  in  drove, 
be  not  less  than  three  drivers. 


966 


Droves  to  be 
least  three 
squares 
apart. 


Penalties. 


Further  excep 
tions. 


Permission  to 
Conrad 
Hohman. 


Hogs  not  to 
stop  or  lie 
down. 


POI.CIK — ORDINANCES.  [arT.  25. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19,  1883. 
City  Code,  (1893)  Art.  48,  Sec.  164. 

18.  All  droves  of  cattle,  sheep  or  hogs,  shall  be  driven 
not  less  than  three  squares  apart. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  5,  1882.  Ord.  25,  April  19,  1883. 
City  Code,  (1893)  Art.  48,  Sec.  165. 

19.  Any  person  or  persons  who  shall  violate  any  of  the 
provisions  of  sections  15  to  18,  both  inclusive,  of  this 
Article,  shall  be  subject  to  a penalty  of  fifty  dollars  for 
each  and  every  offence. 


Ord.  15,  March  14,  1882.  Ord.  66,  May  8,  1882.  Ord.  25,  April  19, 1883. 

City  Code,  (1893)  Art.  48,  Sec.  167. 

20.  Sections  11,  12,  13,  15  and  16  of  this  Article,  shall 
not  apply  to  cattle,  sheep  or  hogs  arriving  or  intended  for 
shipment  by  water,  when  being  driven  to  and  from  shipping 
points  located  within  the  city  limits. 


Res.  157,  May  15,  1882.  City  Code,  (1893)  Art.  48,  Sec.  168. 

21.  Permission  is  granted  to  Conrad  Hohman,  doing 
business  as  Kienzle  & Hohman,  to  drive  his  hogs  from  the 
Union  Railroad  depot  to  his  slaughter-house,  corner  of  Mon- 
ument and  Castle  streets,  at  all  hours,  Sundays  excepted. 


City  Cod£,  (1879)  Art.  47,  Sec.  136.  City  Code,  (1893)  Art.  48,  Sec.  169. 

22.  It  shall  not  be  lawful  for  any  person  or  persons 
owning  or  driving  any  hogs  through  or  in  any  of  the 
streets,  lanes  or  alleys  of  this  city,  wilfully  to  permit  the 
same  to  stop  or  lie  down  therein;  and  any  person  or  persons, 
or  their  agent  or  agents,  who  shall  violate  the  provisions 
of  this  section,  shall  be  subject  to  a fine  of  five  dollars  for 
each  and  every  offence. 


City  Code,  (1879)  Art.  47,  Sec.  137.  City  Code,  (1893)  Art.  48,  Sec.  170. 

23.  It  shall  not  be  lawful  for  any  person  or  persons  to 
drive  any  cattle,  sheep  or  hogs  in  any  street,  lane  or  alley 


ART.  25.]  DRIVING  CATTDE  THROUGH  STREETS— ORDINANCES. 


967 


of  Baltimore,  except  to  slaughter-houses  and 

points  within  the  limits  of  the  city,  under  a penalty  of  five  to”silSg°hter- 

dollars  per  head  for  each  and  every  offence;  provided,  that 

nothing  in  this  section  shall  be  so  construed  as  to  prohibit 

the  use  of  the  streets,  lanes  or  alleys  of  the  city  necessary 

to  the  passage  of  animals  from  the  cattle  pens  of  the 

Baltimore  and  Ohio  Railroad  to  the  cattle  scales  and  pens 

of  the  State  of  Maryland;  provided,  moreover,  that  it  shall 

not  be  lawful  for  anyone  to  drive  any  cattle,  swine  or 

sheep  through  any  street  or  parts  of  streets,  except  in 

conformity  with  the  provisions  of  this  sub-division  of  this 

Article. 


Ord.  74,  April  28,  1880.  Ord.  107,  May  14,  1880.  City  Code,  (1893) 

Art.  48,  Sec.  171. 

24.  Nothing  in  this  Code  shall  be  so  construed  or  inter-  Exceptions  in 
preted  as  to  interfere  with  or  abridge  the  right  of  the  ers  of  certain 
owner  or  owners  of  the  cattle  and  live  stock  pens,  now  on  Sockp?ns. 
west  Pratt  street,  Baltimore  city,  or  of  the  owner  or  owners 
of  the  cattle  and  live  stock  pens,  now  located  in  Baltimore 
county,  or  those  dealing  in  live  stock  in  said  county,  (said 
dealers  being  residents  of  Baltimore  city,)  from  driving 
their  animals  to  and  from  said  pens  from  and  to  any  other 
point  or  place  within  or  without  said  city;  provided,  how- 
ever, that  this  section  shall  not  apply  to  the  driving  of  said 
animals  through  the  streets,  lanes  or  alleys  of  the  city,  as 
now  prohibited  by  law. 


Ord.  113,  May  25,  1880.  City  Code,  (1893)  Art.  48,  Sec.  172. 

25.  It  shall  not  be  lawful  for  any  person  to  drive  any^aurens,  . 
cattle,  hogs  or  sheep  through  Laurens,  McMechen  or  Wil-  Wilson  and 
son  streets,  between  Linden  avenue  and  Park  avenue  or 
John  street,  or  Gilmor  street  north  of  Lexington,  under  a 
penalty  of  twenty  dollars  for  each  violation  of  the  provisions 
of  this  section. 


Ord.  8,  February  9,  1881.  City  Code,  (1893)  Art.  48,  Sec.  173. 

26.  It  shall  not  be  lawful  for  any  person  or  persons  to  Boundary 
drive  any  cattle,  sheep  or  hogs  eastwardly  or  westwardly 


968 


POI.ICK — ORDINANCES . 


[art.  25. 


on  Boundary  avenue,  between  Madison  and  Greenmount 
avenues,  under  a penalty  of  twenty  dollars  for  each  and 
every  offence. 


Ord.  11,  February  16,  1881.  City  Code,  (1893)  Art.  48,  Sec,  174. 

Centre  street.  27,  It  shall  not  be  lawful  for  any  person  or  persons  to 
drive  any  cattle,  sheep  or  hogs  eastwardly  ’ or  westwardly 
on  Centre  street,  between  Howard  and  Calvert  streets, 
under  a penalty  of  twenty  dollars  ($20)  for  each  and  every 
offence. 

Ord.  67,  May  9,  1882.  City  Code,  (1893)  Art.  48,  Sec.  175. 

Milch  cows^  to  28.  It  shall  be  lawful  for  any  person  to  drive  milch 
pasturage.  COWS  and  calvcs  to  and  from  their  stables  to  places  of 
pasturage,  and  that  it  shall  also  be  lawful  for  milch  cows 
and  calves  to  be  delivered  to  or  from  any  shipping  point 
in  the  city. 

Ord.  24,  April  13,  1889.  City  Code,  (1893)  Art.  48,  Sec.  176. 

^crirem^ont  driving  of  cattle,  sheep  and  hogs  to  and  from 

stock  Yards,  the  Claremont  Stock  Yards  is  hereby  restricted  to  Bruns- 
wick street,  between  Gwynn's  Falls  and  Frederick  avenue. 
Every  violation  of  the  provisions  of  this  section  shall  be 
subject  to  a penalty  of  twenty  dollars  ($20)  for  each 
offence. 


Ord.  25,  April  13,  1889.  City  Code,  (1893)  Art.  48,  Sec.  177. 

Saratoga  street.  30.  It  shall  not  be  lawful  for  any  person  to  drive  any 

cattle,  sheep  or  hogs  on  Saratoga  streets,  between  Greene 
and  Calvert  streets,  under  a penalty  of  twenty  dollars  for 
each  violation  of  the  provisions  of  this  section. 


Ord.  50,  May  1,  1888.  Ord.  105,  May  31,  1890.  Ord.  29,  April  15,  1891. 
Ord.  30,  April  15,  1891.  City  Code,  (1893)  Art.  48,  Sec.  177A. 

Through  31.  It  shall  not  be  lawful  for  any  person  or  persons  to 
wYikensave-  drivo  any  cattle,  hogs  or  sheep  through  Fulton  avenue, 
berry  betweeu  west  Baltimore  street  and  Edmonson  avenue,  at 
and  Wood-  night;  nor  through  Wilkens  avenue. 


ART.  25.]  FIRE  REGUEATIONS — ORDINANCES. 


969 


between  Bentalou  and  Gilmor  streets,  at  any  hour  of  the 
day  or  night,  nor  through  Mulberry  street,  between 
Charles  and  Greene  streets;  nor  through  the  streets  of 
Woodberry,  between  the  hours  of  eleven  o’clock  A.  M.  and 
one  o’clock  P.  M.,  and  between  the  hours  of  three  o’clock 
P.  M.  and  five  o’clock  P.  M.,  under  a penalty  of  twenty 
dollars  ($20)  for  each  and  every  oifence. 

FIRE  REGULATIONS. 

Fire  Shutters, 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  42. 

32.  Every  fire-door  or  fire  shutter  shall  be  closed  upon 
the  completion  of  the  business  of  the  day  by  the  occupant  closed, 
having  the  use  or  control  of  the  same,  and  all  fire-proof 
shutters  must  be  so  constructed  that  they  can  be  closed 
and  opened  from  the  outside,  above  the  first  story.  This 
section  shall  not  apply  to  Government  bonded  warehouses, 
or  warehouses  when  used  for  the  storage  of  fruit. 


Smoking  Meat. 

City  Code,  (1879)  Art.  9,  Sec.  15.  City  Code,  (1893)  Art.  9,  Sec.  6. 

33.  It  shall  not  be  lawful  to  make  or  cause  to  be  made  Fi^s  for 
any  fire  for  the  purpose  of  smoking  any  bacon  or  other  meat  prohib- 
meat  in  any  warehouse  or  other  building,  except  in  houses 
built  expressly  for  that  purpose,  and  in  the  opinion  of  the 
Inspector  of  Buildings,  made  secure,  so  as  not  to  endanger 
the  adjoining  property;  and  any  person  offending  against 
the  provisions  of  this  section  shall  forfeit  and  pay  the  sum 
of  twenty  dollars,  and  the  further  sum  of  ten  dollars,  for 
each  and  every  day  the  practice  shall  be  continued. 


Explosive  or  Inflammable  Compounds  under  Stairways. 

Ord.  146,  October  23,  1891.  City  Code,  (1893)  Art.  7,  Sec.  77,  79A. 
Ord.  31,  April  16,  1895. 

34.  No  explosive  or  inflammable  compound  or  combusti- 
ble material  shall  be  stored  or  placed  under  any  stairway 


970 


POLICE — ORDINANCES . 


[art.  25. 


fnflaima-  buildiiig,  OP  usod  in  any  such  place  or  manner  as  to 

pounTtobe  obstruct  OP  render  egress  hazardous  in  case  of  fire;  the 
stafrway^^"^  Board  of  Fire  Commissioners  shall  see  that  the  provisions 
of  this  section  are  enforced. 


Ord.  146,  October  22,  1891.  City  Code,  (1893)  Art.  7,  Sec.  80.  Ord.  54, 
March  10,  1904. 

pa^s-  35.  All  aisles  and  passage-ways  in  buildings  devoted  to 
be  kept  clear,  pupposos  of  instpuction  or  amusement,  shall  be  kept  free 
from  camp  stools,  chairs,  sofas,  persons  standing  or  crowd- 
ing therein,  and  other  obstructions,  during  any  perform- 
ance, services,  exhibition,  lecture,  concert,  ball  or  any 
public  assemblage;  all  exits  from  any  public  building 
shall  be  opened  for  the  use  of  every  departing  audience. 

HEALTH  REGULATIONS. 

Nuisances  in  Streets. 

City  Code,  (1879)  Art.  23,  Sec.  8.  City  Code,  (1893)  Art.  23,  Sec.  17. 

^ cute  orders’  36.  It  shall  be  the  duty  of  the  police  officers  to  execute 
all  orders  of  the  Commissioner  of  Health,  so  far  as  they 
Health.  relate  to  the  preservation  of  the  health  of  the  city. 

Ashes,  Deposits  and  Sand. 

Ord.  57,  May  6,  1887.  City  Code,  (1893)  Art.  48,  Sec.  145. 

Sand,  ashes.  37.  It  shall  be  unlawful  for  any  person  or  persons,  or 
corporation,  to  deposit  or  scatter  sand,  ashes  or  other 
matter  on  any  part  of  the  streets  or  alleys  of  the  city  of 
Baltimore,  excepting  sidewalks  thereof,  in  time  of  ice  or 
sleet.  Any  person  or  persons,  or  corporation,  violating  the 
provisions  of  this  section,  shall  forfeit  and  pay  a fine  of 
ten  dollars  for  each  and  every  offence;  provided,  that 
nothing  in  this  section  shall  be  so  construed  as  to  prevent 
■sand  and  City  passcngcp  railway  companies  from  placing  sand  on 

Sed®  their  rails  at  heavy  grades,  nor  where  a street  would  be 

impassable,  unless  sand  or  ashes  be  placed  therein,  in 
which  case  sand  and  ashes  may  be  temporarily  used  for 
such  purpose. 


ART.  25.]  FISH — GARBAGE  and  GARBAGE  CARTS — ORDINANCES.  971 

Ord.  33,  March  21,  1892.  City  Code,  (1893)  Art.  46,  Sec.  36. 

38.  It  shall  not  be  lawful  for  any  person  or  persons 
whomsoever,  or  for  any  body  corporate,  to  deposit  or  cause 

to  be  deposited  in  the  space  formed  by  Park  avenue  and  park  avenue. 
Fayette  and  Liberty  streets,  any  ice,  snow,  dirt,  sand, 
stones,  lumber  or  other  material;  and  any  person  or  persons 
or  body  corporate,  violating  the  provisions  of  this  section, 
shall  forfeit  and  pay  the  sum  of  ten  dollars  for  each  and 
every  offence,  and  the  additional  sum  of  ten  dollars  for  penalty, 
each  and  every  day  that  any  article  or  articles  deposited 
upon  said  space  in  violation  of  the  provisions  of  this 
section  shall  remain  thereon. 

Fish. 

City  Code,  (1879)  Art.  53,  Sec.  66.  City  Code,  (1893)  Art.  54,  Sec.  66. 

39.  If  any  person  shall  clean,  scale  or  wash  any  fish.  Nuisances  near 
meat,  clothes,  or  any  other  thing  which  may  be  liable  to  pumps  or 
create  a nuisance,  or  render  the  street,  lane  or  alley  foul 

or  unclean,  near  any  of  the  public  pumps,  springs  or  foun- 
tains in  the  city;  every  person  so  offending  shall  forfeit 
and  pay  a sum  not  exceeding  five  dollars. 


City  Code,  (1879)  Art.  23,  Sec.  50.  City  Code,  (1893)  Art.  23,  Sec.  72. 

40.  All  fish  kept  in  the  city  shall  be  placed  under 
roof  within  twenty-four  hours  after  landing  and  inspection, 
and  kept  under  cover,  under  a penalty  of  one  dollar  a barrel 
for  each  and  every  day  the  same  may  remain  on  the  streets 
or  wharves  of  the  city. 

Garbage  and  Garbage  Carts. 

City  Code,  (1879)  Art.  23,  vSec.  94.  City  Code,  (1893)  Art.  48,  Sec.  191. 

41.  It  shall  not  be  lawful  for  any  person  or  persons  no  sign  or  beii 
engaged  in  the  collection  of  offal  or  coal  and  other  ashes, 

not  employed  by  the  city,  to  have  a sign  on  his,  her  or 
their  cart  or  carts,  nor  shall  any  bell  or  horns  be  used;  and 
any  person  or  persons  violating  the  provisions  of  this  sec- 
tion shall  be  fined  one  dollar  for  each  and  every  offence. 


972 


Penalty  for 
failure  to  re- 
move gar- 
bage. 


Regulations  as 
to  garbage 
carts. 


Carts  to  be 
strong  and 
tight. 


POLICE— ORDINANCES.  [arT.  25. 

City  Code,  (1879)  Art.  23,  Sec.  95.  City  Code,  (1893)  Art.  48,  Sec.  192. 

42.  If  any  person  or  persons  engaged  in  the  collection 
of  offal  or  coal  and  other  ashes,  employed  by  the  city,  shall 
neglect  or  refuse  to  take  and  carry  away  any  such  offal 
or  ashes  set  out  as  required  by  this  Article,  within  six  hours 
after  he  or  they  shall  be  informed  or  be  aware  of  the  same 
being  so  set  out,  he  or  they  shall  be  subject  to  a penalty  of 
one  dollar  for  each  and  every  such  neglect  or  refusal. 


Ord.  38,  April  28,  1891.  City  Code,  (1893)  Art.  48,  Sec.  195. 

43.  No  cart  or  other  vehicle  for  carrying  any  offal, 
swill,  garbage,  rubbish  and  animals  or  parts  thereof,  of  it- 
self offensive,  or  having  upon  it,  or  contained  in  it  any 
thing  or  substance  of  a noxious  or  offensive  character 
or  odor  shall  without  necessity  therefor,  stand  or  remain, 
nor  shall  a needless  number  gather  before  or  near  any 
place  of  business  or  building,  or  other  premises  where  any 
person  may  be;  nor  shall  any  such  cart  or  vehicle  occupy 
an  unreasonable  length  of  time  in  loading  or  unloading,  or 
in  passing  along  any  street,  or  through  any  inhabited  place 
or  ground;  nor  shall  any  such  cart  or  vehicle  or  driver 
thereof,  or  anything  thereto  appertaining,  be  (or  by  any 
person  having  a right  to  control  the  same  be  allowed  to  be) , 
in  a condition  needlessly  filthy  or  offensive;  and  when  not 
in  use,  all  such  carts,  vehicles  and  all  implements  used  in 
connection  therewith  shall  be  stored  and  kept  in  some  place 
where  no  needless  offence  shall  be  given. 


Ord.  38,  April  28,  1891.  City  Code,  (1893)  Art.  48,  Sec.  196. 

44.  All  carts  or  vehicles  for  carrying  noxious  or  offensive 
substances,  boxes,  tubs  and  receptacles  in  which  any 
noxious  or  offensive  substance  may  be,  or  may  be  carried, 
shall  be  strong  and  tight,  and  the  sides  shall  be  so  high 
above  the  load  or  contents  that  no  part  of  such  contents  or 
load  shall  fall,  leak  or  spill  therefrom,  and  the  cart, 
vehicle  or  vessel  carried  by  it  shall  be  so  covered  as  to  be 
inoffensive. 


ART.  25.]  GARBAGE  AND  GARBAGE  CARTS  — ORDINANCES. 


973 


Ord.  38,  April  28,  1891.  City  Code,  (1893)  Art.  48  Sec.  197. 

45.  No  driver  of  such  cart  or  vehicle,  nor  any  person  cleanliness  re- 
having undertaken  or  being  engaged  about  the  loading  or 
unloading  thereof;  nor  person  engaged  about  the  cleaning 

or  employing  or  having  undertaken  to  empty  or  remove 
any  garbage,  offal  or  any  noxious  or  offensive  substance, 
shall  do  or  permit  to  be  done  about  the  same,  or  in  connec- 
tion therewith,  that  which  shall  be  needlessly  offensive  or 
filthy  in  respect  to  any  person,  street,  place,  building  or 
premises. 

Ord.  38,  April  28,  1891.  City  Code,  (1893)  Art.  48,  Sec.  198. 

46.  No  person  shall  allow  any  cart  or  vehicle  to  be  so  No  garbage , 
fully  loaded  or  being  in  such  bad  condition  of  repair  or  of  dropped  in 
such  faulty  construction,  or  being  so  improperly  drawn  or 
managed,  that  any  offensive  liquid  or  any  garbage,  rubbish, 

offal,  dirt  or  material  thereon,  shall  escape,  leak  or  fall 
therefrom  upon  or  in  any  street,  lane,  alley,  place  or 
premises;  and  it  shall  be  the  duty  of  every  such  person  to 
at  once  replace  on  such  vehicle  and  remove  whatever  has 
so  escaped,  leaked  or  fallen  therefrom. 


Ord.  38,  April  28,  1891.  City  Code,  (1893)  Art.  48,  Sec.  199.  Ord.  97. 

March  19,  1906. 

47.  Any  person  who  violates,  disobeys,  omits,  neglects  Penalty, 
or  refuses  to  comply  with,  or  resists  any  of  the  provisions 
of  sections  43  to  46,  inclusive  of  this  Article,  shall  be 
subject  to  a fine  of  not  more  than  twenty  dollars  ($20), 
for  each  offence;  provided,  that  the  provisions  of  said 
sections  shall  apply  to  the  removal  of  stable  manure,  only 
so  far  as  overloading  and  spilling  on  the  streets. 


City  Code,  (1879)  Art.  23,  Sec.  98.  City  Code,  (1893)  Art.  48,  Sec.  200. 

48.  The  owner  of  every  cart,  wagon  or  other  carriage  Carts  to  be 
employed  in  removing  or  carrying  any  sand,  ashes,  dirt,  a^dU?ure 
gravel,  loam,  earth,  manure,  filth,  stone,  brick  or  coal,  ^nveying 
over  any  of  the  streets,  lanes  or  alleys  of  the  city,  shall 
have  and  keep  the  same  in  such  tight  and  secure  condition  ing  litter. 


974 


POI.ICK — ORDINANCES . 


[art.  25. 


as  that  such  ashes,  sand,  dirt,  gravel,  loam,  earth,  manure, 
filth,  stone,  bricks  or  coal  shall  not  be  scattered  or  suffered 
to  fall  on  any  of  the  streets,  lanes  or  alleys  aforesaid,  un- 
der the  penalty  of  two  dollars. 


City  Code,  (1879)  Art.  23,  Sec.  99.  City  Code,  (1893)  Art.  48,  Sec.  202. 

Police  to  report  49.  It  shall  be  the  duty  of  the  police  officers  to  report 
negect  of  Commissiouer  of  Street  Cleaning  all  cases  of  neglect 

or  refusal  on  the  part  of  the  driver  of  any  garbage  cart, 
to  remove  any  garbage  from  any  premises,  when  the  same 
shall  be  properly  placed  on  the  footway. 


Gutters. 

City  Code,  (1879)  Art.  47,  Sec.  124.  City  Code,  (1893)  Art.  48,  Sec.  144. 

Water  from  5Q.  No  porson  or  persons  shall  cast  water  contained  in 

gutters  not 

to  be  thrown  the  gutter  or  gutters  of  any  street,  avenue,  lane  or  alley, 

on  streets.  i ^ i 

upon  the  bed  or  paved  portion  of  such  street,  avenue,  lane 
or  alley,  by  means  of  a scoop,  shovel,  watering-pot,  or  by 
any  other  means  or  contrivance  whatsoever,  and  any 
person  or  persons  who  shall  violate  the  provisions  of  this 
section,  shall  forfeit  and  pay  the  sum  of  five  dollars  for  each 
and  every  offence  provided,  that  no  portion  of  this  section 
shall  in  any  way  impair  the  privileges  accorded  to 
builders  by  the  provisions  of  Article  3 of  this  Code. 


City  Code,  (1879)  Art.  23,  Sec.  31.  City  Code,  (1893)  Art.  23,  Sec.  47. 

Gutters  to  be  51.  It  shall  be  the  duty  of  each  and  every  occupier  of 
any  house,  or  owner  of  any  lot  within  the  city  limits, 
fronting  a paved  street,  lane  or  alley,  to  keep  the  gutter 
in  front  of  said  house  or  lot  clean  at  all  times  ; and  each 
and  every  person  herein  offending  shall  forfeit  and  pay 
for  each  offence  one  dollar,  notice  having  first  been  given 
to  said  person. 


ART.  25.]  SPRINKIvING  AND  SWKRPING  STREETS — ORDINANCES.  975 

Offensive  Fluids  in  Streets. 

City  Code,  (1879)  Art.  23,  Sec.  32.  City  Code,  (1893)  Art.  23,  Sec.  48. 

52.  If  any  person  shall  cast  or  throw,  discharge 
cause  to  flow  into  any  of  the  streets,  lanes  or  alleys  of  this  in  streets, 
city,  any  blood  or  foul  or  nauseous  liquor,  or  other  liquid 
or  offensive  matter  which  is  likely  to  become  a nuisance, 
or  shall  keep,  collect,  use  or  suffer  to  remain  on  his  or  her 
premises  any  nauseous  liquor,  stagnant  water  or  other 
offensive  matter,  he,  she  or  they  so  offending  shall  forfeit 
and  pay  for  each  and  every  such  offence  a sum  not  exceed- 
ing twenty  dollars. 


Ord.  112,  May  18,  1880.  City  Code,  (1893)  Art.  23,  Sec.  49. 

53.  It  shall  not  be  lawful  for  any  person  or  persons, 

owner  or  owners  of  any  coal  oil  refinery  to  permit  any  Refuse  coai  oii 
refuse  coal  oil  matter,  or  other  offensive  liquid,  which  is 
likely  to  become  a nuisance,  to  flow  into  any  of  the  streets, 
lanes  or  alleys  of  the  city  of  Baltimore,  under  a penalty  of 
twenty  dollars  for  each  and  every  such  offence.  ^ 

Slop  Carts. 

City  Code,  (1879)  Art.  23,  Sec.  49.  City  Code,  (1893)  Art.  23,  Sec.  71. 

54.  Every  person  who  shall  place  or  cause  to  be 
placed  any  slop  cart  on  any  footway,  or  place  any  trough 

across  any  footway,  for  the  purpose  of  Ailing  or  emptying  footways, 
any  slop  cart,  shall  forfeit  and  pay  the  sum  of  one  dollar 
for  each  and  every  offence. 

Sprinkling  and  Sweeping  Streets. 

Ord.  78,  May  18,  1882.  City  Code,  (1893)  Art.  48,  Sec.  157. 

55.  Any  person  or  persons  who  shall  sweep  the  bed  of 

the  street  beyond  the  gutter  without  first  sprinkling  the  streets  to  be 
same  sufficiently  with  water  to  prevent  the  dust  from  f Jr”  being 
rising,  shall  be  fined  the  sum  of  one  dollar  for  each 
offence. 


See,  note,  page  394,  City  Code,  (1879.) 


976 


POLICE — ORDINANCES . 


[art.  25. 


LANDMARKS  OF  STREETS. 

Ord.  144,  November  2,  1904. 

shall  unlawfully  remove,  mutilate,  or 
landmarks,  lyiauner  disturb  any  of  the  landmarks  established 

throughout  the  the  city  of  Baltimore  by  the  City  Engineer 
for  the  purpose  of  fixing  and  marking  the  lines  of  the 
public  streets,  lanes  and  alleys  within  the  city  of  Balti- 
more shall  be  guilty  of  a misdemeanor,  and  upon  conviction 
thereof,  shall  be  subject  to  a fine  of  not  less  than  ten 
dollars  ($10)  nor  more  than  one  hundred  dollars  ($100)  for 
each  and  every  offence. 


LAMPS,  LAMP  POSTS  AND  PILLARS. 

City  Code,  (1879)  Art.  47,  Sec.  90.  City  Code,  (1893)  Art.  48,  Sec.  101. 

Ord.  18,  March  8,  1894. 

shsll  not  be  lawful  for  any  person  or  persons 

ingf  of  other  than  such  persons  as  are  legally  authorized  for  that 

streets,  . 

etc.  purpose  to  light  or  extinguish  any  of  the  public  lamps  of 

the  city  of  Baltimore,  or  to  turn  the  stop-cock  of  any  such 
public  lamps,  or  to  do  any  other  thing  to  increase  or 
diminish  the  flow  of  gas  or  oil  therein,  or  to  attach  any- 
thing to  any  public  lamp  or  lamp  post,  or  to  interfere  in 
any  way  with  the  lighting  of  the  streets,  lanes,  alleys  or 
sidewalks  of  the  city  of  Baltimore,  or  to  remove  or  in  any 
way  damage  any  public  lamp  or  lamp  post  in  said  city  or, 
to  post  or  paste  any  notice  or  advertisement  on  any  such 
lamp  or  lamp  post ; and  any  person  violating  the  provisions 
of  this  section  shall  forfeit  and  pay  the  sum  of  five  dollars 
($5)  for  each  and  every  offence,  and  in  addition  shall  pay 
the  costs  of  all  damage  to  said  lamp  or  lamp  post. 

City  Code,  (1879)  Art.  47,  Sec.  88.  City  Code,  (1893)  Art.  48,  Sec.  99. 

Injury  to  58.  If  any  porson  or  persons  shall  injure  or  destroy 

lamps,  etc.  , .n  ■,  i i t 

any  lamp  post,  pillar  or  lamp,  or  any  other  public  property 
of  any  kind,  he  or  they  shall  forfeit  and  pay  a sum  not 
exceeding  ten  nor  less  than  five  dollars,  and  also  pay  the 
expense  of  renewing  or  repairing  the  same. 


Penalty. 


ART.  25.]  MALICIOUS  DESTRUCTION  OP  PROPERTY — ORDINANCES.  977 


MALICIOUS  DESTRUCTION  OF  PROPERTY. 

Ord.  146,  October  23,  1891.  Ord.  208,  May  13,  1899.  City  Code,  (1893) 

Art.  7,  Sec.  91. 

59.  If  any  person  or  persons  shall  wilfully  and  malici-,  . 

. . Malicious  in- 

ously  destroy,  inj  ure  or  deface  any  house  or  premises  within 
the  city,  or  any  article  of  furniture  or  other  chattel  in  any  fences, 
house  or  premises  in  the  city,  or  any  fence  or  enclosure  or 
any  other  appurtenances  belonging  to  any  house  or 
premises  in  the  city,  such  person  or  persons  shall,  for  each 
and  every  such  offence,  forfeit  and  pay  not  less  than  ten 
nor  more  than  twenty  dollars,  and  shall,  moreover,  be 
liable  to  pay  all  expenses  of  repairing  the  said  injury  or 
injuries. 


Ord.  50,  April  28,  1882.  City  Code,  (1893)  Art.  46,  Sec.  23. 

60.  It  shall  not  be  lawful  for  any  person  or  persons  to 

...  ITT  trespass  on 

walk  upon  or  otherwise  injure  the  grass,  trees  or  shrubbery  grass  or 

shrubbery, 

upon  the  squares  around  Washington  Monument,  known 
as  Mount  Vernon  Place  and  Washington  Place.  All  persons 
guilty  of  violating  the  provisions  of  this  section,  shall  be 
subject  to  a fine  of  one  dollar  for  every  offence. 

MONUMENTS. 

City  Code,  (1879)  Art.  45,  Sec.  1.  City  Code,  (1893)  Art.  46,  Sec  1. 

61.  If  any  person  shall  injure  or  deface  the  Washington 

or  Battle  monuments,  their  ornamental  figures  or  sculpture,  ^Tnfiries°to 
or  the  enclosure  or  railing  around  either  of  them,  such 
person  shall,  for  every  such  offence,  forfeit  and  pay  a sum 
not  exceeding  twenty  dollars,  and  shall,  moreover,  be 
liable  to  pay  all  expenses  in  repairing  the  said  injury  or 
injuries. 


MUSEUMS  OF  ANATOMY. 

Ord.  74.  May  8,  1896. 

62.  It  shall  not  be  lawful  for  any  person  to  display  or 
expose  in  any  show  window  or  window  of  any  building,  or  ^or 
in  any  showcase,  or  in  any  manner  whatsoever,  on  any  museu^m  in^ 
avenue,  street,  lane  or  alley  in  Baltimore  city,  a museum  window. 


978 


POLICE — ORDINANCES . 


[x\RT.  25. 


or  any  part  of  a museum  of  anatomy;  any  person  wilfully 
exposing  or  displaying  any  such  museum  or  any  part  of 
said  museum  of  anatomy,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  pay  a fine  of  not 
more  than  twenty  dollars  ($20)  and  not  less  than  five 

Penalty.  dollarS  ($5) . 

NEWSPAPER  REPRESENTATIVES.** 

Orel.  132,  September  26,  1894. 

63.  The  Journalists’  Club  of  Baltimore  City,  a body 

Authority  to  uudor  the  laws  of  Maryland,  is  authorized  to 

issue  badges,  adopt  and  issue  to  any  active  writer  on  a reputable  daily 
newspaper  in  the  city  of  Baltimore,  and  to  the  representa- 
tives of  the  press  associations  recognized  as  newsgathering 
agencies,  badges  of  appropriate  design  and  consecutively 
numbered;  such  badges  to  be  subject  to  the  approval  and 
endorsement  of  the  Board  of  Police  Commissioners  of 
Baltimore  City,  and  of  the  Board  of  Fire  Commissioners 
of  Baltimore  City,  and  to  be  constantly  under  the  control 
and  supervision  of  the  said  Journalists’  Club  of  Baltimore 
City,  and  governed  by  rules  formulated  by  that  organization. 

Ord.  132,  September  26,  1894. 

64.  Whenever  any  person  to  whom  the  badge  has  been 
issued  shall  be  guilty  of  a misuse  of  such  badge,  or  an 

^thimisise  of  privilege  conferred  thereby,  such  badge  shall 

badges.  be  taken  from  such  person  by  the  revocation  of  his  lease 
by  the  said  Journalists’  Club  and  the  return  of  the  con-^ 
sideration  therefor. 

Ord.  132,  September  26,  1894. 

65.  Any  person  who  shall  obtain  or  attempt  to  obtain 
any  privileges  by  the  misuse,  fraudulent  use,  duplication 

Relating  to  ob-  Qp  countcrfcit  of  such  badge,  or  who  shall  in  any  wise 
thfmisJse  i^^PC>se  upon  the  police  or  other  public  authorities  or 
hadgfs  officials  by  means  of  such  badge  shall  be  deemed  guilty  of 
a misdemeanor,  and  upon  conviction  shall  be  fined  not  less 

Penalty.  than  One  dollar  or  more  than  ten  dollars. 

**NoTE. — It  may  be  questioned  whether  the  New  City  Charter  author- 
izes this  legislation. 


ART.  25.]  OBSTRUCTIONS  IN  STREETS — ORDINANCES. 


979 


Ord.  132,  September  26,  1894. 

66.  Any  person  who  shall  duplicate  or  counterfeit  any 
badge  or  badges  adopted  by  the  Journalists'  Club  of  Balti- 
more  City,  as  provided  herein,  for  the  purpose  of  obtaining  badges, 
or  enabling  others  to  obtain  any  of  the  privileges  accorded 
to  the  authorized  wearers  of  such  badges,  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  shall  be  fined 
not  less  than  five  dollars  nor  more  than  twenty-five 
dollars. 


OBSTRUCTIONS  IN  STREETS. 

City  Code,  (1879)  Art.  47,  Sec.  116.  City  Code,  (1893)  Art.  48,  Sec.  135. 

67.  No  person  or  persons  shall  in  any  manner  obstruct  obstructions 
any  of  the  streets,  lanes  or  alleys  of  the  city,  or  the  or  gutters, 
gutters  thereof,  except  in  the  immediate  act  of  moving  or 
removing  some  article  in  the  way  of  their  trade  or  business, 
or  for  the  use  of  their  families;  every  person  so  offending 
shall  forfeit  and  pay  the  sum  of  one  dollar.  * 


Barrels,  Boxes,  Crates  and  Hogsheads. 

City  Code,  (1879)  Art.  47,  Sec.  115.  City  Code,  (1893)  Art.  48,  Sec.  134. 

68.  If  any  person  or  persons  shall  place  or  cause  to  be  Boxes,  barrels 
placed,  in  any  street,  lane  or  alley  in  the  city,  any  barrel, 
hogshead,  box,  crate  or  other  package,  and  shall  suffer 
the  same  to  remain  for  a longer  time  than  twelve  hours, 
or  in  any  instance  after  sunset,  every  person  so  offending 
shall  forfeit  and  pay  one  dollar,  and  the  further  sum  of  one 
dollar  for  every  day  the  same  shall  be  suffered  to  remain, 
and  in  no  case  shall  any  person  be  permitted  to  use  more 
space  than  one-half  of  the  foot  pavement  by  placing  the 
above  named  articles  thereupon,  under  a penalty  of  one 
dollar  for  each  and  every  offence. 


*Note.— In  relation  to  obstruction  of  sidewalks  and  streets,  see,  Balti- 
more City  V.  Walker,  98  Md,  637  and  Brauer  v.  Baltimore  Refrig.  Co., 
99  Md.  367. 


980 


POI.ICE — ORDINANCES . 


[art.  25. 


Dangerous  and  Unhealthy  Substances. 

City  Code,  (1879)  Art.  23,  Secs.  41,  101.  Ord.  94,  June  17,  1886.  City 
Code,  (1893)  Art.  23,  Secs.  58,  104.  City  Code,  (1893)  Art. 

48,  Secs.  157A,  204.  Ord.  46,  March  22,  1893. 

^n^ot  shall  not  be  lawful  for  any  person,  persons  or 

sfr?eTs?&c.°  corporation,  to  place,  deposit,  cast  or  throw  any  hoops, 
wire,  glass,  boards  or  other  wood  with  nails,  or  nails  of 
any  kind  which  may  be  dangerous  to  horses’  feet,  or  any 
dead  animal,  manure,  offal,  garbage,  ashes,  fruit  skins, 
dirt,  filth,  shavings,  rubbish,  noxious  fluid  or  substance, 
or  litter,  oyster  shells,  clam  shells,  paper,  sweepings  or 
refuse  of  any  kind  whatever,  upon  or  into  any  gutter, 
street,  alley,  lane,  market  place,  wharf  or  other  public 
place  within  the  limits  of  this  city;  except  when  the  same 
may  have  been  removed  from  his,  her,  their  or  its  premises 
for  immediate  removal  from  any  gutter,  street,  alley,  lane, 
wharf  or  other  public  place  aforesaid. 


Ord.  46,  March  22,  1893.  City  Code,  (1893)  Art.  48,  Sec.  157B. 
cej^tain^artkies  7Q.  It  shall  uot  be  lawful  for  any  person  or  persons  to 
street^&c  maintain  upon  any  street,  lane,  alley  or  other 

public  place  within  the  limits  of  this  city,  any  box,  bin, 
barrel  or  other  receptacle  for  the  reception  of  garbage, 
ashes,  litter  or  rubbish  of  any  sort,  except  that  in  order  to 
facilitate  the  removal  of  garbage  and  ashes,  it  shall  be 
lawful  for  the  occupant  of  any  premises  to  place  daily  upon 
the  sidewalk  in  the  rear  of  such  premises,  or  in  front  of 
premises  to  which  there  is  no  rear  entrance  accessible  to 
the  drivers  of  the  city  garbage  carts,  suitable  boxes  or 
Boxes  for  gar-  vossels  as  by  ordinance  prescribed  for  garbage  and  ashes, 
and  to  allow  the  same  to  remain  until  emptied  by  the  drivers 
of  the  city  garbage  carts,  provided  that  such  boxes  or 
other  vessels  shall  in  all  cases  be  removed  from  the  side- 
walk within  one  hour  after  they  shall  have  been  emptied 
by  the  drivers  of  the  city  garbage  carts. 


Ord.  46,  March  22,  1893.  City  Code,  (1893)  Art.  48,  Sec.  157C. 

^blkept^n-  71.  Every  occupant  of  any  premises  within  the  city,, 

obstructed.  owncr  of  premises  that  may  be  vacant,  shall  ba 


ART.  25.]  DIRT,  LUMBER,  ETC. — ORDINANCES. 


981 


required  to  keep  the  sidewalk  bounding  upon  such  premises 
and  the  gutters  belonging  thereto,  open  and  free  from 
obstructions. 


Ord.  46,  March  22,  1893.  City  Code,  (1893)  Art.  48,  Sec.  157D. 

72.  If  any  of  the  substances  mentioned  in  section  69  of  penalty  for 

1 1 violation  c 

this  Article  are  thrown  or  carried  from  any  house,  ware- 
house,  shop,  cellar,  yard  or  other  place,  and  left  in  any  of  tions. 
the  places  specified  in  said  section,  the  occupant  of  such 
house,  warehouse,  shop,  cellar,  yard  or  other  premises,  or 
owner  thereof,  if  vacant,  and  the  person  who  actually 
threw,  carried  or  left  the  same,  or  who  caused  the  same  to 
be  thrown,  carried  or  left,  shall  severally  be  held  liable 
for  a violation  of  section  69  of  this  Article ; and  every 
wilful  violation  of  the  three  next  preceding  sections  of  this 
Article  shall  be  punished  by  a fine  of  not  less  than  two 
dollars  nor  more  than  ten  dollars,  or  by  imprisonment  in 
the  city  jail  for  not  more  than  five  days. 


Dirt,  Lumber,  etc. 

City  Code,  (1879)  Art.  47,  Sec.  119.  City  Code,  (1893)  Art.  48,  Sec.  139. 

73.  If  any  person  or  persons  shall  place  or  cause  to  be 
placed  within  the  streets,  lanes  or  alleys  of  the  city,  any 
dirt,  lumber  or  other  obstruction  to  the  free  egress  or  in- 
gress through  such  street,  lane  or  alley,  and  shall  permit 
the  same  to  remain  more  than  twenty-four  hours  after 
being  notified  by  the  City  Engineer  or  any  of  the  police 
officers  to  remove  the  same,  he,  she  or  they  shall  be  sub- 
ject to  a fine  of  five  dollars  for  each  day  it  shall  so  remain; 
and  the  City  Engineer  is  hereby  authorized  and  empowered 
to  remove,  or  cause  to  be  removed,  all  manner  of  obstruc- 
tions to  the  passage  through  the  streets,  lanes  or  alleys 
which  he  shall  find  remaining  in  the  same  an  unnecessary 
length  of  time  ; and  all  expenses  incurred  shall  be  charge- 
able to  the  person  or  persons  who  shall  violate  the 
provisions  of  this  section. 


982 


POI.ICK — OR  DINANCES . 


[art.  25. 


Builders’ 
lege  to 
streets. 


Penalty, 


Builders'  Materials  and  Enclosures  in  Streets. 

City  Code,  (1879)  Art.  7,  Sec.  14.  City  Code,  (1893)  Art.  7,  Sec.  116. 

Ord.  106,  March  30,  1906. 

Sir'*  7 4.  It  shall  and  may  be  lawful  for  any  person  employed 
in  building  or  repairing  any  house  to  occupy  one-third  of 
any  street,  lane  or  alley  of  the  city,  clear  of  the  footways 
in  front  of  any  lot  on  which  such  buildings  are  being 
erected  or  repaired,  with  the  materials  necessarily  used  in 
erecting  and  repairing  such  buildings,  until  the  same  be 
covered  or  repaired, ' and  sixty  days  thereafter,  and  no 
longer,  under  the  penalty  of  forfeiting  one  dollar  for  each 
and  every  day  the  same  shall  be  suffered  to  remain  there- 
after ; also,  to  use  and  occupy  one-third  part  of  such 
street,  lane  or  alley  in  front  of  such  lot  with  plastering, 
mortar  and  other  materials  necessary  for  plastering  such 
house  or  building,  for  ninety  days,  and  no  longer,  under  a 
penalty  of  one  dollar  for  each  and  every  day  the  same  shall 
be  suffered  to  remain  thereafter  ; provided,  however,  that 
on  streets,  lanes  or  alleys  where  street  railway  tracks  are 
now  located,  or  shall  hereafter  be  constructed,  no  materials 
necessarily  used  in  erecting  and  repairing  buildings  or 
materials  necessary  for  plastering  such  buildings,  shall  be 
placed  nearer  to  the  outer  rail  of  said  street  railway  tracks 
than  three  feet ; and  if  any  person  or  persons  shall  occupy 
more  than  one-third  of  the  width  of  any  street,  lane  or 
alley  without  permission  of  the  Mayor,  or  shall  place 
building  material  or  plastering  material  nearer  than  three 
feet  to  the  outer  rail  of  any  street  railway  tracks,  he,  she 
or  they  shall  be  subject  to  a fine  of  not  less  than  one  dollar 
nor  more  than  five  dollars  for  each  and  every  day  the 
same  shall  be  suffered  to  remain.  It  shall  and  may  be 
lawful  for  any  person  employed  in  building  or  repairing 
any  house  to  enclose  the  front  part  thereof,  provided  the 
said  enclosure  does  not  project  more  than  four  and  a half 
feet  on  the  foot- way  or  remain  more  than  sixty  days  after 
the  house  is  covered,  without  the  permission  of  the  City 
Engineer ; and  any  person  offending  against  these  provi- 
sions shall  be  subject  to  a penalty  of  five  dollars  for  each 
and  every  day  the  said  enclosure  shall  remain. 


ART.  25.]  FIRES  AND  HORSES  IN  STREETS — ORDINANCES. 


985 


Fires  and  Horses  in  Streets. 

City  Code,  (1893)  Art.  48,  Sec.  140.  Ord.  118,  July  25,  1896.  Ord.  155, 

October  29,  1896. 

75.  If  any  person  shall  cause  any  horse,  mare,  gelding  Relating  to 
or  mule  to  stand  in  any  of  the  streets,  lanes  or  alleys 
within  the  city  limits,  whether  he  is  shoeing  or  preparing  m^kSg°fire 
to  shoe  or  tightening  the  shoes  of  any  such  horse,  mare, 
gelding  or  mule,  or  shall  make  any  fire  in  any  street,  lane 
or  alley,  every  such  person  shall  forfeit  and  pay  a sum  not  penalty, 
exceeding  ten  dollars  ($10) ; provided,  that  it  shall  and 
may  be  lawful  for  any  person  to  kindle  and  use  a fire  made 
of  charcoal  or  coke  on  any  street,  lane  or  alley  in  the  city 
of  Baltimore  for  the  purpose  of  preparing  any  article  to  be 
used  in  the  construction  of  any  house,  cellar,  or  pavement,  conditions  un- 
if  not  made  more  than  one-fourth  the  width  of  the  street,  tVe  may  be 
lane  or  alley  in  front  of  the  property  to  be  improved  or 
occupied,  and  for  no  longer  time  than  six  days  at  any  one 
place.  But  no  such  fires  shall  be  kindled,  made  or  used 
without  the  consent  of  the  persons  occupying  the  property 
on  the  square  on  which  said  house,  cellar,  pavement  or 
other  improvement  is  to  be  made,  shall  be  first  obtained 
and  filed  with  the  City  Engineer  ; nor  until  special  appli- 
ances to  protect  the  paving  from  heat,  to  the  satisfaction 
of  the  City  Engineer,  shall  have  been  first  provided,  and 
his  approval  thereof  in  writing  obtained. 


Snow. 

City  Code,  (1879)  Art.  47,  Sec.  125.  City  Code,  (1893)  Art.  48,  Sec.  147. 

76.  It  shall  be  the  duty  of  each  and  every  person,  incor-  Removal  of 
porated  society,  public  institution  or  other  corporation,  using 
or  occupying  in  any  manner,  or  for  any  purpose  whatsoever, 
any  house,  store,  shop,  stable  or  tenement  of  any  kind,  and 
of  persons  having  charge  of  churches  and  public  buildings  of 
every  description,  and  of  owners  of  unoccupied  houses  and 
unimproved  lots,  situate  on  any  paved  street,  lane  or  alley 
in  the  city,  within  three  hours  after  the  fall  of  any  snow, 

(unless  the  snow  shall  have  ceased  to  fall  between  the 
hours  of  three  o'clock  in  the  afternoon  and  six  in  the 


984 


POI.ICK — ORDINANCES . 


[art.  25. 


Salt  not  to 
be  used  to 
melt  ice  o: 
snow. 


morning,  in  which  case  it  shall  be  removed  before  eleven 
o’clock  in  the  morning),  to  remove  and  clear  away,  or 
cause  to  be  removed  and  cleared  away,  the  same  from  the 
foot  pavements  fronting  the  respective  houses,  stores, 
shops,  stables,  churches;  buildings  or  lots  so  used,  occupied 
or  owned  by  them,  or  under  their  charge,  in  such  manner 
as  not  to  obstruct  the  passage  of  the  water  in  the  gutters, 
under  a penalty  of  two  dollars  for  every  neglect,  beside 
the  expense  of  cleaning  the  same  away  by  the  Commis- 
sioner of  Street  Cleaning  pursuant  to  section  2 of  Article 
36,  title  ‘ ‘Street  Cleaning.  ” And  it  shall  further  be  the 
duty  of  the  said  persons,  corporations,  their  agent  or 
agents  to  keep  the  gutter  or  gutters  leading  to,  and 
the  pavements  or  sidewalks  situate  in  front,  or  at  the  rear 
or  sides  of  such  tenements  above  enumerated,  free  from  ice 
and  every  obstruction  of  whatever  nature  ; and  every  such 
owner,  tenant  or  person  having  in  charge  such  premises 
who  shall  fail  to  remove  any  such  obstruction  by  ice  or  any 
other  cause,  for  three  hours  after  notification  duly  served 
on  him,  her  or  them  by  any  police  officer  of  the  district, 
shall  forfeit  and  pay  two  dollars  for  such  failure,  and  one 
dollar  additional  for  each  and  every  day  the  obstruction 
may  continue. 

Mayor  v.  Marriott,  9 Md.  160.  Altvater  v.  Mayor,  31  Md.  462.  Flynn 
V.  Canton  Co.,  40  Md.  312.  Brotherton  v.  Police  Board,  49  Md.  495. 


Ord.  5,  November  14,  1885.  City  Code,  (1893)  Art.  48,  Sec.  149. 

77.  No  person  or  persons,  or  corporation,  shall  cast, 
throw,  sprinkle  or  place  salt  or  any  saline  substance  upon 
any  pavement,  street,  lane,  alley,  or  car  track  whatever, 
within  the  corporate  limits  of  the  city  of  Baltimore,  for  the 
purpose  of  removing  or  melting  ice  or  snow,  without  the 
consent,  in  writing,  of  the  Mayor  first  had  and  obtained, 
such  consent  to  be  given  by  the  Mayor  in  cases  of  absolute 
necessity;  any  person  or  persons  or  corporation  violating 
the  provisions  of  this  section  shall  be  liable  to  a penalty  of 
not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars 
for  each  square  or  part  of  square  upon  which  salt  or  any 
other  saline  substance  may  be  cast,  thrown,  sprinkled 
or  placed. 


ART.  25.]  PISTOTS  AND  FIREARMS.— ORDINANCES. 


985 


PISTOLS  AND  FIREARMS. 

Ord.  25,  November  18,  1905. 

78.  It  shall  be  unlawful  for  any  person  in  the  city  of  Regulating  sale 
Baltimore  to  offer  for  sale,  sell,  give,  purchase  or  loan  any  firearms, 
firearm,  commonly  known  as  a pistol  or  revolver  except  it 
be  in  accordance  with  the  provisions  and  regulations  of  the 
two  next  succeeding  sections  of  this  Article. 


Ord.  25,  November  18,  1905. 

79.  The  person  before  giving,  loaning  or  selling  a pistol  Distinguishing 
or  revolver  shall  stamp  or  affix,  or  have  stamped  or  affixed  Samped  on 
(if  not  already  so  stamped  or  affixed,)  upon  some  con-  fe?Sler°! 
spicuous  part  of  said  pistol  or  revolver,  an  ineffaceable 
mark  of  identification,  such  as  the  name  of  the  manufact- 
urer, the  style  of  the  pistol,  or  any  other  distinctive  sign 
or  number  which  will  specifically  individualize  each  pistol 
from  any  and  all  other  pistols  or  revolvers  of  like  make, 
caliber  or  similarity  of  shape. 


Ord.  25,  November  18,  1905. 

80.  The  person  giving,  loaning  or  selling  said  pistol  or 
revolver,  before  delivering  the  same,  shall  first  ascertain  mark!  and 
the  name  and  residence  of  the  party  to  whom  the  delivery  to  be  kept, 
is  made,  and  after  ascertaining  the  name  and  address  of 
the  borrower,  purchaser  or  donee  of  any  pistol  or  revolver, 
or  the  one  to  whom  said  pistol  or  revolver  may  be  delivered, 
shall  be  required  to  keep  a written  register  of  the  name 
and  residence  of  every  borrower,  purchaser  or  donee  of  any 
such  pistol  or  revolver,  together  with  the  sign,  name  or  ^'Y^ch^reSo?ds 
other  mark  of  pistol  indentification,  which  register  shall 
be  subject  to  the  inspection  of  the  Marshal  of  Police  of 
Baltimore,  or  other  person  by  him  authorized  in  that  behalf, 
and  further,  shall  make  a report  on  or  before  the  first 
Tuesday  in  each  and  every  month,  under  oath,  to  the  said 
Marshal  of  Police,  of  all  said  sales,  loans  or  gifts  made 
during  the  preceding  month,  together  with  the  name,  resi- Reports  to  Mar- 
dence  and  sign  of  identification  of  said  pistol  or  pistols, 


986 


POLICE — ORDINANCES . 


[art.  25. 


sold,  loaned  or  donated,  which  said  report  shall  be  preserved 
in  a special  record  kept  for  that  purpose,  in  the  office  of 
the  Marshal  of  Police. 


Ord.  25,  November  18,  1905. 

enaityforvio-  person  or  persons  who  shall  violate  any  of  the 

provisions  of  the  three  next  preceding  sections  of  this 
Article,  shall  be  deemed  guilty  of  a misdemeanor,  and  shall 
be  subject  to  a fine  of  not  more  than  ten  dollars  for  the 
first  offence,  and  to  a fine  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  the  second  offence,  and  to  a fine 
of  not  less  than  fifty  dollars,  nor  more  than  one  hundred 
dollars  ($100)  or  to  imprisonment  in  the  Baltimore  City 
Jail  for  a period  of  sixty  days,  or  both  in  the  discretion  of 
the  court,  for  the  third  or  oftener  repeated  offence. 


Ord.  25,  November  18,  1905. 

Penalty  for  ob-  82.  Any  person  changing,  destroying  or  defacing  the 
mSs  of  sign,  number  or  other  marks  of  identification  stamped  or 
Identification  ^^p^cd  to  any  pistol  in  compliance  with  section  79  of  this 
Article  shall  be  deemed  guilty  of  a misdemeanor,  and  shall 
be  subject  to  a fine  of  twenty-five  dollars  or  imprisonment 
in  the  Baltimore  City  Jail  for  a period  of  thirty  days,  or 
both  in  the  discretion  of  the  court. 


City  Code,  (1879)  Art.  47,  Sec.  112.  City  Code,  (1893)  Art.  48,  Sec.  129. 

Discharging  83.  If  any  person  shall  fire  or  discharge  any  gun,  pistol 
firearms.  firearms  within  the  city,  unless  it  be  on  some  occasion 
of  military  parade,  and  then  by  order  of  some  officer  hav- 
ing the  command,  every  such  person  for  every  such  offence 
shall  forfeit  and  pay  a sum  not  exceeding  five  dollars;  and 
if  any  gun,  pistol  or  firearms  shall  be  discharged  from  on 
board  any  vessel  within  the  harbor  of  Baltimore,  the  cap- 
tain of  the  vessel,  as  well  as  the  offender,  shall  be  liable 
to  the  said  penalty. 


ART.  25.] 


PUBLIC  SAFETY — ORDIXANCES. 


987 


Ord.  120,  November  1,  1881.  City  Code,  (1893)  Art.  48,  Sec.  130. 

84.  It  shall  not  be  lawful  for  any  person  or  persons  to  Toy  pistols, 
sell,  give  away  or  dispose  of  in  any  manner,  what  is  known 
as  “the  toy  cartridge  pistoF’  within  the  limits  of  the  city 
of  Baltimore  under  a penalty  of  ten  dollars  for  each  and 
every  offence. 


Ord.  120,  November  1,  1881.  City  Code,  (1893)  Art.  48,  Sec.  131. 

85.  Any  person  or  persons  who  shall  fire  off  what  is  penalty, 
known  as  “the  toy  cartridge  pistol’’  within  the  limits  of 
the  city  of  Baltimore,  shall  be  subject  to  a fine  of  tw^o 
dollars  for  each  offence. 


PUBLIC  SAFETY. 

City  Code,  (1879)  Art.  47,  Sec.  128.  City  Code,  (1893)  Art.  48,  Sec.  150. 

86.  It  shall  not  be  lawful  for  any  person  to  throw  ^ny  Buiky^arg:ies 
bale  or  bulky  article  from  the  second  or  higher  story  door 
or  window  into  the  street,  or  to  use,  or  cause  to  be  used, 
in  or  upon  any  street,  lane  or  alley,  wharf  or  place  of 
public  resort,  any  sliding  board,  skid,  or  other  device  or  use  of  skids, 
contrivance,  for  the  purpose  of  receiving  or  delivering 
merchandise,  without  having  the  same  well  secured,  so  as 
to  prevent  the  same  from  slipping;  and  every  person  who 
shall  offend  in  manner  aforesaid  shall  pay  for  every  such 
offence  the  sum  of  twenty  dollars;  provided,  that  this 
section  shall  not  be  construed  to  extend  to  the  removing 
of  any  merchandise  or  other  article  in  case  of  danger  by 
fire  or  other  casualty. 


City  Code,  (1879)  Art.  47,  Sec.  129.  City  Code,  (1893)  Art.  48,  Sec.  151. 

87.  It  shall  not  be  lawful  for  any  person  to  play  at  Bandy,  kites, 
bandy  or  ball,  to  fly  a kite,  or  throw  a stone  or  any  other 
missile  within  the  city,  or  in  any  street,  lane  or  alley 
opened  for  public  use  within  the  limits  of  the  city,  under 
a penalty  of  one  dollar  for  each  offence. 


988 


POLICE — ORDINANCES. 


[art.  25. 


Bicycles  and 
tricycles. 


Not  lawful  to 
coast  on  bi- 
cycles, etc. 


Penalty. 


Coasting  on 
streets  near 
where  same 
are  crossed 
by  tracks, 
prohibited. 


Penalty. 


Hawking 
goods  in 
streets 
after  10  P.  : 
forbidden. 


Ord.  130,  June  11,  1890.  City  Code,  (1893)  Art.  48,  Sec.  152. 

88.  It  shall  not  be  lawful  for  any  person  or  persons  to 
propel  a bicycle  or  tricycle  in  the  public  streets  or  public 
parks  of  the  city  at  night,  unless  each  and  every  bicycle 
or  tricycle  so  propelled  shall  be  provided  with  a lighted 
lamp  or  lantern  when  ridden  after  dark,  under  a penalty 
of  a fine  of  five  dollars  ($5)  for  each  and  every  offence; 
provided,  that  the  terms  of  this  section  shall  not  apply  to 
children  under  fifteen  years  of  age. 


Ord.  4,  December  18,  1893. 

89.  It  shall  not  be  lawful  for  any  person  or  persons 
riding  upon  a bicycle,  tricycle  or  velocipede  on  any  of  the 
streets  of  the  city  of  Baltimore  to  coast  upon  the  said 
vehicle  within  the  built  up  portions  of  the  city,  and 
all  persons  so  riding  shall  keep  their  feet  upon  the  pedals 
and  a hold  upon  the  handle  of  said  vehicle,  so  as  to  have 
the  same  under  proper  control  to  avoid  accidents;  all 
persons  violating  the  provisions  of  this  section  shall  be 
fined  not  less  than  two  dollars  ($2)  and  not  more  than  five 
dollars  ($5)  for  each  and  every  offence. 

See,  Hagerstown  v.  Klotz,  93  Md.  437. 


Ord.  41,  April  29,  1895. 

90.  Any  person  who  shall  coast  down  or  upon  any 
street,  alley  or  other  public  highway  within  two  hundred 
feet  of  the  place  where  the  same  is  crossed  or  intersected 
by  the  tracks  of  any  steam  railroad,  or  by  the  tracks  of 
any  city  passenger  railway,  upon  which  cars  are  propelled 
by  any  species  of  mechanical  traction,  or  who  shall  coast 
down  or  upon  any  street,  alley  or  other  highway  upon, 
which  any  such  tracks  are  laid  or  maintained,  shall  forfeit 
and  pay  a fine  of  two  dollars  for  each  and  every  offence. 

SALES  IN  STREETS. 

Ord.  34,  March  5,  1900. 

91.  It  shall  be  unlawful  for  any  person  to  sell  any 
goods,  wares,  produce  or  merchandise  through  the  streets 
of  Baltimore  after  10  o’clock  P.  M.,  by  calling  out  the 


ART.  25.]  SALES  IN  STREETS — ORDINANCES. 


989 


names  to  attract  attention  to  such  goods,  wares,  produce 
or  merchandise;  any  person  violating  the  provisions  of  this 
section  shall,  upon  conviction  thereof,  be  liable  to  a fine  of  Penalty, 
not  less  than  one  nor  more  than  five  dollars. 


Ord.  139,  July  3,  1889.  City  Code,  (1893)  Art.  48,  Sec.  155. 

92.  Any  person  who  shall  be  found  in  any  of  the  streets  so^kuing  pur- 
er highways,  or  upon  any  sidewalks  or  footways,  engaged  streets, 
in  obstructing  the  passage  along  any  of  the  said  streets  or 
highways,  or  upon  any  of  the  said  sidewalks  or  footways 
by  catching  hold  of,  or  soliciting  persons,  or  in  any  way 
interfering  with  their  free  passage  along  said  streets, 
highways,  sidewalks,  or  footways,  for  the  purpose  of 
inducing  or  compelling  them  to  buy  any  article  or  thing 
from  any  store  or  stand  or  any  livery  or  sale  stable,  shall 
be  subject  to  a fine  of  ten  dollars  for  each  and  every 
offence. 


Ord.  23,  December  4,  1903. 

93.  It  shall  not  be  lawful  for  any  person  or  persons  to  Forbi(Wing^ 
sell,  barter  or  exchange,  or  offer  for  sale,  barter  or  ex-  atre  tickets 
change,  upon  the  public  streets  or  highways,  tickets  of  ^ 
admission  to  any  theatre  or  circus;  any  person  or  persons 
violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a misdemeanor,  and,  on  conviction,  shall  be  Misdemeanor, 
punished  by  a fine  of  ten  dollars  ($10)  for  every  such 
offence. 


Ord.  139,  July  3,  1889.  City  Code,  (1893)  Art.  48,  Sec.  156. 

94.  Any  person  remaining  in  front  of  or  entering  any  Enticing  from 
store  where  goods  are  sold  at  retail,  or  any  livery  or  sale  chasers!'“^' 
stable,  for  the  purpose  of  enticing  away  or  in  any  manner 
interfering  with  any  person  or  persons  who  may  be  in 
front  of  or  who  may  have  entered  therein  for  the  purpose 
of  buying,  shall  be  subject  to  a fine  of  twenty  dollars  for 
each  and  every  offence. 


990 


POI.ICB — ORDINANCES . 


[art.  25. 


Prohibit 
throwing 
waste  matter 
into  sewers. 


Dangerous 

substance 

sidewalk. 


Misdemeanor 
and  penalty. 


Copy  of  ordi- 
nance to  be 
posted  in 
sight. 


SEWERS. 

Ord.  10,  February  24,  1894. 

95.  If  any  person  or  persons  shall  carelessly  throw^ 
sweep  or  place  any  waste  paper,  street  sweepings,  garbage, 
dirt,  or  other  matter  into  any  inlet  of  any  sewer  made  or 
hereafter  to  be  made  in  the  city  of  Baltimore,  he,  she  or 
they  shall  forfeit  and  pay  a fine  of  not  less  than  two  dollars 
nor  more  than  five  dollars  for  each  offence. 

SIDEWALKS. 

Fruit  and  Vegetable  Substances. 

Ord.  15,  February  28,  1894. 

96.  Any  person  who  shall  cast,  throw  or  deposit  on  any 
sidewalk  or  crosswalk  in  any  street,  avenue,  alley  or  public 
place  within  the  city  limits  of  the  city  of  Baltimore  any 
part  or  portion  of  any  fruit,  vegetable  or  other  substance, 
which  when  stepped  upon  by  any  person  is  liable  to  cause 
or  does  cause  him  or  her  to  slip  or  fall,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  before  any  magis- 
trate, shall  be  punished  by  a fine  of  not  less  than  one 
dollar  nor  more  than  five  dollars,  or  in  default  of  the 
payment  of  such  fine,  by  imprisonment  of  not  less  than  one 
day  nor  more  than  ten  days  in  the  Baltimore  City  Jail  at 
the  discretion  of  the  court. 


Ord.  15,  February  28,  1894. 

97.  The  proprietor  of  every  stand,  store  or  other  place 
where  fruit  or  other  substances  mentioned  in  the  next 
preceding  section  of  this  Article  are  sold,  shall  keep  sus- 
pended therein  or  posted  thereon  in  some  conspicuous  place 
constantly,  a copy  of  the  next  preceding  section  of  this 
Article  printed  in  large  type,  so  that  the  persons  purchas- 
ing such  fruit,  vegetable  or  other  substances  may  become 
aware  of  its  provisions;  and  every  such  proprietor  or  agent 
refusing  or  neglecting  to  comply  with  the  provisions  of 
this  section,  shall  be  deemed  guilty  of  a misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a fine  of  five 


ART.  25.]  WATERING  SIDEWALKS  — ORDINANCES. 


991 


dollars  for  such  neglect,  or  in  default  of  payment  thereof 
by  imprisonment  in  the  Baltimore  City  Jail  for  not  less 
than  ten  days  or  more  than  thirty  days  at  the  discretion  of 
the  court. 

Wheelbarrows,  Vehicles,  etc.,  on  Sidewalks. 

City  Code,  (1879)  Art.  47,  Sec.  118.  City  Code,  (1893)  Art.  48,  Sec.  137. 

98.  No  person  shall  wheel  any  wheelbarrow,  or 

or  push  a hand  cart  along  any  of  the  footways  of  the  footways, 
streets,  lanes  or  alleys  of  the  city,  or  place  one  on  the  same, 
under  the  penalty  of  one  dollar;  provided,  that  nothing  in 
this  section  shall  be  constructed  to  prevent  any  person 
from  using  a wheelbarrow  or  hand  cart  in  removing  any 
articles  of  merchandise,  or  materials  necessary  for  building, 
or  family  use,  across  the  said  footways. 

Ord.  33,  April  17,  1885.  City  Code,  (1893)  Art.  48,  Sec.  138. 

99.  It  shall  not  be  lawful  for  vehicles  of  any  descrip- 
tion, drawn  by  horses  or  mules,  to  be  backed  or  drawn  on 

or  over  the  sidewalks  of  the  city,  unless  the  kerbing  of  vehicles  on 
said  sidewalks  be  lowered  to  grade  and  the  sidewalks  so 
paved  and  arranged  to  allow  the  passage  of  such  vehicles, 
without  special  permission  from  the  Mayor  in  each  case. 

Any  person  or  persons  violating  the  provisions  of  this 
section,  shall  be  subject  to  a fine  of  five  dollars  ($5)  for 
each  and  every  offence. 


Watering  Sidewalks. 

Ord.  134,  June  12,  1890.  City  Code,  (1893)  Art.  48,  Sec.  146.  Ord.  12, 
February  24,  1894.  Ord.  105,  May  28,  1894.  Ord.  Ill,  June  6,  1894. 

100.  It  shall  be  unlawful  for  any  person  or  persons  to 
cleanse  by  the  use  of  water  the  sidewalks  upon  the  follow- 
ing streets  between  the  hours  of  eight  A.  M.  and  six  P.  M.  Hours. 
Baltimore  street  from  Harrison  street  to  Carey  street, 
Holliday  street  between  Baltimore  and  Lexington  streets, 
Calvert  street  between  Baltimore  and  Monument  streets, 
Charles  street  between  Baltimore  and  Preston  streets. 


992 


POLICE — ORDINANCES . 


[art.  25. 


Howard  street  from  Baltimore  street  to  Monument  street, 
Eutaw  street  from  Baltimore  street  to  Franklin  street, 
Lexington  street  from  Paca  street  to  Charles  street, 
Fayette  street  from  Charles  street  to  Paca  street;  and  any 
person  or  persons  violating  the  provisions  of  this  section 
Penalty.  shall  be  subject  to  a fine  of  five  dollars  ($5)  for  each  and 
every  offence. 


THEATRICAL  EXHIBITIONS. 

City  Code,  (1879)  Art.  51,  Sec.  1.  City  Code,  (1893)  Art.  52,  Sec.  1. 

101.  Every  person  who  shall  within  the  city  of  Balti- 
more act,  exhibit,  show  or  perform  in,  or  cause  to  be  acted, 
exhibited,  shown  or  performed,  or  be  in  any  manner 
concerned  in  the  acting,  exhibition,  showing  or  perform- 

indecent  or  blasphemous  play,  farce,  opera, 
itions.  public  exhibition,  show  or  entertainment  or  performance 
whatsoever,  or  of  any  indecent  or  blasphemous  part  of  any 
play,  farce,  opera,  public  exhibition,  show,  entertainment 
or  performance  whatsoever,  shall  forfeit  and  pay  for  every 
such  offence  the  sum  of  twenty  dollars. 

Ord.  6,  May  5,  1885.  City  Code,  (1893)  Art.  52,  Sec.  2. 

102.  Every  person  who  shall  give  or  perform,  or  be  in 
sparrmg^ex-  ^^y  manner  concerned  in  any  public  sparring  exhibition 

which  shall  take  place  within  the  limits  of  the  city  of  Balti- 
more, without  having  first  obtained  permission  for  said 
exhibition  from  the  Mayor,  shall  forfeit  and  pay,  for  every 
violation  of  this  section,  the  sum  of  twenty  dollars  ($20). 

City  Code,  (1879)  Art.  51,  Sec.  3.  City  Code,  (1893)  Art.  52,  Sec.  3. 

103.  No  agent,  owner  or  lessee  of  any  house  of  public 
^t^apSepe^-  amusemeut,  or  any  agent,  owner  or  lessee  of  any  show, 

formances.  qj.  public  exhibition  of  any  kind  whatsoever,  shall 

suffer  or  permit  any  person  whomsoever  to  do  or  perform 
those  acts  in  which  feats  of  strength  and  skill  are  exhibited 
by  the  performer  from  apparatus  suspended  at  an  extra- 
ordinary elevation  above  the  stage,  without  first  providing 


ART.  25.]  THEATRICAL  POSTERS — ORDINANCES. 


993 


a network  of  such  character  and  materials  as  in  the  event 
of  any  miscalculation  on  the  part  of  the  performer  or 
performers,  will  be  the  means  of  saving  him,  her  or  them 
from  accident  or  injury. 


City  Code,  (1879)  Art.  51,  Sec.  4.  City  Code,  (1893)  Art.  52,  Sec.  4. 

104.  Any  agent,  owner  or  lessee  of  any  house  of  public 
amusement,  or  any  agent,  owner  or  lessee  of  any  show, 
circus  or  public  exhibition  of  any  kind  whatsoever, 
offending  against  the  provisions  of  the  next  preceding 
section,  shall  forfeit  and  pay  a fine  of  fifty  dollars  Penalty, 
for  every  time  such  offence  may  be  committed  in  his,  her 
or  their  house  or  place  of  public  amusement. 


Theatrical  Posters,  etc. 

City  Code,  (1879)  Art.  7,  Sec.  18.  City  Code,  (1879)  Art.  33,  Sec.  16. 

City  Code,  (1893)  Art.  33,  Sec.  16.  City  Code,  (1893)  Art.  7,  Sec.  92. 

105.  It  shall  not  be  lawful  for  any  person  or  persons  to  Defacing  wiis 
destroy,  tear,  or  otherwise  deface  any  bill  which  it  may  be 
lawful  to  post,  descriptive  of  any  performance,  meeting  or 
other  assemblage,  either  by  posting  other  bills  over  the 
same  or  in  any  other  manner. 


City  Code,  (1879)  Art.  7,  Sec.  19.  City  Code,  (1893)  Art.  7,  Sec.  93. 

City  Code,  (1879)  Art.  33,  Sec.  16.  City  Code,  (1893)  Art.  33,  Sec.  16. 

106.  Any  person  or  persons  who  shall  violate  any  of 
the  provisions  of  the  next  preceding  section  shall  forfeit 
and  pay  for  each  and  every  offence  the  sum  of  two  dollars;  penalty, 
provided,  that  nothing  contained  in  the  next  preceding 
section  shall  be  construed  to  permit  any  person  or  persons 
to  post  bils  of  any  kind,  unless  the  same  is  done  with  the 
consent  of  the  owners  or  occupants  of  property  where  said 
bills  are  proposed  to  be  posted.  The  provisions  of  this  and 
the  next  preceding  section  shall  not  apply  to  any  bills 
which  do  not  on  their  face  indicate  the  month  in  which  Proviso, 
they  were  posted. 


994 


POI.ICK  — ORDINAN  CES . 


[art.  25. 


Injury  or  de- 
struction of 
trees. 


Political  pa- 
rades at 
night. 


TREES. 

City  Code,  (1879)  Art.  47,  Sec.  122.  City  Code,  (1893)  Art.  48,  Sec.  142. 

107.  If  any  person  or  persons  shall  wilfully  break,  pull 
down,  hurt  or  destroy  any  tree  or  trees,  or  inclosure 
around  the  same,  which  are  now  or  may  hereafter  be 
planted  near  the  kerb  or  gutter  of  any  of  the  streets,  lanes 
or  alleys  of  the  city,  or  in  any  other  public  grounds  within 
the  city,  such  person  or  persons  so  offending  shall  forfeit 
and  pay  five  dollars  for  every  such  offence ; provided 
always  that  nothing  herein  contained  shall  be  so  construed 
as  to  prevent  the  City  Engineer  from  removing  any  tree 
or  trees,  or  part  thereof,  which  he  may  deem  so  situated 
as  to  obstruct  the  carriage  or  footways,** 

VARIOUS  STREET  REGULATIONS. 

Parades  in  Streets. 

Ord.  175,  October  31,  1890.  Ord.  9,  March  13,  1891.  City  Code,  (1893) 
Art.  48,  Sec.  153. 

108.  It  shall  not  be  lawful  for  any  political  organization 
to  parade  through  the  streets  of  the  city  without  first 
obtaining  a permit  from  the  Mayor,  and  the  Mayor  shall 
at  his  discretion  issue  said  permit  to  any  and  all  political 
organizations  applying  for  the  same,  provided  permits  are 
not  issued  to  political  organizations  of  different  political 
parties  to  parade  on  the  same  day  or  night,  and  provided 
also  that  it  shall  not  be  lawful  for  any  organization,  after 
having  obtained  said  permit,  to  carry  transparencies  or 
other  devices  having  painted  or  in  any  other  manner 
exhibited  thereon,  any  writing  or  inscription,  except  the 
names  of  the  candidates  and  the  names  of  ward  organiza- 
tions ; any  person  or  persons  violating  the  provisions  of  this 
section  shall  be  guilty  of  misdemeanor  and  liable  to  a penalty 
of  not  less  than  five  nor  more  than  twenty-five  dollars,  t 

**NoTE. — In  this  connection,  see,  Frostburg  v.  Wineland,  98  Md.  239. 
tNoTE. — By  Resolution  No,  81,  approved  May  14,  1894,  the  Board  of 
Police  Commissioners  was  requested  to  make  a police  regulation  or  order 
preventing  the  formation  of  a line  for  the  purpose  of  being  in  line  at 
the  opening  of  the  sale  of  seats  at  any  class  of  entertainment  earlier  than 
seven  o’clock  A.  M.  of  the  morning  of  the  day  the  sale  of  seats  is 
announced  to  begin. 


ART.  25.]  PUBLIC  SWINGS,  FRYING  HORSKS,  FTC. — ORDINANCES. 


995 


Ord.  139,  October  6,  1894. 

109.  It  shall  not  be  lawful  for  any  organization  or 
persons  to  parade  through  the  streets  of  the  city  of  Balti-  fnd'Srions 
more  without  first  obtaining  a permit  from  the  Mayor, 
stating  the  streets  through  which,  and  the  hours  within 
which,  the  parade  is  to  pass  ; any  person  or  persons  violat- 
ing any  of  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor,  and  liable  to  pay  a penalty  of  not  less  than 
one  dollar  nor  more  than  five  dollars. 


Ord.  20,  April  12,  1888.  City  Code,  (1893)  Art.  48,  Sec.  154. 

110.  There  shall  be  no  parade  of  drum  corps,  bands, 
or  other  bodies  blowing  horns  and  beating  drums  through 
the  streets,  between  the  hours  of  six  P.  M.  and  six  A.  M., 
unless  said  band,  drum  corps  or  other  bodies  shall,  prior 
to  every  such  parade,  obtain  a permit  in  writing  therefor 
from  the  Mayor  of  the  city.  And  it  shall  be  unlawful  for 
any  band  of  music  or  drum  corps  to  play  upon  the  streets 
and  collect  money  for  the  same  from  the  passers-by  or 
residents  along  the  line  of  said  streets.  Each  and  every 
person  violating  any  of  the  provisions  of  this  section  shall 
forfeit  and  pay  a fine  of  ten  dollars  ($10) . 

Pianos, 

Ord.  109,  November  11,  1898. 

111.  It  shall  be  unlawful  for  any  person  or  persons  topiayingof 
operate  or  play  any  hand-organ,  street  piano  or  other  etc.,  prohib- 
musical  instrument  upon  the  streets  between  the  hours  of  10^30 
10.30  P.  M.  and  8 A.  M.  Each  and  every  person  violating 

any  of  the  provisions  of  this  section  shall  forfeit  and  pay  a 
fine  of  five  dollars  ($5) . 


Public  Swings,  Flying  Horses,  Etc. 

Res.  203,  June  19,  1893.  City  Code,  (1893)  Art.  48,  Sec.  157H. 

112.  In  order  to  preserve  the  peace  and  quietness  of 
the  city,  and  to  prevent  disorder,  no  person  or  persons 
shall  be  permitted  or  allowed  to  operate  any  public  swings 


996 


POI.ICK — ORDINANCES . 


[art.  25. 


or  flying  horses,  nor  any  fakir  or  patent  medicine  vendor 
Snd  exhibitions  or  declamations  on  any  street  or  open 

pitenTmedi-  space,  or  lot  in  Baltimore  city;  any  person  or  persons 
ited^  violating  the  provisions  of  this  section  shall  pay  a fine  of 
ten  dollars  ($10)  for  each  and  every  offence. 


VAULTS  AND  AREAS. 

City  Code,  (1879)  Art.  47,  Sec.  111.  City  Code,  (1893)  Art.  48,  Sec.  128. 

vluurtVbe  No  person  shall  remove  or  cause  to  be  removed 

whnsueft  grate  or  covering  to  the  opening  or  aperture  of  any 
open.  vault  in  any  of  the  streets  of  the  city,  without  enclosing 
such  aperture  during  the  time  such  grate  or  covering  is 
removed,  with  a strong  box  or  kerb,  at  least  twelve  inches 
high,  and  firmly  securing  the  same  under  a penalty  of  ten 
dollars  for  each  and  every  offence. 


City  Code,  (1879)  Art.  47,  Sec.  107.  City  Code,  (1893)  Art.  48,  Sec.  124. 

Police  to^notify  H4.  It  shall  be  the  duty  of  the  police  officers  to  give 
neerofcon-  information  to  the  Mayor  and  City  Engineer  whenever 

struction  of  . , . i i 

vaults  and  any  vault  or  area  is  being  constructed  m any  of  the  streets 

areas.  »/ 

of  the  city,  within  their  respective  districts. 

WATER. 

City  Code,  (1879)  Art.  53,  Sec.  45.  City  Code,  (1893)  Art.  54,  Sec.  45. 

Police  to  report  115.  It  shall  be  the  duty  of  the  police  to  report  all 
ordinances.  violations  of  water  ordinances,  all  new  buildings  using  the 
water  from  hydrants  or  fire-plugs  for  building  purposes, 
wasting  of  water  from  hydrants,  fire-plugs  out  of  order, 
bursted  pipes,  and  any  person  or  persons  who  are  using  the 
water  from  the  fire-plugs,  or  causing  the  water  to  flow  from 
them  contrary  to  any  of  the  provisions  of  any  city  ordinance. 


Ord.  77,  May  4,  1892.  City  Code,  (1893)  Art.  48,  Sec.  146A. 

116.  It  shall  not  be  lawful  for  any  person  or  persons 
or  body  corporate  to  discharge  or  permit  to  be  discharged 
any  water  from  any  street  washer  or  hose  on  the  sidewalk 


ART.  26.]  PRATT  FREE  LIBRARY — ORDINANCES. 


997 


or  street  bed  while  such  portion  of  said  street  is  being 
repaved,  nor  for  two  weeks  after  such  repaving  has  been  ° 
completed;  and  any  person  or  persons  or  body  corporate, 
violating  any  of  the  provisions  of  this  section,  shall  forfeit 
and  pay  the  sum  of  ten  dollars  for  each  and  every  such 
offence. 

117.  ‘All  fines,  penalties  and  forfeitures  incurred  by  Recovery  of 
the  violation  of  any  of  the  provisions  of  this  Article,  shall  ures  and  pen- 
be  recovered  as  other  fines,  penalties  and  forfeitures 
imposed  by  ordinances  are  recoverable,  and  when  collected  ® b"eViid“to  the 
shall  be  paid  to  the  Comptroller.  comptroller. 


ARTICLE  XXVI 


PRATT  FREE  LIBRARY 


ORDINANCES. 


Preamble. — To  be  known  as 
“Enoch  Pratt  Free  Library  of  Bal- 
timore City’’;  lot  and  building; 
cost  of  building;  endowment  fund; 
acceptance  by  Mayor;  trustees  to 
be  paid  annual  sum;  branches;  title 
to  building,  books,  etc.,  to  vest  in 
Mayor  and  City  Council  of  Balti- 
more; trustees  to  control  and  man- 
age; authority  of  Mayor  and  City 
Council  of  Baltimore  to  accept; 
ordinance  of  contract  with  trustees 
to  be  approved  by  people. 


4.  Interest  to  be  invested  until 
income  from  fund  reaches  fifty 
thousand  dollars;  in  meantime 
annuity  to  be  levied  as  other 
city  taxes  levied. 


3.  Investment  of  endowment  fund. 


Council  of  Baltimore;  contract 
to  make  annual  appropriation 
of  fifty  thousand  dollars;  trus- 
tees to  report  annually  to 
Mayor  and  City  Council  of 
Baltimore. 


1.  Acceptance  of  Mayor  and  City 
Council  of  Baltimore;  annuity 
for  maintenance  of  library. 


5.  Investment  to  cease  when  inter- 
est amounts  to  fifty  thousand 
dollars;  taxation  therefor  to 
then  cease. 


2.  Conveyance  of  Mayor  and  City 


998 


PRATT  free  EIBRARY — ORDINANCES.  [arT.  26. 


Ord.  106,  July  15,  1882.  City  Code,  (1893)  Art.  39,  (Preamble). 

Preamble  Preamble. — Whereas,  Enoch  Pratt  of  the  city  of  Balti- 

reciting  par-  i t i ^ i i 

ticuiars  of  moro,  has  agreed  to  establish  a free  public  library  in  the 

Pratt.  City  of  Baltimore,  to  be  known  as  the  Enoch  Pratt  Free 
Library  of  Baltimore  City,''  and  has  agreed  to  erect  upon 
a lot  of  ground  on  Mulberry  street,  owned  by  him,  a library 
building  of  estimated  cost  of  two  hundred  and  twenty-fiye 
thousand  dollars  or  thereabout,  and  has  agreed  to  conyey 
said  lot  and  premises  to  the  Mayor  and  City  Council  of  Balti- 
more, and  also  pay  unto  said  Mayor  and  City  Council  of 
Baltimore,  the  sum  of  eight  hundred  and  thirty-three 
thousand  three  hundred  and  thirty-three  dollars  and  thirty- 
three  cents ; proyided,  the  said  Mayor  and  City  Council  of 
Baltimore,  will  accept  said  conyeyance  and  said  sum  of 
money,  and  agree  by  ordinance  to  grant  and  create  an 
annuity,  and  to  pay  annually  to  a board  of  trustees,  and 
their  successors,  the  sum  of  fifty  thousand  dollars  hereafter, 
foreyer,  in  equal  quarterly  payments,  for  the  purchase  and 
maintenance  of  said  library,  with  not  less  than  four 
branches  in  different  parts  of  the  city;  the  said  branches  to 
be  established  by  said  trustees  within  such  time  as  can  be 
legislative  reasonably  accomplished,  out  of  said  quarterly  payments  ; 

a^Ahority  to  the  title  to  said  library,  its  branches,  books  and  all  other 

establish  the  J ’ 

library.  property,  to  be  yested  in  the  Mayor  and  City  Council  of 
Baltimore;  the  control  and  management  of  said  library  and 
property  to  be  in  said  board  of  trustees;  and 
Whereas,  the  General  Assembly  of  Maryland,  by  an  Act 
passed  at  its  January  session,  eighteen  hundred  and 
eighty-two,  chapter  one  hundred  and  eighty-one,  author- 
ized and  empowered  the  said  Mayor  and  City  Council  of 
Baltimore  to  accept  the  said  proposal  of  the  said  Enoch 
Pratt,  and  granted  full  power  and  authority  unto  the  said 
Mayor  and  City  Council  of  Baltimore,  upon  the  conyeyance 
of  said  lot  and  the  improyements  aforesaid  and  upon  said 
payment  of  said  sum  of  money  to  it  by  the  said  Enoch 
Pratt,  to  contract  and  agree  by  ordinance,  to  be  approyed 
by  the  legal  yoters  of  said  city,  to  pay  perpetually  to  the 
board  of  trustees  of  the  “Enoch  Pratt  Free  Library  of 
Baltimore  City, ' ' the  annual  sum  of  fifty  thousand  dollars, 
in  equal  quarterly  payments  foreyer;  and 


ART.  26.]  PRATT  FREE  LIBRARY — ORDINANCES. 


999 


Whereas,  said  “Enoch  Pratt  Free  Library  of  Baltimore  Amount 
City,'^  has  been  duly  incorporated  by  said  Act  of  said 
General  Assembly  of  Maryland,  and  said  Enoch  Pratt  is 
desirous  to  make  the  conveyance  aforesaid,  and  to  pay  unto 
said  Mayor  and  City  Council  the  sum  of  eight  hundred 
and  thirty-three  thousand  three  hundred  and  thirty-three 
dollars  and  thirty- three  cents;  therefore— 


Ord.  106,  July  15,  1882.  City  Code,  (1893)  Art.  39,  Sec.  1. 

1.  In  pursuance  of  the  power  and  authority  vested  in  it  Acceptance 
by  said  Act  of  the  General  Assembly  of  Maryland,  and  for 
the  purpose  of  perpetually  promoting  and  diffusing  knowl- 
edge and  education  among  the  people  of  the  city  of 
Baltimore,  the  said  proposed  conveyance  of  the  said 
library  building  and  premises,  situate  upon  Mulberry 
street,  as  aforesaid,  and  the  said  proposed  payment  of 
eight  hundred  and  thirty-three  thousand  three  hundred 
and  thirty-three  dollars  and  thirty-three  cents,  are  agreed 
to  be  accepted  by  said  Mayor  and  City  Council  of  Baltimore; 
and  for  the  purpose  of  carrying  into  effect  the  said  proposed 
object,  the  said  Mayor  and  City  Council  of  Baltimore,  by 
this  ordinance  do  hereby  contract  and  agree  with  the  said 
Enoch  Pratt  and  with  the  said  “Enoch  Pratt  Free  Library 
of  Baltimore  City,''  the  body  corporate  aforesaid,  in  con- 
sideration of  said  conveyance  of  said  library  building  and 
premises;  and  of  the  payment  of  said  sum  of  money  unto 
it,  to  grant  and  create  an  annuity  of  fifty  thousand  dollars, 
to  be  paid  perpetually  hereafter,  forever,  in  equal,  quarterly 
payments,  for  the  purposes  and  maintenance  of  said  library; 
said  annuity  to  be  paid  unto  the  board  of  trustees  of  said 
body  corporate  and  their  successors,  forever,  to  be  applied 
by  them  to  the  purposes  and  maintenance  of  said  library, 
as  established  and  defined  in  the  Act  of  incorporation 
thereof. 


Ord.  106,  July  15,  1882.  City  Code,  (1893)  Art.  39,  Sec.  2. 

2.  Upon  the  conveyance  by  said  Enoch  Pratt  or  his  to  pay 
representatives,  by  valid  deed,  of  the  clear  unincumbered 


1000 


PRATT  FRKE  IvIBRARY — ORDINANCES.  [arT.  26. 


fee  simple  estate  in  said  lot  of  ground,  with  the  improve- 
ments thereon,  situate  on  Mulberry  street,  in  said  city  of 
Baltimore,  unto  the  said  Mayor  and  City  Council,  of  Balti- 
more and  upon  the  payment  by  said  Enoch  Pratt  or  his  repre- 
sentatives, unto  said  Mayor  and  City  Council  of  Baltimore, 
of  said  sum  of  eight  hundred  and  thirty-three  thousand  three 
hundred  and  thirty-three  dollars  and  thirty- three  cents,  the 
Mayor  of  the  city  of  Baltimore,  at  the  time  of  the  execution 
of  said  deed,  is  authorized  and  empowered  to  join  in  the  ex- 
ecution of  the  same,  for  and  on  behalf  of  the  Mayor  and  City 
Council  of  Baltimore,  and  to  contract,  covenant  and  agree, 
for  and  on  their  behalf,  to  pay  perpetually  thereafter  the 
yearly  sum  of  fifty  thousand  dollars,  in  equal  quarterly 
payments,  unto  the  Trustees  of  the  “Enoch  Pratt  Free 
Library  of  Baltimore  City,^’  and  their  successors,  forever, 
the  said  “Enoch  Pratt  Free  Library  of  Baltimore  City,’^ 
also  joined  in  said  deed,  and  agreeing  to  appropriate  said 
sum  for  its  corporate  purposes,  and  to  make  an  annual 
report  to  the  Mayor  and  City  Council  of  Baltimore,  of  the 
proceedings  of  said  body  corporate,  and  of  the  condition 
of  said  library  and  its  branches,  with  a full  account  of  the 
monies  received  and  expended  by  said  trustees.  * 


Orel.  64,  May  14,  1883.  City  Code,  (1893)  Art.  39,  Sec.  3. 

a vestment  Euoch  Pratt  shall  pay  to  the  Mayor  and 

nlted“  Council  of  Baltimore,  the  sum  of  eight  hundred  and 

thirty-three  thousand  three  hundred  and  thirty-three 
dollars  and  thirty-three  cents,  according  to  the  terms  and 
provisions  of  Ordinance  No.  106,  approved  July  15,  1882,  it 
shall  be  the  duty  of  the  Commissioners  of  Finance  to 
invest  the  same  in  Baltimore  city  stock  heretofore  author- 
ized to  be  issued  at  par  as  a sinking  fund  to  be  known  by 
the  name  of  the  “Enoch  Pratt  Free  Library  Sinking 
Fund.'' 


*Notk. — This  Ordinance  was  duly  adopted  by  popular  vote  on  the 
4th  Wednesday  of  October,  1882. 


ART.  26.]  PRATT  FREE  EIBRARY— ORDINANCES. 


1001 


Ord.  64,  May  14,  1883.  City  Code,  (1893)  Art.  39,  Sec.  4. 

4.  The  interest  upon  said  investment  so  as  aforesaid  investment  of 
directed  to  be  made,  shall  also  be  invested  from  time  to  thereon, 
time,  as  the  same  shall  be  received  in  the  public  debt  of 
the  city  of  Baltimore,  and  such  investments  of  said  interest, 
and  of  the  interest  upon  said  interest,  shall  also  constitute 
a part  of  said  sinking  fund  ; and  said  investment  of  said 
interest,  and  of  interest  on  said  interest,  shall  continue  so 
to  be  made  in  the  public  debt  of  the  city  of  Baltimore  until 
the  annual  income  from  said  investments  shall  reach  the 
sum  of  fifty  thousand  dollars  ; and  in  the  meanwhile,  the 
sum  of  fifty  thousand  dollars,  to  pay  said  annuity,  shall  be 
levied  for  as  other  city  taxes  are  levied. 


Ord.  64,  May  14,  1883.  City  Code,  (1893)  Art.  39,  Sec.  5. 

5.  When  the  said  annual  income  upon  the  investments  investments  to 
in  said  sinking  fund  shall  reach  the  sum  of  fifty  thousand  Stlre^t^^” 
dollars,  the  making  of  said  investments  for  said  purpose 
shall  cease,  and  the  said  annual  income  of  fifty  thousand 
dollars  arising  therefrom  shall  be  thereafter  appropriated 
and  applied  to  the  payment  of  the  annuity  of  fifty 
thousand  dollars  to  the  trustees  of  the  “Enoch  Pratt  Free 
Library  of  Baltimore  City,’'  and  all  taxation  for  the 
purpose  of  raising  said  annuity  of  fifty  thousand  dollars 
for  such  purpose,  shall  cease  and  be  discontinued. 


1002 


PUBI.IC  BATHS — ORDINANCKS. 


[art.  27. 


To  appoint  a 
commission. 


Powers. 


To  control, 
maintain  and 
operate  free 
public  baths. 


ARTICLE  XXVII. 


PUBLIC  BATHS. 

ORDINANCES. 


Free  Public  Bath  Commission. 

1.  Mayor  to  appoint  commission  of 

seven  persons. 

2.  Powers  and  authority  of  com- 

mission. 

3.  To  control,  maintain  and  operate 

the  free  public  baths;  to  make 
rules  and  regulations. 


4.  To  make  annual  report  and 

account  for  monies  to  Mayor 
and  City  CounciK 

5.  Property  conveyed  by  Henry 

Walters  to  be  maintained  as 
public  baths  and  laundries. 


FREE  PUBLIC  BATH  COMMISSION. 

Ord.  54,  May  9.  1900. 

1.  The  Mayor  shall  appoint  in  the  mode  prescribed  in 
section  25  of  the  City  Charter,  Article  4,  Public  Local 
Laws,  a commission  of  seven  persons,  who  shall  serve 
without  pay,  which  shall  constitute  a Board  of  Commis- 
sioners to  be  styled  the  ‘ ‘Free  Public  Bath  Commission  of 
Baltimore  City.'' 


Ord.  54,  May  9,  1900. 

2.  The  said  “Free  Public  Bath  Commission,"  shall  have 
such  powers  as  are  conferred  by  this  Article,  as  well  as 
such  other  powers  as  may  be  conferred  by  any  and  all 
subsequent  ordinances  of  the  Mayor  and  City  Council  of 
Baltimore. 


Ord.  54,  May  9,  1900. 

3.  The  said  “Free  Public  Bath  Commission"  shall  have 
the  power  to  superintend,  direct,  maintain  and  operate, 
all  the  free  public  baths  now  established  or  to  be  hereafter 
established  in  the  city  of  Baltimore,  and  owned  by  the  said 


ART.  27.]  FREE  PUBEIC  BATH  COMMISSION — ORDINANCES. 


1003 


city  of  Baltimore,  under  such  rules  and  regulations  as  said 
commission  may  deem  best  suited  for  carrying  out  the 
objects  of  the  said  free  baths. 


Ord.  54,  May  9,  1900. 

4.  The  said  commission  shall  annually  make  a report  toTomakeanan- 

nual  report. 

the  Mayor  and  City  Council  of  Baltimore  of  their  proceed- 
ings and  of  the  condition  of  the  baths  under  their  care, 
with  a full  account  of  the  money  received  and  expended 
by  them. 


Ord.  36,  March  5,  1900.  Ord.  121,  February  12,  1903. 

5.  All  the  property  heretofore  conveyed  by  Henry 
Walters,  Esquire,  to  the  said  Mayor  and  City  Council  of 
Baltimore  shall  be  maintained  by  the  Mayor  and  City  Council 
of  Baltimore  as  public  baths  and  laundries,  and  in  the  event 
that  the  Mayor  and  City  Council  of  Baltimore  shall  at  any  pubUc  baths, 
time  find  it  expedient  to  dispose  of  any  of  said  property,  or 
the  improvements  thereupon,  or  both,  so  conveyed  to  the 
said  Mayor  and  City  Council  of  Baltimore  by  the  said  Henry 
Walters,  Esquire,  the  said  Mayor  and  City  Council  of 
Baltimore  will  use  the  money  or  other  property  received 
from  the  sale  or  other  disposition  of  any  said  property,  or 
improvements,  in  the  erection  and  equipment  of  public 
baths  or  laundries. 


1004 


PUBLIC  BUILDINGS— ORDINANCES. 


[art.  28. 


Buildings  in 
charge  of 
Superintend- 
ent of  Pub- 
lic Build- 
ings. 


Bond. 


ARTICLE  XXVIII. 
PUBLIC  BUILDINGS. 


ORDINANCES. 


Superintendent  of  Public  Buildings. 

1.  Buildings  in  charge  of  super- 

intendent; his  bond. 

2.  Number  and  salaries  of  em- 

ployes in  public  buildings; 
City  Hall;  City  Hall  annex; 
New  Court  House. 

3.  Employes  of  any  of  said  build- 

ings to  perform  service  in  any 
other  of  said  buildings. 


4.  Substitute  watchman  to  be  ap- 

proved by  superintendent. 

Absence  From  Duty. 

5.  Employes  not  to  be  absent  with- 

out permission  of  Superinten- 
dent. 

Flags  on  Public  Buildings. 

6.  American  flag  to  be  raised  on 

all  legal  holidays;  to  be  at 
half-mast  on  Memorial  Da3^ 


SUPERINTENDENT  OF  PUBLIC  BUILDINGS.** 


Ord.  6,  February  27,  1896.  Ord.  7,  February  27,  1896.  Ord.  9,  Feb- 
ruary 27,  1896.  Ord.  16,  March  9,  1896.  Ord.  27,  December  29, 
1899.  Ord.  20,  November  18,  1903.  Ord.  84,  March  5,  1906. 

1.  The  Superintendent  of  Public  Buildings  shall  have 
charge  of  such  buildings,  in  addition  to  those  designated 
in  the  Charter  of  the  city  of  Baltimore,  section  207,  as 
may  be  placed  under  his  charge  by  the  Mayor  and  City 
Council  of  Baltimore,  and  before  entering  upon  the  dis- 
charge of  his  duties,  he  shall  execute  a bond  in  the  sum  of 
ten  thousand  dollars  ($10,000)  for  the  faithful  discharge  of 
his  trust. 


**Note. — Court  House  Watchmen. — The  municipality  is  exempt 
from  responsibility  for  the  neglect  or  wrongful  acts  of  watchmen  or 
servants,  as  is  also  the  head  of  the  department  appointing  them,  in  case 
of  such  persons  selected  to  preserve  order  and  decorum  in  a court 
house.  Wood  v.  Mayor,  etc.,  Baltimore,  Daily  Record,  May  2 1905. 


ART.  28.] 


EMPLOYES — ORDINANCES . 


1005 


Employes. 

Ord.  9,  February  27,  1896.  Ord.  20,  November  18,  1903.  Ord.  84, 

March  5,  1906. 

2.  Until  otherwise  provided  by  ordinance,  the  number  Number  and 
and  pay  per  annum  of  the  assistant  and  employes  of  the  employes  in 
Superintendent  of  Public  Buildings  shall  be  as  follows  : 


City  Hall. 

Janitor  and  clerk  to  the  Superintendent,  nine  hundred 
dollars  ($900).  Three  watchmen  at  seven  hundred  and 
twenty  dollars  ($720)  each.  Three  firemen  at  nine  hun- 
dred dollars  ($900)  each.  Two  laborers  at  five  hundred 
and  twenty  dollars  ($520)  each.  Elevator  conductor,  seven 
hundred  and  twenty  dollars  ($720).  Superintendent  of 
charwomen  four  hundred  and  eighty  dollars  ($480) . Six- 
teen charwomen  at*  three  hundred  dollars  ($300)  each. 
Window  washer,  five  hundred  and  twenty  dollars  ($520). 


City  Hall  Annex. 

Janitor  and  fireman,  six  hundred  and  thirty  dollars 
($630).  Watchman,  seven  hundred  and  twenty  dollars 
($720).  Three  charwomen,  at  three  hundred  dollars 
($300)  each. 


New  Court  House. 

Assistant  Superintendent  Courthouse,  twelve  hundred 
dollars  ($1,200).  Chief  Electrician,  twelve  hundred  dol- 
lars ($1,200) . Two  assistant  electricians,  nine  hundred  dol- 
lars ($900)  each.  Chief  Engineer,  twelve  hundred 
dollars  ($1,200).  Two  assistant  engineers,  nine  hundred 
dollars  (900)  each.  Three  firemen,  nine  hundred  dollars 
($900)  each.  Three  oilers,  six  hundred  dollars  ($600)  each. 
Three  coal  passers,  work  every  day,  six  hundred  and  eight 
dollars  and  thirty-three  cents  ($608.33)  each.  Janitor, 
seven  hundred  and  twenty  dollars  ($720).  Six  watchmen, 
seven  hundred  and  twenty  dollars  ($720)  each.  Five 


1006 


PUBIvIC  BUILDINGS — ORDINANCES. 


[art.  28. 


Employes  to 
perform 
work  in  any 
building  con- 
trolled by 
city. 


Substitutes  of 
night  watch- 
men. 


Permit  from 
Superintend 
ent  of  Pub- 
lic Build- 
ings neces- 
sary. 


Flags  to  be 
raised  on  all 
municipal 
buildings  on 
legal  holi- 
days, etc. 


elevator  conductors,  seven  hundred  and  twenty  dollars 
($720)  each.  Three  laborers,  five  hundred  and  twenty 
dollars  ($520)  each.  Three  window  washers,  five  hundred 
and  twenty  dollars  ($520)  each.  Court  matron,  three 
hundred  dollars  ($300).  Superintendent  of  charwomen, 
four  hundred  and  eighty  dollars  ($480).  Twenty- nine 
charwomen,  three  hundred  dollars  ($300)  each.  Furniture 
polisher,  six  hundred  dollars  ($600).  Two  marble  polish- 
ers, five  hundred  and  eighty  dollars  ($580)  each. 


Ord.  20,  November  18,  1903.  Ord.  84,  March  5,  1906. 

3.  The  Superintendent  of  Public  Buildings  is  authorized 
and  empowered  to  require  any  of  the  employes  for  either 
of  said  buildings  to  perform  work  and  render  service  in 
the  other  of  said  buildings,  or  in  any  building  that  may 
be  placed  in  his  charge  by  the  Mayor  and  City  Council  of 
Baltimore. 

City  Code,  (1879)  Art.  10,  Sec.  5.  City  Code,  (1893)  Art.  10,  Sec.  5. 

4.  Neither  the  day  nor  the  night  watchman  shall  place 
any  substitute  on  duty  when  sickness  or  other  circumstances 
may  render  their  absence  necessary,  unless  such  substitute 
shall  first  be  approved  by  the  Superintendent  of  Public 
Buildings. 

Absence  from  Duty, 

City  Code,  (1879)  Art.  10,  Sec.  7.  City  Code,  (1893)  Art.  10,  Sec.  8. 

5.  None  of  the  foregoing  employes  shall  absent  them- 
selves from  duty  without  the  permission  of  the  Superin- 
tendent of  Public  Buildings. 

FLAGS  ON  PUBLIC  BUILDINGS. 

Ord.  29,  April  9,  1895. 

6.  The  Superintendent  of  Public  Buildings  shall  cause 
to  be  raised  the  American  flag  on  the  public  buildings 
belonging  to  and  used  by  the  municipal  government  of  the 
city  on  each  and  every  legal  holiday  during  the  year,  and 
also  to  be  raised  at  half-mast  on  the  30th  day  of  May, 
(known  as  Memorial  Day) . 


ART.  29.] 


RUBRIC  PRINTER — ORDINANCES. 


1007 


ARTICLE  XXIX. 

PUBLIC  PRINTER. 

ORDINANCES. 


Joint  Standing  Committee  on 
Stationery  and  Printing. 

1.  Appointment  of  Committee; 

how  constituted;  duties. 

Specifications  for  Printing. 

2.  Duties  of  Public  Printer;  com- 

pensation. 

3.  Chairman  of  Joint  Standing 

Committee  on  Printing  to  issue 
orders  for  printing;  chief 
clerk  of  Second  Branch  to 
keep  copies  of  orders;  work  to 
be  delivered  under  direction 
of  committee. 

4.  Bills  to  have  attached  orders  for 

work  charged  for;  to  be  ap- 
proved by  committee. 

5.  Specifications  for  size  of  type 

and  page  for  journals,  ordinan- 
ces, etc. 

Journals. 

6.  Number  of  copies;  number  of 

editions  and  style  of  printing; 
specifications  for  first  edition; 
one  copy  of  same  to  be  mailed 
daily  to  each  member  of  Coun- 
cil; specifications  for  second 
edition. 

Prices. 

7.  Prices  for  composition,  correc- 

tions, paper,  press- work,  etc.; 
pages  for  body;  for  index; 


blank  page ; additional  copies; 
postage. 

8.  Binding,  half  sheep;  full  sheep. 

Ordinances  and  Resolutions. 

9.  Number  of  copies  to  be  printed. 

Prices. 

10.  Composition,  etc.;  body  pages; 

index  pages;  blank  pages; 
full  sheep  binding. 

Mayor’s  Message  and  Department 
Reports. 

11.  Number  of  copies  to  be  printed; 

size  and  quality  of  paper; 
150  copies  in  full  sheep  bind- 
ing; 50  copies  in  half-Turkey 
morocco. 

Prices. 

12.  Composition,  press-work,  etc.; 

10-point  type  pages;  8-point 
type;  8-point  tabular;  pages 
exceeding  standard;  inset 
pages;  full  sheep  binding; 
half-Turkey  morocco. 

Additional  Copies  of  Mayor’s  Mes- 
sage and  Department  Reports. 

13.  To  be  printed  and  bound  at 

same  time  as  originals;  print- 
ing and  binding  in  discretion 
of  committee. 


1008 


PUBLIC  PRINTER — ORDINANCES. 


[art.  29. 


Prices. 

14.  Paper;  paper  and  press-work 

for  first  100  copies;  same  for 
each  additional  100  copies; 
for  each  additional  100  copies 
of  Mayor’s  message;  binding; 
binding  for  each  additional 
100  copies. 

15.  Binding  specifications;  prices 

for  binding. 


Miscellaneous. 

16.  Specifications  for  card  folder 

and  lists;  prices  for  same;  ‘ ‘yea 
and  nay”  blanks;  lists  of  com- 
mittees, etc. 

Indexer. 

17.  President  of  Second  Branch  to 

employ  competent  indexer  ; 
compensation;  to  prepare  in- 
dexes; indexes  to  be  inserted 
by  Public  Printer. 


JOINT  STANDING  COMMITTEE  ON  STATIONERY  AND 
PRINTING. 

Ord.  2,  September  11,  1899. 

^Sf?omlSiuL  There  shall  be  appointed,  as  other  joint  standing 
committees  are  appointed,  three  members  of  the  Council 
from  each  Branch  to  constitute  the  Joint  Standing  Com- 
mittee of  Printing  and  Stationery,  who  shall  order  all 
printing  or  other  articles  required  by  the  Council,  and 
examine  and  approve  all  bills  for  the  execution  of  the 
same. 


SPECIFICATIONS  FOR  PRINTING. 

Ord.  2,  September  11,  1899. 

2.  The  Public  Printer  shall  execute  work  in  accordance 
with  the  specifications  in  the  succeeding  sections  of  this 
^wJrk  of  Pub-  Article  only  when  ordered,  as  herein  provided,  and  in  the 
he  Printer,  required  by  the  Joint  Standing  Committee  on 

Printing,  and  he  shall  be  paid  for  all  such  work  at  the 
prices  and  upon  the  conditions  named  in  the  succeeding 
sections  of  this  Article. 


Ord.  2,  September  11,  1899. 

3.  Every  order  must  be  issued  in  writing  and  signed 
by  the  chairman  of  the  Joint  Standing  Committee  on 
Printing.  The  chief  clerk  of  the  Second  Branch  shall 


Relating  to 
orders. 


ART.  29.] 


JOURNALS— ORDINANCES. 


1009 


keep  on  file  all  copies  of  all  orders.  All  work  shall  be 
delivered  under  the  direction  of  the  Joint  Standing  Com- 
mittee on  Printing,  and  must  be  receipted  for  on  delivery. 


Ord.  2,  September  11,  1899. 

4.  Bills  rendered  must  have  attached  the  orders  and 
receipt  for  the  work  charged  for,  and  must  be  approved  by 
the  Joint  Standing  Committee  on  Printing. 


Ord.  2,  .September  11,  1899. 

5.  The  size  of  the  page  and  the  size  of  the  type  page 
are  to  be  uniform  for  the  journals,  ordinances  and  resolu- 
tions, department  reports.  Mayor’s  messages,  and  any 
other  pamphlet  or  book- work  ; and  the  paper  is  to  be  the  Relating  to^s^e 
same  in  all  respects,  as  specified  below,  unless  otherwise  page, 
directed  by  the  committee. 

Size  of  page,  5^x9  inches,  trimmed. 

Size  of  type  page,  3^x6^  inches. 

Paper,  24x38,  60  lbs.,  super-calendered,  white.  No.  1. 

Cover  paper,  20x25,  48  lbs. , color  to  be  selected. 


JOURNALS. 

Ord.  2,  September  11,  1899. 

6.  Two  hundred  and  eighty-four  copies  of  the  journal  to  be 
of  the  First  Branch  of  the  City  Council  ; two  hundred  and  p”«ted. 
eighty-four  copies  of  the  journal  of  the  Second  Branch  of 
the  City  Council ; to  be  printed  in  two  editions,  both  of 
which  are  to  be  set  solid,  corresponding  to  the  present  ^styie"of  prfnt- 
bound  volumes  of  the  close  journal,  and  to  be  charged  for 
on  the  basis  of  the  paging  of  the  close  journal. 

First  Edition:  133  copies  of  each  journal  for  daily  use  First  edition, 
during  the  session;  to  have  wire-stitched  binding,  trimmed, 
without  cover,  and  one  of  such  copies  to  be  wrapped  and 
mailed  daily  to  each  of  the  33  members  of  the  Council, 
postage  prepaid. 


1010 


PUBIvIC  PRINTER — ORDINANCES. 


[art.  29. 


Second  edi- 
tion. 


Prices. 


Binding-. 


Number  of 
copies. 


Second  Edition : including  corrections : 150  copies  of 
each,  to  be  flat  in  sheets,  and  one  copy  of  each  to  be 
printed  on  writing  paper,  with  space  at  the  end  of  each 
day’s  proceedings  for  the  signature  of  the  president  and 
clerk  of  the  respective  Branches  ; second  edition  to  contain 
index. 


Prices. 

Orel.  2,  September  11,  1899. 

7.  For  composition,  corrections,  paper,  press- work  and 
wire-stitched  binding : 

Pages  in  11-point  type  (for  body),  set  solid,  $1.25  per 
page. 

Pages  set  in  8-point  type,  for  index,  $1.60  per  page. 
Blank  pages  not  to  be  charged. 

Additional  copies,  ordered  at  same  time,  per  100,  folded 
and  wire-stitched,  15  cents  per  page. 

Postage  to  be  charged  at  cost. 


Ord.  2,  September  11,  1899. 

8.  Binding  150  copies  of  each  journal,  half  sheep,  paper 
sides,  printed  paper  label,  50  cents  per  copy.  Binding  the 
two  copies  printed  on  writing  paper,  one  for  each  Branch,, 
in  full  sheep,  with  leather  title  labels,  $1.50  per  copy. 

ORDINANCES  AND  RESOLUTIONS. 

Ord.  2,  September  11,  1899. 

9.  Two  hundred  copies  of  ordinances  and  resolutions  of 
the  Mayor  and  City  Council  of  Baltimore. 

Prices. 

Ord.  2,  September  11,  1899. 

10.  For  composition,  paper  and  press-work  : 

Pages  set  in  11-point  type,  including  side  notes,  $1.10 
per  page. 

Pages  set  in  8-point  type,  for  index,  $1.40  per  page. 

Blank  pages  not  to  be  charged. 

Binding  in  full  sheep,  black  leather  title  label,  50  cents, 
per  copy. 


Prices 


ART.  29.]  mayor’s  message  AND  REPORTS — ORDINANCES. 


1011 


MAYOR’S  MESSAGE  AND  DEPARTMENT  REPORTS. 

Orel.  2,  September  11,  1899. 

11.  There  shall  be  printed  200  copies  of  the  Mayor’s 
Message  and  each  of  the  reports  required  to  be  made  to 
the  Mayor  and  City  Council  of  Baltimore  on  paper  24x38, 

60-lb.  super-calendered  book,  white.  No.  1 ; 150  copies  are 
to  be  bound  in  full  sheep,  black  title  label,  and  50  copies 
are  to  be  bound  in  half-Turkey  morocco,  gilt  top. 

Prices. 

Orel,  2,  September  11,  1899. 

12.  For  composition,  paper  and  press- work  for  the  said 
200  copies  : 

Pages  set  in  10-point  type,  with  2-point  lead,  $1.20  per  prices, 
page. 

Pages  set  in  8-point  type,  $1.45  per  page. 

Pages  set  in  8-point  type,  tabular,  $2.20  per  page. 

Type  pages  covering  more  space  than  the  standard  page 
to  be  charged  in  proportion. 

Inset  pages  to  be  charged  at  the  rate  of  $3.50  for  a 
standard  page. 

Binding  in  full  sheep,  black  title  label,  75  cents  per  copy. 

Binding  in  half-Turkey  morocco,  gilt  top,  $1.75  per  copy. 

ADDITIONAL  COPIES  OF  MAYOR’S  MESSAGE  AND 
DEPARTMENT  REPORTS. 

Ord.  2,  September  11,  1899. 

13.  The  additional  copies  of  Mayor’s  message  and  de- 
partment reports  are  to  be  printed  at  the  same  time  the 
originals  are  printed,  and  are  to  be  bound  in  the  discretion 
of  the  committee,  with  printed  paper  covers,  or  full  cloth, 
with  side  titles  in  gold. 


Prices. 

Ord.  2,  September  11,  1899. 

14.  Paper,  24x38,  60-lb.  super-calendered,  No.  1 book, 
white. 


1012 


Prices. 


Binding. 


Folders  and 
lists. 


Prices. 


President  Sec- 
ond Branch 
to  employ 
competent 
indexer. 


PUBlvIC  PRINTER — ORDINANCES.  [arT.  29. 

For  paper  and  press-work  for  the  first  100  copies  of  re- 
ports, 20  cents  per  page. 

For  each  additional  100  copies  of  reports,  5 cents  per  page. 

For  each  additional  100  copies  of  Mayor^s  message  above 
the  original  200,  cents  per  page. 

For  printed  paper  cover,  including  binding  same,  for  100 
copies,  $2.50  complete. 

For  each  additional  100  copies,  $1  complete. 


Ord.  2,  September  11,  1899. 

15.  Binding  in  full  cloth,  with  side  title  in  gold,  for  25 
books,  25  cents  per  copy  complete  ; for  each  additional 
copy,  20  cents  per  copy  complete. 


MISCELLANEOUS. 

Ord.  2,  September  11,  1899. 

16.  One  thousand  copies  card  folder,  4 pages ; size 
3Hx5H  inches  when  folded ; on  160-lb.  bristol  board  ; 
containing  lists  of  members  of  City  Council,  officers,  mem- 
bers, etc.;  complete  $14.75.  More  or  less  copies  per  100, 
75  cents  ; one  thousand  “yea  and  nay''  blanks,  per  1,000, 
$1.50;  one  thousand  “yea  and  nay  in  convention",  $2; 
two  hundred  cards,  lists  of  committees  of  City  Council, 
printed  on  best  160-lb.  bristol  board,  $7 ; more  or  less 
copies  per  100,  $1. 


INDEXER. 

Ord.  2,  September  11,  1899. 

17.  The  President  of  the  Second  Branch  of  the  City 
Council  is  hereby  authorized  to  employ  a competent  in- 
dexer, at  the  expense  of  not  more  than  $250,  to  prepare 
indexes  for  the  bound  volumes  of  the  First  and  Second 
Branch  journals,  and  the  bound  volumes  of  ordinances  and 
resolutions,  and  the  bound  volumes  of  reports  and  Mayor's 
message,  known  as  the  “Appendix",  for  insertion  in  said 
volumes  by  the  Public  Printer. 


ART.  30.]  RAILROADS  AND  RAILWAYS — ORDINANCES. 


loia 


ARTICLE  XXX. 

RAILROADS  AND  RAILWAYS. 

ORDINANCES. 


Steam  Railroads. 

Cars  of  Steam  Railroads. 

1 . Cars  remaining  unused  in  streets 

to  be  chained  or  otherwise 
secured;  penalty  for  failure  to 
secure  such  cars;  penalty  for 
permitting  cars  to  remain  in 
streets  on  Sunday;  proviso  as 
to  cars  used  in  making  re- 
pairs. 

2.  Authorized  persons  only  to  put 

cars  in  motion  or  remove  fast- 
enings; penalty. 

3.  Loading  and  unloading  cars  in 

streets  without  consent  of 
owners  of  property  opposite 
point  of  unloading  unlawful; 
penalty. 

4.  Cars  not  to  be  so  placed  as  to 

obstruct  passage  on  flag-stones 
at  cross  streets;  penalty. 

5.  Cars  not  to  be  placed  in  turnouts 

or  switches  so  as  to  obstruct 
passage  along  streets;  penalty. 

6.  Cars  left  standing  in  streets  not 

to  obstruct  passage  across  such 
street  within  block;  space  to  be 
left  between  such  cars  in 
middle  of  block;  penalty. 

7.  Rate  of  speed  in  streets  for 

passenger,  burden  and  other 
cars;  speed  at  grades;  not  to 
move  without  brakeman  and 
driver;  penalty, 

8.  Carts,  drays,  etc.,  to  travel  and 

pass  on  right  hand  side  in 


streets  wherein  railroad  tracks 
are  laid;  exception. 

9.  Not  more  than  three  cars  to- 

gether  to  be  moved  down 
grades  by  gravit}-;  penalty. 

10.  Minors  not  to  jump  on  or  off 

cars  in  motion;  penalty. 

Tracks  a7id  Switches. 

11.  To  be  laid  with  paving  or 

planking  between  rails. 

12.  To  be  kept  in  good  condition; 

penalty;  when  repairs  neglect- 
ed by  owners.  City  Engineer 
to  have  same  made  at  expense 
of  owner. 

Locomotive  Engines. 

13.  In  what  streets  and  by  whom 

same  may  be  used. 

14.  Precautions  required  in  such 

use;  man  to  ride  on  front  end; 
speed;  to  ring  bell  when  ap- 
proaching cross  streets;  where 
whistle  may  be  used;  penalty. 

15.  Penalty  for  unauthorized  use 

of  engines  in  streets. 

16.  Use  of  wood  permitted  for 

generating  steam;  proviso  as 
to  right  to  withdraw  such  per- 
mission by  Mayor  and  City 
Council. 

17.  Provisions  of  this  sub-division 

to  apply  to  all  engines  now 
in  Use  and  to  be  used  in 
future. 


1014 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


Construction  of  Railroads  and 
Railways. 

18.  Cit}"  Engineer  to  examine 

tracks  and  report  defects  to 
Mayor;  duty  of  Mayor  where 
tracks  are  improperly  laid. 

19.  Where  tracks  cause  obstruction 

in  street  Mayor  may  have 
removed  or  altered;  owner  of 
tracks  to  have  notice  and 
reasonable  time  to  alter;  on 
neglect  of  notice  City  Engi- 
neer to  do  work  at  expense  of 
owners;  collection  of  cost. 

20.  Duty  of  City  Engineer  where 

gutters  are  obstructed  by  im- 
proper construction;  notice 
to  owners;  on  neglect  of 
notice  City  Engineer  to  re- 
move obstructions  at  owners’ 
expense. 

21.  Penalty  for  construction  caus- 

ing obstruction. 

Street  Passenger  Railways. 

All  Night  Cars. 

22.  Intervals  for  running  all  night 

cars;  penalty  for  failing  to 
run  cars  as  herein  provided. 

Railway  Bed  and  Tracks. 

23.  Requirements  for  construction 

of  tracks  over  city  bridges; 
penalty  for  construction  not 
in  accordance  therewith. 

24.  Streets  between  tracks  and  for 

two  feet  on  each  side  to  be 
kept  in  repair  by  railway  com- 
panies; not  to  obstruct  other 
portions  of  street  in  freeing 
tracks  from  snow,  etc.;  pen- 
alty for  such  obstruction. 

25.  In  future  grants  of  right  to  lay 

tracks  it  shall  be  the  dut}'  of 
such  grantee  to  keep  street 


in  repair  as  aforesaid  whether 
same  is  made  a condition  of 
grant  or  not;  also  liable  for 
costs  of  paving  and  repaving. 

26.  When  streets  occupied  by 

tracks  are  in  bad  condition 
owners  of  such  tracks  to  have 
notice  thereof;  when  notice 
neglected  City  Engineer  to 
repair  at  expense  of  owners; 
also  liable  for  penalty. 

27.  Sand  or  gravel  may  be  used  on 
grades  and  curves;  penalty. 

28.  Railway  companies  to  sprinkle 

streets  between  first  of  May 
and  first  of  November. 

29.  Penalty  for  neglect  to  sprinkle 

streets  when  ordered  so  to  do 
by  Commissioner  of  Street 
Cleaning. 

Rules  For  Street  Cars  in  Motion. 

30.  Speed  through  markets  not  to 

exceed  four  miles  per  hour; 
penalty  for  greater  speed. 

31.  All  cars  to  stop  before  reaching 

steam  railroad,  etc.,  cross- 
ings; duty  of  conductor;  pen- 
alty. 

32.  Speed  in  crossing  open  streets; 

penalty  for  greater  speed. 

33.  Street  cars  to  stop  for  pas- 

sengers on  far  side  of  cross- 
ings; proviso  as  to  necessary 
stops  on  near  side. 

34.  Penalty  for  stopping  on  near 

side. 

35.  Cars  to  stop  on  near  side  of 

engine  and  hook  and  ladder 
houses. 

36.  Penalty  for  failure  to  stop  at 

engine,  etc.,  houses. 

37.  Cars  not  to  remain  standing  in 

streets. 


ART.  30.]  STEAM  RAILROADS — ORDINANCES. 


1015 


Trolley  and  Brakes. 

38.  Pulling  off  trolley  or  interfer- 

ing with  rope  forbidden;  ap- 
plication of  brakes  by  un- 
authorized persons  prohibited ; 
penalty. 

Safety  Devices  on  Cars. 

39.  Car  fenders  to  be  provided;  to 

have  front  and  wheel  guards; 
compliance  of  same  with  re- 
quirements to  be  certified  to 
by  Mayor,  City  Register  and 
City  Engineer. 

40.  Penalty  for  failure  to  provide 

fenders. 

41.  Ends  of  cars  to  be  provided 

with  vestibules  between  first 
of  December  and  first  of 
April;  no  non-vestibule  cars 
to  be  run  during  said  period. 


42.  Penalty  for  running  cars  dur- 

ing said  period  without  vesti- 
bules. 

43.  Wheels  of  trailer  cars  to  be 

protected  by  guards. 

44.  Penalt}^  for  running  trailers 

without  guards. 

Riy^ht  of  Way  on  Tracks. 

45.  Vehicles  not  to  delay  cars; 

penalty  for  neglect  or  refusal 
of  drivers  to  give  way  to  cars. 

46.  Vehicles  going  in  same  direc- 

tion with  cars  have  right  of 
way  over  vehicles  going  in 
opposite  direction;  penalty  for 
improper  use  of  tracks  by 
vehicles. 

47.  Recovery  of  fines  and  penalties 

imposed  for  the  violation  of 
the  provisions  of  this  Article. 


STEAM  RAILROADS. 

Cars  of  Steam  Railroads. 

City  Code,  (1879)  Art.  40,  Sec.  1.  City  Code,  (1893)  Art.  41,  Sec.  1. 

1.  It  shall  not  be  lawful  for  any  railroad  company,  or 
any  other  person  or  persons,  firm  or  corporation,  owning  when  and  how 
any  car  or  cars,  to  permit  such  car  or  cars,  when  not  in 
actual  service,  to  remain  in  any  paved  street  for  a longer  ^ 

period  than  one  hour,  unless  there  be  some  chain  or  other 
fastening  affixed  to  the  wheels  of  every  such  car,  except 
when  several  cars  may  be  connected  together,  in  which  case 
the  said  chain  or  fastening  shall  be  attached  to  one  of  the 
said  cars,  so  as  to  prevent  the  car  or  cars  from  being  moved 
by  any  person  or  persons  without  violently  breaking  or  re- 
moving the  said  chain  or  other  fastening,  and  keep  the 
said  chain  or  fastening  affixed  as  aforesaid,  until  the 
same  may  be  regularly  removed  by  the  agent  or  person 
in  the  actual  service  of  the  said  company,  person  or 
persons,  firm  or  corporation,  owner  or  owners  of  any 
such  car;  and  for  every  violation  of  the  provisions  of 


1016 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


Only  author- 
ized persons 
to  put  cars  ii 
motion. 


Loading  and 
unloading  of 
cars. 


this  section,  the  company,  person  or  persons,  firm,  cor- 
poration, owner  or  owners  of  the  car  or  cars  so  remain- 
ing and  not  chained  or  fastened  as  aforesaid,  shall  for- 
feit and  pay,  for  each  and  every  violation  thereof,  not 
less  than  one  nor  more  than  twenty  dollars;  and  any 
person  or  persons,  firm  or  corporation,  owner  or  owners, 
as  aforesaid,  who  shall  permit  any  car  to  remain  in  any 
paved  street  on  Sunday,  shall  forfeit  and  pay  five  dollars 
for  every  car  so  remaining;  provided,  this  section  shall 
not  be  extended  to  cars  engaged  in  the  operation  of  making 
or  repairing  any  railways  or  pavements  within  the  city. 


City  Code,  (1879)  Art.  40,  Sec.  2.  City  Code,  (1893)  Art.  41,  Sec.  2. 

2.  It  shall  not  be  lawful  for  any  person,  other  than  an 
agent  or  person  in  the  actual  service  or  employ  of  the 
I railroad  company,  or  other  person  or  persons,  firm  or 
corporation,  owning  any  car  or  other  carriage  on  any  railway 
within  the  city,  without  the  consent  or  permission  of  the 
person  rightfully  having  charge  of  the  particular  car,  to 
put,  attempt  or  assist  to  put  any  car  in  motion  on  any 
railway  within  the  city,  or  to  go  on  or  into,  or  attempt,  or 
assist  any  other  person  to  get  on  or  into  any  such  car,  or 
to  remove,  unfasten  or  break,  or  attempt  or  assist  to 
remove,  or  unfasten  or  break  any  chain,  lock  or  other 
fastening  by  which  any  such  car  or  carriage  shall  be 
fastened  or  restrained  from  motion,  or  from  being  put  in 
motion;  and  any  person  violating  any  of  the  provisions  of 
this  section  shall  forfeit  and  pay  a sum  not  less  than  one 
nor  more  than  twenty  dollars. 


City  Code,  (1879)  Art.  40,  Sec.  3.  City  Code.  (1893)  Art.  41,  Sec.  3. 

3.  It  shall  not  be  lawful  for  any  railroad  company  or 
any  person  or  persons,  firm  or  corporation,  to  load  or 
unload  any  railroad  car  in  any  of  the  streets,  lanes,  or 
alleys  of  the  city,  except  at  the  several  depots,  or  by  the 
consent  of  the  occupiers  of  houses  or  lots  immediately 
opposite  their  respective  premises;  or  load  or  unload  coal, 
on  or  from  any  railroad  car  or  cars,  on  any  of  the  streets, 
lanes  or  alleys  of  the  city,  unless  by  the  consent  of  the 


ART.  30.]  STEAM  RAILROADS — ORDINANCES. 


1017 


occupants  of  houses  or  lots  opposite  to  the  point  where 
said  persons  may  wish  to  load  or  unload  said  car  or  cars, 
under  a penalty  of  five  dollars  for  each  and  every  offence. 


City  Code^  (1879)  Art.  40,  Sec.  4.  City  Code,  (1893)  Art.  41,  Sec.  4. 

4.  It  shall  not  be  lawful  for  any  railroad  company,  or 
any  other  person  or  persons,  firm  or  corporation,  owning 
any  car  or  cars,  to  place  or  cause  to  be  placed  any  passen- 
ger car,  burden  car,  wagon  or  other  vehicle  on  any  railroad 
within  the  city  limits,  in  such  manner  as  to  obstruct  the 
passage  of  foot  passengers  on  any  of  the  flag-stones  at  any 
of  the  cross  streets  within  said  limits,  under  a penalty  of 
five  dollars  for  each  and  every  offence,  and  a further 
penalty  of  five  dollars  for  any  car  which  may  remain  for 
an  hour  after  notice  given  to  remove  the  same. 

City  Code,  (1879)  Art.  40,  Sec.  5.  City  Code,  (1893)  Art.  41,  Sec.  5. 

5.  It  shall  not  be  lawful  for  any  railroad  company,  obstructions 
person  or  persons.  Arm  or  corporation,  to  place  any  railroad  [JrnSftJand 
cars  of  any  description,  on  any  turnout  or  private  switch  switches, 
within  the  city  limits,  in  such  manner  as  to  obstruct  the 

free  passage  along  the  line  of  the  street  between  the  rail- 
road and  the  footway,  under  a penalty  of  five  dollars  for 
each  and  every  offence. 

City  Code,  (1879)  Art.  40,  Sec.  6.  City  Code,  (1893)  Art.  41,  Sec.  6. 

6.  It.  shall  not  be  lawful  for  any  railroad  company,  obstructions 
person  or  persons.  Arm  or  corporation,  to  place  any  railroad  sen°e^s^S’d 
cars  of  any  description,  along  the  line  of  any  street,  in  vehicles, 
such  manner  as  to  prevent  the  passage  of  foot  passengers, 

carts  or  drays,  from  one  side  of  the  street  to  the  other,  on 
any  one  square  occupied  by  railroad  cars;  but  in  all  cases, 
the  company,  person  or  persons.  Arm  or  corporation,  so 
occupying  the  street  with  railroad  cars,  shall  leave  an 
opening  or  space  of  not  less  than  twenty  feet,  at  or  near 
the  centre  of  the  square,  or  at  equal  distances  from  the 
two  nearest  cross  streets,  under  a penalty  of  not  less  than 
ten  dollars  for  each  and  every  offence. 

McMahon  v.  N.  C.  Ry.  Co.,  39  Md.  460. 


1018 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


City  Code,  (1879)  Art.  40,  Sec.  7.  City  Code,  (1893)  Art.  41,  Secs.  7,  17. 

Rate  of  speed.  7.  No  passGnger,  burden  OL  Other  Car s shall  be  driven, 
hauled  or  propelled  on  any  of  the  railroads  or  railways 
within  the  city  limits,  (except  in  ascending  the  heavy 
grades  of  streets,  which  may  require  a greater  speed, 
when  the  rate  shall  not  exceed  six  miles  an  hour, ) at  any 
faster  gait  or  speed  than  a walk,  and  at  no  time  move 
without  a brakeman,  in  addition  to  the  driver,  under  the 
penalty  for  each  and  every  offence  of  twenty  dollars, 
except  as  provided  in  section  14  of  this  Article. 

B.  & O.  R.  R.  Co.  V.  Bahrs,  28  Md.  647;  B.  & O.  R.  R.  Co.  State 
use  of  Miller,  29  Md.  252;  B.  C.  P.  Ry.  Co.  v.  McDonald,  43  Md.  535. 

City  Code,  (1879)  Art.  40,  Sec.  8.  City  Code,  (1893)  Art.  41,  Sec.  8. 

^paStothe  shall  be  the  duty  of  every  person  or  persons  hav- 

right.  ing  charge  of  or  driving  any  cart,  dray,  wagon  or  other 
carriage,  which  shall  be  passing  on  or  along  any  street  in 
which  any  railroad  is  or  shall  be  laid  within  the  city,  to 
travel  or  pass  only  on  the  right  hand  side,  between  the 
curb  stone  and  the  track  of  the  railroad,  except  when 
prevented  by  some  obstruction  in  the  street,  or  when  it 
shall  be  necessary,  for  any  sufficient  cause,  to  cross  or  pass 
over  such  railway  to  the  opposite  side. 

City  Code,  (1879)  Art.  40,  Sec.  9.  City  Code,  (1893)  Art.  41,  Sec.  9. 

^do^^graSs.  9.  It  shall  not  be  lawful  for  any  person  or  persons, 
corporation  or  firm,  to  move  or  cause  to  be  moved,  more 
than  two  railroad  cars  in  connection,  upon  any  railroad 
track  leading  through  any  of  the  streets  of  the  city,  where 
the  descent  of  said  road  does  not  require  the  aid  of  pro- 
pelling power,  under  the  penalty  of  twenty  dollars  for 
each  and  every  offence. 


City  Code,  (1879)  Art.  40,  Sec.  10.  City  Code,  (1893)  Art.  41,  Sec.  10. 

Minors  jump- 

10.  It  shall  not  be  lawful  for  any  minor  not  in  the 
employ  of  the  railroad  company,  to  jump  on  or  from  any 
car  of  steam  railways,  whilst  such  car  is  in  motion,  under 
a penalty  of  one  dollar  for  every  such  offence. 


ART.  30.]  LOCOMOTIVE  ENGINES — ORDINANCES. 


1019 


Tracks  and  Switches. 

City  Code,  (1879)  Art.  40,  Sec.  11.  City  Code,  (1893)  Art.  41,  Sec.  11. 

11.  All  railroad  tracks  and  switches  now  laid,  and  those  Howto  be  laid, 
that  may  be  hereafter  laid  in  any  of  the  streets,  lanes  or 
alleys  in  the  city  of  Baltimore,  shall  be  filled  up  between 
the  rails  thereof  within  one  and  a half  inches  of  the  top  of 
the  iron  rails,  and  raised  with  a convex  form  in  the  centre 
even  with  the  top  of  said  rails,  with  good  even  stone  pave- 
ments, or  by  planking  the  same  with  two  inch  oak  plank. 


City  Code,  (1879)  Art.  40,  Sec.  12.  City  Code,  (1893)  Art.  41,  Sec.  12. 

12.  The  owners  and  occupiers  of  all  railroads  and  to  be  kept  in 
switches  above  referred  to  shall  at  all  times  keep  them  in  fS^n. 
good  condition,  as  prescribed  by  the  next  preceding  section 
of  this  Article,  under  a penalty  of  ten  dollars  for  every  day 
(after  notice  shall  have  been  given)  that  any  part  thereof 
shall, in  the  opinion  of  the  City  Engineer,  require  repairing; 
and  in  case  of  the  neglect  or  refusal  to  do  the  same  within 
the  time  specified  in  said  notice,  then  the  City  Engineer 
shall  have  the  same  done  in  a good  and  sufficient  manner, 
at  the  expense  of  said  owner  or  occupier.  * 


Locomotive  Engines. 

City  Code,  (1879)  Art.  40,  Sec.  13.  City  Code,  (1893)  Art.  41,  Sec.  13. 

13.  The  Northern  Central  Railway  Company  is  hereby 
authorized  to  use  locomotive  engines,  adapted  to  a low  speed,  streets, 
on  the  railroad  track  on  North  street,  to  and  from  Calvert 
station;  the  Baltimore  and  Ohio  Railroad  Company  is 
authorized  to  use  locomotive  steam  power  upon  its  tracks 
between  the  city  limits  and  Camden  station,  and  along 
Pratt  street,  upon  its  track,  from  Howard  street  to  the 
Mount  Clare  station;  and  the  Philadelphia,  Baltimore  and 
Washington  Railroad  Company  is  authorized  to  use  locomo- 


*Note. — As  to  removal  of  dangerous  switches,  see,  B.  & O.  R.  R.  Co. 
V.  Baltimore  City,  98  Md.  535. 


;i020 


RAILROADS  AND  RAILWAYS— ORDINANCES.  [arT.  30. 


iPrecautions 
such  use. 


Penalty. 


tive  engines  on  its  railway  tracks,  between  the  eastern 
boundary  line  of  the  city  and  its  depot  at  the  intersection  of 
Canton  avenue  and  President  street. 


City  Code,  (1879)  Art.  40,  Sec.  14.  City  Code,  (1893)  Art.  41,  Sec.  14- 

in  14.  When  a locomotive  engine  is  used  within  the  limits 
of  the  city,  a man  shall  be  required  to  ride  on  the  front  of 
the  locomotive  engine  when  going  forward,  and  when  go- 
ing backward,  on  the  tender,  not  more  than  twelve  inches 
from  the  bed  of  the  road;  nor  shall  any  locomotive  engine 
be  propelled  at  a greater  rate  of  speed  than  five  miles  per 
hour,  except  when  there  are  grades  requiring  a greater 
speed,  and  then  it  shall  not  exceed  the  rate  of  six  miles  per 
hour;  and  . the  person  or  persons  having  charge  of  such 
locomotive  engine,  shall  ring  a bell  when  approaching  any 
and  every  cross  street,  and  no  steam  whistle  attached  to 
any  locomotive  engine  shall  be  used  within  the  limits  of 
the  city,  except  at  the  Mount  Clare  and  Camden  stations, 
and  between  said  stations  and  the  city  limits;  for  any  vio- 
lation of  the  conditions  herein  set  forth,  the  company  so 
violating  shall  forfeit  and  pay  the  sum  of  ten  dollars  for 
each  and  every  offence.* 


City  Code,  (1879)  Art.  40,  Sec.  15.  City  Code,  (1893)  Art.  41,  Sec.  15. 

15.  If  any  railroad  company  shall  use  or  cause  to  be 
used  any  locomotive  engine  or  engines  propelled  by  steam 
on  any  railroad  track  within  the  city  of  Baltimore,  other 
than  those  where  authorized  by  ordinance  of  the  city,  the 
company  shall  forfeit  and  pay  for  every  such  offence,  the 
sum  of  twenty  dollars,  to  be  collected  as  other  fines  and 
penalties  of  the  city. 


*Note. — As  to  violation  of  provisions  of  section  14,  supra,  and  liability 
arising  from  violation  of  speed  ordinances,  see,  B.  & O.  R.  R.  v.  State 
use  of  Allison,  62  Md.  489.  P.,  W.  & B.  R.  R.  Stebbing,  62  Md.  515. 

B.  & O.  R.  R.  V.  Mali,  66  Md.  53.  B.  & O.  R.  R.  v.  State,  69  Md.  556. 
State  V.  B.  & O.  R.  R.,  69  Md.  346.  Reidel  v.  P.,  W.  &B.  R.  R.  Co., 
87  Md.  157. 


ART.  30.]  CONSTRUCTION  OF  RAILROADS — ORDINANCES. 


1021 


City  Code,  (1879)  Art.  40,  Sec.  16.  City  Code,  (1893)  Art.  41,  Sec.  16. 

16.  Privilege  is  granted  the  several  railroad  companies  u^eof^wood^for 
to  use  wood  as  well  as  coal  or  coke  as  a fuel  for  steam  steam, 
within  the  limits  of  the  city  of  Baltimore;  provided,  how- 
ever, that  nothing  herein  contained  shall  be  so  construed 
as  to  prevent  the  Mayor  and  City  Council  of  Baltimore 
from  repealing  all  or  any  of  the  provisions  of  this  section, 
whenever  they  may  deem  it  expedient. 


City  Code,  (1879)  Art.  40,  Sec.  18.  City  Code,  (1893)  Art.  41,  Sec.  18. 

1 7.  This  sub-division  of  this  Article  is  intended  to  apply  xobe  appuca- 
to  all  locomotive  engines  that  now  are  or  may  hereafter  be 

used  within  the  limits  of  the  city  of  Baltimore. 

CONSTRUCTION  OF  RAILROADS  AND  RAILWAYS. 

City  Code,  (1879)  Art.  40,  Sec.  19.  City  Code,  (1893)  Art.  41,  Sec.  19. 

18.  It  shall  be  the  duty  of  the  City  Engineer  from  time  construction 
to  time  to  examine  the  construction  of  the  several  railway 
tracks  authorized  by  ordinances  to  be  laid  within  the  limits 

of  the  city,  and  to  report  to  the  Mayor  any  obstruction  or 
impediment  to  the  ordinary  use  of  any  street  or  streets, 
caused  by  the  said  tracks  being  improperly  laid  and  not 
being  in  conformity  with  the  provisions  of  the  ordinances 
authorizing  their  construction;  and  it  shall  be  the  duty  of 
the  Mayor  to  enforce  the  ordinance  or  ordinances  relating 
to  the  removal  of  said  tracks,  unless  in  his  judgment  the 
remedy  shall  be  furnished  by  the  enactment  contained  in 
the  next  succeeding  section. 


City  Code,  (1879)  Art.  40,  Sec.  20.  City  Code,  (1893)  Art.  41,  Sec.  20. 

19.  It  shall  and  may  be  lawful  for  the  Mayor  of  the  Removal  or  ai- 
city  to  exercise  his  discretion  in  all  cases  where  an  obstruc-  {rSlT 
tion  or  impediment  is  caused  by  the  mode  of  construction 
of  any  railway  within  the  city,  to  the  ordinary  use  of  said 
street,  to  have  the  said  track  entirely  removed,  or  to  have 
the  said  track  so  altered  or  arranged  as  to  abate  the  evil 
complained  of,  by  giving  notice  to  said  companies  or  owners 


1022 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


Obstruction  of 
gutters. 


Penalty. 


Intervals  for 
running  all 
night  cars. 


of  said  railway  tracks,  who  shall  be  allowed  a reasonable 
time  to  make  said  alteration  under  the  direction  of  the  City 
Engineer;  and  upon  a failure  on  the  part  of  said  companies  or 
owners  to  comply  with  the  requirements  of  said  notice,  it  shall 
be  the  duty  of  the  City  Engineer  to  have  the  said  work  done, 
and  the  bills  shall  be  collected  from  the  owners  of  said 
railway  tracks  by  legal  proceedings,  if  the  same  shall  be 
disputed  or  remain  unpaid  for  the  space  of  thirty  days. 


City  Code,  (1879)  Art.  40,  Sec.  21.  City  Code,  (1893)  Art.  41,  vSec.  21. 

20.  It  shall  be  the  duty  of  the  City  Engineer  to  examine 
the  construction  of  said  railways,  and  enforce  strictly  all 
the  provisions  of  ordinances  relating  to  the  obstruction  of 
the  gutters  caused  by  the  laying  of  said  railway  tracks; 
and  in  all  cases  of  obstruction  and  impediments  of  any  kind 
arising  from  the  improper  construction  of  railway  tracks, 
in  which  no  other  remedy  is  now  provided  by  ordinance, 
it  shall  be  the  duty  of  the  City  Engineer  to  give  notice  to 
the  owners  of  said  railway  tracks  that  unless  the  said  ob- 
structions be  removed  or  altered  so  as  to  remedy  the  evil 
complained  of  within  a reasonable  time,  the  City  Engineer 
shall  proceed  to  have  the  said  railway  reconstructed  at  the 
cost  of  the  owners  aforesaid. 


City  Code,  (1879)  Art.  40,  Sec.  22.  City  Code,  (1893)  Art.  41,  Sec.  22. 

21.  If  at  anytime  hereafter  any  railway  shall  be  con- 
structed within  the  limits  of  the  city,  in  a mode  or  manner 
so  as  to  obstruct  the  ordinary  use  of  the  street  or  streets 
in  which  the  said  railway  shall  be  laid  down,  the  owners 
of  said  railway  shall  be  subject  to  a penalty  of  one  hundred 
dollars,  and  be  liable  to  a fine  of  five  dollars  for  each  and 
every  day  such  obstructions  shall  be  permitted  to  remain 
after  notice  of  the  City  Engineer  to  remove  the  same. 

STREET  PASSENGER  RAILWAYS. 

All  Night  Cars. 

Ord.|182,  March  30,  1899. 

22.  The  United  Railways  and  Electric  Company,  the 
lawful  successor  of  the  Consolidated  Railway  Company  is 


ART.  30.]  RAILWAY  BED  AND  TRACKS — ORDINANCES. 


1023 


required  to  run  cars  over  each  of  its  following  lines  within 
the  limits  of  the  city  of  Baltimore,  one  each  way  each  hour 
between  the  hours  of  one  o'clock  and  five  o’clock  A.  M., 
leaving  each  terminus  on  the  hour:  The  Roland  Park  and 
Highland  town  Line,  the  Carey  street  and  Fort  Avenue  Line 
between  Fort  McHenry  and  the  Park  Terminal  at  Druid  Hill 
and  Fulton  avenues,  the  York  Road  and  Frederick  Road 
line,  between  Arlington  Avenue  and  York  Road  and  Irving- 
ton; and  the  said  United  Railways  and  Electric  Company  as 
the  lawful  successor  of  the  Baltimore  City  Passenger 
Railway  Company  is  required  to  run  cars  over  each  of  its 
following  lines  within  the  limits  of  the  city  of  Baltimore, 
one  each  way  each  hour  between  the  hours  of  one  o’clock 
and  five  o’clock  A.  M.,  leaving  each  terminus  on  the  hour: 

The  Gay  Street  Line,  the  Orleans  Street  Line  between 
Light  and  Heath  Streets  and  Patterson  Park  and  North 
Avenues,  the  Green  Line  now  known  as  the  Pennsylvania 
Avenue  and  Canton  Line,  and  the  Harford  Avenue  cars 
connecting  with  the  other  line  of  cars  at  Gay  and  Lexington 
streets;  and  any  failure  to  comply  with  the  provisions  and 
requirements  of  this  section  shall  be  punishable  by  a fine 
against  the  said  United  Railways  and  Electric  Company 
its  lawful  successors  or  assigns  of  two  hundred  dollars  penauy^foj^^ 
($200)  for  each  and  every  night  it  or  they  shall  fail  to  run  carsashere- 

provided. 

cars  as  hereinbefore  provided  on  any  one  of  the  above 
mentioned  lines  or  routes. 


Railway  Bed  and  Tracks. 

City  Code,  (1879)  Art.  40,  Sec.  23.  City  Code,  (1893)  Art.  41,  Sec.  30. 

23.  It  shall  not  be  lawful  for  any  passenger  railway  street  raii- 
company  to  construct  any  railway  track  over  any  of  the  bebuht 
bridges  belonging  to  the  city  of  Baltimore  in  any  other  bUdlJs. 
manner  than  by  notching  the  regular  form  of  rail,  or  by 
laying  a bar,  three-fourths  to  one  inch  in  thickness,  on  the 
top  of  the  floor  of  the  bridges;  and  any  person  or  persons  or  struction  of 
body  corporate  who  shall  violate  the  provisions  of  this 
section,  shall  forfeit  and  pay  a penalty  of  twenty  dollars, 
and  a further  penalty  of  ten  dollars  for  every  day  such 


1024 


RAII^ROADS  AND  RAILWAY — ORDINANCES.  [arT.  30. 


violation  shall  be  continued,  to  be  recovered  in  the  same 
manner  as  other  fines  and  penalties  are  now  recoverable. 


City  Code,  (1879)  Art.  40,  Sec.  37.  City  Code,  (1893)  Art.  41,  Sec.  34. 

\weln^racks  railway  companies  shall  keep  the  streets 

and  for  two  covered  by  said  tracks,  and  extending-  two  feet  on  the 
side  to  be  outer  limits  of  either  side  of  said  tracks,  in  thorough 
pair.  repair,  at  their  own  expense,  and  shall  free  the  same  from 
snow  or  other  obstructions,  in  doing  which  they  shall  not 
cause  to  be  obstructed  the  other  portions  of  the  street  on 
either  side  of  the  railway  tracks  authorized  by  this  Article 
to  be  constructed,  and  for  non-compliance,  the  Mayor  and 
City  Council  of  Baltimore  may  impose  such  reasonable 
fines,  not  exceeding  twenty  dollars  per  square. 


Ord.  9,  December  9,  1897. 

Railways  to  cases  where  rights  or  privileges  may  be 

SsfreeUn  “ hereafter  granted  to  any  street  railway  to  use  or  occupy 
Repair  as  the  streets  of  Baltimore  the  railroad  company  or  companies 
using  the  street  shall  be  obliged  in  every  case  and  shall 
assume  the  obligation,  whether  the  same  be  provided  for 
in  the  ordinance  granting  such  rights  or  franchises  or  not, 
to  keep  the  portion  of  the  street  over  which  their  rails  are 
laid,  in  repair  between  the  tracks  so  laid  and  two  feet  on 
either  side,  and  they  shall  pay  the  cost  of  paving  and 
repaving  that  portion  of  said  street  or  streets  in  every 
case  where  the  street  or  streets  may  be  paved  or  repaved 
by  ordinance. 

Ord.  34,  April  1,  1881.  City  Code,  (1893)  Art.  41,  Sec.  35.  Ord.  101, 
June  30,  1898. 

City  Engineer  26.  When  in  the  judgment  of  the  City  Engineer  any 
pair  of  strict,  of  the  streets  occupied  by  the  street  railway  companies  are 
in  bad  condition  or  out  of  repair  between  the  rails  and  two 
feet  outside  of  the  outer  rails,  he  shall  notify  the  railway 
^pany  to^^r?’  company  occupying  the  street  to  put  the  same  in  repair 
Sf 'lt?e?t  within  the  limits  above  named;  and  if  the  City  Engineer’s 
order  is  disregarded  and  the  repairs  called  for  are  not  made 


ART.  30.] 


SPRINKLING  STREETS — ORDINANCES. 


1025 


within  ten  (10)  days  of  the  date  of  the  notice  the  City 
Engineer  shall  make  the  repairs  and  charge  the  cost  thereof 
to  the  railway  company,  with  ten  per  cent,  added  for 
supervision  and  use  of  tools,  and  shall  take  the  necessary 
steps  to  collect  said  bill;  and  the  railway  company  so 
neglecting,  failing  or  refusing  to  make  such  repairs  as  the 
City  Engineer  directs,  shall  pay  a fine  of  twenty  dollars 
($20)  for  every  square  or  part  thereof  on  the  route  or  line  penalty, 
of  tracks  of  said  company  which  it  shall  so  neglect,  fail  or 
refuse  to  repair  as  directed. 


Ord.  118,  November  5,  1887.  Ord.  106,  June  3,  1891.  City  Code,  (1893) 

Art.  41,  Sec.  36. 

27.  The  several  street  railway  companies  are  authorized 
from  time  to  time,  to  spread  clean  sand  or  gravel  upon  and  to  be  used 
between  their  rails,  in  such  curves  and  steep  grades  as  the  grades  and 
Commissioner  of  Street  Cleaning  shall  designate.  Any 
person  or  corporation  violating  any  of  the  provisions  of 
this  section  shall  forfeit  and  pay  a fine  of  fifty  dollars  for 
each  and  every  offence. 


Res.  May  22,  1893.  City  Code,  (1893)  Art.  41,  Sec.  60.  Ord.  102,  June 
5,  1896. 

28.  The  Commissioner  of  Street  Cleaning  is  authorized 
and  directed  to  require  the  various  railway  companies 
using  the  streets,  avenues  or  lanes  of  the  city  to  sprinkle 
thoroughly  with  water  the  streets,  avenues  or  lanes  along 
the  lines  of  their  railways,  subject  to  such  regulations  as 
to  time,  manner  and  extent  as  he  in  his  discretion  may 
deem  best,  provided  that  no  sprinkling  shall  be  required 
to  be  done  except  between  the  first  day  of  May  and  the 
first  day  of  November  in  each  year. 


Ord.  102,  June  5,  1896. 

29.  Any  railway  neglecting  or  refusing  to  sprinkle  said 
streets,  avenues  or  lanes  upon  or  in  accordance  with  the 
order  of  said  Commissioner  of  Street  Cleaning,  as  provided 


1026 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [arT.  30. 


Penalty. 


Speed  through 
markets. 


Steam  railroad 
or  rapid 
transit 
crossings. 


Penalty. 


Speed  in 
crossing 
open  streets. 


for  in  the  next  preceding  section  shall  forfeit  and  pay  a 
fine  of  not  less  than  ten  dollars  ($10)  nor  more  than 
twenty-five  dollars  ($25)  for  every  time  they  shall  so 
neglect  or  refuse  to  obey  the  order  of  said  Commissioner 
of  Street  Cleaning. 


Rules  for  Street  Cars  in  Motion. 

Ord.  134,  May  8,  1893.  City  Code,  (1893)  Art.  41,  Sec.  53. 

30.  It  shall  not  be  lawful  for  any  conlpany  now  or 
hereafter  to  be  operated  as  a city  passenger  railway  com- 
pany, to  propel  or  haul  its  cars  at  a greater  speed  than  four 
miles  an  hour  while,  passing  through  the  legal  limits  of 
any  of  the  city  markets  during  market  hours.  For  each 
and  every  violation  of  any  of  the  provisions  of  this  section, 
the  offender,  upon  conviction  thereof,  shall  be  liable  to  a 
fine  of  ten  dollars. 


Ord.  186,  May  25,  1893.  City  Code,  (1893)  Art.  41,  Sec.  52. 

31.  All  cars  propelled  by  steam,  electricity  or  other 
power,  shall  come  to  a full  stop  before  reaching  steam  rail- 
road or  rapid  transit  crossings,  and  must  not  start  until  the 
conductor  has  satisfied  himself  that  the  crossing  is  safe 
and  given  the  bell  to  the  motorman.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to 
a fine  of  five  dollars  for  each  and  every  offence. 


Ord.  157,  May  12,  1893.  'City  Code,  (1893)  Art.  41,  Sec.  54. 

32.  No  traction,  cable,  electric  or  other  city  passenger 
railway  car  or  cars  not  drawn  by  horse  power  shall  cross 
any  open  street  within  the  limits  of  the  city  of  Baltimore, 
at  a speed  greater  than  six  miles  an  hour ; for  each  and 
every  violation  of  this  section,  the  offender,  upon  convic- 
tion thereof  shall  be  liable  to  a fine  of  five  dollars  and  costs. 


Penalty. 


ART.  30.]  RUTKS  FOR  STRBKT  CARS  IN  MOTION — ORDINANCBS. 


1027 


Ord.  119,  May  4,  1893.  City  Code,  (1893)  Art.  41,  Sec.  59.  Ord.  224, 

March  15,  1905. 

33.  Each  and  every  passenger  street  car  in  the  city  of  cars  to  stop  on 
Baltimore  shall  stop  on  the  far  side  of  the  street  crossing 
when  stopping  to  take  on  passengers  or  to  permit  them  to 
alight ; provided,  however,  that  it  shall  not  be  obligatory 
upon  the  company  operating  such  street  car  to  take  on 
passengers  or  permit  them  to  alight  on  the  near  side  when 
such  car  has  come  to  a full  stop  before  reaching  steam 
railroad  or  rapid  transit  crossings. 


Ord.  224,  March  15,  1905. 

34.  All  companies  operating  passenger  street  cars  in  Penalty, 
the  city  of  Baltimore  which  shall  fail  to  comply  with  the 
provisions  of  the  next  preceding  section  of  this  Article, 
shall,  upon  conviction  thereof,  be  liable  to  a fine  of  not  less 
than  five  nor  more  than  ten  dollars  for  each  and  every 
failure. 


Ord.  104,  May  28,  1894. 

35.  Any  and  all  street  cars  in  Baltimore  city,  when  where  cars 
propelled  by  horses,  electricity,  or  other  motive  power,  shall 
be  stopped  on  the  near  side  of,  and  before  passing  any 
engine  or  hook  and  ladder  house  of  the  Fire  Department, 
so  as  to  avoid  accidents  to  the  members  and  apparatus  of 
the  Fire  Department  when  coming  out  of  their  respec- 
tive houses  to  answer  alarms  of  fire. 


Ord.  104,  May  28,  1894. 

36.  All  city  passenger  railway  companies  now  being 
operated  as  such,  or  which  may  be  hereafter  granted  the 
privilege  of  so  doing,  who  shall  fail  to  comply  with  the 


1028 


RAII^ROADS  and  railways — ORDINANCES.  [arT.  30. 


provisions  of  the  next  preceding  section  of  this  Article, 
shall,  upon  conviction  thereof,  be  liable  to  a fine  of  not  less 
than  five  nor  more  than  ten  dollars  for  each  and  every 
failure. 


City  Code,  (1879)  Art.  40,  Sec.  31.  City  Code,  (1893)  Art.  41,  Sec.  32. 

37.  The  cars  running  upon  said  railways  shall  not 
Cars  not  to  remain  standing  on  the  line  of  their  routes  for  passengers, 

standing  on  but  shall  be  subject  to  all  the  police  regulations  which  are 
tracks.  hereafter  be  contained  in  the  ordinances  of 

the  city,  in  regard  to  railway  cars  or  other  vehicles,  so  far 
as  said  regulations  may  be  applicable  thereto. 


Trolley  and  Brakes. 

Ord.  3,  October  18,  1899. 

Prohibits  the  shsiW  not  be  lawful  for  any  unauthorized  person 

Sr inteffeSng  porsons,  whether  passengers  or  not,  to  intentionally 
or  tronSy^^  pull  or  othorwiso  interfere  with  the  trolley  or  trolley  rope 
so  that  the  trolley  wheel  shall  be  pulled  from  the  overhead 
trolley  wire,  or  to  apply  or  put  on  the  brakes  of  any  elec- 
tric street  railway  car  within  the  limits  of  the  city  of 

Brakes.  Baltimore,  under  a penalty  of  not  less  than  five  dollars 
nor  more  than  twenty  dollars. 

Penalty, 

Safety  Devices  on  Cars. 

Ord.  129,  May  8,  1893.  Ord.  219,  October  14,  1893.  City  Code,  (1893) 
Art.  41,  Secs.  55,  56.  Ord.  140,  October  6,  1894. 

Car  fenders  to  39.  All  city  passongor  railway  companies  using  any  of 
be  provided,  stroots  of  Baltimore  for  the  purpose  of  running  thereon 
street  railway  cars  propelled  by  any  species  of  mechanical 
traction,  shall  provide  for  each  car  or  train  of  cars  a car- 
fender  or  fenders  with  both  front  and  wheel  guards  of  a de- 
sign which  the  Mayor,  City  Register,  and  City  Engineer 
shall  have  certified  in  writing  over  their  signatures  to,  in 


ART.  30.]  SAFETY  DEVICES  ON  CARS — ORDINANCES. 


1029 


their  judgment,  comply  with  the  requirements  set  forth  in 
the  report  made  to  the  commission  appointed  under  the 
provisions  of  Resolution  of  the  Mayor  and  City  Council  of 
Baltimore  No.  184,  approved  April  28,  1894,  by  Mendes 
Cohen,  engineer  to  said  commission. 


Ord.  140,  October  6,  1894. 

40.  A failure  on  the  part  of  any  of  said  companies  Penaitj.. 
to  comply  with  the  provisions  of  the  next  preceding  section 
of  this  Article,  shall  subject  such  company  so  in  default  to 
a fine  or  penalty  of  five  dollars  a day  for  each  and  every 
car  operated  without  said  fender  or  fenders. 


Ord.  181,  March  30,  1899.  Ord.  77,  November  20,  1900. 

41.  The  companies  operating  lines  of  railways  on  the 
streets  of  the  city  are  required  to  run  cars  during  the 
period  from  the  first  day  of  December  to  the  first  day  of 
April  in  each  and  every  year,  which  shall  be  vestibuled  by 
enclosing  both  ends  of  the  cars  from  roof  to  dashboard,  tibuied. 
excepting  at  the  two  sides  of  the  platform,  said  enclosure 
to  consist  of  glass  and  necessary  frame  work  of  wood  or 
metal,  and  during  the  period  mentioned  it  shall  not 
be  lawful  for  said  companies  to  run  any  car  on  any  of  the 
streets  occupied  by  their  tracks  within  the  limits  of  the  city 
not  so  provided  with  the  shelter  aforesaid. 


Ord.  181,  March  30,  1899. 

42.  Any  of  the  passenger  railway  companies  operating  Penalty  for 
the  lines  of  railway  in  the  streets  of  the  city  which  shall 
fail  to  comply  with  the  requirements  of  the  next  preceding 
section  of  this  Article  by  running  cars  anywhere  within 
the  city  limits  during  the  period  aforesaid,  as  prescribed 
in  the  next  preceding  section  of  this  Article,  without  having 
vestibuled  or  provided  the  said  cars  with  shelter  as  described 
in  the  next  preceding  section  for  the  purpose  of  pro- 
tecting the  said  motormen,  conductors,  and  passengers 


1030 


RAII.ROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


from  the  rigors  of  the  weather,  as  aforesaid,  shall  be  liable  to 
a penalty  of  fifty  dollars  ($50)  for  each  and  every  trip 
made  by  any  cars  so  run. 


Ord.  5,  February  5,  1892.  City  Code,  (1893)  Art,  41,  Sec.  57. 

Trailers  to  be  It  shall  be  the  duty  of  all  passenger  railway  com- 

panies  within  the  city  of  Baltimore  which  shall  use  any 
cars  as  trailers,  which  are  attached  to  and  drawn  after 
any  other  cars,  to  cause  the  wheels  of  such  trailers  to  be 
protected  by  proper  guards  so  as  to  prevent  any  person 
from  being  injured  by  said  wheels. 


Ord.  5,  February  5,  1892,  City  Code,  (1893)  Art.  41,  Sec.  58. 

44.  Any  passenger  railway  company  which  shall  use 
any  trailers  without  the  guards  mentioned  in  the  next 
preceding  section,  shall  be  subject  to  a penalty  of  five 
dollars  for  each  and  every  day  that  any  trailer  without 
such  guards  shall  be  so  used. 


Right  of  Way  on  Tracks. 

City  Code,  (1879)  Art.  40,  Sec.  81.  City  Code,  (1893)  Art.  41,  Sec.  33. 

45.  No  person  shall  be  allowed  to  use  street  vehicles 
on  the  tracks  of  any  of  the  street  passenger  railways  to 
the  hindrance  and  delay  of  the  cars,  and  all  persons  who, 
upon  the  call  or  signal  of  any  driver,  conductor  or  other 
car?  P^rsous  in  charge  of  a car  passing  on  its  route,  wilfully 
neglect  or  refuse  to  vacate  said  tracks,  shall  be  subject  to 
a fine  of  not  more  than  ten  dollars,  nor  less  than  five  dollars. 


City  Code,  (1879)  Art.  40,  Secs.  24,  25,  26.  City  Code,  (1893)  Art.  41, 
Sec.  31. 


46.  All  vehicles  going  in  the  same  direction,  and  upon 
the  track  with  a passenger  railway  car,  shall  be  entitled 
^Ses^fracks.  to  the  right  of  way  of  such  track,  and  not  compelled  to  leave 


ART  30.]  NOTE  ON  RAIRROADS — ORDINANCES.  1031 

the  same  for  vehicles  traveling  in  an  opposite  direction. 

This  section  shall  not  in  any  way  conflict  with  the  right  of 
way  already  granted  the  several  city  passenger  railway 
companies  for  the  use  of  their  tracks.  Each  and  every 
person  violating  the  provisions  of  this  section,  shall  be 
liable  to  a penalty  of  two  dollars. 

47.  All  fines  and  penalties  incurred  by  the  violation  of 
any  of  the  provisions  of  this  Article,  shall  be  recovered  as 
other  fines  and  penalties  imposed  by  ordinance  are  recover-  poseg^for  the 
able,  and  when  collected  shall  be  paid  to  the  Comptroller. 

this  Article. 

NOTE  RELATING  TO  CERTAIN  RAILROADS  AND  RAILWAYS. 


The  following  is  a list  of  the  ordinances  and  resolutions  of  the  Mayor 
and  City  Council  of  Baltimore,  heretofore  duly  passed,  relating  to  the 
several  railroad  and  railway  companies  respectively,  under  the  corpo- 
rate titles  of  which  they  are  respectively  grouped:** 


RAILROADS. 


BALTIMORE  AND  OHIO  RAILROAD  COMPANY.! 


The  several  ordinances  and  resolutions  relating  to  the  Baltimore  and 
Ohio  Railroad  Company  are  as  follows  : 


Res.  69,  April  16,  1828. 

Ord.  28,  March  28,  1829. 
Ord.  18,  April  4,  1831. 

Ord.  34,  April  25,  1831. 
Ord.  41,  April  6,  1832. 
Ord.  42,  April  26,  1836. 
Ord.  41,  April  7,  1837. 
Ord.  9,  February  28,  1843. 
Ord.  21,  April  19,  1845. 

Ord.  37,  May  2,  1845. 

Ord.  6,  April  3,  1850. 


Ord.  22,  May  10,  1850. 

Ord.  49,  June  10,  1850. 

Ord.  75,  July  22,  1852. 

Res.  175,  July  22,  1852. 

Ord.  48,  May  24,  1853. 

Ord.  6,  December  16,  1853. 
Ord.  5,  December  27,  1853. 
Ord.  38,  May  18,  1860 
Ord.  42,  June  13,  1860. 

Ord.  101,  October  18,  1860. 
Ord.  72,  May  18,  1864. 


**Note. — For  a table  or  tree  showing  the  origin  of  the  United  Railways 
and  Electric  Company  and  the  various  consolidations  of  its  constituent 
companies,  see  Appendix  “D”  at  end  of  Code. 


fNoTE. — For  prior  compilations  of  ordinances  relating  to  the  Balti- 
more and  Ohio  Railroad  Company,  See^  City  Code,  (1879)  Art.  40,  Secs. 
142-190.  Supplement  of  1885,  Art.  40,  Secs.  190A-190T.  City  Code, 
(1893)  Art.  41,  Sec.  23. 


1032 


RAII^ROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


Res.  200,  October  22,  1864. 
Ord.  6,  March  20,  1867.  . 

Ord.  22,  April  10,  1868. 
Ord.  52,  July  17,  1869. 

Res:  198,  April  10,  1873. 
Ord.  40,  April  12,  1873. 

Res.  313,  June  4,  1873. 

Res.  45,  June  8,  1874. 

Res.  140,  April  19,  1878. 

Res.  212,  June  30,  1879. 

Ord.  34,  March  20,  1880. 
Ord.  60,  April  22,  1880. 

Ord.  100,  May  11,  1880. 
Res.  148,  May  11,  1880. 
Ord.  122,  May  25,  1880. 

Ord.  146,  October  22,  1880. 
Ord.  6,  February  9,  1881. 
Ord.  39,  April  5,  1881. 

Ord.  63,  May  5,  1881. 

Ord.  98,  May  21,  1881. 

Ord.  9,  February  21,  1882. 
Ord.  7,  February  23,  1882. 
Res.  48,  March  1,  1882. 

Ord.  11,  March  9,  1883. 
Res.  89,  April  12,  1883. 

Ord.  41,  April  25,  1883. 

Ord.  108,  October  20,  1883. 
Ord.  119,  June  2,  1884. 

Ord.  10,  March  11,  1885. 

Ord.  16,  March  18,  1885. 
Ord.  12,  March  24,  1887. 
Ord.  7,  March  14,  1888. 
Res.  80,  April  14,  1888. 

Res.  76,  May  14,  1889. 

Ord.  63,  May  16,  1889. 

Ord.  87,  June  7,  1889. 

Res.  119,  June  8,  1889. 


Res.  149,  May  1,  1893. 

Ord.  105,  June  12,  1895. 

Res.  67,  May  13,  1896. 

Ord.  133,  September  4,  1896. 
Ord.  136,  September  15,  1896. 
Res.  130,  October  21,  1896. 

Ord.  5,  February  5,  1897. 

Ord.  19,  May  24,  1897. 

Ord.  20,  May  24,  1897. 

Ord.  85,  October  13,  1897. 

Ord.  15,  March  3,  1898. 

Ord.  17,  March  4,  1898. 

Ord.  154,  February  10,  1899. 
Ord.  199,  April  27, 1899. 

Ord.  200,  April  27,  1899. 

Ord.  201,  April  27,  1899. 

Ord.  88,  December  12,  1900. 
Res.  6,  December  16,  1901. 
Ord.  116,  January  16,  1903. 
Ord.  135,  March  19,  1903. 
Ord.  142,  April  16,  1903. 
Res.  10,  May  20,  1904. 

Ord.  80,  May  21,  1904. 

Ord.  81,  May  21,  1904. 

Ord.  105,  June  20,  1904. 

Res.  11,  June  20,  1904. 

Ord.  124,  June  29,  1904. 

Ord.  141,  October  21,  1904. 
Ord.  176,  December  22,  1904. 
Ord.  235,  April  6,  1905. 

Ord.  237,  April  15,  1905. 

Ord.  67,  January  29,  1906. 

Ord.  68,  January  29,  1906. 
Ord.  69,  January  29,  1906. 

Ord.  107,  March  30,  1906. 

Ord.  126,  May  7,  1906. 

Ord.  157,  June  18,  1906 


Baltimore  Belt  Railroad  Company. 

The  several  ordinances  and  resolutions  relating’  to  the  Baltimore  Belt 
Railroad  Company  are  as  follows  : 

Ord.  83,  May  14,  1890.  Res.  129,  October  21,  1896. 

Ord.  84,  May  14,  1890.  Ord.  81,  July  25,  1902. 

Ord.  51,  April  18,  1892.  Ord.  48,  March  1,  1904. 

Ord.  19,  February  27,  1893. 

**NoTK. — In  reference  to  the  Baltimore  Belt  Railroad  Company,  see^ 
City  Code,  (1893)  Art.  41,  Secs.  28,  28A. 


ART.  30. J NOTH  ON  RAILROADS — ORDINANCES. 


1033 


MARYLAND  AND  PENNSYLVANIA  RAILROAD  COMPANY. 

The  several  ordinances  relating  to  the  Maryland  and  Pennsylvania 
Railroad  Company,  also  known  heretofore  as  the  Baltimore  and  Delta 
Railroad  Company,  the  Maryland  Central  Railroad  Company,  and  the 
Baltimore  and  Lehigh  Railroad  Company,  are  as  follows  : f 

Ord.  94,  May  18,  1881.  Ord.  27,  March  20,  1882. 


MARYLAND  DELAWARE  AND  VIRGINIA  RAILROAD 
COMPANY. 

The  following  resolution  relates  to  said  last  named  railroad  company  : 
Res.  24,  March  24,  1905. 


NORTHERN  CENTRAL  RAILWAY  COMPANY.** 

The  several  ordinances  and  resolutions  relating  to  the  Northern  Cen- 
tral Railway  Company  are  as  follows  : 


Ord.  33,  April  25,  1831. 

Ord.  31,  April  10,  1837. 

Ord.  36,  April  19,  1839. 
Ord.  1,  August  13,  1839. 

Res.  33,  February  29,  1840, 
Ord.  5,  May  1,  1840. 

Ord.  38,  May  2,  1845. 

Ord.  20,  April  6,  1849. 

Ord.  55,  June  20,  1854. 

Res.  180,  June  26,  1856. 

Ord.  51,  June  10,  1857. 

Ord.  39,  May  11,  1863. 

Ord.  31, May  18,  1865. 

Ord.  76,  June  20, 1866. 

Ord.  77,  September  20,  1868. 
Res.  93,  March  30,  1870. 

Ord.  38,  May  5,  1874. 

Ord.  102,  June  3,  1876. 

Ord.  103,  June  3,  1876. 

Ord.  3,  November  18,  1878. 
Ord.  55,  April  14,  1880. 

Ord.  107,  May  31,  1881. 


Ord.  119,  October  19,  1882. 
Ord.  100,  October  20,  1883. 
Ord.  88,  May  24,  1884. 

Ord.  89,  May  24,  1884. 

Res.  169,  June  23,  1886. 

Ord.  155,  October  21,  1889. 
Ord.  62,  May  5,  1890. 

Ord.  132,  June  11,  1890. 

Ord.  136,  June  12,  1890. 
Ord.  137,  June  13,  1890. 

Ord.  23,  April  4,  1898. 

Ord.  27,  April  4,  1898. 

Ord.  4,  October  18,  1899. 
Ord.  7,  October  29,  1899. 
Ord.  30,  January  4,  1900. 
Ord.  42,  April  2,  1900. 

Ord.  61,  June  6,  1902. 

Ord.  39,  January  11,  1904. 
Ord.  120,  June  29,  1904. 

Ord.  242,  April  24,  1905. 

Ord.  27,  November  24,  1905. 


tNoTE.— For  prior  compilations  of  ordinances  in  relation  to  the 
Maryland  and  Pennsylvania  Railroad  Company,  and  its  predecessor 
companies,  City  Code,  (1885)  Supplement,  Art.  40,  Secs.  269-273. 
City  Code,  (1893)  Art.  41,  Sec.  29. 


**NoTE.— For  prior  compilations  of  ordinances  and  resolutions  relating 
to  the  Northern  Central  Railway  Company,  and  its  constituent  companies, 
see.  City  Code,  (1879)  Art.  40,  Secs.  204-245.  Supplement  1885,  Art.  40, 
Secs.  245A-245K.  City  Code,  (1893)  Art.  41,  Sec.  24. 


1034 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


In  the  foregoing  list,  those  ordinances  given  of  date  prior  to  and  in- 
cluding Ord.  55,  June  20,  1854,  relate  to  the  Baltimore  and  Susquehanna 
Railroad  Company,  a constituent  company  of  the  said  Northern  Central 
Railway  Company. 


PHILADELPHIA,  BALTIMORE  AND  WASHINGTON 
RAILROAD  COMPANY.** 

The  several  ordinances  and  resolutions  relating  to  the  constituent 
companies  of  the  Philadelphia,  Baltimore  and  Washington  Railroad 
Company  are  as  follows  : 


Baltimore  and  Port  Deposit  Railroad  Company. 

Ord.  — , August  2,  1837.  Ord.  70,  June  16,  1853. 

Ord.  26,  April  9,  1849. 


Philadelphia,  Wilmington  and  Baltimore  Railroad 
Company. 


Ord.  14,  April  18,  1862. 
Ord.  42.  June  2,  1862. 
Res.  88,  May  23,  1863. 
Res.  354,  July  15,  1868. 
Ord.  82,  October  1,  1879. 
Ord.  51.  May  ! , 1882. 

Ord.  119,  October  19,  1882. 
Res.  44,  March  26,  1886. 


Ord.  92,  June  16,  1886. 

Res.  169,  June  23,  1886. 

Res.  152,  November  6,  1889. 
Res.  183,  March  30,  1899. 
Ord.  79,  November  30,  1900. 
Ord.  136,  March  19,  1903. 

Ord.  147,  May  1,  1903. 

Ord.  134,  August  15,  1904. 


Baltimore  and  Potomac  Railroad  Company. 

Ord.  37,  May  29,  1869.  Res.  71,  March  23,  1877. 

Ord.  49,  April  25,  1870.  Ord.  93,  April  24,  1893. 

Res.  458,  July  23,  1875. 


UNION  RAILROAD  COMPANY.! 

The  several  ordinances  and  resolutions  relating  to  the  Union  Railroad 
Company  are  as  follows  ; 

Ord.  2,  December  1,  1870.  Res.  145,  October  15,  1887. 

Ord.  77,  June  21,  1873.  Ord.  36,  April  5,  1890. 

Ord.  89,  May  24.  1884. 


**Note. — For  prior  compilations  of  ordinances  and  resolutions  relating 
to  the  constituent  companies  of  the  Philadelphia,  Baltimore  and  Wash- 
ington Railroad  Company,  see,  City  Code,  (1879)  Art.  40,  Secs.  191-203, 
246-248.  Supplement  1885,  Art.  40,  Secs.  248A,  248B.  City  Code,  (1893) 
Art.  41,  Secs.  24,  25. 


tNoTE. — In  relation  to  the  Union  Railroad  Company,  see,  Cit\^  Code,. 
(1879)  Art.  40,  Secs.  249-251.  City  Code,  (1893)  Art.  41,  Sec.  26. 


ART.  30.]  NOTE  ON  STREET  RAILWAYS— ORDINANCES. 


1035  . 


WESTERN  MARYLAND  RAILROAD  COMPANY,  WESTERN 
MARYLAND  TIDEWATER  RAILROAD  COMPANY,  AND 
WESTERN  MARYLAND  RAILROAD  TERMINAL 
COMPANY,  (a) 


The  several  ordinances  and  resolutions  relating  to  the  Western  Mary- 
land Railroad  Company  are  as  follows  : 


Ord.  95,  October  22,  1873. 

Ord.  22,  April  3,  1879. 

Ord.  33,  April  17,  1879. 

Ord.  71,  May  10,  1882. 

Ord.  114,  October  9,  1882. 
Ord.  11,  March  10,  1886. 

Ord.  93,  April  24,  1893. 

The  several  ordinances  relating 
Railroad  Company  are  as  follows  : 
Ord.  23,  April  5,  1889. 


Ord.  18,  March 9,  1898. 

Ord.  32,  February  8,  1900. 

Ord.  52,  May  7,  1902. 

Ord.  253,  May  2,  1905. 

Ord.  26,  November  18,  1905. 

Ord.  159,  June  18,  1906. 

the  Western  Maryland  Tidewater 

Ord.  133,  June  11,  1890. 


The  ordinance  relating  to  the  Western  Maryland  Railroad  Terminal 
Company  is ; . 


Ord.  92,  May  25,  1882. 


STREET  PASSENGER  RAILWAY  COMPANIES. 


BALTIMORE  TERMINAL  COMPANY. 

The  following  ordinance  relates  to  this  Company  : 

Ord.  123,  April  27,  1906. 

MARYLAND  ELECTRIC  RAILWAY  COMPANY. 

The  following  ordinance  relates  to  the  Maryland  Electric  Railway 
Company  : 

Ord.  173,  June  22,  1906. 

UNITED  RAILWAYS  AND  ELECTRIC  COMPANY. 

The  several  ordinances  and  resolutions  relating  to  the  United  Railways 
and  Electric  Company  and  its  constituent  companies  are  as  follows  :** 


(a)  Note. — For  prior  compilations  of  ordinances  relating  to  the 
Western  Maryland  Railroad  Compan}%  Western  Maryland  Tidewater 
Railroad  Company,  and  the  Western  Maryland  Terminal  Company,  see^ 
City  Code,  (1879)  Art.  40,  Sec.  252.  Supplement  of  1885,  Art.  40,  Secs. 
253-268.  City  Code,  (1893)  Art.  41,  Sec.  27. 


**Note.  — For  prior  compilations  of  ordinances  and  resolutions  relating 
to  the  constituent  companies  of  the  United  Railways  and  Electric  Com- 
pany, City  Code,  (1879)  Art.  40,  Secs.  27,  57,  58,  77-102,  108-116, 
119-130,  138-141.  City  Code,  Supp.  (1885)  Art.  40,  Secs.  77E,  91A-91G, 
116A-116K,  130A-130F,  311-337,  347-364.  City  Code,  (1893)  Art.  41, 
Secs.  37-51,  37A,  39A,  45A,  46A,  48A. 


1036 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [aRT.  30. 


United  Railways  and  Electric  Company. 


Ord.  103,  January  16,  1901. 
Ord.  118,  April  26,  1901. 
Ord.  136,  May  13,  1901. 

Ord.  143,  June  20,  1901. 

Ord.  144,  June  20,  1901. 

Ord.  44,  April  15,  1902. 

Ord.  54,  May  7,  1902. 

Ord.  74,  June  11,  1902. 

Baltimore  and  Hall  Springs 

Ord.  90,  July  16,  1872. 

Ord.  107,  October  18,  1872. 

Ord.  47,  June  9,  1874. 

Ord.  101,  May  25,  1875. 


Ord.  148,  May  8,  1903. 

Ord.  16,  October  28,  1903. 

Ord.  45,  March  1,  1904. 

Ord.  48,  March  1,  1904. 

Ord.  193,  February  6,  1905. 

Ord.  224,  March  15,  1905. 

Ord.  238,  April  19,  1905. 

Ord.  122,  April  27,  1906. 

Passenger  Railway  Company. 

Ord.  91,  October  24.  1879. 

Res.  83,  March  31,  1880. 

Ord.  30,  April  1,  1881. 

Ord.  18,  March  20,  1885. 


Baltimore  and  Harford  Turnpike  Road  Cojnpany. 

Res.  44,  March  8,  1892. 

Baltimore  and  Herring  Run  Railroad  Company. 

Ord.  99,  November  1,  1873. 

Baltimore  and  Northern  Electric  Railway  Comjiany. 

Ord.  159,  F'ebruary  16,  1899. 

Baltimore  and  Powhatan  Railway  Company  of  Baltimore 
County. 

Ord.  115,  September  18,  1886.  Ord.  153,  July  2,  1890. 


Baltimore  and  Randallstown  Horse  Railroad  Company. 

Ord.  63,  May  24,  1873. 

Baltimore  and  Yorktown  Turnpike  Raihvay  Company. 

Ord.  7,  February  17,  1863.  Ord.  30,  April  1,  1881. 

Ord.  15,  March  n,  1863.  Ord.  100,  May  27,  1881. 

Ord.  40,  June  20,  1865.  Ord.  23,  April  8,  1891. 

Ord.  130,  October  14,  1871. 


Baltimore,  Canton  and  Point  Breeze  Raihvay  Company. 

Ord.  50,  April  18,  1892. 


Baltimore,  Catonsville  and  EllicoWs  Mills  Passenger 
Raihvay  Company. 

Res.  345,  May  26,  1875. 


^See,  B.  & Y.  T.  R.  v.  Boone,  45  Md.  344. 


ART.  30.]  NOTR  ON  STREET  RAILWAYS — ORDINANCES. 


1037 


Baltimore  City  Passenger  Railway  Company, 


Ord.  44,  March  28,  1859. 
Ord.  3,  November  25,  1859. 
Ord.  44,  June  28,  1860. 

Ord.  70,  August  1,  1860. 

Ord.  54,  September  11,  1865. 
Ord.  56,  September  22,  1865. 
Ord.  9,  February  23,  1866. 
Ord.  32,  May  11,  1869. 

Ord.  27,  March  30,  1870. 

Ord.  3,  November  29,  1870. 
Ord.  4,  November  18,  1871. 
Ord.  88,  July  5,  1872. 

Ord.  147,  October  9,  1875. 
Ord.  49,  May  14,  1879. 


Ord.  20,  March  16,  1880. 
Ord.  102,  June  6,  1882. 
Ord.  80,  May  14,  1885. 

Ord.  85,  May  18,  1887. 

Ord.  115,  October  18,  1887. 
Ord.  35,  April  26,  1889. 
Ord.  102,  Octobers,  1892. 
Ord.  207,  July  21,  1893. 
Ord.  21,  March  20,  1894. 
Ord.  66,  May  7,  1894. 
Ord.  34,  June  23,  1897. 
Ord.  61,  July  10,  1897. 

Ord.  60,  May  18,  1898. 

Res.  81,  June  13,  1898. 


Baltimore  Consolidated  Railway  Company, 

Ord.  78,  October  4,  1897.  Ord.  97,  June  16,  1898. 

Ord.  11,  February  1,  1898.  Ord.  196,  April  25,  1899. 


Baltimore,  Halethorpe  and  St,  Denis  Railway  Company, 

Ord.  13,  February  15,  1898.  Ord.  26,  April  4,  1898. 


Baltimore,  Highlandtown  and  River  View  Railway 
Company, 

Ord.  77,  July  5,  1879. 


Baltimore,  Peabody  Heights  and  Waverly  Railroad, 


Ord.  27,  March  28,  1872. 
Ord.  74,  June  7,  1872. 
Ord.  106,  June  8,  1875. 
Res.  224,  June  10,  1878, 


Ord.  36,  April  28,  1879. 
Ord.  150,  October  25,  1880. 
Ord.  155,  July  2,  1890. 

Ord.  23,  April  8,  1891. 


Baltimore,  Pimlico  and  Pikesville  Railway  Company, 

Res.  274,  June  5,  1874.  Res.  179,  July  3,  1890. 


Baltimore  Traction  Company, 


Res.  63,  March  26,  1890. 
Res.  64,  March  26,  1890, 
Ord.  123,  June  7,  1890. 
Ord.  38,  April  7,  1894. 
Ord.  39,  April  7,  1894. 
Ord.  40,  April  7,  1894. 
Ord.  57,  April  26,  1894. 


Ord.  58,  April  26,  1894. 
Ord.  62,  April  28,  1894. 
Ord.  36,  April  20,  1895. 
Ord.  108,  June  22,  1896. 
Ord.  116,  July  22,  1896. 
Ord.  145,  October  12,  1896, 


1038 


RAILROADS  AND  RAILWAYS — ORDINANCES.  [arT.  30. 


Baltimore  Union  Passenger  Railway  Company. 


Ord.  47,  April  5,  1880. 

Ord.  150,  October  25,  1880. 
Ord.  30,  April  1,  1881. 

Ord.  65,  May  5,  1881. 

Ord.  40,  April  6,  1882. 


Ord.  96,  June  16,  1886. 

Ord.  98,  September  30,  1887. 
Ord.  155,  July  2,  1890. 

Ord.  23,  April  8,  1891. 

Ord.  47,  April  8,  1892. 


Central  Cross  Town  Line. 

Ord.  54,  April  21,  1881. 


Central  Railway  Company. 


Ord.  57,  April  27,  1881. 
Ord.  116,  October  31,  1881 
Ord.  2,  February  17,  1883. 
Ord.  114,  May  29,  1884. 
Ord.  56,  May  2,  1885. 
Ord.  115,  June  8,  1891. 
Ord.  19,  March  2,  1892. 
Ord.  62,  April  27,  1892. 


Ord.  44,  April  12,  1894. 
Ord.  115,  July  11,  1896, 
Ord.  21,  May  25,  1897. 
Ord.  25,  May  28,  1897. 
Ord.  31,  June  18,  1897. 
Ord.  14,  March  2,  1898. 
Ord.  60,  May  18,  1898. 


Citizen^ s Railway  Company. 


Ord.  70,  July  9,  1868. 

Ord.  85,  June  29,  1870. 
Ord.  109,  June  19,  1871. 
Ord.  7,  November  22,  1871. 
Res.  390,  November  — , 1872. 
Ord.  2,  November  17,  1874. 
Res.  307,  September  26,  1876. 


Ord.  88,  October  4,  1878, 
Ord.  30,  April  1,  1881. 
Ord.  22,  March  25,  1884. 
Ord.  41,  April  18,  1887. 
Ord.  56,  May  4,  1887. 

Ord.  18,  March  22,  1889. 


City  and  Suburban  Railway  Company. 

Ord.  121,  May  4,  1893.  Res.  223,  May  22,  1894. 

Ord.  34,  April  2,  1894.  Ord.  8,  February  27,  1896. 


Columbia  and  Maryland  Railway  Company. 

Res.  68,  May  27,  1898. 


Edmondson  Avenue,  Catonsville  and  Ellicott  City  Electric 
Railway  Company. 

Ord.  109,  October  17,  1892.  Ord.  124,  July  27,  1896. 

Ord.  36,  April  20,  1895.  Res.  10,  March  3,  1896. 

Ord.  11,  March  3,  1896.  Res.  33,  April  12,  1897. 


ART.  30.]  NOTH  ON  STREET  RAIEWAYS — ORDINANCES. 


1039 


Falls  Road  Electric  Railway  Company, 

Ord.  105,  June  11,  1896.  Ord.  10,  February  27,  1897. 

Ord.  9,  February  27,  1897. 


Highlandtown  and  Point  Breeze  Railway  Company, 

Ord.  109,  October  4,  1881.  Ord.  97,  June  16,  1886. 


Monumental  City  Passenger  Railway  Company, 

Ord.  16,  March  8,  1880.  Ord.  69,  May  13,  1881. 


North  Avenue  Railway  Company, 


Ord.  130,  June  18,  1889. 

Ord.  173,  November  11,  1889. 
Ord.  159,  July  30,  1890. 


Ord.  23,  April  8,  1891. 

Ord.  46,  April  8,  1892. 

Ord.  1,  November  18,  1892. 


North  Baltimore  Passenger  Railway  Company, 


Ord.  30,  April  1,  1881. 
Ord.  40,  April  6,  1882. 
Ord.  24,  March  26,  1884. 
Ord.  25,  April  2,  1885. 
Ord.  63,  May  3,  1888. 


Ord.  42,  May  9,  1889. 

Ord.  145,  September  9,  1889. 
Ord.  155,  July  2,  1890. 

Ord.  23,  April  8,  1891. 

Ord.  23,  March  14,  1892. 


Park  Railway  Company, 

Ord.  27,  March  28,  1872. 


Patterson  and  Druid  Hill  Parks  Railway  Company, 

Ord.  115,  May  25,  1880. 


People^ s Passenger  Railway  Company, 


Ord.  74,  June  28,  1878. 
Ord.  105,  October  23,  1878. 
Ord.  16,  March  28,  1879. 


Ord.  76,  July  5,  1879. 
Ord.  30,  April  1,  1881. 
Ord.  58,  April  27,  1881. 


People^ s Railway  Company, 


Ord.  49,  May  2,  1884. 
Ord.  104,  May  24,  1884. 
Res.  176,  May  26,  1884. 
Ord.  43,  April  17,  1886. 


Ord.  80,  June  2,  1886. 
Ord.  86,  June  9,  1886. 
Ord.  77,  May  24,  1889. 


1040 


SABBATH — ORDINANCKS . 


[art.  31. 


Driving  cattle, 
&c. 


Penalty. 


Selling  fruit, 
confectionery 
and  liquor. 


ARTICLE  XXXI. 

SABBATH. 

ORDINANCES. 

alty;  liability  of  ordinary  or 
garden  keepers. 

4.  Parades  in  streets  by  bands  or 
musicians  prohibited ; pen- 
alty ; exception  as  to  military 
companies  when  ordered  out. 

5.  Recovery  of  fines  and  penalties 
imposed  hereunder. 


City  Code,  (1879)  Art.  42,  Sec.  1.  City  Code,  (1893)  Art.  43,  Sec.  1. 

1.  It  shall  not  be  lawful  for  any  person  or  persons  to 
drive  any  cattle,  droves  of  horses,  mules,  sheep  or  hogs 
through  any  of  the  streets,  lanes  or  alleys  of  the  city, 
within  the  city  limits,  on  the  Sabbath  day,  under  a penalty 
of  five  dollars  per  head  for  each  and  every  offence;  pro- 
vided, that  nothing  herein  contained  shall  apply  to  horses 
and  mules  brought  to  the  city  on  the  Sabbath  day,  being 
taken  to  the  nearest  stables;  and  provided  further,  that  it 
shall  be  lawful  for  all  persons  bringing  live  stock  to  the 
city  by  railroad,  to  have  the  same  conveyed  to  the  cattle 
pens  on  the  Sabbath  day. 


1.  Driving  cattle,  horses,  etc. 

through  streets  on  Sabbath 
forbidden  ; penalty ; proviso 
excepting  cattle  arriving  by 
rail. 

2.  Selling  fruit,  confectionery, 

liquor,  etc. , prohibited  ; pen- 
alty. 

3.  Fishing,  hunting,  playing 
games,  etc.,  forbidden;  pen- 


City  Code,  (1879)  Art.  42,  Sec.  2.  City  Code,  (1893)  Art.  43.  Sec.  2. 

2.  Every  person  who  shall  within  the  city,  on  the 
Sabbath  day,  sell  or  offer  to  sell  at  any  wharf  or  on  board 
any  boat,  or  in  any  market  house,  or  carry  through  the 
streets  for  sale,  any  watermelons  or  other  fruit,  cakes,  ice 
cream  or  other  confectionery,  or  any  kind  of  liquor  or 
other  articles,  shall  for  such  offence  pay  a fine  of  five 
dollars. 


ART.  32.] 


SCHOOLS — ORDINANCES . 


1041 


City  Code,  (1879)  Art.  42,  Sec.  3.  City  Code,  (1893)  Art.  43,  Sec.  3. 

3.  Every  person  who  shall  fish,  hunt,  pitch  quoits  or  sporting  and 
money,  fly  a kite,  play  bandy  or  ball,  or  any  other  game  or 
sport  on  the  Sabbath  day  within  the  limits  of  the  city, 
shall  for  each  offence  pay  a fine  of  one  dollar;  and  every 
ordinary  or  public  garden  keeper  who  shall  suffer  or 
allow  in  or  upon  his  premises  any  kind  of  gaming 
or  sport  on  the  Sabbath  day,  shall,  for  every  individ- 
ual so  permitted  to  offend,  pay  ten  dollars. 


City  Code,  (1879)  Art.  42,  Sec.  4.  City  Code,  (1893)  Art.  43,  Sec.  4. 

4.  It  shall  not  be  lawful  for  any  band  or  number  of  street  bands  of 
musicians,  excepting  military  companies  when  called  out 

by  the  State  or  municipal  authorities,  to  parade  in  any  of 
the  streets,  lanes  or  alleys  of  the  city  on  the  Sabbath  day, 
with  instrumental  music,  under  a penalty  of  twenty  dollars 
for  each  member  of  said  band  so  parading,  for  each  and 
every  offence. 

5.  All  fines  and  penalties  imposed  for  the  violation  of  Recovery  of 
any  of  the  provisions  of  this  Article  shall  be  recovered  as  p?nlit£s 
other  fines  and  penalties  imposed  by  ordinance  are 
recoverable  and  when  collected  shall  be  paid  to  the  Comp- 
troller. 


ARTICLE  XXXII. 

SCHOOLS. 

ORDINANCES. 


Buildings  and  School  Property. 

1.  Board  of  School  Commission- 

ers to  have  charge  of. 

2.  Renting  of  Eastern  and  Western 

High  School  halls  ; such  rent- 
ing not  to  interrupt  school  ex- 
ercises. 


3.  Revenue  from  such  rental  to 

be  paid  to  Comptroller. 

Portable  Buildings, 

4.  To  lease  vacant  lots  of  ground 

therefor ; provisions  in  lease 
as  to  such  buildings. 


1042 


SCHOOLS — ORDINANCES . 


[art.  32. 


5.  Inspector  of  Building's  to  super- 

intend erection  of  said  build- 
ings ; contracts  for  same. 

6.  Rentals  and  maintenance  of 

said  buildings  to  be  provided 
for  in  Ordinance  of  Estimates. 

American  Flag  on  Buildings. 

7.  Board  to  purchase  flags  ; to  be 

placed  on  all  school  buildings  ; 
when  to  be  raised  ; half-mast 
on  Memorial  Day. 

Books. 

8.  Authority  of  board  to  collect 

books  from  parents  of  children 
to  whom  same  have  been  fur- 
nished ; penalty  for  refusal  to 
surrender  books  ; parents  lia- 
ble for  value  of  books  lost  or 
mutilated. 

Libraries. 

9.  To  be  established  at  City  Col- 

lege and  High  Schools. 

10.  Board  or  their  appointee  to  se- 

lect books ; improper  books 
not  to  be  admitted. 

Certificates,  Diplomas  and  Prizes. 

11.  Form  of  Diploma  to  graduates 

of  City  College  ; by  whom  to 
be  signed. 

12.  Testimonials  to  graduates  of 

other  city  schools. 

13.  Certificates  to  pupils  quitting 

school  before  graduation. 

Peabody  Prizes. 

14.  Acceptance  and  distribution 

of  said  premiums  by  board. 

Funds. 

Receipts  and  Disburseme7its . 

15.  To  be  made  through  Comp- 

troller and  City  Register ; 
when  orders  are  to  be  hon- 
ored by  said  officers. 


Bequests,  Devises  and  Donations. 

16.  When  made  for  benefit  of  pub- 

lic schools  to  be  paid  over  by 
board  to  City  Register  ; con- 
ditions in  devise  or  bequest 
to  be  applied  under  direc- 
tion of  board ; board  not  to 
withdraw  such  funds  during 
same  year  in  which  received  ; 
proviso. 

17.  All  funds  to  be  held  subject  to 

order  of  board  ; funds  re- 
ceived through  bequests,  etc. 
to  be  a separate  and  distinct 
revenue. 

18.  City  Register  to  notify  board 

of  receipt  of  such  funds. 

19.  How  such  funds  shall  be 

drawn  ; form  of  warrant  or 
order. 

Claims. 

20.  Prosecution  of  claims  on  ac- 

count of  school  fund  against 
estates. 

Salaries. 

21.  To  be  paid  monthly  to  all  per- 

manent employes  of  board. 

22.  School  attendance  ofl&cers  ; sal- 

aries ; payment  of  same. 

Special  Instruction. 

Parental  School. 

23.  To  be  established  for  children 

habitually  truant. 

24.  Board  to  make  rules  and  regu- 

lations for  government  of  said 
school. 

25.  Emplo}'ment  of  necessary 

teachers. 

26.  Lease  of  necessary  buildings 

and  grounds  therefor. 


ART.  32.]  BUILDINGS  AND  SCHOOL  PROPERTY — ORDINANCES. 


1043 


27.  In  lieu  of  foregoing  provisions 

board  ma}’  contract  with  cer- 
tain institutions  for  care  and 
education  of  such  truants ; 
term  of  confinement ; such 
confinement  to  be  in  accord- 
ance with  rules  of  board. 

Marylarid  Institute. 

28.  Cit}^  to  contract  with  same  for 

instruction  of  city  pupils. 

29.  Pupils  thereto  to  be  appointed 

by  members  of  City  Council ; 
when  vacancy  occurs  member 
entitled  to  fill  same  to  be  noti- 
fied. 

30.  President  of  institute  to  report 

to  Ma\’or  and  City  Council 
annually  names  of  appointees 
and  vacancies ; when  Mayor 
may  appoint. 

31.  Inspection  of  said  institute; 

payment  of  tuition  charges. 

Tuition. 

City  Pupils. 

32.  Tuition  and  use  of  books  and 

stationery  to  be  free  to  said 
pupils. 

Non-resident  Pupils. 

33.  Children  of  non-resident  par- 

ents to  be  admitted  to  schools. 

34.  Annual  tuition  fees  to  be  paid 

for  non-resident  pupils  ; Bal- 
timore City  College;  Balti- 


more Polytechnic  Institute  ; 
Eastern  and  Western  High 
Schools ; Colored  High  and 
Training  School ; grammar 
schools ; how  to  be  paid ; 
credit  to  non-resident  tax- 
payers ; receipted  tax  bills  to 
be  produced. 

Contagious  Diseases. 

35.  Dut}'  of  ph3^sicians  and  parents 

when  such  diseases  develop 
in  homes  of  pupils ; penalty 
for  neglect  of  duty  hereunder. 

36.  Parents  to  notity  teachers  when 

no  ph^'sician  attending  such 
diseases  ; penalty  for  neglect. 

37.  Pupils  attending  school  from 

families  wherein  such  diseases 
develop  to  be  excluded  from 
schools  by  principal  thereof ; 
penalty\ 

38.  Teachers  exposed  to  contagion; 

to  certify  same  to  board  ; not 
to  attend  school ; certificate 
of  phv^sician  that  danger  of 
contagion  is  past ; penalty  for 
neglect  of  provisions  hereun- 
der. 

39.  Duties  of  vaccine  physician 

where  no  other  physician  at- 
tending contagious  cases. 

40.  Collection  of  penalties  imposed 

for  violation  of  provisions 
of  this  Article. 


BUILDINGS  AND  SCHOOL  PROPERTY. 

City  Code,  (1879)  Art.  43,  Sec.  15.  City  Code,  (1893)  Art.  44,  Sec.  18. 

1.  The  Board  of  School  Commissioners  shall  have  charge  of 
charge  of  all  the  buildings  used  for  school  purposes.  bmiding 


1044 


SCHOOI.S  — ORDINANCES . 


[art.  32. 


City  Code,  (1879)  Art.  43,  Sec.  16.  City  Code,  (1893)  Art.  44,  Sec.  19. 

^?aste^rnand  The  Said  board  is  authorized  and  directed  to  rent 

nff^Shooi  out,  except  for  political  purposes,  for  such  compensation 
halls.  ag  them  may  seem  just  and  reasonable,  the  main  halls 
in  the  Eastern  and  Western  High  School  buildings,  for 
public  purposes,  at  such  times  and  under  such  regulations 
as  to  them  may  appear  right  and  proper;  provided,  the 
same  shall  not  be  ren  ted  so  as  to  interfere  with  or  interrupt 
the  regular  exercises  of  the  schools. 


City  Code,  (1879)  Art.  43,  Sec.  17.  City  Code,  (1893)  Art.  44,  Sec.  20. 

revenue  derived  therefrom,  as  provided  in  the 
troiier.  next  preceding  section,  shall  be  accounted  for  by  the  said 
board  and  paid  over  by  it  to  the  Comptroller. 


Portable  Buildings. 

Ord.  24,  December  4,  1903. 

^°ots^of The  Board  of  School  Commissioners  is  authorized, 
with  the  joint  approval,  in  each  instance,  of  the  Comp- 
schooi  troller  and  the  President  of  the  Board  of  Fire  Commis- 

buildings. 

sioners,  to  lease,  from  time  to  time,  vacant  lots  of  ground 
within  any  part  or  parts  of  the  present  city  lirhits,  for  the 
erection  thereon  of  portable  school  buildings,  for  the 
purpose  of  meeting  temporary  school  exigencies;  the  lease 
in  each  case  to  contain  a provision  that  the  school  building 
or  buildings  so  erected  shall  be  and  remain  the  property  of 
the  city,  and  upon  the  expiration  of  the  lease  be  subject  to 
removal  by  it. 

Ord.  24,  December  4,  1903. 

Inspector  of  5.  The  Board  of  School  Commissioners  is  authorized  to 
SpLdnfeVd  cause  to  be  erected,  subject  to  the  superintendence  of  the 
of  Inspector  of  Buildings,  from  time  to  time  on  vacant  lots  of 

ground  so  leased,  or  on  vacant  lots  of  ground  within  any 
part  or  parts  of  the  present  city  limits,  owned  or  acquired 
by  the  city  with  a view  to  the  erection  of  permanent  school 


ART.  32.]  AIN^ERICAN  FLAG  ON  BUILDINGS — BOOKS — ORDINANCES. 


1045 


buildings  thereon,  such  portable  frame  school  buildings, 
the  contracts  for  the  erection  of  such  portable  school 
buildings  to  be  awarded  with  due  regard  to  the  provisions 
of  section  99  of  the  New  City  Charter,  relating  to  plans 
for  the  construction  of  new  school  houses,  and  in  con- 
formity with  the  provisions  of  sections  14  and  15  of  the 
New  City  Charter  relating  to  bids  for  city  supplies  or 
work.** 


Ord.  24,  December  4,  1903. 

6.  The  rentals  payable  under  the  leases  mentioned  in  Rentals  paya^ 
section  4 of  this  Article,  and  the  cost  of  erecting  and  main-  leases, 
taining  such  portable  frame  school  buildings  shall  be 
defrayed  out  of  such  appropriations  as  may  be  made  from 
time  to  time  for  the  purpose  by  the  annual  ordinance  of 
estimates. 


American  Flag  on  Buildings. 

Ord.  29,  April  9,  1895. 

7.  The  Board  of  School  Commissioners  is  authorized  Authority  ta 
and  directed  to  purchase  a sufficient  number  of  American  American 
flags  and  have  the  same  placed  on  each  and  every  public 
school  building,  each  and  every  day  during  the  session  of 
said  schools  from  the  opening  of  the  morning  session  until 
the  close  of  the  evening  session,  except  when  the  weather 
is  inclement ; said  flag  shall  also  be  raised  on  all  legal  ^are”JbS^ 
holidays  ; also  on  the  30th  day  of  May  (known  as  Memorial 
Day) , from  sunrise  to  sunset  at  half-mast  on  said  buildings. 


Books. 

Res.  77,  March  13,  1894.  Ord.  125,  November  26,  1898. 

8.  The  Board  of  School  Commissioners  is  empowered  to  ^uthorj^ty^to 
demand  and  collect  from  the  parents  and  guardians  of 
children  who  have  attended  the  public  schools  but  have 


**Note. — See  Section  99  of  City  Charter,  as  modified  by  Act  1906, 
ch.  107,  an^e,  pages  152,  153. 


1046 


SCHOOLS — ORDINANCES. 


[art.  32. 


left  the  said  schools,  all  books  which  were  furnished  the 
said  children  during  their  attendance  at  said  schools  if  the 
same  are  in  the  possession  of  said  parents  or  guardians, 
and  in  case  of  the  refusal  or  neglect  of  the  said  parents  or 
guardians  to  deliver  to  the  Board  of  School  Commissioners 
or  its  agent  such  books  as  may  be  in  their  possession  after 
demand  therefor  they  shall  be  subject  to  a fine  of  five 
^fusaUo°sur^*  dollars  ($5)  for  each  and  every  offence  ; said  fines  to  be 
reSer  collected  as  other  fines  are  now  collected  ; and  should  any 
book  or  books  furnished  any  of  the  children  attending  the 
public  schools  be  lost  or  wilfully  mutilated,  defaced  or  de- 
parents  or  stroyed,  the  parents  or  guardians  of  said  children  shall  be 
required  to  pay  to  the  Board  of  School  Commissioners  the 
?aced!muti-  value  of  any  such  book  or  books  so  lost,  or  wilfully 
mutilated,  defaced  or  destroyed,  the  same  to  be  recovered 
as  fines  and  penalties  are  now  collected. 


Libraries, 

City  Code,  (1879)  Art.  43,  Sec.  41.  City  Code,  (1893)  Art.  44,  Sec.  49. 

At  City  College  9.  There  shall  be  established  at  the  Baltimore  City 
School?  College,  and  at  each  of  the  two  high  schools,  a library  for 
their  use,  without  charge,  under  such  regulations  as  may 
be  adopted  by  the  Board  of  School  Commissioners. 


City  Code,  (1879)  Art.  43,  Sec.  42.  City  Code,  (1893)  Art.  44,  Sec.  50. 

election  of  selection  of  the  books,  which  shall  be  only  of 

books.  instructive  and  moral  character,  shall  be  made  by  the 

said  Board  of  School  Commissioners,  or  some  one  appointed 
by  them  for  the  purpose,  and  no  book  deemed  by  them  to 
be  injurious  to  the  morals  of  the  pupils,  or  of  a sectarian 
character,  whether  obtained  by  purchase  or  donation,  shall 
be  admitted  in  said  libraries ; and  all  books  purchased 
under  any  future  ordinance  or  resolution  of  the  Mayor  and 
City  Council  of  Baltimore  or  otherwise,  for  this  purpose, 
shall  be  subject  to  the  restrictions  herein  contained. 


ART.  32.]  CERTIFICATES,  DIPLOMAS  AND  PRIZES — ORDINANCES.  1047 

CERTIFICATES,  DIPLOMAS  AND  PRIZES. 

City  Code,  (1879)  Art.  43,  Sec.  28.  City  Code,  (1893)  Art.  44,  Sec.  36. 

11.  Whenever  any  of  the  pupils  of  Baltimore  City  Col-  Diplomas  to 
lege  shall  have  satisfactorily  completed  the  prescribed  fPcity  coi- 
term  and  course  of  instruction,  the  Board  of  School 
Commissioners  shall  have  the  power  to  confer  on  them 
testimonials,  in  form,  substantially  as  follows,  viz  : This 

certificate  is  given  to , 

a pupil  of  the  Baltimore  City  College,  in  testimony  that  he 
has  pursued  and  satisfactorily  completed  the  studies  of 

the course  of years  ; and  said 

testimonials  shall  be  signed  by  the  president  of  the  board, 
by  the  Mayor  of  the  city,  with  the  seal  of  the  city  at- 
tached, by  the  Superintendent  of  Public  Instruction,  and 
by  the  principal  of  said  college. 


City  Code,  (1879)  Art.  43,  Sec.  30.  City  Code,  (1893)  Art.  44,  Sec.  38. 

12.  The  Board  of  School  Commissioners  shall  have  graduates  of 
power  to  confer  testimonials  on  pupils  of  the  Eastern  and  schools. 
Western  High  Schools,  the  Baltimore  Polytechnic  Institute, 
and  the  Colored  High  and  Training  School,  in  conformity 
with  the  requisitions  and  provisions  of  the  two  next  pre- 
ceding sections. 


City  Code,  (1879)  Art.  43,  Sec.  31.  City  Code,  (1893)  Art.  44,  Sec.  39. 

13.  Whenever  any  pupil  shall  leave  any  of  the  high  certificates  to 
schools  without  having  completed  the  prescribed  term  and  un^'bSe 
course  of  instruction,  then,  and  in  such  cases,  said  board 
shall  have  power  to  confer  such  testimonials  on  said  pupils 
as  said  board  may  deem  to  be  proper  and  appropriate  to 
the  occasion. 


Peabody  Prizes. 

City  Code,  (1879)  Art.  43,  .Sec.  43.  City  Code,  (1893)  Art.  44,  Sec.  51. 

14.  The  Board  of  School  Commissioners  is  hereby  Acceptance 
authorized  to  accept  and  receive  the  premiums  given  by 


1048 


SCHOOI.S — ORDINANCES. 


[art.  32. 


the  trustees  of  the  Peabody  Institute  to  the  Baltimore 
City  College  and  the  high  schools,  as  specified  in  Mr. 
Peabody’s  letter  to  his  trustees ; and  to  have  the  same 
distributed  from  time  to  time  in  such  a manner  as  they 
shall  deem  most  conducive  to  the  benefit  of  the  schools 
and  the  objects  of  the  donor.* 


*NoTE.— Mr.  Peabody  in  his  first  letter  to  his  trustees,  dated  Balti- 
more, February  12,  1857,  (as  set  forth  in  the  Act  of  1858,  chapter  209, 
incorporating  the  Peabody  Institute,)  says  : “I  desire  that  the  trustees, 

in  order  to  encourage  and  reward  merit,  should  adopt  a regulation  by 
which  a number  of  the  graduates  of  the  public  high  schools  of  the  city, 
not  exceeding  fifty  of  each  sex  in  each  year,  (who  shall  have  obtained 
for  their  proficiency  in  their  studies  and  their  good  behaviour  certificates 
of  merit  from  the  commissioners  or  superintending  authorities  of  the 
schools  to  which  they  may  be  attached),  may  by  virtue  of  said  certifi- 
cates be  entitled  as  an  honorary  mark  of  distinction  to  free  admission  to 
the  lectures  (at  Peabody  Institute)  for  one  term  or  season  after  obtaining 
the  certificates.  I also  desire,  that  for  the  same  purpose  of  encouraging 
merit,  the  trustees  shall  make  suitable  provision  for  an  annual  grant  of 
twelve  hundred  dollars ; of  which  five  hundred  shall  be  distributed 
every  year  in  money  prizes,  graduated  according  to  merit,  of  sums  not 
less  than  fifty  dollars  nor  more  than  one  hundred  for  each  prize,  to  be 
given  to  such  graduates  of  the  public  male  high  school  now  existing  or 
which  may  hereafter  be  established,  as  shall  in  each  year  upon  exami- 
nation and  certificate  of  the  school  commissioners  or  other  persons 
having  the  chief  superintendence  of  the  same,  be  adjudged  most  worthy 
from  their  fidelity  to  their  studies,  their  attainments,  their  moral  deport- 
ment, their  personal  habits  of  cleanliness,  and  propriet}^  of  manners ; 
the  sum  of  two  hundred  dollars  to  be  appropriated  to  the  purchase,  in 
every  year,  of  gold  medals  of  two  degrees,  of  which  ten  shall  be  of  the 
value  of  ten  dollars  each,  and  twenty  of  the  value  of  five  dollars  each, 
to  be  annually  distributed  to  the  most  meritorious  of  the  graduating 
classes  of  the  public  female  high  schools  ; these  prizes  to  be  adjudged 
for  the  same  merit,  and  under  the  like  regulations,  as  the  prizes  to  be 
given  to  the  graduates  of  the  male  high  school ; the  remaining  five  hun- 
dred dollars  to  be  in  like  manner  distributed  in  money  prizes,  as 
provided  above  for  the  graduates  of  the  male  high  school  in  the  same 
amounts,  respectively,  to  the  yearly  graduates  in  the  school  of  design 
attached  to  the  Mechanics’  Institute  of  this  city.  To  render  this  annual 
distribution  of  prizes  effective  to  the  end  I have  in  view,  I desire  that 
the  trustees  shall  digest,  propose  and  adopt  all  such  rules  and  provisions, 
and  procure  such  correspondent  regulations  on  the  part  of  the  public 
institutions  referred  to,  as  they  may  deem  necessary  to  accomplish  the 
obj  ect.” 


ART.  32.]  FUNDS — RECEIPTS  AND  DISBURSEMENTS— ORDINANCES.  1049 


FUNDS. 

Receipts  and  Disbursements. 

City  Code,  (1879)  Art.  43,  Sec.  13.  City  Code,  (1893)  Art.  44,  Sec.  16.  Receipjs^and 

15.  The  Comptroller  is  authorized  to  receive,  through  mroigh 
the  proper  officer,  all  monies  from  the  teachers,  and  all  and  City 
other  funds  due  the  Board  of  School  Commissioners,  and 

the  City  Register,  upon  the  approval  of  the  Comptroller,  is 
authorized  and  directed  to  pay  out  of  the  funds  standing 
in  the  treasury  to  the  credit  of  the  public  schools,  any 
order  authorized  by  law  to  be  honored  for  school  purposes, 
after  the  same  shall  have  been  examined  by  the  committee 
on  accounts  and  passed  by  the  board,  signed  by  the  presi- 
dent and  countersigned  by  the  secretary  of  the  Board  of 
School  Commissioners. 

Bequests,  Devises  and  Donations. 

City  Code,  (1879)  Art.  43,  Sec.  24.  City  Code,  (1893)  Art.  44,  Sec.  29. 

16.  The  Board  of  School  Commissioners  is  authorized  Devises,  be- 
to  receive  all  devises,  bequests  and  donations  which  may  donations  for 
be  made  for  the  benefit  of  the  public  schools  of  the  city  of  pubiR 
Baltimore,  and  all  devises,  bequests  and  donations  received 

by  the  Board  of  School  Commissioners,  by  virtue  either  of 
this  section  or  of  any  act  or  acts  of  the  General  Assembly 
of  Maryland,  shall  be  paid  over  by  them  to  the  City  Regis- 
ter, who  shall  place  the  same  to  the  credit  of  the  school 
fund;  and  if  any  condition  or  conditions  be  prescribed  in 
any  such  device,  bequest  or  donation,  the  same  shall  be 
applied  under  the  direction  of  the  Board  of  School  Com- 
missioners, with  the  sanction  of  the  Mayor  and  City  Council 
of  Baltimore,  agreeably  to  the  intention  of  the  testator  or 
donor;  and  if  no  condition  be  prescribed  in  any  such  devise, 
bequest  or  donation,  it  shall  not  be  lawful  for  the  Board  of 
School  Commissioners  to  draw  all  or  any  part  of  the  amount 
thereof  out  of  the  city  treasury  during  the  year  in  which 
it  was  received,  unless  the  appropriations  in  the  annual 
ordinance  of  estimates  for  the  support  of  the  schools 
should  fall  short  of  the  requirements  of  the  Board  of  School 
Commissioners. 


1050 


SCHOOI.S — ORDINANCES . 


[art.  32. 


To  be  held 
subject  to 
order  of  the 
board. 


City  Register 
to  notify 
board  of  re- 
ceipt of  such 
funds. 


How  such 
funds  shall 
be  drawn. 


Prosecution 
of  claims 
against 
estate. 


Ord.  88,  September  22,  1883.  City  Code,  (1893)  Art.  44,  Sec.  30. 

1 7 .  All  funds  which  shall  be  paid  to  or  received  by  the 
City  Register,  or  in  any  other  way,  or  through  any  other 
person  or  persons,  passed  over  and  transferred  to  the 
Mayor  and  City  Council  of  Baltimore,  pursuant  to  the  pro- 
visions of  sections  808  to  811,  of  Article  4,  of  the  Code  of 
Public  Local  Laws,  title  “City  of  Baltimore”,  sub-title, 
“Miscellaneous  Laws, ” sub-division  “Intestates'  Estates,” 
shall  be  held  subject  to  the  order  of  the  Board  of  School 
Commissioners,  in  like  manner  as  the  funds  derived  from 
taxation  for  said  purposes  are  held,  and  such  funds  as  may 
be  thus  received  are  declared  to  be  a separate  and  distinct 
revenue,  to  be  applied  to  the  use  and  support  of  the  public 
schools,  in  addition  to  the  annual  appropriation  made  for 
that  purpose. 


Ord.  88,  November  22,  1883.  City  Code,  (1893)  Art.  44,  Sec.  31. 

18.  It  shall  be  the  duty  of  the  City  Register  to  notify 
and  inform  the  Board  of  School  Commissioners,  by  a com- 
munication in  writing,  whenever  any  funds  arising  from 
the  aforesaid  source  shall  be  hereafter  received  by  him,  and 
the  amount  of  the  same. 


Ord.  88,  November  22,  1883.  City  Code,  (1893)  Art.  44,  Sec.  32. 

19.  Whenever  the  Board  of  School  Commissioners  shall 
intend  to  apply  any  portion,  or  all  of  the  aforesaid  funds, 
hereafter  received  from  intestate  estates,  the  warrant  or 
order  drawn  for  said  funds,  or  any  portion  thereof,  shall 
show  upon  its  face  that  it  is  drawn  upon  said  funds;  and  it 
shall  be  the  duty  of  the  Comptroller  and  the  City  Register 
to  keep  a separate  account  of  all  receipts  and  disbursements 
for  said  special  and  specific  fund. 

Claims, 

Res.  256,  October  4,  1881.  City  Code.  (1893)  Art.  44,  Sec.  33. 

20.  The  Mayor  is  authorized,  upon  the  presentation  to 
him  of  satisfactory  evidence  of  the  existence  of  any  just 
and  valid  claim  on  the  part  of  the  corporation,  on  account 


ART.  32.]  SPECIAL  INSTRUCTION— ORDINANCES. 


1051 


of  the  school  fund,  against  a certain  estate,  and  which 
claim  it  is,  in  his  judgment,  judicious  to  prosecute,  to  em- 
ploy for  that  purpose  the  services  of  one  or  more  agents, 
and  to  agree  with  such  agent  or  agents  for  such  compensa- 
tion to  him  or  them  as  he  may  deem  fair  and  reasonable, 
provided  the  said  compensation  shall  be  entirely  contingent 
upon  the  recovery  of  the  money. 


Salaries. 

City  Code,  (1879)  Art.  43,  Sec.  19.  City  Code,  (1893)  Art.  44,  Sec.  24. 

21.  The  salaries  of  the  superintendent,  assistant  super-  Salaries  to  be 
intendents  and  of  the  teachers  and  all  other  persons  monthly, 
permanently  employed  by  the  Board  of  School  Commission- 
ers, shall  be  paid  monthly,  accounting  to  the  last  day  of 
each  month,  by  the  City  Register. 


Ord.  107,  December  18,  1902. 

22.  The  school  attendance  officers,  who  by  virtue  of  the  Attendance 
Act  of  the  General  Assembly  of  Maryland  of  1902  are 
directed  to  be  appointed  by  the  Board  of  School  Commis- 
sioners of  Baltimore  City,  shall  each  receive  an  annual 
salary  of  seven  hundred  and  fifty  dollars,  ($750)  to  be 
paid  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  teachers  and  officers  of  said  board  are  now  paid. 


SPECIAL  INSTRUCTION. 

Parental  School. 

Ord.  89,  June  6,  1904,  Sec.  1. 

23.  The  Board  of  School  Commissioners  is  authorized  For  children 
and  directed  to  establish  in  Baltimore  city,  in  some  con-  ?ruanr’^^ 
venient  locality,  under  such  name  or  title,  as  said  board 
shall  select,  a parental  school  for  children  between  eight 
and  sixteen  years  of  age,  who  are  habitually  truants  from 
school  or  instruction. 


1052 


SCHOOLS— ORDINANCES . 


[art.  32. 


Ord.  89,  June  6,  1904,  Sec.  2. 

Board  to  make  24.  The  Board  of  School  Commissioners  shall  have 

rules  and 

regulations,  authority  to  make  all  rules  and  regulations  for  the  confine- 
ment, maintenance  and  instruction  of  said  children  in  said 
parental  school,  and  for  the  management  of  said  parental 
school,  as  they  may  deem  expedient,  and  modify  and  repeal 
the  same  at  their  pleasure;  provided  such  rules  and  regula- 
tions so  made  or  modified,  be  not  inconsistent  with  the 
laws  of  the  State  or  the  ordinances  of  the  city;  and  to  pre- 
scribe the  courses  of  study,  and  the  books  to  be  used  in 
said  school. 

Ord.  89,  June  6,  1904,  Sec.  3. 

Teacher5=for  The  Board  of  School  Commissioners  is  authorized 

said  school,  directed  to  employ  all  teachers  necessary  and  proper 
for  the  conduct  of  said  parental  school,  in  the  manner 
prescribed  by  the  City  Charter,  sections  99  to  102,  inclusive. 

Ord.  89,  June  6,  1904,  Sec.  4. 

Buildings  and  26.  The  Board  of  School  Commissioners  is  authorized 
bejeased  ° and  directed  to  lease  all  buildings  and  grounds  or  portions 
of  buildings  or  grounds  necessary  for  the  conduct  of  said 
parental  school. 

Ord.  89,  June  6,  1904,  Sec.  5. 

^“gihigpro?’^^’  Instead  of,  or  in  addition  to  leasing  buildings, 

may ”conSac1  S’^^^unds  or  portions  of  buildings  or  grounds,  as  authorized 
preceding  section  of  this  Article,  the  Board  of 
School  Commissioners  may  contract  with  any  house  of 
detention,  correction,  reformatory,  charitable,  benevolent 
or  juvenile  institution  for  the  education,  maintenance  and 
confinement  in  said  institution  of  those  who  are  habitually 
truants  from  school  or  from  instruction;  provided,  that  the 
confinement  of  the  said  children  shall  be  for  a term  not 
exceeding  the  remainder  of  the  school  year,  from  the  time 
Te^rm^f^con-^  of  Confinement,  and  provided,  that  the  said  instruction, 
such  truants,  maintenance  and  confinement  shall  be  subject  to  the  rules 
and  regulations  prescribed  by  the  Board  of  School  Com- 
missioners for  the  conduct  of  the  said  parental  school. 


ART.  32.]  MARYLAND  INSTITUTE — ORDINANCES. 


1053 


Maryland  Institute. 

Ord.  15,  March  26,  1887.  City  Code,  (1893)  Art.  44,  Sec.  53.  Ord.  26, 

March  7,  1893.  Ord.  74,  October  15,  1900. 

28.  The  Mayor,  Comptroller  and  City  Register  are  Contract  with 

• 1 I T 1 •11-n/r  1 Maryland  In- 

authorized  and  directed  to  contract  with  the  Maryland  stitutefor 
Institute  for  the  promotion  of  the  Mechanic  Arts  tor  the  of  city  pupils, 
instruction  of  pupils  in  the  said  Institute’s  Schools  of  Art 
and  Design  for  the  period  of  eight  years  from  the  first  day 
of  January,  1901. 

Clark  V.  Md.  Institute,  87  Md.  643. 


Ord.  15,  March  26,  1887.  City  Code,  (1893)  Art.  44,  Sec.  54.  Ord.  26, 

March  7,  1893.  Ord.  74,  October  15,  1900. 

29.  There  shall  be  appointed,  annually  before  the  first  Members  of 
of  September,  one  pupil  by  each  member  of  the  First  and  sSnT 
Second  Branches  of  the  City  Council,  who  shall  be  entitled  appoint  pu- 
to  instruction  for  the  period  of  four  years  in  said  schools, 

and  in  case  of  a vacancy  occurring  from  any  cause  among 
said  pupils,  the  president  of  the  Institute  shall  forthwith 
notify  the  member  of  the  City  Council  representing  the 
ward  to  which  such  pupil  was  credited,  who  shall  there- 
upon appoint  another  pupil  to  fill  such  vacancy. 

Clark  V.  Md.  Institute,  87  Md.  643. 

Ord.  15,  March  26,  1887.  City  Code,  (1893)  Art.  44,  Sec,  55.  Ord.  26, 

March  7,  1893.  Ord.  74,  Oct.  15,  1900. 

30.  The  president  of  the  Institute  shall,  annually, 

the  month  of  September,  report  to  the  Mayor  and  City  pupils. 
Council  the  names  of  the  pupils  so  appointed  and  in  attend- 
ance upon  its  schools,  together  with  a list  of  vacancies, 
should  any  exist;  and  should  no  appointments  be  made 
prior  to  the  first  of  October  by  the  members  of  the  City  Coun- 
cil entitled  to  fill  such  vacancies,  then  the  Mayor  shall 
appoint  pupils  to  fill  said  vacancies. 


Note. — The  Maryland  Institute  forms  no  part  of  the  public  school 
system  of  Baltimore.  St.  Mary’s  Indus.  School  v.  Brown,  45  Md.  334. 


1054 


SCHOOLS — ORDINANCES.  [aRT.  32. 

Ord.  15,  March  26,  1887.  City  Code,  (1893)  Art.  44,  Sec.  56.  Ord.  26. 
March  7,  1893.  Ord.  74,  October  15,  1900. 

31.  The  Mayor,  Comptroller  and  City  Register  shall 
annually,  or  as  much  oftener  as  they  may  deem  expedient, 
inspect  said  schools  of  said  Institute  and  the  condition  and 
manner  in  which  the  terms  of  said  contract  are  being 
fulfilled  by  the  Institute,  and  thereupon  the  Comptroller, 
upon  being  satisfied  that  the  said  contract  is  being  faith- 
payment  for  fully  Complied  with,  shall  pay  the  president  of  the  Institute 
annually,  in  quarterly  installments,  on  the  first  day  of 
April,  July  and  October,  and  thirty-first  day  of  December, 
the  sum  of  nine  thousand  dollars  ($9,000)  in  full  for  the 
education  of  the  said  pupils;  and  the  said  amount  so 
appropriated  shall  be  used  for  no  other  purpose  whatever. 

TUITION. 

City  Pupils. 

Ord.  141,  October  6,  1884.  City  Code,  (1893)  Art.  44,  Sec.  25. 

No  charge  for  32.  There  shall  be  no  charge  for  tuition  or  for  the  use 

of  books  and  stationery  in  any  of  the  public  schools,  but  it 
shall  be  the  duty  of  said  Commissioners  to  furnish,  free  of 
all  cost  to  the  pupils  and  their  parents,  all  the  necessary 
tuition  and  the  use  of  books  and  stationery  for  the  several 
schools,  and  in  general  whatever  fuel  or  other  supplies  the 
schools  may  require,  subject,  however,  to  the  provisions  of 
the  two  next  succeeding  sections  of  this  Article. 

School  Commissioners  v.  State  Board  of  Education,  26  Md.  513. 

Non-Resident  Pupils. 

City  Code,  (1879)  Art.  43,  Sec.  21.  City  Code,  (1893)  Art.  44,  Sec.  26. 

Ord.  153,  February  7,  1899.  Ord.  55,  May  8,  1902. 

Children  of  33.  The  public  schools  of  the  city  of  Baltimore  are 
Sa?entrtoU  intended  to  promote  the  general  welfare  of  its  citizens  and 
schSoi?.^  are  maintained  exclusively  for  the  education  of  the  chil- 
dren whose  parents  or  guardians  are  actual  residents  of 
said  city;  but  children  residing  in  Baltimore  whose  parents 
or  guardians  are  residents  of  the  insular  territories  or 


ART.  32.]  NON-RESIDENT  PUPIES — ORDINANCES. 


1055 


possessions  of  the  United  States  shall  be  admitted  to  said 
schools;  and  children  of  non-resident  parents  or  guardians 
may  be  admitted  to  said  schools  upon  payment  for  tuition 
as  prescribed  in  the  following  section,  subject  to  such 
rules  as  the  Board  of  School  Commissioners  may  from  time 
to  time  prescribe,  and  subject  always  to  the  prior  right  of 
the  children  of  residents  of  Baltimore  to  the  use  of  said 
schools.  * 


Res.  50,  March  2,  1874.  Ord.  49,  April  20,  1887.  City  Code,  (1893) 

Art.  44,  Sec.  27.  Ord.  153,  February  7,  1899.  Ord.  55,  May  8,  1902. 

34.  The  Board  of  School  Commissioners  is  directed,  Annual  tuition 
before  admitting  the  children  of  non-resident  parents  or  paldbyfuch 
guardians  into  the  public  schools,  to  charge  such  parents  ^ 

or  guardians  the  following  tuition  fees,  to  wit:  For 
admission  to  the  Baltimore  City  College,  per  capita,  sixty- 
two  dollars  per  scholastic  year;  for  admission  to  the  Balti- 
more Polytechnic  Institute,  per  capita,  seventy-two  dollars 
per  scholastic  year;  for  admission  to  the  Eastern  and 
Western  High  Schools,  per  capita,  thirty-eight  dollars  per 
scholastic  year;  for  admission  to  the  Colored  High  and 
Training  School,  per  capita  seventy  dollars  per  scholastic 
year;  for  admission  to  grammar  schools,  per  capita, 
eighteen  dollars  per  scholastic  year;  for  admission  to 
primary  schools,  per  capita,  eighteen  dollars  per  scholastic 
year.  The  said  tuition  fees  shall  be  paid  in  quarterly 
installments  and  invariably  in  advance,  to  the  Comptroller, 
on  bills  rendered  by  the  Board  of  School  Commissioners, 
for  account  of  the  public  school  fund;  such  non-resident 
parents  or  guardians  as  may  pay  taxes  to  the  Mayor  and 
City  Council  of  Baltimore  shall  be  entitled  to  a credit  on 
such  tuition  bills  to  an  amount  equal  to  that  portion  of  such 
taxes  which  is  levied  for  the  support  of  the  public  schools, 
and  in  case  such  credit  is  less  than  the  tuition  fee,  the 
balance  shall  at  once  become  due  and  payable,  but  if  the 
proportion  of  such  taxes  levied  for  the  support  of  the 


*Note. — By  resolution  50,  March  2,  1874,  the  Board  of  School  Com- 
missioners are  required  to  enforce  this  section. 


1056 


SCHOOI.S — ORDINANCES . 


[art.  32. 


Duty  of  physic- 
ians and  par- 
ents. 


Parents  to 
notify 
teachers. 


public  schools  be  greater  than  the  tuition  fee,  no  allowance 
shall  be  given  as  against  the  tuition  bill  for  the  subsequent 
year,  nor  shall  such  excess  be  refunded;  such  credit  on 
the  tuition  bills  shall  be  granted  only  for  taxes  for  the 
current  year,  and  upon  presentation  to  the  Board  of  School 
Commissioners  of  the  receipted  tax  bill  or  a certified  copy 
thereof. 


CONTAGIOUS  DISEASES. 

Ord.  6,  February  21,  1880.  City  Code,  (1893)  Art.  44,  Sec.  57. 

35.  It  shall  be  the  duty  of  all  physicians  who  may  be 
in  attendance  in  any  family  whose  child  or  children  may 
be  attending  any  of  the  public  schools  of  this  city,  which 
family  may  have  a case  or  cases  of  scarlet  fever,  diphtheria, 
measles,  small-pox,  chicken-pox,  whooping  cough,  or  any 
other  contagious  disease,  to  give  a certificate  of  the  same 
to  the  parent  or  parents  of  the  child  or  children  so  diseased 
as  soon  as  the  disease  is  developed;  and  it  shall  be  the  duty 
of  the  parent  or  parents,  as  soon  as  the  physician  certifies 
that  contagious  disease  exists  in  his,  her  or  their  house, 
to  notify  the  principal  of  the  school  attended  by  his,  her 
or  their  children,  within  twenty-four  hours.  A failure  of 
parent  or  physician  to  comply  with  the  provisions  of  this 
section  shall  subject  said  parent  or  physician  so  offending, 
to  a fine  of  ten  dollars  for  each  and  every  offence. 


Ord.  6,  February  21,  1880.  City  Code,  (1893)  Art.  44,  Sec.  58. 

36.  If  there  be  no  physician  attending  in  cases  of 
disease  mentioned  in  the  next  preceding  section  of  this 
Article,  it  shall  be  the  duty  of  the  parent  or  parents  to 
report  the  disease  to  the  principal  of  the  school  attended 
by  his,  her  or  their  child  or  children,  within  twenty-four 
hours  from  the  time  the  disease  is  known  to  be  contagious. 
And  any  parent  who  fails  to  comply  with  the  requirements 
of  this  section,  shall  be  fined  ten  dollars  for  every  offence. 


ART.  32.] 


CONTAGIOUS  DISEASES — ORDINANCES. 


1057 


Ord.  6,  February  21,  1880.  City  Code,  (1893)  Art.  44,  Sec.  59. 

37.  If  any  parent  or  physician  shall  notify  any  public  chi^idrenjo^ 
school  teacher  of  the  city  that  scarlet  fever,  diphtheria, 
measles,  small-pox,  chicken-pox,  whooping  cough,  or  any 
other  contagious  disease  exists  in  any  family  whose  child 
or  children  are  attending  any  of  the  public  schools  of  this 
city,  then  it  shall  be  the  duty  of  the  principal  of  the- 
school  to  exclude  the  child  or  children  of  said  family  from 
the  school  until  the  attending  physician  certifies  that  all 
danger  from  contagion  has  passed.  The  principal  of  any 
public  school  who  fails  to  comply  with  the  requirements  of 
this  section,  shall  be  fined  ten  dollars  for  every  offence. 


Ord.  6,  February  21,  1880.  City  Code,  (1893)  Art.  44,  vSec.  60. 

38.  If  any  teacher  or  teachers  reside,  board  or  lodge  in  Teachers  ex- 
any  house  where  a child  or  children  in  such  house  is  tagiou  to  be 
suffering  with  scarlet  fever,  diphtheria,  measles,  small-  ^ 
pox,  chicken-pox,  whooping  cough,  or  any  other  contagious 
disease,  of  which  fact  the  said  teacher  has  been  cognizant, 
then  it  shall  be  the  duty  of  said  teacher  to  certify  to  the 
same  to  a member  of  the  Board  of  School  Commissioners, 
and  such  teacher  shall  not  perform  his  or  her  duties  in 
any  public  school  in  this  city  until  a physician  attending 
such  case  or  cases  of  contagious  disease  shall  certify  that 
all  danger  from  contagion  has  passed.  And  for  a failure  of 
any  teacher  to  so  notify  the  Board  of  School  Commis- 
sioners, or  to  so  absent  him  or  herself  from  his  or  her  duties 
until  all  danger  shall  have  passed,  as  certified  by  the 
attending  physician,  such  teacher  shall  be  fined  ten  dollars 
for  every  such  offence. 


Ord.  119,  May  25,  1880.  City  Code,  (1893)  Art.  44,  Sec.  61. 

39.  When  scarlet  fever,  diphtheria,  measles,  small- 
pox, chicken-pox,  whooping  cough,  or  any  other  contagious 
disease  has  existed  in  any  family  whose  child  or  children 
have  been  attending  any  of  the  public  schools  of  this  city. 


1058 


SEWERS — ORDINANCES . 


[art.  33. 


Duties  of 
vaccine 
physicians. 


Fines  and 
penalties. 


which  child  or  children  had  not  been  attended  by  any 
practicing  physician,  then  it  shall  be  the  duty  of  any 
vaccine  physician  who  may  be  applied  to  for  a certificate 
that  all  danger  from  contagion  has  passed,  to  visit  the 
premises,  if  in  his  district,  where  said  child  or  children 
has  been  sick,  and  if  there  should  exist  no  danger  from 
contagion,  he  should  give  the  certificate  applied  for  free 
of  charge. 

40.  All  fines  and  penalties  incurred  by  the  violation  of 
any  of  the  provisions  of  this  Article,  shall  be  recovered  as 
other  fines  imposed  by  ordinance  are  recovered,  and  when 
collected  shall  be  paid  to  the  Comptroller. 


ARTICLE  XXXIII. 

SEWERS. 

ORDINANCES. 


Commissioners  for  Opening 
Sewers. 

1.  Composition  of  board  of. 

2.  Oath  of  commissioners ; form 

of  oath. 

3.  Oath  of  commissioners  to  be 

recorded  ; Justice  to  certify  to 
oath  in  book  where  recorded. 

4.  Duties  of  clerk  to  commission- 

ers ; to  record  proceedings 
of  board  under  direction  of 
City  Solicitor;  to  record  orders; 
to  make  copies  of  notices  for 
publication  ; other  duties ; 
board  to  have  services  of  City 
Surveyor  when  required ; to 
compensate  persons  employed 
by  them ; oath  of  clerk  and 
other  employes ; record  of 
same. 


5.  When  both  damages  and  bene- 

fits assessed  to  same  person, 
said  commission  may  receive 
assignment  of  sum  assessed  as 
damages. 

Proceedings  of  Commissioners  for 
Opening  Sewers. 

Condemnatio7i  of  Property  for 
Sewers. 

6.  To  give  notices  required  by  City 

Charter  before  executing  ordi- 
nances ; to  meet  and  proceed 
to  exercise  powers,  etc.  ; to 
assess  damages  sustained  by, 
and  benefits  accruing  to  owners 
of  land,  etc.;  assessment  on 
property  generally  benefited ; 
excess  of  damages  over  bene- 
fits assessed  to  be  paid  out  of 
general  levy ; proviso. 


ART.  33.] 


SEWERS — ORDINANCES. 


1059 


7.  Procedure  where  part  only  of 

property  is  taken  and  owner 
claims  compensation  for  whole 
of  same  ; value  of  whole  lot  to 
be  tendered  unless  owner 
thereof  assents  as  provided ; 
to  sell  materials  on  lot  and 
residue  of  such  lot  so  taken 
after  giving  notice ; manner 
and  terms  of  sale ; to  execute 
deed  to  purchaser  ; purchaser 
to  give  bond  ; re-sale  of  prop- 
erty on  default  of  purchaser  ; 
notice  of  re-sale  ; part  only  of 
lot  may  be  taken  when  to  do 
so  would  not  destroy  whole ; 
assessment  of  damages  and 
benefits  in  such  cases ; notice 
to  owner  of  lot  so  destroyed  ; 
owner  to  have  thirty  days  in 
which  to  make  his  decision. 

8.  After  valuation  as  aforesaid, 

statement  of  such  proceedings 
to  be  filed  with  City  Register 
for  inspection  of  public  ; what 
said  statement  shall  show ; 
notice  by  advertisement  of  re- 
view of  proceedings  ; to  con- 
sider testimony  of  owners,  etc. , 
at  such  review  ; to  correct  as- 
sessments where  deemed  prop- 
er ; corrected  and  certified 
maps  and  statement  to  be  de- 
posited with  City  Register ; 
City  Register  to  notify  owners 
by  advertisement  that  maps 
and  statement  have  been  de- 
posited and  of  their  right  of 
appeal  therefrom. 

Appeals  in  Condemnation 
Proceedings. 

9.  Procedure  iipon  appeal  toJBalti- 

more  City  Court ; City  Regis- 
ter to  transmit  assessment 
proceedings  to  City  Court ; 
power  of  said  court  to  hear  and 
determine  appeals  ; jury  trial 


in  appeals ; proceedings  of 
commissioners  not  to  be  set 
aside  for  errors  of  form ; cor- 
rection of  errors,  etc.  ; record 
of  appeals  ; appeal  to  Court  of 
Appeals ; said  record  to  be 
evidence  in  any  court  of  State  ; 
costs  of  appeal ; both  damages 
and  benefits  to  be  reviewed  on 
appeal. 

10.  Transfer  of  proceedings  of  com- 

mission to  City  Collector  ; his 
duty  therein  ; to  notify  par- 
ties assessed  for  benefits ; to 
sell  property  for  non-payment 
thereof. 

Assessments  of  Benefits. 
DUTIES  OF  CITY  COEEECTOR. 

11.  Sale  of  property  for  non-pay- 

ment of  benefits  ; notice  be- 
fore sale  ; disposition  of  pro- 
ceeds of  such  sales. 

12.  Conditions  of  such  sales  ; re- 

sale where  purchaser  defaults; 
notice  of  re-sale  ; return  of 
proceedings  of  commissioners 
to  Comptroller. 

13.  City  Collector  to  execute  deed 

to  purchaser ; disposition  of 
purchase  money. 

Property  Assessed  for  Benefits. 

14.  Assessments  of  benefits  to  be 

liens  on  property  ; work  not 
to  be  begun  until  damages 
paid  or  tendered  or  consent 
of  parties  entitled  is  given ; 
investment  of  amount  of  dam- 
ages in  city  stock. 

15.  Ivien  transferable  to  any  third 

person  paying  benefits  on 
property  liable  therefor. 

16.  Appointment  of  substitute 

commissioners;  oath  and  duty 
of  such  substitute. 


1060 


SEWERS— ORDINANCES. 


[art.  33 


17,  Commissioners  to  discriminate 

between  fee  and  leasehold 
interests  in  taking  property. 

Obstructions  in  Sewers. 

18,  Removing  obstructions  to  sew- 

ers ; expenses  of  removal ; 
liability  of  person  responsible 
for  same. 

Expenses. 

19,  Per  diem  of  commissioners  and 

their  clerks. 

Record  to  be  Deposited, 

20,  Deposit  of  records  of  work  on 

each  sewer  to  be  made  as 
records  are  completed. 

Duties  of  City  Engineer. 

21,  To  survey  route  of  sewer  when 

ordinance  providing  for  con- 
struction is  passed  ; to  deter- 
mine size  of  same ; to  super- 
intend the  work, 

22,  Proposals,  bids  and  contracts 

for  sewer  work, 

23,  Penalty  for  unauthorized  tap- 

ping of  sewers ; City  Engi- 


neer to  notify  persons  using 
such  openings  to  discontinue 
vsame  ; penalty  for  disregard- 
ing notice  ; such  persons  to 
pay  cost  of  closing  same. 

Private  Sewers. 

24,  Permits  for  construction  of 

private  sewers  on  private 
property  to  be  obtained  from 
Commissioner  of  Health; 
penalty  ; permits  for  same  on 
public  property  to  be  issued 
by  City  Engineer  ; penalty  ; 
application  for  such  permits. 

Tar  or  Refuse. 

25,  Gas  tar  or  similar  refuse  matter 
..  not  to  be  permitted  to  escape 

into  sewers ; prevention* 
thereof ; penalty. 

Sewerage  Commission, 

26,  Salary  of  chairman  ; salaries  of 

other  members, 

27,  Recovery  of  fines  and  penalties 

imposed  for  violation  of  pro- 
visions-of  this  Article, 


COMMISSIONERS  FOR  OPENING  SEWERS. 

City  Code,  (1879)  Art,  44,  Sec,  1.  City  Code,  (1893)  Art,  45,  Sec,  1, 

Composition,  1.  The  Commissioners  for  Opening  Streets,  together 
with  the  City  Engineer,  are  hereby  constituted  a board  to 
carry  into  effect  the  provisions  of  this  Article. 

City  Code,  (1879)  Art,  44,  Sec,  2,  City  Code,  (1893)  Art,  45,  Sec,  2, 

Oath,  2.  In  each  and  every  case,  before  said  commissioners 

shall  proceed  to  act  as  a board  in  the  exercise  of  the  powers 
confided  to  them  by  this  Article,  they  shall  severally  take 
and  subscribe  the  following  oath  or  affirmation  before  a 
Justice  of  the  Peace:  ‘T,  A.  B.,  do  swear,  or  solemnly, 

sincerely  and  truly  declare  and  affirm,  that  I will  to  the 


ART.  33.]  COMMISSIONERS  FOR  OPENING  SEWERS — ORDINANCES. 


1061 


best  of  my  judg-ment,  knowledge  and  ability,  faithfully, 
impartially  and  diligently  execute  the  duties  of  a commis- 
sioner for  the  construction  of  sewers  in  the  city  of 
Baltimore,  according  to  law  and  the  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore.  ^ ’ 


City  Code,  (1879)  Art.  44.  Sec.  3.  City  Code.  (1893)  Art.  45,  Sec.  3. 

3.  The  said  oath  or  affirmation  shall  be  recorded  in  a oath  to  be 
book  to  be  provided  by  the  said  commissioners  for  the 
recording  of  their  proceedings,  and  the  Justice  of  the 
Peace  in  whose  presence  the  said  oath  or  affirmation  shall 
be  made  and  subscribed,  shall  certify  thereto  under  his 
hand  in  the  same  book. 


City  Code,  (1879)  Art.  44,  Sec.  4.  City  Code,  (1893)  Art.  45,  Sec.  4. 

4.  The  clerk  to  the  said  commissioners  shall  keep  aoutiesofcierk. 
full  and  true  record  of  all  their  proceedings  in  a book 
provided  as  aforesaid,  under  the  direction  and  supervision 
of  the  City  Solicitor,  and  in  such  formas  he  may  prescribe;  cuy|oiicUo^r 
and  the  said  clerk  shall  record  all  orders  made  by  the  said  veyor. 
commissioners  in  regard  to  the  performance  of  their  duties, 
and  make  true  copies  of  all  notices  by  them  directed  to  be 
published,  and  the  certificate  of  the  publication  thereof ; 
and  shall  perform  such  other  necessary  duties  as  the  said 
commissioners  shall  require;  and  the  said  commissioners 
shall  also  have  the  power  to  obtain  the  services  of  the  City 
Surveyor,  and  such  other  assistants  and  agents  as  they 
may  deem  necessary,  in  the  exercise  of  their  powers,  and 
allow  to  such  persons  so  employed  by  them,  such  compen- 
sation as  may  be  fixed  by  ordinance,  and  if  not  so  fixed, 
such  compensation  as  the  said  commissioners  may  deem 
reasonable,  and  assess  the  said  compensation  and  all  other 
necessary  charges;  and  the  clerk  and  other  persons  to 
be  so  employed,  shall  severally  take  and  subscribe  an  oath 
or  affirmation  similar  in  substance  to  that  required  to  be 
taken  and  subscribed  by  said  commissioners,  which  shall 
be  in  like  manner  entered  in  the  record  of  the  proceedings 
of  the  said  commissioners. 


1062  SKWKRS — ORDINANCES.  [arT.  33. 

City  Code,  (1879)  Art.  44,  Sec.  5.  City  Code,  (1893)  Art.  45,  Sec.  5. 

5.  When  the  said  commissioners  shall  assess  a sum  of 
money  to  be  paid  by  any  person  or  persons  for  benefits 
derived  by  such  person  or  persons,  by  constructing,  open- 
ing, enlarging  or  straightening  any  sewer,  and  shall  assess 
a sum  of  money  to  be  paid  to  the  same  persons  for  injury 
sustained  by  constructing,  opening,  enlarging  or  straight- 
ening any  sewer,  it  shall  and  may  be  lawful,  upon  a 
certificate  and  abstract  of  title  from  the  City  Solicitor,  for 
the  City  Register  or  City  Collector  to  receive  from  such 
person  or  persons  an  assignment  for  the  sum  or  sums  so 
assessed  as  damages  as  aforesaid. 


PROCEEDINGS  OF  COM  M ISSION  ERS  FOR  OPENING 
SEWERS. 

Condemnation  of  Property  for  Sewers. 

City  Code,  (1879)  Art.  44,  Sec.  6.  City  Code,  (1893)  Art.  45,  Sec.  6. 

To  give  notices  0.  Whenever  the  Mayor  and  City  Council  of  Baltimore 

required  by  . 

City  Charter  shall  hereafter  by  ordinance  direct  the  said  commissioners 

betore  exe- 

cntmg^ordi-  to  construct,  open,  enlarge  or  straighten  any  sewer  or 
drain,  public  or  private,  through  any  private  property, 
within  the  bounds  of  this  city,  the  said  commissioners, 
having  given  the  notice  required  by  section  822  of  Article 
4,  Public  Local  Laws,  title  ‘'City  of  Baltimore,'^  and  hav- 
ing given  the  notice  as  prescribed  by  section  818  of  said 
Article  4,  and  such  other  notice  or  notices  as  may  be 
prescribed  by  law  or  ordinance  to  the  owner  or  agent  of 
said  private  property,  or  to  one  of  them,  if  more  than  one, 
through  which  any  sewer  may  be  intended  to  pass,  of  the 
object  of  the  ordinance  under  which  they  are  about  to  act, 
and  of  the  day,  hour  and  place  of  their  first  meeting  under  the 
said  ordinance,  shall  meet  at  the  time  and  place  mentioned  in 
^ proceed  to  ex-  the  notice  so  given  by  them,  and  proceed  to  exercise  the 
powers  and  perform  the  duties  assigned  to  and  required  of 
them,  under  and  by  virtue  of  this  Article,  and  ascertain 
whether  any  and  what  amount  in  value  of  damage  will  there- 
by be  caused  to  the  owner  of  any  right  or  interest  claimed  in 
any  ground  or  improvements  within  or  adjacent  to  the  said 


ART.  33.]  PROCEEDINGS  OF  COMMISSIONERS — ORDINANCES. 


1063 


city,  over  and  above  the  amount  in  value  of  benefit  which  will  to  assess  dam- 
thereby  accrue  to  such  owner,  for  which,  taking  into  consider-  tained  by  and 

111  ITT  1 benefits  ac- 

ation  all  advantages  and  disadvantages,  such  owner  ought  to  cming  to 

. ^ owners  of 

be  compensated;  and  in  addition  thereto,  shall  award  to  the  land.  etc. 
occupant  or  occupants  of  any  lot  of  ground  or  of  any 
improvement  that  may  be  removed,  such  damages,  if  any, 
as  the  commissioners  or  a majority  of  them,  may  believe 
such  party  or  parties  have  sustained  by  such  removal;  and 
the  said  commissioners,  after  having  ascertained  the  whole 
amount  of  damages  as  aforesaid,  and  after  having  added 
thereto  an  estimate  made  by  them  of  the  probable  amount 
of  expenses  which  will  be  incurred  in  the  performance  of 
the  duties  required  of  them  as  aforesaid,  and  also  the 
expense  incurred  by  the  City  Register  under  the  provisions 
of  this  Article,  shall  proceed  to  assess  all  the  ground  and 
improvements  within  and  adjacent  to  the  city,  the  owners  Assessment 
of  which,  as  such,  the  said  commissioners  shall  decide  and  ^ 

deem  to  be  directly  benefited  by  accomplishing  the  object 
authorized  in  the  ordinance  aforesaid,  being  governed  as 
far  as  practicable  by  the  number  of  superficial  feet  drained;  Rule  of  assess- 
and  should  the  direct  benefits  assessed  as  aforesaid  not  be 
equal  to  the  damage  and  expenses  incurred,  the  balance  of 
said  expenses  and  damages  shall  be  paid  by  the  City  Regis-  j^^cess  of  ex- 
ter,  and  be  taken  out  of  the  general  levy — subject,  £ene?ts°Is- 
nevertheless,  to  all  such  restrictions  exempting  certain 
descriptions  of  property  from  assessment,  as  are  contained  general  levy, 
in  any  law  of  the  State,  or  in  any  ordinance  of  the  city. 

Orel.  94,  October  22,  1879.  City  Code,  (1893)  Art.  45,  Sec.  7. 

7.  In  every  case  where  it  shall  be  necessary,  in  order  to  Proceedings 
effect  the  object  proposed,  that  a part  only  of  a house  and  oni^of'prop- 
lot,  or  of  a lot,  shall  be  taken  and  used  or  destroyed,  and 
the  owner  or  owners  thereof  shall  claim  to  be  compensated 
for  the  whole,  the  said  commissioners  may  ascertain  the 
full  value  thereof,  as  if  the  whole  lot  and  improvements  JfeUd  uniSa 
were  necessary  to  be  taken  and  used  for  such  proposed  pro- 

object;  and  the  whole  amount  of  such  valuation,  when 
finally  decided  on,  shall  be  paid  or  tendered  to  the  owner 
or  owners  thereof,  or  invested  in  city  stock  for  his,  her  or 


1064 


SKWKRS — ORDINANCES . 


[art.  33. 


Sale  of  materi- 
als on  lot 
taken. 


When  to  be 
made. 


Bond  from 
purchaser. 


Re-sale. 


their  use  before  any  part  thereof  shall  be  destroyed, 
removed  or  used,  unless  such  owner  or  owners  shall  assent 
thereto  in  writing,  as  provided  in  section  14  of  this  Article; 
and  the  said  commissioners,  after  giving  ten  days’  notice 
in  two  of  the  daily  newspapers  of  the  city,  of  the  time  and 
place,  manner  and  terms  of  sale,  shall  sell  the  materials  of 
any  house  which  it  shall  be  necessary  to  remove,  in  whole 
or  in  part,  and  the  residue  of  any  lot  of  which  a part  shall 
be  taken  and  used  as  necessary  to  effect  the  object  confided 
to  the  commissioners,  and  for  the  whole  of  which  the  commis- 
sioners may  award  compensation  as  hereinbefore  provided, 
at  public  auction,  to  the  highest  bidder  for  cash,  to  be  paid 
on  the  day  when  full  possession  shall  be  given  of  the  property 
or  materials  so  sold;  and  the  said  commissioners, or  a major- 
ity of  them,  on  receiving  the  price  or  sum  of  money  so 
bid,  and  not  before,  shall,  by  a good  and  sufficient  deed, 
to  be  executed  and  acknowledged  by  them  in  the  form  and 
manner  required  by  law  for  conveying  the  title  of  lands  in 
this  State,  convey  any  ground  by  them  so  sold  to  the  purchaser 
thereof ; and  such  sale  shall  be  made  before  the  commission- 
ers shall  proceed  to  assess  the  amount  of  damages  and  expen- 
ses to  be  assessed  as  directed  by  the  provisions  of  this  Article; 
and  the  said  commissioners  are  duly  empowered  to  take 
and  receive  a bond  of  the  purchaser  of  the  property  or 
materials  aforesaid,  with  a penalty  to  the  Mayor  and  City 
Council  of  Baltimore,  that  the  price  for  which  the  same 
was  sold  shall  be  duly  paid  at  such  time  as  they,  the  said 
commissioners,  are  prepared  to  deliver  possession  of  said 
property  and  materials,  and  that  the  said  purchaser  shall 
remove,  within  sixty  days  thereafter,  such  materials  so 
sold,  and  all  rubbish  or  other  obstructions  occasioned 
thereby,  and  in  the  event  of  the  purchasers  failing  forth- 
with to  comply  with  the  terms  of  said  sale,  the  commis- 
sioners shall  re-sell  the  said  property  or  materials  at  the 
risk  of  the  former  purchaser  or  purchasers,  giving  not  less 
than  five  days’  notice  of  said  re-sale  in  two  of  the  daily 
newspapers  of  the  city  aforesaid;  provided,  'however,  that 
when,  in  the  opinion  of  said  commissioners,  the  part  of  a 
lot  necessary  to  effect  the  object  proposed  can  be  taken 
without  destroying  the  whole  lot  for  the  purposes  for  which 


ART.  33.]  PROCEEDINGS  OF  COMMISSIONERS — ORDINANCES. 


1065 


it  is  used,  or  for  building  purposes,  then  said  commissioners 

shall  condemn  such  part  only  of  such  lot  as  is  necessary 

for  the  proposed  object,  and  shall  award  to  the  owner  or  commi^sioi> 

owners  of  the  part  of  the  lot  so  taken  such  damages,  and 

assess  the  remainder  thereof  such  benefits  as  in  their 

judgment  shall  be  just  and  proper;  provided  further,  that 

when  a lot  is  destroyed  for  the  purposes  for  which  it  is 

used,  or  for  building  purposes,  then  the  said  commissioners 

shall  give  a notice  in  writing  to  the  owner  or  owners 

thereof,  or  their  agent  or  agents,  0f  the  damage  about  to 

be  sustained,  and  such  owner  or  owners,  or  their  agent  or  owner  may 

agents  as  aforesaid,  shall  have  the  space  of  thirty  days  to  within  thirty 

determine  whether  they  will  surrender  or  not  the  lot  so  damaged. 

damaged. 


City  Code,  (1879)  Art.  44,  Sec.  8.  City  Code,  (1893)  Art.  45,  Sec.  8. 

8.  As  soon  as  the  commissioners  aforesaid  shall  have  statement  of 
completed  the  valuation  of  damages  ascertained  by  them,  to^b^m^ 
as  directed  by  section  6 of  this  Article,  they  shall  cause  Register, 
a statement  thereof  to  be  made  out  and  placed  in  the  office 
of  the  City  Register  for  the  inspection  of  all  persons 
desiring  information  of  its  contents,  and  such  statement, 
together  with  an  explanatory  map  or  maps,  shall  contain  a 
correct  description  of  each  separate  lot  or  parcel  of  ground 
deemed  to  have  sustained  damages,  its  length  and 
breadth,  the  name  of  any  street,  square,  lane  or  alley  on 
which  it  bounds ; the  names  of  all  persons  who  shall  claim 
any  estate  or  interest  in  it,  and  the  amount  of  damages  as 
valued  by  the  said  commissioners  ; and  if  there  be  any 
house  or  other  improvement  on  it  necessary  to  be  removed 
in  whole  or  in  part,  a description  of  the  size  and  such  other 
particulars  as  the  said  commissioners  shall  deem  proper, 
and  in  like  manner  a description  of  each  parcel  of  ground 
deemed  by  the  said  commissioners  to  be  benefited,  the 
name  or  names  of  such  person  or  persons  as  shall  claim  any 
estate  or  interest  therein  and  the  amount  assessed  thereon 
for  benefits;  and  the  said  commissioners  shall  cause  a notice 


1066 


SEWERS — ORDINANCES . 


[art.  33. 


Notice  by  ad- 
vertisement 
of  revievp  of 
proceedings. 


To  meet  and 
consider  tes- 
timony giv- 
en by 

owners,  etc 


Notice  by 
City  Regis- 
ter. 


to  be  published  four  successive  days,  in  three  daily  news- 
papers of  the  city,  stating  the  extent  of  the  ground  covered 
by  the  assessment,  and  that  such  statement  and  map,  or 
maps,  have  been  so  deposited  with  the  City  Register  for 
examination,  and  that  the  said  commissioners  will  meet  at 
their  office  on  a day  in  such  notice  to  be  named,  which 
shall  be  within  ten  days  after  the  first  publication  of  such 
notice,  to  review  any  of  the  several  matters  set  forth  in 
the  said  statement,  to  which  any  person  claiming  to  be  in- 
terested therein  shall,  on  that  day  so  appointed,  make 
objection;  and  the  said  commissioners  shall  meet  at  the 
time  and  place  so  appointed,  and  consider  all  such  repre- 
sentations and  testimony  on  oath  or  affirmation,  verbal  or  in 
writing,  in  relation  to  any  matter  in  said  statement  which 
shall  be  offered  to  them  on  behalf  of  any  person  claiming 
to  be  interested  therein  ; and  the  said  commissioners  shall 
make  all  such  corrections  and  alterations  in  the  valuations, 
assessments  and  estimates,  and  all  other  matters  contained 
in  the  said  statements  and  explanatory  map  or  maps  afore- 
said, as  in  their  judgment  shall  appear  to  them,  or  a 
majority  of  them,  to  be  just  and  proper ; and  they  may 
adjourn  from  day  to  day,  if  necessary,  to  give  all  parties 
claiming  a review  an  opportunity  to  be  heard,  not  exceed- 
ing in  the  whole  ten  days  ; and  after  closing  such  review 
the  said  commissioners  shall  make  all  such  corrections  in 
their  statement  and  explanatory  map  or  maps  as  they  shall 
deem  proper,  and  cause  such  statement  and  map  or  maps 
so  corrected  and  certified  under  the  hands  and  seals  of  said 
commissioners  and  their  clerk,  to  be  deposited  in  the  office 
of  the  City  Register  as  one  of  the  records  of  the  city  ; and 
it  shall  be  the  duty  of  the  City  Register  within  five  days 
after  said  proceedings  shall  have  been  deposited  in  his 
office,  to  notify  all  persons  interested,  by  an  advertisement  to 
be  inserted  once  a week  for  four  successive  week  in  three 
of  the  daily  newspapers  of  the  city,  that  the  said  assess- 
ment and  maps  have  been  so  placed  in  his  office,  and  that 
the  parties  interested  therein  are  entitled  to  appeal  there- 
from by  petition  in  writing  to  the  Baltimore  City  Court. 


ART.  33,]  APPEALS  IN  CONDEMNATION— ORDINANCES. 


1067 


Appeals  in  Condemnation  Proceedings. 

City  Code,  (1879)  Art.  44,  Sec.  9.  City  Code,  (1893)  Art.  45,  Sec.  9. 

9.  The  Mayor  and  City  Council  of  Baltimore,  or  any  Appeal  and pro- 
person  or  persons,  or  corporations  who  may  be  dissatisfied  upon  appeal 
with  the  assessment  of  damages  or  benefits  as  hereinbe-  more  City 
fore  provided,  may,  within  thirty  days  after  the  return  of 
corrected  statement  and  map  or  maps  to  the  City  Register, 
as  provided  in  section  8 of  this  Article,  and  the  first 
publication  of  the  notice  thereof  by  the  City  Register,  appeal 
therefrom,  by  petition  in  writing,  to  the  Baltimore  City 
Court,  praying  the  said  court  to  review  the  same,  and  on  any 
such  appeal  the  court  may  and  shall  appoint  a day  for  hear- 
ing said  appeal,  which  shall  not  be  less  than  five  nor  more 
thirty  days  after  the  expiration  of  the  thirty  days  limited  for 
taking  appeals  as  aforesaid,  and  shall  direct  the  clerk  of 
the  said  court,  to  issue  a subpoena  duces  tecum  to  the  City  ^ity  Register 
Register,  requiring  him  to  produce  and  deliver  to  said  p°oSedSgs 
court  the  record  of  the  proceedings  of  the  Board  of 
Commissioners  for  Opening  Sewers  in  the  case,  and 
all  map,  plats,  documents  and  papers,  connected  with 
such  record  ; and  the  said  Baltimore  City  Court  shall  have 
full  power  to  hear  and  fully  examine  the  subject  and  de- co^urt  to  hear 
cide  on  the  said  appeal,  and  for  that  purpose  is  hereby  mineappeais. 
authorized  and  empowered  to  adjourn  from  time  to  time, 
and  may  cause  all  such  appeals  to  be  consolidated,  or  may 
hear  and  decide  them  separately,  and  may  require  the  said 
commissioners,  their  clerks,  surveyor  or  other  agents  and 
servants,  or  any  of  them,  and  all  such  other  persons  as 
the  court  shall  deem  necessary  to  attend,  and  examine 
them  on  oath  or  affirmation,  and  may  permit  and  require 
all  such  explanations,  amendments  and  additions  to  be  made 
to,  and  of,  the  said  record  of  the  proceedings  as  the  court 
shall  deem  requisite ; and  the  persons  appealing  to  the 
Baltimore  City  Court  as  aforesaid,  shall  be  secured  in  the 
right  of  a jury  trial,  and  the  said  court  shall  direct  the 
Sheriff  of  Baltimore  city  to  summon  twelve  or  more  per- 
sons qualified  to  be  jurors,  and  shall  empanel  any  twelve 
disinterested  persons  so  summoned  or  attending  the  court, 
to  try  any  question  of  facts,  and  if  necessary,  to  view  any 


1068 


SK  WERS — ORDINANCES . 


[art.  33. 


property  in  the  city  or  adjacent  thereto,  to  ascertain  and 
decide  on  the  amount  of  damages  or  benefits  under  the 
direction  of  the  court ; and  the  said  court  shall  not  reject 
or  set  aside  the  record  of  the  proceedings  of  the  said  com- 
missioners for  any  defect  or  omission  in  either  form  or 
Dut^y  of  substance,  but  shall  amend  or  supply  all  such  defects  and 
omissions,  and  increase  or  reduce  the  amount  of  damages 
and  benefits  assessed,  and  alter,  modify  and  correct  the 
said  return  of  proceedings  in  all  or  any  of  its  parts,  as  the 
said  court  shall  deem  just  and  proper,  and  shall  cause  the 
proceedings  and  decisions  on  said  returns  and  appeals  to 
be  entered  in  the  book  containing  the  record  of  the  pro- 
ceedings of  said  commissioners,  certified  by  the  clerk, 
under  the  seal  of  the  court,  and  the  book  to  be  transmitted 
to  the  City  Register,  which  shall  be  final  and  conclusive  in 
every  respect,  unless  an  appeal  be  taken  to  the  Court  of 
Appeal  to  Appeals,  and  such  records,  book  or  copy  of  the  proceed- 

App^ais.  ings  therein,  or  any  part  of  such  proceedings,  whether  in 

court  or  out  of  court,  certified  by  the  City  Register,  under 
the  corporate  seal  of  the  city,  shall  be  evidence  in  any 
court  in  this  State  ; and  the  Judge  of  the  Baltimore  City 
Court  shall  have  full  power,  in  his  discretion,  to  add  the 
Costs.  reasonable  costs  of  any  appeal,  to  be  taxed  by  him,  or  any 

part  thereof,  to  the  damages  to  be  collected  for  construct- 
ing, opening,  enlarging  or  straightening  any  sewer,  or  to 
require  such  cost,  or  any  part  thereof,  to  be  paid  by  all, 
or  by  either  of  the  appellants,  as  the  circumstances  of  each 
appeal  in  his  opinion  shall  justify.  Upon  every  appeal  to  the 
Baltimore  City  Court,  from  any  action  of  the  Commissioners 
for  Opening  Sewers,  both  the  damages  and  benefits 
assessed  by  the  commissioners  to  the  appellant  shall  be 
open  for  review  and  correction  by  the  said  City  Court. 


City  Code,  (1879)  Art.  44,  Sec.  10.  City  Code,  (1893)  Art.  45,  Sec.  10. 

ransferof  10.  If  uo  appeal  shall  have  been  prayed  within  ten 
days  after  the  time  hereinbefore  limited  therefor,  or  after 
Collector,  retum  of  the  decision  upon  any  appeal  shall  have  been 

made  to  the  City  Register,  the  City  Register  shall  transfer 


ART.  33.]  ASSESSMENT  OF  BENEFITS — ORDINANCES. 


1069 


the  said  commissioners’  return  to  the  City  Collector,  who 
shall  proceed  forthwith  to  notify  the  parties  assessed  for 
benehts,  by  means  of  bills  specifying  the  several  sums  so 
assessed,  and  warning  them  that  if  the  same  be  not  paid  Notice  of  sale 

_ , 1 tor  tioii“P3.y" 

within  six  months  from  the  date  of  such  transfer  of  said  ment. 
commissioners’  return,  he  will  proceed  to  sell  the  specific 
piece  or  parts  of  property  on  which  such  unpaid  sum  or 
sums  of  money  shall  have  been  assessed,  in  the  manner, 
and  after  having  given  the  notice  directed  by  section  11 
of  this  Article. 


Assessments  of  Benefits. 

Duties  of  City  Collector. 

City  Code,  (1879)  Art.  44,  Sec.  11.  City  Code,  (1893)  Art.  45,  Sec.  11. 

11.  If  the  sums  assessed  upon  the  property  benefited  Sale  of  prop- 
shall  not  be  paid  within  the  time  above  limited,  the  City  non-payment 
Collector  is  hereby  authorized  and  directed  to  sell  the 
property  or  any  part  thereof,  on  which  such  assessment 
has  been  laid,  giving  not  less  than  thirty  days’  notice  of  Notice  to  be 
said  sale,  in  two  of  the  daily  newspapers  published  in  the 
city  of  Baltimore ; the  first  insertion  of  said  notice  to  be 
made  in  said  newspapers  within  sixty  days  after  the 
expiration  of  the  time  limited  in  this  Article  for  the  pay- 
ments of  said  benefits  ; and  the  moneys  so  collected  by  the 
City  Collector  shall  be  paid  over  by  him  to  the  Mayor  and  payments. 
City  Council  of  Baltimore,  as  other  moneys  are  directed  to 
be  paid  over,  to  be  by  it  paid  to  the  persons  entitled  to 
receive  the  same. 

M.  & C.  C.  of  Baltimore  v.  Grand  Lodge,  44  Md.  4’37.  Zion  Church 
V.  Mayor,  71  Md.  524. 


City  Code,  (1879)  Art.  44,  Sec.  12.  City  Code,  (1893)  Art.  45,  Sec.  12. 

12.  In  all  cases  in  which  the  City  Collector  shall  sell  Terms  and  con 
any  property  on  account  of  the  non-payment  of  assessments  saie?”^ 
made  for  the  constructing,  opening,  enlarging  or  straight- 
ening of  any  sewer,  it  shall  be  his  duty  to  sell  said 
property  to  the  extent  and  subject  to  the  same  conditions 
which  are  provided  by  law  or  ordinance  for  the  sale  of 


1070 


SBWE  RS — ORDINANCES . 


[art.  33. 


Re-sale. 


Return  of  pro- 
ceedings to 
Comptroller. 


Deed  to  pur- 
chaser. 


Benefits  to 
be  liens  on 
property. 


Work  not  to 
be  begun  un- 
til payment 
or  tender  of 
damages. 


real  estate  in  the  city  of  Baltimore,  charged  with  the  pay- 
ment of  other  taxes  imposed  by  this  corporation ; and  in 
the  event  of  the  purchaser  or  purchasers,  failing  forthwith 
to  comply  with  the  terms  of  said  sale,  the  City  Collector 
shall  re-sell  the  same  at  the  risk  of  the  former  purchaser, 
giving  not  less  than  ten  days'  notice  in  two  of  the  daily 
newspapers  of  the  city  aforesaid  ; and  after  collecting  the 
benefit  assessments  he  shall  forthwith  return  the  proceed- 
ings of  said  commissioners  to  the  Comptroller. 


City  Code,  (1879)  Art.  44,  Sec.  13.  City  Code,  (1893)  Art.  45,  Sec.  13. 

13.  The  City  Collector  on  receiving  the  full  amount  of 
the  purchase  money  on  such  sale  shall  execute  a deed  of 
conveyance  in  favor  of  the  purchaser  or  purchasers,  or 
their  assigns  or  assignees,  which  shall  convey  a fee  simple 
or  leasehold  estate,  as  the  case  may  be,  in  and  to  such 
property ; and  after  deducting  the  costs  of  sales,  adver- 
tising and  other  necessary  expenses,  he  shall  pay  the 
balance  of  such  purchase  money  to  the  Mayor  and  City 
Council  of  Baltimore,  who  shall  pay  over  the  said  balance, 
after  deducting  the  amount  assessed  on  said  property,  to 
the  person  or  persons  entitled  thereto,  on  demand,  without 
interest. 

Carter  v.  Woolfork,  71  Md.  283. 


Property  Assessed  for  Benefits, 

City  Code,  (1879)  Art.  44,  Sec.  14.  City  Code,  (1893)  Art.  45,  Sec.  14. 

14.  All  sums  of  money  assessed  by  the  said  commis- 
sioners upon  property  deemed  by  them  to  be  benefited 
shall  be  and  continue  liens  on  each  several  piece  of  property 
so  assessed  to  the  amount  of  its  particular  assessment, 
until  the  same  shall  be  paid  to  the  city  ; but  no  sewer  shall 
be  constructed,  opened,  enlarged  or  straightened  on  or 
under  the  ground  of  any  person  or  persons,  or  corporations 
adjudged  by  the  said  commissioners  to  be  entitled  to 
damages  for  said  opening  and  so  forth,  without  the  consent 
in  writing  of  the  person  or  corporation  so  entitled,  until 


ART.  33.]  ASSESSMENTS  OF  BENEFITS — ORDINANCES. 


1071 


such  damages  shall  be  paid,  or  the  amount  thereof  invested 
in  the  city  stock,  for  the  use  of  each  person  or  corporation 
entitled  to  any  part  of  the  compensation  for  such  damages 
to  the  amount  of  his,  her  or  their  respective  right  and 
interest  therein,  of  which  investment  the  City  Register's 
certificate  under  the  corporate  seal  of  the  city  shall  be 
competent  proof. 

Gould  V.  Ma}^or,  59  Md.  378.  Central  Savings  Bank  v.  Baltimore,  71 
Md.  517.  Zion  Church  v.  Baltimore  City,  71  Md.  524. 


City  Code,  (1879)  Art.  44,  Sec.  15.  City  Code,  (1893)  Art.  45,  Sec.  15. 

15.  Any  person  or  persons  not  claiming  title  to  any  lot  Ekn^trans- 
or  piece  of  property  upon  which  any  sums  shall  be  assessed 
as  aforesaid,  may  pay  the  amount  of  the  sum  so  assessed  eats, 
within  the  time  limited,  to  the  City  Register,  and  obtain 
his  certificate  of  having  paid  such  sum,  without  claiming 
title  to  the  property,  and  such  payments  shall  vest  in  the 
person  or  persons  paying  his,  her  or  their  heirs,  the  lien  on 
such  lot  or  property  mentioned  in  section  14  of  this 
Article. 


City  Code,  (1879)  Art.  44,  Sec.  16.  City  Code,  (1893)  Art.  45,  Sec.  16. 

16.  If  it  should  so  happen  that  any  one  or  more  of  said  Apoointment 
commissioners  should  be  interested  in  any  particular  case,  ?ommSfion- 
the  Mayor  shall  make  a temporary  appointment  of  a com- 
missioner  or  commissioners  to  act  in  the  place  and  stead  of 
such  interested  commissioner  or  commissioners,  who  shall 
take  the  oath  or  affirmation,  as  the  case  may  be,  and  in  all 
respects  conduct  himself  as  the  commissioners  who  are 
appointed  by  the  Mayor. 


City  Code,  (1879)  Art.  44,  Sec.  19.  City  Code,  (1893)  Art.  45,  Sec.  19. 

17.  Whenever  any  lot  or  part  of  a lot,  or  parcel  of  Fee  and  lease- 
ground,  may  be  taken  for  the  purpose  of  constructing, 
opening,  enlarging  or  straightening  any  sewer,  and 
damages  assessed  therefor,  and  there  shall  be  an  out- 
standing unexpired  term  of  years  therein,  the  said 


1072 


SEWERS— ORDINANCES. 


[art.  33. 


■Obstructions 
to  be  re- 
moved. 


Per  diem  to 
commission- 
ers. 


Deposit  of 
papers  with 
City  Regis- 
ter. 


commissioners  shall  discriminate  in  their  proceedings 
between  the  value  of  fee  simple  or  ground  rent  interest 
and  the  leasehold  interest. 

OBSTRUCTIONS  IN  SEWERS. 

City  Code,  (1879)  Art.  44,  Sec.  20.  City  Code,  (1893)  Art.  45,  Sec.  20. 

18.  Whenever  any  obstruction  shall  have  remained  in  the 
way  of  any  sewer  to  be  opened,  enlarged  or  straightened, 
for  the  space  of  sixty  days  after  the  proceedings  of  the 
said  commissioners  shall  have  been  returned  to  the  City 
Register,  it  shall  be  the  duty  of  said  commissioners  to 
cause  the  same  to  be  removed,  and  to  draw  on  the  City 
Register  for  the  expenses  so  incurred,  which  shall  be  paid 
by  him  ; and  the  Mayor  shall  forthwith  cause  a suit  for  the 
recovery  of  said  expenses,  to  be  instituted  against  the 
person  or  persons  by  whose  default  the  said  obstruction 
has  been  suffered  to  remain,  and  the  same,  when  recovered, 
shall  be  paid  to  the  Comptroller  for  the  use  of  the  city. 

EXPENSES. 

City  Code,  (1879)  Art.  44,  Sec.  21.  City  Code,  (1893)  Art.  45,  Sec.  21. 

19.  In  each  case  of  constructing,  enlarging  or  straight- 
ening any  sewer,  under  the  provisions  of  this  Article,  the 
said  commissioners,  shall,  for  each  and  every  day  in  which 
they  and  their  clerk  shall  be  actually  engaged  in  the  per- 
formance of  their  duties,  assess  as  part  of  the  expenses  of 
their  proceedings,  a per  diem  as  to  each  of  said  commis- 
sioners and  their  clerks,  of  four  dollars,  to  be  collected  as 
other  expenses  are,  and  to  be  paid  to  the  Comptroller  for 
the  use  of  the  city. 

RECORD  TO  BE  DEPOSITED. 

City  Code,  (1879)  Art.  44,  Sec.  22.  City  Code,  (1893)  Art.  45,  Sec.  22. 

20.  The  said  commissioners  so  soon  as  they  shall  have 
completed  their  work  on  each  sewer,  shall  deposit  all 
papers  and  books  relating  thereto  in  the  office  of  the  City 
Register. 


ART.  33.]  DUTIES  OF  CITY  ENGINEER — ORDINANCES. 


1073 


DUTIES  OF  CITY  ENGINEER. 

City  Code,  (1879)  Art.  44,  Sec.  23.  City  Code,  (1893)  Art.  45,  Sec.  23. 

21.  When  the  Mayor  and  City  Council  of  Baltimore  city  Engi- 
shall  pass  an  ordinance  for  the  opening,  constructing,  virroute."^' 
enlarging  or  straightening  of  any  sewer  within  the  limits  of 
the  city,  the  City  Engineer  is  required  to  have  surveyed 
the  route  of  said  sewer,  and  to  determine  the  size  the  same 
shall  be,  and  to  take  charge  of  and  superintend  the  work 
of  such  opening,  constructing,  enlarging  or  straightening. 


City  Code,  (1879)  Art.  44,  Sec.  24.  City  Code,  (1893)  Art.  45,  Sec.  24. 

22.  When  it  shall  have  been  determined  to  open,  con-  contracts  for 
struct,  enlarge  or  straighten  any  sewer  under  the  provi-  ers. 
sions  of  this  Article,  and  when  the  assessments  and  survey 
aforesaid  shall  have  been  made,  proposals  for  the  opening, 
constructing,  or  straightening  of  such  sewer  according  to 
plans  and  specifications  to  be  prepared  by  the  City 
Engineer  shall  be  invited,  and  the  bids  opened  and  contract 
awarded  according  to  the  requirements  of  sections  14  and 
15  of  the  City  Charter. 


City  Code,  (1879)  Art.  44,  Sec.  27.  City  Code,  (1893)  Art.  45,  Sec.  27. 

23.  If  any  person  or  persons,  owner  or  owners,  occu-  unauthorized 
pier  or  occupiers,  of  any  lot  within  the  city  of  Baltimore,  sewers, 
shall  tap  or  open,  or  cause  to  be  tapped  or  opened,  any  of 
the  public  sewers  in  the  city,  without  first  obtaining  the 
permission  of  the  City  Engineer  said  person  or  persons, 
owner  or  owners,  occupier  or  occupiers,  shall  forfeit  and 
pay  the  sum  of  twenty  dollars  for  each  and  every  such  penalty, 
offence;  and  it  shall  be  the  duty  of  the  City  Engineer  to 
cause  a notice  to  be  served  upon  such  person  or  persons, 
owner  or  owners,  occupier  or  occupiers,  directing  any  of 
said  sewers  to  be  closed  when  they  have  been  tapped  or 
opened,  in  the  manner  prescribed  by  said  notice,  and  if 
such  person  or  persons,  owner  or  owners,  occupier  or  occu- 
piers, shall  refuse  or  neglect  to  comply  therewith,  he,  she 
or  they  so  refusing  or  neglecting,  shall  forfeit  and  pay  the 
further  sum  of  five  dollars  for  each  and  every  day  he,  she 


1074 


SKWKRS— ORDINANCES . 


[art.  33. 


Such  person  to 
pay  expense 
of  closing- 
same. 


Permits  for 
construction 
of  private 
sewers  on  p:  i- 
vate  property 
to  be  obtained 
from  Com- 
missioner of 
Health. 


Penalty. 


Permits  for 
same  on  pub 
lie  property 
to  be  issued 
by  City 
Engineer. 

Penalty. 


Application  for 
such  permits. 


Gas  tar  or  simi- 
lar refuse 
matter  not 
to  be  permit- 
ted to  escape 
into  sewer. 


Prevention 

thereof. 


or  they  shall  continue  to  refuse  or  neglect  to  comply  there- 
with, and  shall  moreover  pay  the  expenses  incurred  in  case 
such  sewer  shall  be  closed  under  the  direction  of  the  City 
Engineer,  which  the  City  Engineer  is  hereby  authorized  to 
have  done  in  cases  of  such  neglect  or  refusal. 


Private  Sewers. 

City  Code,  (1879)  Art.  44,  Sec.  28.  City  Code,  (1893)  Art.  45,  Sec.  28. 

24.  Any  person  or  persons  or  corporation  who  or  which 
shall  construct,  alter  or  repair  a private  sewer  or  drain  or 
waste  pipe  on  private  property  without  a permit  from  the 
Commissioner  of  Health,  shall  be  subject  to  a fine  of 
twenty  dollars,  and  to  an  additional  fine  of  ten  dollars  for 
each  and  every  day  the  same  shall  remain;  and  any  person 
or  persons  or  corporation  who  or  which  shall  construct, 
alter  or  repair  any  private  sewer,  drain  or  waste  pipe  in 
any  public  street,  public  lane,  public  alley  or  other  public 
property,  without  a permit  from  the  City  Engineer,  shall 
be  subject  to  a fine  of  twenty  dollars,  and  to  an  additional 
fine  of  ten  dollars  for  each  and  every  day  the  same  shall 
remain;  every  application  for  any  of  the  above  mentioned 
permits  to  erect  a private  sewer,  drain  or  waste  pipe,  shall 
be  in  writing,  signed  by  the  person  or  persons  making  the 
same,  and  shall  name  the  length  of  the  private  sewer, 
drain  or  waste  pipe  proposed  to  be  constructed. 


Tar  or  Refuse. 

Ord.  40,  April  20,  1888.  City  Code,  (1893)  Art.  45,  Sec.  30. 

25.  It  shall  not  be  lawful  for  the  proprietor  or  proprietors 
of  any  gas-houses  or  gas  works  in  the  city  of  Baltimore  to 
allow  any  gas  tar,  or  other  similar  refuse  matter,  to  escape 
from  their  said  gas-houses  or  gas  works,  as  that  the  same  may 
thereafter  flow  into  any  of  the  public  sewers  of  the  city  of 
Baltimore,  and  said  proprietors  shall  construct  in  connection 
with  said  gas-houses  or  gas  works,  under  the  supervision  of 
the  City  Engineer,  such  appliances  as  will  in  his  judgment 
prevent  the  flow  of  said  elements  into  any  of  said  sewers. 


ART.  34.]  STOCKS,  LOANS  AND  FINANCE— ORDINANCES. 


1075 


Any  person  or  corporation  offending  against  any  provision  of 
this  section,  shall  be  subject  to  a fine  of  one  hundred  Penalty, 
dollars  ($100)  for  each  and  every  offence. 

SEWERAGE  COMMISSION. 

Ord.  23,  November  15,  1905, 

26.  The  chairman  of  the  Sewerage  Commission  of  the 
city  of  Baltimore  shall  receive  a salary  of  three  thousand 
dollars  ($3,000)  per  annum,  payable  monthly,  and  each  of 

the  other  five  members  of  the  said  Sewerage  Commission  salaries  of 
of  the  city  of  Baltimore  shall  receive  a salary  of  fifteen 
hundred  dollars  ($1,500)  per  annum,  payable  monthly;  all 
of  said  salaries  to  date  from  the  date  of  the  organization 
of  said  commission. 

27.  All  fines  and  penalties  incurred  by  the  violation  of  Recovery  of 
any  of  the  provisions  of  this  Article,  shall  be  recovered  as  P?Sitfis  im- 
other  fines  and  penalties  imposed  by  ordinance  are  recover-  the  provisions 
able,  and  when  collected  shall  be  paid  to  the  Comptroller. 


ARTICLE  XXXIV. 

STOCKS,  LOANS  AND  FINANCE. 

ORDINANCES. 


City  Stock. 

Stock  Certificates. 

1.  Form  in  which  to  be  issued. 

2,  To  be  issued  in  sums  of  one 

hundred  dollars  and  equal  mul- 
tiples thereof;  transfers;  trans- 
fer of  certificates  for  less  than 
one  hundred  dollars. 


3.  Not  to  be  issued  until  paid  for ; 

application  of  proceeds. 

4.  City  Register  to  keep  books  for 

recording  transfers  ; to  make 
list  of  holders  and  pay  inter- 
est as  due ; when  books  to  be 
closed. 

5.  Application  for  renewal  of  lost 

or  de.stroyed  certificates ; ap- 
plication to  be  advertised. 


1076 


STOCKS,  LOANS  AND  FINANCE — ORDINANCES.  [arT.  34. 


6.  Applicant  to  make  oath  of  loss 

before  Mayor  ; City  Register 
to  require  proof  of  ownership 
by  applicant. 

7.  Applicant  to  give  City  Register 

proof  of  his  or  her  identity; 
in  absence  of  proof  to  give  bond 
for  double  amount  of  certifi- 
cate. 

Interest  on  Qity  Stock. 

8.  Faith  and  property  of  city 

pledged  for  payment  of  same 
and  for  redemption  of  stock. 

9.  Payment  of  interest  to  be  pro- 

vided for  in  annual  ordinance 
of  estimates. 

10.  Provision  to  be  made  for  punc- 

tually meeting  city’s  engage- 
ments. 

Investments  to  Secure  Payment  of 
City  Stock. 

11.  Investments  of  proceeds  of 

sales  of  city  property  to  be 
made  in  city  stock  ; purpose 
of  such  investments  to  be 
shown  on  face  of  certificates ; 
sinking  fund;  Commissioners 
of  Finance  to  report  to  City 
Council. 

12.  To  lease  city  property  pledged 

for  redemption  of  public  debt; 
rents  to  be  applied  to  sinking 


fund  ; terms,  etc.^,  of  leases  ; 
public  wharves  not  to  be 
leased. 

13.  Property  and  revenue  set  apart 

for  redemption  of  city  stock 
and  payment  of  the  interest 
thereon. 

14.  Commissioners  of  Finance  to 

keep  books  of  accounts  of  said 
property  ; to  report  annually 
to  City  Council. 

Sinking  Fund. 

15.  Premiums  received  on  loans  to 

be  invested  in  same  loan ; 
stock  thus  purchased  to  be- 
come part  of  sinking  fund. 

16.  Moneys  of  sinking  fund  to  be 

invested  in  redeemable 
ground  rents  of  which  city  is 
lessee ; conveyance  of  same 
in  trust  for  benefit  of  sinking 
fund. 

17.  Consolidation  of  certificates  of 

city  stock. 

18.  City  Register  to  open  accounts 

on  books  of  said  commission- 
ers for  sinking  funds ; what 
such  accounts  shall  show. 

Issues  of  Bonds  and  City  Stock. 

19.  Provisions  of  ordinances  au- 

thorizing same  hereby  re- 
tained and  ratified. 


CITY  STOCK. 

Stock  Certificates. 

City  Code,  (1879)  Art.  46,  Sec.  1.  City  Code,  (1893)  Art.  47,  Sec.  1. 

1.  Certificates  of  city  stock  shall  be  issued  substantially 

in  the  following  form,  viz:“ percent,  stock  of  the 

city  of  Baltimore,  No. , dollars, 

Baltimore.  This  is  to  certify,  that  the  corporation  of  the 


ART.  34.]  CITY  STOCK — ORDINANCES.  1077 

city  of  Baltimore  is  indebted  to , in  the  sum 

, redeemable , and  until  so  redeemed, 

bearing  interest  at  the  rate  of per  centum  per 


annum,  payable  yearly  on  the  first  days  of 

and This  certificate  is  only  trans- 


ferable at  the  City  Register’s  office,  in  person  or  by 
attorney,  and  the  delivery  of  the  certificate  to  the  trans- 
feree. In  testimony  whereof,  and  in  virtue  of  an  ordinance 
of  the  city  of  Baltimore,  I,  the  Mayor,  have  hereto  set  my 

hand  and  affixed  the  seal  of  the  corporation,  this 

day  of 19 , , Mayor. 

Countersigned  and  recorded  by , City 

Register.” 


City  Code,  (1879)  Art.  46,  vSec.  2.  City  Code,  (1893)  Art.  47,  Sec.  2. 

2.  All  certificates  of  stock  shall  be  issued,  in  sums  of  sums, 
one  hundred  dollars  and  equal  multiples  thereof,  and  they 
shall  only  be  transferable  at  the  City  Register’s  office,  in 
the  presence  of  the  Mayor  or  City  Register,  by  the  proprie- 
tor or  proprietors  thereof,  or  his,  her  or  their  legal 
representatives.  In  case  of  the  presentation  for  transfer 
of  certificates  of  stock  calling  for  fractional  parts  of  one 
hundred  dollars,  the  Commissioners  of  Finance  may  pur-  Fractional 
chase  the  said  fractional  parts  for  the  use  of  the  sinking 
funds;  or  if  the  holder  or  holders  prefer,  they  may  upon 
his,  her  or  their  paying  the  difference  to  the  Commissioners 
of  Finance,  issue  a certificate  or  certificates  in  the  manner 
and  form  as  herein  provided. 


City  Code,  (1879)  Art.  46,  Sec.  3.  City  Code,  (1893)  Art.  47,  Sec.  3. 

3.  Before  the  City  Register  shall  issue  any  certificate  of  Not  to  be 
stock,  he  shall  receive  the  money  for  which  the  same  may  fon 
be  issued,  and  shall  proceed  to  apply  the  said  money  to  the 
purposes  for  which  the  issue  of  certificates  was  authorized, 
unless  otherwise  provided  for  by  any  special  ordinance;  in 
which  case  it  shall  be  the  duty  of  the  City  Register  to 
obtain  the  written  opinion  of  the  City  Solicitor  to  that 
effect  previous  to  issuing  any  certificate  of  stock  required 
by  such  special  ordinance. 


1078 


STOCKS,  TOANS  AND  FINANCE — ORDINANCES.  [arT.  34. 


City  Code,  (1879)  Art.  46,  Sec.  4.  City  Code,  (1893)  Art.  47,  Sec.  4. 

^fSbSok^to®'  of  fho  City  Register  to  open  and 

be  kept.  i^ggp  regular  and  correct  loan  books  for  the  registry  and 
transfer  of  city  stock,  and  under  the  direction  of  the 
Commissioners  of  Finance,  to  make  up  lists  of  its  proprie- 
tors in  time  for  the  punctual  payment  of  the  interest,  and 
to  pay  and  take  receipts  therefor,  and  for  these  purposes 
the  transfer  books  shall  be  closed  twenty  days  previous  to 
each  day  on  which  the  interest  is  made  payable. 


City  Code,  (1879)  Art.  46,  Sec.  5.  City  Code,  (1893)  Art.  47,  Sec.  5. 

5.  In  all  cases  of  application  for  renewal  of  certificates 
of  the  stock  debt  of  the  city  of  Baltimore,  where  said 
Renewal  oHost  certificates  may  have  been  lost  or  destroyed,  the  person 
certificates,  making  such  application  shall  give  at  least  sixty  days’  notice 
by  publication  once  a week,  in  two  daily  newspapers 
published  in  the  city  of  Baltimore,  describing  such  certifi- 
cate or  certificates,  and  at  the  same  time  declaring  his  or 
her  intention  to  make  such  application. 


City  Code,  (1879)  Art.  46,  Sec.  6.  City  Code,  (1893)  Art.  47,  Sec.  6. 

Oath  by  appli-  6.  The  City  Register  shall,  before  he  issues  such  dupli- 

cate certificate  or  certificates,  require  the  person  making 
such  application  to  make  oath  before  the  Mayor,  that  such 
certificate  or  certificates  were  lost  or  destroyed;  the 
circumstances,  if  any,  under  which  said  certificate  or  cer- 
tificates were  lost  or  destroyed,  and  shall  also  be  satisfied 
that  he  or  she  is  the  owner,  agent  or  representative  of  the 
owner  of  said  certificate  or  certificates. 

City  Code,  (1879)  Art.  46,  Sec.  7.  City  Code,  (1893)  Art.  47,  Sec.  7. 

Identity  of  7.  If  the  City  Register  shall  not,  from  the  evidence 
applicant.  ]3gfQj.g  contained  in  section  6 of  this  Article,  be 

satisfied  of  the  identity  of  the  person,  or  from  the  circum- 
stances, that  such  certificates  are  actually  lost  or  destroyed, 
then  he  shall  require  the  person  making  such  application 
to  enter  into  a bond,  with  security  to  be  approved  by  him. 


ART.  34.]  INVESTMENT  OF  SINKING  FUNDS— ORDINANCES. 


1079 


in  double  the  amount  of  such  certificate,  or  at  the  option 
of  said  person  to  refer  the  subject,  together  with  the 
evidence  in  his  possession,  to  the  next  session  of  the  City 
Council. 


Interest  on  City  Stock. 

City  Code,  (1879)  Art.  46,  Sec.  10.  City  Code,  (1893)  Art.  47,  Sec.  10. 

8 .  The  faith  of  the  corporation  and  its  corporate  property 
are  hereby  pledged  for  the  redemption  of  its  stock  and  pledged, 
payment  of  interest  thereon,  at  such  times  as  may  be 
specified  in  the  ordinances  authorizing  the  same. 


City  Code,  (1879)  Art.  46,  Sec.  11.  City  Code,  (1893)  Art.  47,  Sec.  11. 

9.  Such  sum  as  may  be  necessary  for  the  payment  of 
the  interest  on  the  public  debt  shall  be  included  in  the  ^?or 
annual  ordinance  of  estimates,  each  and  every  year. 

City  Code,  (1879)  Art.  46,  Sec.  12.  City  Code,  (1893)  Art.  47,  Sec.  12. 

10.  All  such  payments  as  may  be  necessary  to  enable 

the  Commissioners  of  Finance  to  discharge  or  reimburse  city’s  engage- 
any  demands  against  the  city  on  account  of  the  principal  punAuSiy^ 
or  interest  of  the  debt,  which  shall  be  actually  due  in  con- 
formity  to  the  engagements  of  the  city,  shall  be  made  at 
such  times  in  each  year  as  will  enable  said  commissioners 
faithfully  and  punctually  to  comply  with  such  engagements. 


Investments  to  Secure  Payment  of  City  Stock. 

City  Code,  (1879)  Art.  46,  Sec.  13.  City  Code,  (1893)  Art.  47,  Sec.  13. 

11.  The  Commissioners  of  Finance  shall  invest  in  city 
stock  all  moneys  in  their  hands,  or  to  their  credit  in  bank,  investments 
received  for  the  sale  or  rent  of  city  property,  pledged  for  uon  on^Sty' 
the  redemption  of  the  public  debt;  and  shall  also  invest  all 
moneys  that  may  hereafter  be  received  from  the  above 
mentioned  sources,  as  well  as  all  interest  accruing  thereon 
from  time  to  time,  and  have  the  transfers  made  in  the 
name  of  the  Commissioners  of  Finance,  and  also  have 
stamped  on  the  face  of  each  and  every  certificate  by  them 


1080  STOCKS,  LOANS  AND  FINANCE — ORDINANCES.  [arT.  34. 

purchased,  the  words  ‘ ‘Sinking  Fund  Not  to  Be  Re-issued,  ’ ' 
Sinking  fund,  and  report  to  the  City  Council  annually  the  amount  pur- 
chased, and  the  dates  and  prices  at  which  they  were 
purchased,  and  exhibit  their  books  and  the  certificates  of 
stock  by  them  purchased  during  the  preceding  year,  to  the 
committee  appointed  on  their  accounts,  which  committee 
shall  endorse  all  certificates  of  stock,  if  correct,  and  report 
to  the  City  Council. 

City  Code,  (1879)  Art.  46,  Sec.  14.  City  Code,  (1893)  Art.  47,  Sec.  14. 

12.  The  Commissioners  of  Finance  shall,  subject  to  the 
provisions  of  section  13  of  the  City  Charter,  whenever  in 

property.  their  opinion  it  is  consistent  with  the  interest  of  the  city, 
lease  any  part  or  parcel  of  the  public  property  belonging 
to  the  city,  which  is  now  or  may  hereafter  be  pledged  for 
the  redemption  of  the  public  debt,  and  apply  the  proceeds 
of  such  leases  exclusively  towards  the  object  of  the  sinking 
fund;  provided,  that  in  no  case  shall  any  lease  be  made 
without  the  approbation  and  consent  of  the  Mayor,  who  is 
hereby  authorized  to  execute  the  necessary  conveyances  to 
the  lessees;  provided,  also,  that  the  same  shall  be  offered 
at  public  auction,  after  ten  days'  notice  previously  given 
^pHed C.sink-  in  two  or  more  of  the  daily  papers  of  the  time  and  place  of 
mg  fund,  property  shall  be  leased  to  the 

highest  bidder  for  ninety- nine  years,  renewable  forever,  or 
for  a shorter  period,  should  the  bids  therefor,  in  the 
opinion  of  said  board,  be  for  the  interest  of  the  city  to 
accept;  and  provided  further,  that  one-fourth  of  the  princi- 
pal that  would  accrue  at  six  percent,  upon  the  bids  agreed 
upon,  be  first  paid  in  cash,  or  satisfactorily  secured,  and 
the  remaining  three-fourths,  be  placed  on  lease  for  the  time 
and  agreeably  to  conditions  named  in  said  advertisement 
or  promulgated  at  the  place  of  sale;  and  provided  further. 
Not  to  apply  to  t^^-t  uothiug  in  this  section  shall  be  construed  to  relate  to 
wharves  of  the  public  wharves  of  the  city. 

city. 

Ord.  26,  March  27,  1872. 

City  Code,  (1879)  Art.  46,  Sec.  15.  City  Code,  (1893)  Art.  47,  Sec.  15. 

13.  The  greater  portion  of  the  existing  debt  of  the 
corporation  was  created  for  and  represents  investments  in 


ART.  34.] 


SINKING  FUNDS — ORDINANCES. 


1081 


real  estate,  and  in  the  stocks,  bonds  and  other  obligations  property  and 

p . 1 . . -IT  1 revenue  set 

of  internal  improvement  companies,  yielding  a large  apart  for 

. ,..  ,.  Til  redemption 

income;  and  it  is  proper  that  such  investments  and  the  of  city  stock. 

income  derived  therefrom,  shall  be  set  apart  and  applied 

to  the  payment  of  the  interest  and  the  redemption  of  the 

debt  so  created,  as  the  same  may  become  due  and  payable; 

and  by  reason  of  the  amount,  nature  and  purpose  of  the 

debt,  it  is  expedient  and  desirable  and  promotive  of  public 

convenience  and  security,  that  all  transactions  proceeding 

from  or  connected  with  the  funded  obligations  of  the 

corporation  and  the  interest  thereupon  be  kept  separate 

and  apart  from  the  ordinary  and  current  receipts  and 

expenditures  of  the  city  government;  and  for  the  purpose 

of  accomplishing  more  effectually  the  several  objects  herein 

set  forth,  the  following  provisions  as  well  as  those  contained 

in  the  next  succeeding  section  of  this  Article  are  ordained : 

All  the  real  estate  from  which  income  is  derived,  and  all  the 
stocks,  bonds  and  obligations  of  any  improvement  company 
now  held  or  claimed  as  the  property  of  the  corporation,  or 
as  due  to  it,  as  well  as  all  taxes  which  may  hereafter  be 
levied  and  collected  for  this  purpose,  are  appropriated  and 
set  apart,  to  be  held  by  the  Commissioners  of  Finance  exclu- 
sively for  the  payment  as  aforesaid  of  the  public  debt  of 
the  corporation,  and  the  interest  thereupon  as  the  same,  or 
any  part  thereof,  may  become  due  and  payable. 


Orel.  26,  March  27,  1872. 

City  Code,  (1879)  Art.  46,  Sec.  16.  City  Code,  (1893)  Art.  47,  Sec.  16. 

14.  The  Commissioners  of  Finance  are  hereby  directed  Books  of  ac- 
and  required  to  open  books  of  account  in  the  name  of  the  Sp".^ 
corporation,  in  which  books  they  shall  cause  to  be  succinctly 

and  accurately  set  forth  and  described  all  the  property 
herein  referred  to,  the  receipts  from  or  on  account  thereof, 
and  the  payments  thereupon,  and  annually  they  shall 
report  the  same  to  the  City  Council. 

SINKING  FUNDS. 

Ord.  5,  February  20,  1880.  City  Code,  (1893)  Art.  47,  Sec.  18. 

15.  When  any  loan  or  loans  shall  be  issued  by  the 
Mayor  and  City  Council  of  Baltimore,  to  raise  a certain 


1082 


STOCKS,  LOANS  AND  FINANCE —ORDINANCES.  [arT.  34. 


Premiums  on 
loans  to  be 
invested  in 
specific 
loans. 


Investment  in 
redeemable 
ground  rent* 
payable  by 
city. 


Consolidation 
of  city 
stocks. 


amount  of  money  to  meet  the  estimated  cost  of  any  public 
improvements,  or  for  any  other  purpose,  all  amounts  of 
premiums  received  on  said  loan  or  loans  shall  be  invested 
in  the  specific  loan  on  which  said  premiums  shall  be 
received,  at  its  par  value;  and  the  city  stock  thus  purchased 
at  its  par  value  shall  be  turned  over  to  the  Commissioners 
of  Finance,  to  be  held  as  a part  of  the  sinking  fund  for  the 
redemption  of  said  loan,  if  there  be  such  special  sinking 
fund,  and  if  there  be  no  such  special  sinking  fund,  then 
the  same  shall  be  placed  by  the  Commissioners  of  Finance 
to  the  credit  of  the  general  sinking  fund. 


Ord.  81,  May  17,  1881.  City  Code,  (1893)  Art.*  47,  Sec.  19. 

16.  The  Commissioners  of  Finance  are  authorized  and 
empowered  in  their  discretion  to  invest  moneys  belonging 
to  the  sinking  fund  provided  for  the  redemption  of  the 
public  debt  of  the  city  in  the  purchase  of  the  redeemable 
annuities  or  ground  rents,  reserved  out  of  lands  heretofore 
leased  to  the  Mayor  and  City  Council  of  Baltimore,  payable 
by  said  corporation,  the  conveyances  thereof  to  be  made 
to  the  Mayor  and  City  Council  of  Baltimore,  in  trust,  for 
the  benefit  and  purposes  of  said  sinking  fund,  in  accord- 
ance with  the  provisions  of  section  6,  of  Article  4,  of  the 
Public  Local  Laws,  title  “City  of  Baltimore,’^  sub-title 
“City  Charter,’^  division  “General  Powers,^’  sub-division 
“Stocks,  Loans  and  Finance.’’ 


City  Code,  (18/9)  Art.  46,  Sec.  19.  City  Code,  (1893)  Art.  47,  Sec.  20. 

17.  The  Commissioners  of  Finance  are  hereby  author- 
ized and  empowered  to  consolidate  the  several  certificates 
of  city  stock  held  by  them,  for  any  and  every  sinking  fund 
under  their  care,  and  annually  hereafter  to  consolidate  all 
certificates  of  city  stock  as  aforesaid,  when  examined  and 
approved  by  the  committee  on  accounts  of  the  Commis- 
sioners of  Finance. 

City  Code,  (1879)  Art.  46,  Sec.  20.  City  Code,  (1893)  Art.  47,  Sec.  21. 

18.  The  Deputy  Register,  as  clerk  to  the  Commissioners 
of  Finance,  is  hereby  directed  and  required  to  open  accounts 


ART.  34] 


ISSUES  OF  BONDS  AND  CITY  STOCK — ORDINANCES. 


1083 


upon  the  books  of  the  Commissioners  of  Finance  for  all 
sinking  funds,  wherein  shall  be  entered  full  and  detailed 
accounts  of  each  sinking  fund,  the  amount,  how  invested, 
the  acts  of  the  said  commissioners  in  relation  thereto,  all 
other  facts  necessary  to  a full  and  succinct  history  of  each 
fund;  the  City  Register  is  required  to  hold  or  invest  the 
same,  or  the  interest  accruing  from  time  to  time,  as  said 
Commissioners  of  Finance  may  direct, 

ISSUES  OF  BONDS  AND  CITY  STOCK. 

19.  All  the  provisions  of  all  the  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore,  heretofore  duly  passed 
and  in  force  on  the  first  day  of  July,  nineteen  hundred  and 
six,  relating  to  the  several  issues  of  bonds  and  city  stock, 
duly  authorized  by  Act  of  Assembly  and  approved  by  the 
people,  are  hereby  retained  in  force  and  effect,  as  fully  as 
if  each  of  said  ordinances  were  reproduced  at  length  in 
this  Article. 

The  ordinances  referred  to  and  the  titles  of  the  loans 
authorized  are  as  follows: 

Water,  5%,  1916,  ord.  65,  June  30,  1877; 

Funding,  5%,  1916,  ord.  93,  October  8,  1878; 

McDonogh  Extension,  5%,  1916,  ord.  157,  July  14,  1890; 

Harford  Run,  Iflc^  1920,  ord.  86,  October  11,  1879; 

Patterson  Park  Extension,  0c,  1920,  ord.  120,  October 
19,  1882; 

Paving,  0c,  1920,  ord.  140,  October  4,  1880; 

Water,  0c,  1922,  ord.  91,  May  25,  1882; 

Conduit,  3 1-2%,  1922,  ord.  120,  July  25,  1896; 

W.  M.  R.  R.,  0c,  1925,  ord.  71,  May  10,  1882;  ord.  114, 
October  9,  1882; 

Water,  0c,  1926,  ord.  82,  June  3,  1886;  ord.  99,  October 
5,  1887. 

W.M.  R . R.,3  1-0C,  1927,  ord.  11,  March  10,  1886; 

Conduit,  3 1-2%,  1928,  ord.  87,  October  15,  1902; 

Internal  Improvement,  31-2%,  1928,  ord.  98,  September 
26,  1888; 


Accounts  of 
sinking:  fund 
on  books  of 
Finance 
Commission- 
ers. 


1084 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [arT.'35. 


Consolidated,  3 1-2%,  1930,  ord.  58,  April  30,  1890; 
Funding,  3 1-2%,  1936,  ord.  112,  July  2,  1896; 

Public  Improvement,  3 1-2%,  191^0,  ord.  100,  October  7, 
1892; 

Refunding,  3 1-2%,  19 UO,  ord.  32  1-2,  May  6,  1898; 
**lTa^er,  3 1-2%-,  19J^3,  ord.  86,  October  14,  1902; 

Four  Million,  3 1-2%,  191^5,  ord.  137,  October  5,  1894; 

W.  M.  R.  R.  Refunding,  3 1-2%,  1950,  ord.  18,  March 
8,  1898;  ord.  32,  February  8,  1900; 

W.  M.  R.  R.  Refunding,  3 1-2%,  1952,  ord.  18,  March  8, 
1898;  ord.  32,  February  8,  1900: 

Burnt  District  Improvement,  3 1-2%,  195k,  ord.  71,  April 
21,  1904; 

Annex  Improvement,  195k,  ord.  216,  March  6,  1905; 

Park  Improvement,  1955,  ord.  228,  March  20,  1905; 

New  Sewerage  System,  3 1-2%,  1980,  ord.  227,  March  20, 
1905. 


**NoTE. — See,  Callaway  v.  Baltimore  City,  99  Md.  316. 


ARTICLE  XXXV. 

STREETS  AND  CITY  ENGINEER. 


ORDINANCES. 


City  Engineer. 

Duties  and  Authority. 

1.  To  keep  journal  of  proceedings 

in  his  office  in  relation  to  con- 
demnation, grading,  etc.,  of 
streets,  etc.;  to  return  same 
quarterly  to  City  Register  ; to 
preserve  bids,  papers,  writings, 
etc. 

Annual  Report. 

2.  To  include  statement  of  work 

done  on  streets,  etc.,  names  of 
contractors,  cost,  etc. 


Bonds. 

3.  Penalties  of  bonds  required  of 

City  Kngineer  and  his  assist- 
ants. 

Documents  and  Official  Papers. 

4.  Form  of  heading  of  warrants 

and  documents. 

Labor. 

5.  Authority  to  employ  necessar}'^ 

skilled  labor. 

6.  Preference  to  be  given  to  regis- 

tered voters  in  employment  of 


ART.  35.]  STREETS  AND  CITY  ENGINEER— ORDINANCES. 


1085 


labor  ; other  necessary  skilled 
labor  to  be  also  employed. 

7.  To  use  such  methods  to  secure 

such  labor  as  he  may  deem  best. 

Repairs. 

8.  To  have  right  to  enter  upon  an}’- 

property  in  repairing  sewers. 

9.  To  repair  bridges  whenever  same 

is  necessary. 

Rispections. 

10.  Deposit  to  be  made  by  parties 

doing  work  requiring  inspec- 
tion of  City  Engineer  to  cover 
costs  of  such  inspection. 
Gutter  Plates. 

11.  Weight  of  iron  contained  there- 

in to  be  stamped  thereon. 

Burnt  District. 

Buildings  and  Structures . 

12.  Penalty  for  building  in  con- 

flict with  highway  lines  of 
“Burnt  District.’’ 

Footways. 

13.  Permit  required  for  construc- 

tion and  repair  of  sidewalks 
in  “Burnt  District.’’ 

14.  Specifications  for  construction 

of  sidewalks  in  “ Burnt  Dis- 
trict; ’’  regulations  for  use  of 
asphalt  sidewalk  blocks. 

Prohibited  Structures  on  Sidewalks 
and  Streets. 

15.  Limits  between  which  no  ob- 

structions on  sidewalk  or 
streets  can  be  erected ; ob- 
structions defined ; proviso  as 
to  mail-box  posts. 

Contracts. 

Improved  Pavements. 

16.  Proposals  to  guarantee  to  main- 

tain said  pavement  in  good 
order  for  five  years ; con- 


tractor to  remove  old  mate- 
rial at  expense  of  city  ; same 
to  remain  property  of  city. 

17.  Contractor  to  be  paid  when 

whole  work  finished  and  ac- 
cepted by  City  Engineer. 

Street  Crossings,  Flags  and 
Flagstones. 

18.  Vitrified  brick  or  flagstone 

crossings  to  be  provided  for 
in  all  contracts  for  paving  ; 
specifications  for  flagstones 
and  laying  same. 

Dedicated  Streets. 

19.  Streets  unconditionally  dedi- 

cated to  be  public  highways  ; 
streets,  etc.,  excepted  from 
provisions  of  this  section;  pro- 
viso as  to  streete  in  annex. 

Footways. 

Repair  mg  Defective  Footways. 

20.  City  Engineer  to  repair  same 

where  owner  cannot  be  found; 
notice  by  advertisement  to 
such  owners  where  footways 
are  out  of  order ; on  default 
of  owner  after  notice,  City 
Engineer  to  repave  same. 

Notice. 

21.  What  to  constitute  sufficient 

notice  to  such  owners. 

Repairing  by  City  Engineer. 

22.  When  City  Engineer  to  proceed 

with  work  of  repaving  or  re- 
pairing ; tax  to  be  imposed 
on  owners  of  abutting  lots  to 
cover  cost  of  repairs  and  col- 
lection of  cost. 

Cost  of  Repairs. 

23.  Procedure  in  collecting  said 

tax  ; tax  to  be  due  when  war- 
rant of  City  Engineer  is  is- 
sued to  City  Collector  ; tax  to 
be  lien  on  such  lots. 


1086 


STREETS  AND  CITY  ENGINEER— ORDINANCES.  [arT.  35. 


24.  Said  lien  to  be  enforced  by  dis- 

tress or  otherwise  after  notice. 

25.  City  Engineer  may  draw  on 

Cit}^  Register  in  anticipation 
of  collection  of  said  tax. 

26.  Penalty  for  neglect  of  owners 

to  repair  footways;  collection 
of  same. 

Flagstones . 

21 . Footways  to  be  paved  with 
same  ; how  to  be  put  down  ; 
penalty  for  improper  paving 
of  footways ; City  Engineer 
to  put  down  flagstones 
where  owners  fail  to  do  so 
after  notice ; such  owners  to 
pay  cost  thereof. 

Pavements. 

28.  Owners  of  lots  fronting  on 

paved  streets  to  put  down 
brick  pavements  after  notice 
on  order  of  City  Engineer ; 
specifications  for  such  pave- 
ments ; pavement  in  front  of 
unimproved  lots ; width  of 
same  ; all  thoroughfares  may 
be  required  to  be  paved  to 
building  line  ; penalty  for 
non-compliance  with  require- 
ments of  City  Engineer. 

‘ ‘ A 7tnex  ’ ’ Footways . 

29.  When  to  be  paved ; notice  to 

lot  owners  ; specifications  for 
such  pavements ; repairs  to 
same. 

30.  Footways  so  constructed  to  be 

properly  graded. 

31.  Upon  failure  of  owners  in  An- 

nex to  construct  footways, 
City  Engineer  to  construct 
same  and  collect  cost  from 
owners  ; such  costs  to  be  lien 
on  property ; collection  of 
costs. 


Drainage  Under  Sidewalks. 

32.  Drainage  across  line  of  side- 

walks to  be  conducted  under 
same. 

33.  Underground  pipes  or  other 

agencies  for  such  drainage  to 
be  provided. 

34.  Methods  of  drainage  used  to  be 

approved  by  City  Engineer. 

35.  On  neglect  of  owners,  City 

Engineer  to  provide  drainage 
as  required  ; notice  to  own- 
ers ; cost  of  drainage  to  be 
charged  to  owners  or  occu- 
piers of  premises  drained ; 
such  costs  to  become  a lien 
on  said  property ; City  So- 
licitor to  foreclose  same  if  not 
paid  within  one  year. 

36.  Penalty  for  violation  of  pro- 

visions of  this  sub-division  of 
this  Article. 

Temporary  Footways  for 
Pedestrians. 

37.  Construction  of  same  during 

repairs  to  permanent  side- 
walks. 

38.  Penalty  for  failure  to  construct 

same. 

Grade  and  Street  Lines. 

Grade  Lines. 

39.  Upon  application  of  owners, 

City  Engineer  may  direct  Cit}’^ 
Surveyor  to  establish  perma- 
nent grade  lines  ; how  same 
to  be  done. 

40.  To  keep  record  of  such  estab- 

lishments ; to  make  return 
of  same  to  City  Register  ; to 
collect  cost  thereof  from  ap- 
plicant for  same. 


ART.  35.]  STREETS  AND  CITY  ENGINEER — ORDINANCES. 


1087 


41.  City  Engineer  to  notify  City 

Surve3^or  of  changes  contem- 
plated and  of  passage  of  or- 
dinances providing  therefor. 

42.  Upon  receipt  of  said  notice 

Cit}'  Surve^'or  to  fix  grades 
and  prepare  profiles. 

43.  City  Surveyor  to  advertise  five 

days’  notice  before  fixing,  etc. 
grade  lines. 

44.  Cost  of  work  to  be  paid  out  of 

appropriation  for  City  Engi- 
neer; proviso  as  to  grades  of 
streets,  provision  for  grading 
and  paving  which  has  been 
made  by  ordinance. 

45.  Commissioner  of  Health  to  re- 

quire grading  and  paving  of 
any  private  alley  when  neces- 
sary' to  public  health ; cost 
thereof  to  be  assessed  upon 
owners  of  property  binding 
thereon. 

Building  and  Street  Lines. 

46.  No  building  work  to  be  done 

until  lines  of  streets  have 
been  established. 

47.  Appeals  to  Mayor  from  deci- 

sions of  City  Engineer;  Mayor 
to  summon  five  arbitrators; 
their  compensation  ; to  re- 
turn their  award  to  City  Reg- 
ister ; oath  of  arbitrators  ; to 
have  information  and  docu- 
ments on  which  decision  of 
City  Engineer  is  based. 

48.  Appellant  to  first  file  obliga- 

tion to  pay’  costs  of  appeal. 

49.  City  Engineer  to  ascertain  said 

expenses. 

Building  Permits. 

50.  Grade  lines  to  be  established 

before  permits  issue. 


51.  Duty  of  Inspector  of  Buildings 

to  see  that  said  lines  have 
been  properly  established  ; to 
have  chart  of  lines  in  his 
office. 

52.  Said  Inspector  to  see  that 

buildings  as  erected  conform 
to  lines  on  chart. 

53.  To  notify  persons  building  not 

in  accordance  with  said  lines; 
penalty  for  continuing  such 
building  after  expiration  of 
said  notice. 

Grading,  Paving,  Etc. 

(^On  Application  of  Owners.') 

54.  City’  Engineer  to  have  author- 

ity to  grade,  pave,  etc.,  on 
application  of  majority  of 
owners  of  property’  binding 
thereon. 

Notice. 

55.  To  give  notice  by  advertise- 

ment upon  receipt  of  applica- 
tion; contents  of  notice. 

Contracts. 

56.  To  advertise  for  proposals  for 
grading,  etc. 

Owners. 

57.  Whom  to  be  deemed  owners 

within  the  provisions  of  this 
sub-division. 

Curbstones . 

58.  Not  required  in  paving  streets, 

etc.,  not  over  twenty  feet 
wide. 

Citj/  Property. 

59.  Mayor  may  sign  petitions  for 

paving,  grading,  etc.,  on  be- 
half of  city  in  respect  of  city 
property. 

Cross  Streets. 

60.  When  City  Register  shall  pay 

expenses  thereof. 


1088 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [aRT.  35. 


Improved  Pavements. 

61.  When  paving,  etc.,  done  on 

application  of  property  own- 
ers, said  owners  may  select 
kind  of  pavement  to  be 
used  ; paving  in  front  of  city 
property. 

Grading,  Paving,  etc.,  in  Annex 
on  Application  of  Owners. 

62.  Said  commissioners  may  grade, 

pave,  etc.,  streets,  etc.,  in 
Annex  pro  rata  at  expense  of 
owners  as  herein  provided  on 
application  of  owners. 

63.  Notice  to  be  given  of  intention 

to  consider  such  application. 

64.  Who  may  sign  application  as 

owner  ; Mayor  may  sign  on 
behalf  of  city. 

65.  A tax  to  cover  cost  of  such  im- 

provements pro  rata  with 
frontage  on  street  so  im- 
proved to  be  levied  on  lots 
binding  thereon  where  such 
grading  and  paving  is  done ; 
city  to  be  regarded  as  owner 
of  cross  streets  ; statement 
showing  amount  assessed  on 
each  lot  to  be  prepared. 

66.  Payment  of  benefits  so  assessed 

may  be  deferred  in  discretion 
of  said  commissioners  as 
herein  provided  ; said  assess- 
ments to  be  liens  on  property. 

67.  Notice  of  assessment  and  re- 

view of  same ; commission- 
ers to  attend  at  place  desig- 
nated in  notice  and  consider 
objections  and  make  correc- 
tions ; corrected  list  of  as- 
sessments to  be  delivered  to 
City  Register  and  such  final 
assessments  to  become  liens. 


68.  Notice  of  deposit  of  said  list 

with  City  Register  to  be  pub- 
lished. 

69.  Written  or  printed  notice  of 

assessments  to  be  served  on 
owners  of  property  assessed  ; 
proviso. 

70.  Persons  dissatisfied  with  as- 

sessments may  appeal  to  Bal- 
timore City  Court. 

71.  Transfer  of  lists  of  assessments 

to  City  Collector  for  collec- 
tion ; procedure  in  collection 
of  asses.sments  ; when  assess- 
ments to  become  due. 

72.  Disposition  of  money  collected 

on  account  of  assessments. 

Grading,  Paving,  etc.,  by  Owners 
in  Annex. 

73.  Majority  of  property  owners  on 

streets  in  Annex  may  select 
paving  and  pave  streets  at 
their  own  expense ; to  file 
specifications  for  such  paving 
with  City  Engineer  ; city  to 
pave  cross  streets ; not  less 
than  one  block  to  be  so 
paved  ; paving  to  be  uniform; 
parties  improving  to  give 
bond  to  indemnify  city. 

Paving  Assessments  or  Tax. 

74.  To  be  imposed  on  owners  of 

property  binding  on  street,  to 
cover  cost  of  paving,  etc., 
same  under  contract;  said  tax 
to  be  lien  on  property. 

75.  City  Engineer  to  make  list  of 

persons  liable  for  said  tax  ; to 
deliver  duplicate  of  said  list 
to  City  Collector ; tax  to  be 
collected  in  sixty  days  ; when 
contractor  to  be  paid. 


ART.  35.]  STREETS  AND  CITY  ENGINEER — ORDINANCES. 


1089 


76.  Notice  to  persons  liable  for  said 

tax ; to  be  collected  by  City 
Collector. 

Selection  of  Paving. 

77.  Cobblestone  pavements  prohib- 

ited. 

78.  City  to  notify  owners  of  prop- 

erty binding  on  newly  opened 
streets  of  intention  to  pave 
same ; contents  of  notice ; 
owners  to  select  kind  of  pave- 
ment; Cit}"  Engineer  to  select  i 
same  where  owners  default. 

79.  ‘ ‘Improved  pavement ’’defined. 

80.  Where  city  pays  whole  cost  of 

pa\dng,  etc.,  City  Engineer 
may  select  pavement  with 
approval  of  Mayor. 

Paving  Work. 

81.  Unless  otherwise  provided,  all 

paving  to  be  done  by  contract 
or  by  labor  employed  by  city. 

Macadam  Paving  in  '‘‘‘Annex.'" 

82.  Macadamizing  permitted  in  An- 

nex where  desired  by  owners 
of  property ; to  be  approved 
by  Mayor  and  City  Engineer. 

Stepping  Stones. 

83.  To  be  placed  by  City  Engineer 

wherever  the  public  conven- 
ience requires,  upon  applica- 
tion therefor. 

Wharves,  Docks,  Etc. 

84.  Repairing  private  wharves, 

streets,  alleys,  etc. 

Nuisances. 

85.  Commissioner  of  Health  to  di- 

rect City  Engineer  to  pave  or 
re- pave  streets  in  state  of 
nuisance;  cost  of  such  paving, 
etc. 


86.  To  publish  ten  days’  notice  of 

time  and  place  of  making 
assessments  for  such  paving  ; 
all  persons  interested  to  have 
opportunity  to  object ; cost  to 
be  apportioned  after  hearing 
all  persons  interested ; to 
make  list  of  property  owners 
affected  ; list  to  show  amount 
due  from  each  piece  of  prop- 
erty. 

87.  Procedure  in  case  the  court 

decides  that  no  nuisance  ex- 
isted ; to  refund  moneys  paid 
in  such  cases. 

88.  Duty  of  City  Engineer  where 

owners  are  non-residents  ; to 
give  notice  to  same  by  publi- 
cation before  proceeding  here- 
under ; contents  of  notice. 

Paving  Ordinances. 

Legal  Form. 

89.  Before  proceeding  under  any 

ordinance  for  paving,  grad- 
ing, etc.,  City  Engineer  to 
have  certificate  of  City  Solici- 
tor that  same  is  valid  and 
sufficient. 

Hearing  before  Council. 

90.  Preliminaries  to  passage  of  any 

ordinance  for  grading,  etc., 
streets. 

Bids  and  Contracts. 

91.  After  passage  of  ordinance  City 

Engineer  to  advertise  for 
proposals;  award  of  contracts; 
to  make  estimate  of  cost. 

Paving  Assessments. 

92.  To  be  apportioned  among 

owners  of  property  binding 
on  said  .streets. 


1090 


streets  and  city  engineer — ORDINANCES.,  [arT.  35. 


93.  Apportionment  to  be  adver- 

tised ; contents  of  advertise- 
ment ; review  and  correction 
of  apportionment ; to  hear  all 
parties ; to  make  correct  list 
of  property,  owners,  and 
amounts  due  from  same ; to 
file  duplicate  list  of,  with  City 
Register  with  necessary  plats. 

94.  After  deposit  of  said  list  City 

Register  to  notify  all  inter- 
ested parties  by  advertise- 
ment. 

95.  Written  or  printed  notice  to  be 

served  on  each  party  assessed. 

Appeals  from  Paving  Assessments . 

96.  Persons  dissatisfied  may  appeal 

to  Baltimore  City  Court  for 
review ; further  appeal  to 
Court  of  Appeals. 

Void  Ordinances. 

97.  Proceedings  where  such  ordi- 

nances are  set  aside  or  re- 
pealed ; moneys  paid  there- 
under to  be  refunded  and 
costs  paid  by  city. 

98.  Procedure  where  no  appeal  is 

taken,  or  after  appeal  is 
decided. 

Excess  of  Expenses. 

99.  City  to  pay  excess  of  expenses 

over  assessments. 

100.  When  whole  assessment  col- 

lected, contractor  to  be  noti- 
fied to  proceed  with  work  ; 
where  assessments  excessive, 
excess  to  be  refunded. 

Bermuda  Asphalt. 

101.  Authorizing  Bermuda  asphalt 

instead  of  sheet  Trinidad 
Lake  asphalt,  when  latter  or 
an  “equally  good’’  asphalt 
is  specified  in  ordinance. 


Names  of  Streets. 

102.  Commissioners  for  Opening 

Streets  may  change  or  revise 
same. 

103.  Changes  to  become  effective 

only  after  approval  of  Mayor 
and  City  Council. 

Permits  for  Digging  up  Streets. 

Unpaved  Streets. 

104.  No  earth  to  be  removed  from 

same  without  license  from 
City  Engineer ; penalty. 

Paved  Streets. 

105.  No  part  of  street  surface  to  be 

disturbed  without  permission 
of  City  Plngineer. 

106.  Conditions  under  which  such 

permit  is  issued  ; conditions 
under  which  permit  for  erec- 
tion of  poles,  etc.,  is  issued. 

107.  Penalty  for  violation  of  two 

next  preceding  sections. 

Trenches^  Drains.,  Etc. 

108.  Not  to  be  thrown  up  or  dug  in 

streets,  etc.,  without  permit; 
permit  to  state  conditions ; 
penalty  for  failure  to  comply 
therewith. 

Gas  and  Water  Connections . 

109.  Regulating  connection  of  pub- 

lic and  private  houses  with 
gas  and  water  mains,  sewers, 
etc. 

110.  Mains  and  sewers  to  be  con- 

structed in  beds  of  alley's 
where  practicable. 

Regulating  Opening  and  Use  of 
Streets. 

Repairs. 

111 . City  Engineer  to  repair  streets 

over  trenches  made  by  gas 
companies  and  collect  cost 
thereof  from  said  companies. 


ART.  35.] 


CITY  ENGINEER— ORDINANCES. 


1091 


Safety  Regulations. 

112.  Corporations  and  individuals 

in  digging  up  streets  under 
permits  must  protect  vehicles 
and  pedestrians ; specifica- 
tions for  protection  arrange- 
ments ; penalty  for  neglect 
of  proper  precautions  ; piles 
of  material  in  streets  to  be 
indicated  by  lanterns  at 
night ; penalty  for  neglect. 

Restoring  Street  Surface. 

113.  All  excavations  to  be  com- 

pactly filled  ; ground  to  be 
made  solid;  penalty;  offend- 
ers to  comply  with  require- 
ments in  addition. 

Street  Franchises. 

114.  Penalty  for  failure  to  keep  in 

repair  or  to  restore  or  replace 
surface  of  streets,  etc.,  by 
those  upon  whom  obligation 
so  to  do  is  imposed  by  law  or 
ordinance. 


115.  City  Engineer  may  make  re- 

pairs at  cost  of  party  liable 
therefor ; may  institute  suit 
for  collection  of  such  cost. 

Protection  of  Street  Surface. 

116.  Mortar  not  to  be  mixed  on 

sheet  asphalt  or  other  im- 
proved pavements ; fires  on 
pavements  forbidden ; kero- 
sene or  other  oils  not  to  be 
permitted  to  run  on  or  over 
such  pavements  ; oil  tank 
wagons  to  have  drip  pans  ; 
trestles,  etc.,  bearing  weights 
to  have  flat  bearing  surfaces; 
minimum  area  of  such  sur- 
faces ; penalty. 

Destruction  of  Embankments^  Etc. 

117.  Penalty  for  injury  to  such,  or 

other  public  work  ; to  be  lia- 
ble for  expense  of  repairs  in 
addition  to  penalty. 

118.  Recovery  of  fines  and  penal- 

ties imposed  for  violation  of 
provisions  of  this  Article. 


CITY  ENGINEER. 

Duties  and  Authority. 

City  Code,  (1879)  Art.  47,  Sec.  67.  City  Code,  (1893)  Art.  48,  Sec.  68. 

1.  The  City  Engineer  shall  keep  a fair  journal  of  all 
proceedings  in  his  office,  as  far  as  they  may  relate  to  the 
condemnation,  grading  or  leveling  of  the  streets,  lanes 
and  alleys,  and  the  establishment  of  boundaries  or  the 
making  and  repairing  of  sewers,  and  the  building  and 
repairing  of  bridges,  and  shall  return  the  same  under  his 
hand  and  seal  at  least  once  in  every  three  months,  to  the 
City  Register,  to  be  by  him  recorded  and  filed  in  his  office; 
and  he  shall  carefully  preserve  all  bids  for  work  to  be 
done,  and  all  papers  and  writings  belonging  to  his  office. 


To  keep  jour- 
nal. 


To  return  pro- 
ceedings to 
City  Regis- 
ter. 


Bids,  papers, 
and  writings. 


1092 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [arT.  35. 


Annual  Report. 

City  Code,  (1879)  Art.  47,  Sec.  71.  City  Code,  (1893)  Art.  48,  Sfec.  72. 

2.  The  annual  report  of  the  City  Engineer  shall  include 
statement  of  a Statement  of  the  several  streets,  lanes  and  alleys,  or 
on  stree°ts^  parts  thereof,  that  have  been  paved  or  repaved  during  the 
year,  together  with  the  names  of  the  contractors,  the 
number  of  square  feet  and  the  sum  per  square  foot  paid 
for  paving  or  repaving,  as  the  case  may  be,  and  also  an 
explicit  statement  whether  all  the  provisions  of  the  ordi- 
nances relating  to  paving  and  repaving,  and  the  duties 
required  of  the  City  Engineer  have  been  complied  with. 

Bonds. 

City  Code,  (1879)  Art.  47,  Sec.  63.  City  Code,  (1893)  Art.  48,  Sec,  64. 
Ord.  72,  May  17,  1895. 

^scribSfor  * 3.  The  penalty  of  the  bond  required  by  law  to  be  given 

EnglJeir^^^^  by  the  City  Engineer,  shall  be  the  sum  of  ten  thousand 
($10,000) ; and  the  Assistant  City  Engineers  shall 
give  bond  for  the  faithful  performance  of  their  duties 
respectively  in  the  penal  sum  of  five  thousand  dollars 
($5,000)  each. 

Documents  and  Official  Papers. 

City  Code,  (1879)  Art.  47,  Sec.  72.  City  Code,  (1893)  Art.  48,  Sec.  73. 

Heading  of  4.  All  Warrants  and  other  documents  issued  by  the  City 
documents.  Engineer,  or  connected  with  his  sub-department,  shall  be 
headed  : ‘‘Department  of  Public  Improvements,  Sub-De- 
partment : City  Engineer.^' 


Labor. 

Ord.  16,  February  27,  1893.  City  Code,  (1893)  Art.  48,  Sec.  94A. 

City  Engineer  5.  The  City  Engineer  is  hereby  authorized  and  directed 
skfi“d  ?abor.  to  employ  such  skilled  labor  as  may  be  necessary  to  carry 
on  the  various  works  under  his  direction  in  a proper  and 
expeditious  manner. 


ART.  35.]  REPAIRS — INSPECTION — ORDINANCES. 


1093 


Ord.  16,  February  27,  1893.  City  Code,  (1893)  Art.  48,  Sec.  94B. 

6.  Preference  shall  be  given  to  the  employment  of  all 
such  skilled  laborers  who  are  registered  voters  of  the  city  voters, 
of  Baltimore,  and  the  City  Engineer  is  hereby  authorized 
and  directed  to  employ  as  many  other  skilled  laborers  who 
may  not  be  registered  voters  of  the  city  of  Baltimore  as 
may  be  necessary  in  his  judgment  to  enable  him  to  carry  voters  may  be 
on  the  various  works  under  his  direction  in  a proper  and 
expeditious  manner. 


Ord.  16,  February  27,  1893.  City  Code,  (1893)  Art.  48,  Sec.  94C. 

7.  The  City  Engineer  is  hereby  authorized  and  directed  obtained, 
to  obtain  such  skilled  labor  by  individual  solicitation,  by 
advertisement,  or  by  any  other  method  that  may  be  deemed 
best  by  him  for  the  interests  of  the  city  of  Baltimore. 


Repairs. 

City  Code,  (1879)  Art.  47,  Sec.  78.  City  Code,  (1893)  Art.  48,  Sec.  79. 

8.  The  City  Engineer  shall  have  full  power  and  author-  Entry  for  re- 
ity  to  enter  upon  the  lots  of  ground  or  possessions  of  any  sewers, 
person  or  persons,  or  bodies  corporate,  through  which  the 
public  sewers  now  or  may  hereafter  run,  to  regulate  or 
repair  the  same. 


City  Code,  (1879)  Art.' 47,  Sec.  79.  City  Code,  (1893)  Art.  48,  Sec.  80. 

9.  The  City  Engineer  is  hereby  directed  whenever  any  Repair  of 
of  the  bridges  within  the  city  stand  in  need  of  repairs,  to 
mend  and  repair  the  same  as  he,  with  the  approbation  of 
the  Mayor,  may  think  fit. 


Inspections. 

Ord.  172,  March,  21,  1899. 

10.  In  all  work  hereafter  to  be  done  under  the  super- 
vision of  the  City  Engineer  or  his  sub-department,  as 
provided  in  ordinances  and  resolutions  of  the  Mayor  and 
City  Council  of  Baltimore  and  permits  issued  by  the  City 


1094  streets  and  city  engineer — ORDINANCES.  [arT.  35. 

D^osiuobe  Engineer,  which,  in  his  judgment,  require  the  services  of 
parties  doing  an  inspector,  it  shall  be  the  duty  of  the  City  Engineer  to 
spicdon^by  party  or  parties  to  make  a deposit  of  money 

City  Engi-  to  cover  the  cost  of  such  inspection.  This  shall  cover  all 

neer  to  cover  , . . , 

costs  of  such  work  in  connection  with  street  railway  tracks,  steam  rail- 

inspection.  . n i • 

way  tracks,  grading,  paving  and  curbing  of  streets,  lanes 
and  alleys,  all  subway  construction,  sewers,  drain  pipes, 
gas  pipes,  water  pipes,  sewer  connections,  etc. 

Gutter  Plates, 

Ord.  72,  May  15,  1886.  City  Code,  (1893)  Art.  48,  Sec.  89. 

Stamp  on  gut-  11.  The  City  Engineer  is  authorized  and  directed  to 

ter  plates.  i n . , „ . 

have  stamped  on  all  gutter-plates,  the  weight  of  iron  con- 
tained therein,  furnished  by  contractors  to  the  city  of 
Baltimore.  * 


BURNT  DISTRICT. 

Buildings  and  Structures. 

Ord.  152,  November  21,  1904. 

^budSnS’in  owner,  lessee  or  occupant  of  any  lot  within 

conflict  with  the  ‘ ‘Burnt  District,  ’ ’ who  shall  erect  thereon  any  building, 

highway  n ^ i • • i i i • i 

of  wall,  fence  or  other  structure  in  conflict  with  the  highway 

Burnt  Dis-  ’ ^ 

trict.”  lines  established  by  Ord.  152,  approved  November  21, 
1904,  shall  be  held  to  be  guilty  of  a misdemeanor,  and  upon 
conviction  thereof,  shall  forfeit  and  pay  a fine  of  five 
dollars  ($5). 

Footioays. 

Ord.  245,  April  24,  1905. 

Sidewalks  in  13.  Hereafter  no  sidewalk  or  footway  within  the  terri- 
tricu”  tory  known  as  the  “Burnt  District’’  shall  be  paved, 
re-*paved  or  repaired  without  a permit  first  being  had  and 
obtained  from  the  City  Engineer. 


*NoTE. — As  to  liability  of  street  railway  for  non-repair  of  gutter  cover-  ^ 
ings  in  certain  cases,  see,  McCarthy  v.  Citizens’  Ry.  Co.,  Daily  Record, 

April  29,  1889. 


ART.  35.]  CONTRACTS— IMPROVED  PAVEMENTS — ORDINANCES. 


1095 


Ord.  245,  April  24,  1905. 

14.  Within  the  territory  known  as  the  ' ‘Burnt  District,  ’ ’ construction 
all  sidewalks  or  footways  hereafter  laid  or  re-laid,  or  re-  of  sidewalks 
paired  to  the  extent  of  more  than  one-half  of  their  original 

value,  shall  be  constructed  of  concrete  or  of  granite,  or  of 
flag-stones,  or  of  asphalt  tiles  not  less  than  two  and  one- 
half  inches  in  thickness,  in  accordance  with  specifications 
to  be  furnished  by  the  City  Engineer  at  the  time  when  the 
permit  provided  for  in  the  next  preceding  section  of  this 
Article  shall  be  granted  ; or  asphalt  sidewalk  blocks,  pro- 
vided such  blocks  are  laid  on  a concrete  base  four  inches  Regulation  as 
in  thickness,  all  in  accordance  with  specifications  to  be  sidewalk 
furnished  by  the  City  Engineer  as  heretofore  provided  in 
this  section  for  other  sidewalks. 

Prohibited  Structures  on  Sidewalks  and  Streets. 

Ord.  15,  November  6,  1905. 

15.  Within  that  part  of  Baltimore  City  known  as  the  limits  be- 

“ Burnt  District,'^  as  described  and  bounded  in  Chapter  87  which  no  ob- 
of  the  Acts  of  the  General  Assembly  of  Maryland  of  the  sidewalk  o? 
year  1904,  it  shall  be  unlawful  to  erect  upon  the  streets,  e^tldln  ^ 
lanes  and  alleys  of  the  city  between  the  grade  of  the  side-  tdcY" ^ 
walk  and  a point  ten  feet  above  such  grade,  any  awning 
poles,  posts,  hitching  posts,  barber  poles,  railings,  open 
areas,  stepping  stones,  sign  posts,  horse  troughs,  clocks, 
stands  of  any  character,  cellar  doors  or  coal  holes,  unless 
the  same  be  flush  with  the  pavement,  steps,  porticos,  bay 
windows,  bow  windows,  show  windows,  signs,  columns, 
piers  or  other  projections  or  structural  ornaments  of  any 
character  to  the  houses  fronting  on  the  same ; provided, 
however,  that  nothing  herein  shall  be  taken  as  applicable  to 
mail  box  posts,  or  other  agencies  used  by  the  Federal 
Government  in  the  collection  and  distribution  of  mail. 

CONTRACTS. 

Improved  Pavements. 

Ord.  117,  June  25,  1894. 

16.  The  City  Engineer  is  authorized  and  directed  to 
require  all  proposals  for  laying  improved  pavements  under 


1096 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [arT.  35. 


any  ordinance  or  ordinances  of  the  Mayor  and  City  Council 
of  Baltimore,  to  include  the  guarantee  of  the  contractor  to 
To  maintain  maintain  the  said  pavement  in  good  order  for  five  years 
2lni1n%ood  from  the  date  of  the  acceptance  of  said  work  by  the  City 
Engineer,  and  that  all  the  old  material  on  streets,  or  por- 
tions of  streets,  provided  to  be  repaved  by  said  ordinances 
shall  be  removed  by  the  contractor,  at  the  expense  of  the 
m^^terili  and  city,  to  such  place  or  places  as  the  City  Engineer  shall  from 
main  prop-  time  to  time  designate,  and  the  said  old  materials  shall 
erg^  of  the  property  of  the  city. 


Ord.  117,  June  25,  1894. 

17.  When  the  whole  work  of  repaving  any  street  or 
streets  provided  to  be  repaved  under  any  ordinance  or 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore 
When  contract-  shall  have  been  finished  and  accepted  by  the  City  Engineer, 
plid.^  ^ all  sums  then  remaining  unpaid  shall  be  paid  to  the  con- 
tractor. 


Street  Crossings,  Flags  and  Flagstones. 

City  Code,  (1879)  Art.  47,  Sec.  37.  City  Code,  (1893)  Art.  48,  Sec.  38. 

Ord.  97,  June  16,  1904. 

Vitrified  brick  18.  In  all  contracts  for  paving  or  re-paving  streets 
flagstones  or  with  cobble  stones,  belgian  blocks  or  macadam,  there  shall 
crossings  to  be  incorporated  a provision  calling  for  either  vitrified  brick 
in  all  con-  crossings,  flagstones  or  flagstone  crossings  across  all 
paving,  etc.  strccts,  lancs  or  alleys  at  their  intersection  with  each 
other,  as  shall  be  determined  upon  by  the  City  Engineer, 
whenever  he  shall  consider  said  crossings  necessary  or 
desirable  for  the  proper  use  of  said  street.  And  when- 
ever flagstones  shall  be  hereafter  used,  they  shall  consist 
of  two  rows  of  gneiss  granite  or  other  hard  stone,  two  feet 
in  width  and  not  less  than  five  inches  in  thickness,  and 
they  shall  be  so  laid  that  there  shall  be  a space  of  one  foot 
between  said  two  rows  of  flagstones,  which  shall  be  paved 
with  belgian  blocks. 


ART.  35.]  DEDICATED  STREETS — FOOTWAYS — ORDINANCES. 


1097 


DEDICATED  STREETS. 

Ord.  2,  June  14,  1905. 

19.  All  streets,  avenues,  lanes  and  alleys  situated  within  Declaring-  cer- 
the  corporate  limits  of  the  city  of  Baltimore,  and  which  cated  streets 
said  streets,  avenues,  lanes  and  alleys  have  been  hereto-  highways, 
fore  unconditionally  dedicated  as  highways  by  deed  or  plat, 
or  in  any  other  manner  by  which  a street,  avenue,  lane  or 
alley  may  be  dedicated  as  a highway,  be  and  the  same  are 
hereby  declared  to  be  public  highways  of  the  city  of 
Baltimore ; saving  and  excepting  that  this  section  shall 
not  be  construed  to  apply  to  any  street,  avenue,  lane  or 
alley  less  than  ten  feet  in  width, and  provided  further, that 
this  section  shall  not  apply  to  any  street,  avenue,  lane  or 
alley,  heretofore  dedicated,  unless  the  same  is  directly  con- 
nected with  some  street,  avenue,  lane  or  alley  already  a 
public  highway,  or  which  under  the  terms  of  this  section 
shall  become  a public  highway  ; and  provided  further,  that 
this  section  shall  not  apply  to  any  streets,  avenues,  lanes  and 
alleys  within  the  territory  annexed  to  the  city  of  Balti- 
more by  the  Act  of  1888,  Chapter  98,  unless  the  same  have 
been  so  dedicated  that  the  lines  and  grades  thereof  con- 
form to  the  general  plan  of  streets  for  the  Annex  adopted 
under  Ordinance  129,  approved  December  3,  1898,  (codified 
as  sections  5,  6 and  7 of  Article  39,  title  ‘ ‘Topographical 
Survey’’  of  this  Code),  or  any  lawful  amendment  or 
amendments  thereof. 


FOOTWAYS. 

Repairing  Defective  Footways. 

City  Code,  (1879)  Art.  47,  Sec.  50.  City  Code,  (1893)  Art.  48,  Sec.  51. 

20.  The  City  Engineer  is  hereby  authorized  and  direct- 
ed, in  all  cases  where  the  owner  or  owners  of  ground  Notice  by 
fronting  on  any  of  the  paved  streets,  lanes  or  alleys  of  the  ment  toown- 
city  cannot  be  found  at  the  time  said  footways  are  out  of  where^foot- 
order,  to  cause  to  be  published  in  three  or  more  of  the  otlvifr. 
daily  papers  having  the  largest  circulation  published  in  the 
city  of  Baltimore,  at  least  five  times,  the  location  and 
number  of  feet  of  such  lot  or  lots  of  ground,  and  notice  of 


1098 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [arT.  35. 


his  intention  to  have  the  footways  of  such  lot  or  lots  paved 
repaved  or  repaired,  as  the  case  may  be,  and  in  case 
City  Engineer  said  lot  or  lots  shall  not  be  paved,  re-paved  or  repaired 
gme^and  within  the  time  specified  in  said  notice,  the  City  Engineer 
lector  collect  shall  have  the  footways  of  such  lot  or  lots  paved,  re-paved 
or  repaired,  and  shall  hand  over  to  the  City  Collector  his 
warrant,  to  be  by  him  collected  as  herein  provided. 


Notice. 

City  Code,  (1879)  Art.  47,  Sec.  51.  City  Code,  (1893)  Art.  48,  Sec.  52. 

21.  The  City  Engineer  shall  cause  notice  of  said  order 
to  be  given  to  the  proprietor  or  proprietors  of  the  lot  or 
lots  in  front  of  which  a footway  is  required  to  be  filled  up, 
dug  down,  paved  or  repaved  in  manner  following,  that  is 
ing  notice,  to  say:  the  said  order,  or  a copy  thereof,  may  be  left  at 
any  house  on  such  lot,  or  served  personally  on  the  proprietor 
or  proprietors,  or  his,  her  or  their  tenant,  agent  or  guardian, 
or  left  at  his,  her  or  their  residence,  or  a copy  of  such  order 
may  be  published  in  one  or  more  of  the  newspapers  of  the 
city,  not  less  than  five  times,  notice  in  any  of  which  said 
modes  shall  be  deemed  sufficient. 


Repairing  hy  City  Engineer. 

City  Code,  (1879)  Art.  47,  Sec.  52.  City  Code,  (1893)  Art.  48,  Sec.  53. 

^trstoobJy”’  If  proprietor  or  proprietors  of  any  lot  or  lots 

notice.  fronting  on  any  paved  street,  lane  or  alley,  shall  neglect 
or  refuse  to  fill  up,  dig  down,  pave  or  repair  the  footways 
in  front  of  such  lot  or  lots,  for  the  space  of  ten  days  after 
service  of  a printed  or  written  order,  or  copy  thereof,  in 
manner  as  aforesaid,  to  be  reckoned  in  case  of  publication  in 
a newspaper  from  the  date  of  first  publication,  then  the  City 
Engineer  is  authorized  and  directed  to  have  the  said  foot- 
^to  reSSr  Ind  ways  filled  up,  dug  down,  paved  or  re-paved  with  brick  in 
^ sufficient  and  substantial  manner,  or  repaired  in  such 
imposed.  manner  as  the  City  Engineer  shall  think  proper,  and  a 
tax  shall  be  imposed  upon  each  respective  lot  in  front  of 
which  the  footways  shall  have  been  so  filled  up,  dug  down. 


ART.  35.] 


COST  OF  REPAIRS — ORDINANCES. 


1099 


paved  or  repaired,  equal  to  the  expenses  of  such  filling  up, 
digging  down,  paving  or  repairing,  with  an  addition  thereto 
of  three  per  cent,  for  the  expense  of  collecting. 

Cost  of  Repairs. 

City  Code,  (1879)  Art.  47,  Sec.  53.  City  Code,  (1893)  Art.  48,  Sec.  54. 

23.  The  City  Engineer  shall  issue  his  warrant  to  the 
City  Collector,  approved  by  the  Mayor,  for  the  collection 
of  said  tax,  containing  the  names  of  the  person  or  persons 
who  are  to  pay  such  tax,  and  the  amount  to  be  paid  by 
each,  correcting,  however,  any  mistake  in  the  said  list 
as  often  as  he  may  be  satisfied  such  correction  shall  be 
necessary  ; and  the  said  tax  shall  be  due  immediately  on  ^hen  tax  is 
making  out  said  warrant,  which  the  said  City  Engineer 
may  do  as  soon  as  he  can  ascertain  the  expense  incurred, 
or  to  be  incurred,  and  such  tax  shall  be  a lien  upon  all  such 
lots. 


City  Code,  (1879)  Art.  47,  Sec.  54.  City  Code,  (1893)  Art.  48,  Sec.  55. 

24.  The  City  Collector  shall  immediately  collect  the '^fected^by  dis- 
same  by  distress  or  otherwise,  giving  sixty  days’  notice  ot^lr^'ise. 
previously  to  distress,  and  pay  over  the  same  to  the 
Comptroller. 


City  Code,  (1879)  Art.  47,  Sec.  55.  City  Code,  (1893)  Art.  48,  Sec..  56. 

25.  The  City  Engineer  is  authorized,  with  the  approba- 
tion  of  the  Mayor,  to  draw  on  the  City  Register  in  anticipa-  ^uch  tax. 
tion  of  such  tax,  for  such  sum  or  sums  of  money  as  may 
be  necessary  to  fill  up,  dig  down,  pave  or  repair  any  such 
footways. 


City  Code,  (1879)  Art.  47,  Sec.  56.  City  Code,  (1893)  Art.  48,  Sec.  57. 

26.  If  any  person  or  persons  shall  neglect  or  refuse  to 
fill  up,  dig  down,  pave  or  re-pave  any  footway  in  front  of  Penalty  for 
his  her  or  their  lot  or  lots,  when  required  so  to  do  by  the  paie’^or^re- 
City  Engineer,  in  the  manner  hereinbefore  provided,  such  ways.^°°^ 
person  or  persons  shall  forfeit  and  pay  twenty-five  cents 
per  front  foot  every  day  such  person  or  persons  shall  refuse 


1100 


streets  and  city  engineer — ORDINANCES.  [aRT.  35. 


or  neglect  to  fill  up,  dig  down,  pave  or  repave  as  afore- 
said, as  a fine  for  such  neglect  or  refusal;  and  it  shall  be 
the  duty  of  the  City  Engineer,  when  he  issues  his  warrant 
for  the  said  tax,  to  take  the  necessary  steps  for  enforcing 
the  said  fine. 

Flagstones. 

City  Code,  (1879)  Art.  47,  Sec.  58.  City  Code,  (1893)  Art.  48,  Sec.  59. 

27.  It  shall  not  be  lawful  for  any  person  or  persons  to 
pave  any  of  the  footways  binding  on  any  of  the  streets, 
lanes  or  alleys  of  the  city  of  Baltimore  with  stone,  unless 
the  same  shall  be  put  down  with  good  and  sufficient  fiag- 

Fiagstones  to  stones,  in  accordance  with  the  provisions  of  section  18  of 
be  put  down.  Aj^ticle,  Under  a penalty  of  one  dollar  for  every  front 
foot;  and  if  any  such  person  or  persons  shall  neglect  or 
refuse  to  comply  with  the  provisions  of  this  section  within 
ten  days  after  service  of  a written  or  printed  order,  or 

Duty  of  City  thereof,  as  provided  by  section  21  of  this  Article,  to 

Engineer  rockonod,  in  case  of  publication  in  a newspaper,  from  the 
neglect  date  of  first  publication,  then  the  City  Engineer  is  authorized 

provisions  and  directed  to  put  down  such  flagstones  and  to  collect  the 

relating  to  i it-  F ^ 

flagstones,  cost  thereof  With  an  addition  of  three  per  cent,  for  the 
expense  of  such  collection,  from  said  person  or  persons  so 
neglecting  or  refusing  to  comply  with  the  provisions  of 
this  section. 

Pavements. 

City  Code,  (1879)  Art.  47,  Sec.  60.  City  Code,  (1893)  Art.  48,  Sec.  61. 

28.  Except  as  to  the  ‘‘Burnt  District’',  the  City  Engi- 
neer is  authorized  to  direct  and  require  by  written  or 

^mentsTcity  Pointed  order,  the  proprietor  or  proprietors  of  any  lot  or 
SaJ^eqiire  lots  fronting  on  any  of  the  paved  streets,  lanes  or  alleys  of 
gme  to  be  up,  or  dig  down  to  the  proper  grade,  or  to 

pave  or  repair  the  footways  in  front  of  such  lot  or  lots,  with 
a good  and  sufficient  brick  pavement,  on  a bed  of  good 
sharp  sand,  not  less  than  six  inches  deep,  within  ten  days 
un"  after  notice  of  such  order;  the  said  footways  in  front  of 
improved  unimprovod  lots  to  be  paved  with  good  and  substantial 


ART.  35.]  ANNEX  FOOTWAYS — ORDINANCES. 


1101 


brick  of  such  width  from  the  curbstone  as  the  City  Engi- 
neer shall  direct,  not  less,  however,  than  four  feet,  and  all 
the  thoroughfares  or  business  streets  of  the  city  shall  be 
paved  to  the  building  line,  if  thought  requisite  by  the  City 
Engineer,  and  in  case  of  refusal  or  neglect  by  the  proprie- 
tor or  proprietors  of  any  lot  or  lots  of  ground  to  comply 
with  the  requirements  of  the  City  Engineer,  the  owner  or 
owners  of  said  lot  or  lots  of  ground  shall  be  subject  to  a Penalty, 
fine  of  ten  dollars  for  each  and  every  day  such  notice  or 
order  shall  remain  uncomplied  with,  to  be  recovered  as 
other  fines  and  forfeitures  are  recoverable. 


''Annex''  Footways. 

Ord.  51,  May  2,  1902,  Sec.  1. 

29.  The  City  Engineer  is  authorized  and  directed  when- 
ever any  unpaved  street,  lane  or  avenue  in  the  annexed 
portion  of  the  city  of  Baltimore,  used  as  a public  thorough-  owners  in 
fare,  is  without  a proper  footway  along  said  street,  lane  construct 

, j}  • *11  n 11  footways  of 

or  avenue  and  is  out  ot  repair  or  m bad,  unsate  and  danger-  cinders  or 
ous  condition,  to  notify  the  owner  of  the  lot  fronting  upon  where  same 

1 1 1 i 1 • i 1 are  out  of  re- 

such  unpaved  street,  lane  or  avenue  m the  same  manner  pair  or  un- 
as  notice  is  now  required  to  be  given  to  the  owners  of  lots 
fronting  on  paved  streets  where  the  footways  binding  on 
such  lots  are  required  to  be  repaved  or  repaired,  requiring  Notice  to 
said  owner  to  construct  a footway  out  of  cinders,  crushed 
stone,  wood  or  other  suitable  material  along  such  unpaved 
street,  lane  or  avenue,  or  repair  or  put  in  good  condition 
any  footway  already  constructed  or  existing  along  said 
street,  lane  or  avenue  within  five  days  from  the  time  of 
giving  said  notice. 


Ord.  51,  May  2,  1902,  Sec.  2. 

30.  The  City  Engineer  is  authorized  to  have  such  foot- 
ways as  he  may  construct  or  as  may  be  constructed  in  pro'^ISy 
compliance  with  the  provisions  of  the  next  preceding 
section  of  this  Article,  brought  to  proper  grades,  either  by 
excavating  where  too  high  or  filling  in  where  too  low. 


1102 


streets  and  city  engineer — ORDINANCES.  [arT.  35. 


Upon  failure  of 
owners  to 
construct 
footways, 

City  Engi- 
neer to  con- 
struct same 
and  cost 
thereof  to  be 
co^ected 
from  owners. 


City  Collector 
to  make  col- 
lections. 


Drainage  to  be 
conducted 
under  side- 
walks. 


Underground 
pipes  pro- 
vided there- 
for to  be  ap- 
proved by 
City  Engi- 
neer. 


Ord.  51,  May  2,  1902,  Sec.  3. 

31.  Upon  failure  of  any  owner  or  owners  of  a lot  or 
lots  fronting  upon  any  unpaved  street,  lane  or  avenue  in 
the  annexed  portion  of  the  city  of  Baltimore,  to  comply 
with  the  notice  provided  for  in  section  29  of  this  Article, 
the  City  Engineer  is  authorized  and  directed  to  construct 
such  footways  and  make  any  and  all  repairs  and  grading 
necessary  to  be  done  with  the  force  under  him  in  his 
department,  and  to  charge  the  cost  thereof,  to  the  owner 
or  owners  to  whom  such  notice  shall  have  been  given; 
which  said  cost  shall  be  a lien  against  the  property  fronting 
or  abutting  on  the  footways  so  constructed,  graded  or  re- 
paired, and  these  costs  or  charges  shall  be  given  into  the 
hands  of  the  City  Collector,  to  be  collected  by  him  as  other 
claims  of  the  city  are  collected. 


Drainage  Under  Sidewalks. 

Ord.  Ill,  June  22,  1904,  Sec.  1. 

32.  All  drainage  of  every  character  whatsoever  within 
the  city  of  Baltimore,  be  it  from  rainspouts  or  from  any 
other  conceivable  source  which  naturally  or  artificially 
fiows  outward  and  across  the  line  of  the  public  sidewalks 
into  the  gutterways  or  other  means  of  discharge,  shall  be 
conducted  under  instead  of  across  the  surface  of  said  side- 
walks. 


Ord.  Ill,  June  22,  1904,  Sec.  2. 

33.  The  owner  or  owners  or  occupiers  of  any  building 
or  other  structure  from  which  the  drip  or  drainage  as  above 
described,  is  carried  or  is  to  be  carried,  across  the  line  of 
the  public  sidewalk  aforesaid,  shall  provide  underground 
pipes  or  other  agencies,  so  as  to  conduct  the  same  under 
the  surface  of  the  sidewalks,  as  required  by  the  next  pre- 
ceding section  of  this  Article;  the  scheme  of  pipes  or  other 
agencies  to  be  subject  to  the  approval  of  the  City  Engineer. 


ART.  35.]  DRAINAGE  UNDER  SIDEWAEKS — ORDINANCES. 


1103 


Ord.  Ill,  June  22,  1904,  Sec.  3. 

34.  No  method  of  conducting*  drainage  under  the  public 
sidewalks,  in  accordance  with  the  provisions  of  the  two  whether 
next  preceding  sections  of  this  Article,  shall  be  deemed  a drainage 

^ ® 1 e 1 1 comply  with 

sufficient  compliance  with  the  terms  thereof,  unless  such  this  Article, 
method  is  approved  and  so  certified  by  the  City  Engineer. 


Ord.  Ill,  June  22,  1904,  Sec.  4. 

35.  In  all  cases  where  the  owner  or  owners  or  occupiers  when  owners, 
of  buildings  or  other  structures  shall  refuse  or  neglect  to  to  comply 
make  provisions  for  the  discharge  of  the  drip  or  drainage  ing  provi- 
in  accordance  with  the  intent  and  purpose  of  sections  32, 

33  and  34  of  this  Article,  the  City  Engineer  shall  proceed 
to  have  the  necessary  means  or  appliances  properly  con-^^^.^^ 
structed,  having  first  given  at  least  three  days’  notice  to 
such  owner  or  owners,  or  occupiers  to  comply  with  the 
provisions  of  said  last  named  sections,  and  the  cost  of  said 
means  or  appliances  and  of  the  laying  and  construction 
thereof,  shall  in  such  case  be  charged  to  the  owner  or  city  Engineer 
owners  or  occupiers  of  the  building  or  other  structure  from  d^ffnag^^^ 
which  the  drip  or  drainage  is  so  conducted;  and  the  said  cost  upon 

. 1 n ii  1 owners,  etc. 

owner  or  owners  or  occupiers  shall  thereupon  become 

indebted  to  the  Mayor  and  City  Council  of  Baltimore  for 

the  full  amount  expended  as  aforesaid,  and  the  claims 

therefor  shall  become  a lien  on  the  entire  lot  and  premises, 

and,  should  the  indebtedness  not  be  paid  to  the  city  within  city  solicitor 

one  year  from  the  time  at  which  the  expense  was  incurred, 

the  same  shall  be  placed  in  the  hands  of  the  City  Solicitor 

for  foreclosure  and  recovery  of  the  money,  including  all 

costs  and  interest. 


Ord.  Ill,  June  22,  1904,  Sec.  5. 

36.  Any  person  or  persons  violating  the  provisions  of 
sections  32,  33  and  34  of  this  Article,  shall  be  subject  to  a penalty 
penalty  of  not  less  than  fifty  dollars  ($50),  nor  more  than 
one  hundred  dollars  ($100) . 


1104 


Footway  to  be 
erected  with- 
in two  days. 


Penalty. 


Upon  applica- 
tion by  ow- 
ner, City 
Engineer 
may  direct 
City  Sur- 
veyor to  es- 
tablish per- 
manent 
grade  lines. 


STREETS  AND  CITY  ENGINEER— ORDINANCES.  [arT.  35. 

Temporary  Footways  for  Pedestrians. 

Ord.  13,  February  24,  1894,  Sec.  1. 

37.  Whenever  any  sidewalk  shall  be  dug  or  torn  up  by 
any  person  or  corporation,  the  said  person  or  corporation 
so  digging  up  or  tearing  up  the  sidewalk  shall,  within  two 
days  from  the  time  of  the  beginning  of  digging  away  or 
tearing  up  the  sidewalk,  construct  over  said  sidewalk  so 
dug  or  torn  up,  a substantial  footway  not  less  than  three 
feet  wide  with  proper  guards  on  the  side  for  the  use  of 
the  public,  which  shall  be  maintained  until  said  sidewalk 
is  restored  and  repaved  in  a proper  manner. 


Ord.  13,  Februar}^  24,  1894,  Sec.  2. 

38.  Every  person  or  corporation  refusing  or  neglecting 
to  comply  with  the  provisions  of  the  next  preceding  section 
of  this  Article  shall  be  liable  to  a penalty  of  ten  dollars 
($10)  for  each  and  every  day  which  shall  elapse  until  a 
footway  shall  be  constructed  as  therein  provided. 


GRADE  AND  STREET  LINES. 

Grade  Lines. 

City  Code,  (1879)  Art.  47,  Sec.  28.  City  Code,  (1893)  Art.  48,  Sec.  28. 

Ord.  116,  June  23,  1904.  (Sec.  28). 

39.  Upon  application  in  writing  to  the  City  Engineer 
by  the  owner  of  any  property  binding  upon  any  street,  lane 
or  alley,  or  part  thereof,  now  or  hereafter  to  be  marked, 
located,  widened,  straightened,  or  laid  out  upon  the  plan 
of  the  city  for  the  fixing  and  establishing  or  changing,  as 
the  case  may  be,  of  the  permanent  grade  line  or  lines  of 
any  such  street,  lane  or  alley,  or  part  thereof,  the  City 
Engineer  shall,  provided  in  his  judgment  the  public 
interests  require  such  permanent  grade  line  or  lines  to  be 
fixed  and  established,  or  changed,  notify  the  City  Sur- 
veyor of  such  application,  and,  upon  receipt  of  said  notice 
from  the  City  Engineer,  the  City  Surveyor  shall  thereupon 
proceed  to  fix  and  establish,  or  change  as  the  case  may  be. 


ART.  35.]  GRADE  AND  STREET  DINES— ORDINANCES. 


1105 


the  permanent  grade  line  or  lines  of  any  such  street,  lane 
or  alley,  or  part  thereof,  in  accordance  with  the  provisions 
of  sections  41  to  44,  inclusive,  of  this  Article. 

Dasliiell  v.  M.  & C.  C.  of  Baltimore,  45  Md.  615. 


Orel.  116,  June  23,  1904,  Sec.  28. 

40.  The  City  Engineer  shall  keep  in  his  office  a record 
of  such  establishments  or  changes,  and  shall  also  make  a 
written  return  of  the  same  to  the  City  Register,  who  shall  «eer. 
record  the  same  and  preserve  the  original  in  the  files  of  ^ 

his  office,  and  shall  also  collect  the  cost  of  such  establish-  ord  thereof 

’ to  be  filed  in 

ments  or  changes  of  grade  from  the  person  or  persons  cuy  R^g^s- 
making  application  for  the  same. 


Ord.  58,  May  2,  1888.  Ord.  105,  October  9,  1888.  Ord.  33,  April  26, 

1889.  City  Code,  (1893)  Art.  48,  Sec.  29.  Ord.  116,  June  23,  1904. 

Sec.  29. 

41.  Whenever  the  City  Engineer  shall  determine  in  his  city  Engineer 
judgment  that  the  public  interests  require  the  establish-  su^wl^fr^^o/ 
ment  or  change  of  the  grade  line  or  lines  of  any  street,  lane  nation  to 
or  alley,  or  part  thereof  in  the  city  of  Baltimore,  whether  g^adf^tc. 
such  street,  lane  or  alley  or  part  thereof  has  been  con- 
demned or  not,  he  shall  forthwith  notify  the  City  Surveyor 
of  his  said  determination  and  the  City  Engineer  shall  like- 
wise notify  the  City  Surveyor  of  the  passage  of  any  ofiTssageS 
ordinance  which  may  provide  for  the  fixing  and  establish-  SroiiS^ 
ing,  or  the  changing,  of  the  grade  line  or  lines  of  any  cit^sSI^-  ° 
street,  lane  or  alley  or  part  thereof  in  the  city  of  Baltimore. 


Ord.  116,  June  23,  1904,  Sec.  29A. 

42.  Upon  receipt  of  said  notification  from  the  City  city  surveyor 
Engineer,  the  City  Surveyor  shall  proceed  to  fix  and  and  pS?ar? 
establish,  or  to  change,  as  the  case  may  be,  and  to  prepare 
profiles,  of  the  grade  lines  of  all  such  streets,  lanes  or  alleys, 
or  parts  thereof,  as  are  embraced  in  said  notice  from  the 
City  Engineer. 


1106 


streets  and  city  engineer— ordinances.  [art.  35. 


Ord.  116,  June  23,  1904,  Sec.  29B. 

Five  days’^  43.  Beforc  fixing  and  establishing  or  changing  as  the 
city^survey-  case  may  be,  the  grade  line  or  lines  of  any  such  street,  lane 
tisement.  or  alley  or  part  thereof  in  the  city  of  Baltimore,  the  said  City 
Surveyor  shall  give  five  days’  notice  in  three  daily  papers 
published  in  the  city  of  Baltimore,  that  he  will  appear  on 
the  premises  at  the  time  and  on  the  day  named  in  said 
notice,  for  the  purpose  of  fixing  and  establishing  or 
changing,  as  the  case  may  be,  the  said  grade  lines. 

Ord.  116,  June  23,  1904,  Sec.  29C. 

cos^t^of^fixing  44.  The  cost  of  so  fixing  and  establishing  or  changing 
paid  out  of  the  said  grade  lines  shall  be  paid  for  out  of  the  appropria- 

appropria-  . . 

gonfor^city  tiou  allowed  the  City  Engineer  s department  for  the 
purpose  ; provided,  however,  that  whenever  under  the 
Proviso.  provisions  of  sections  41  to  43,  inclusive,  of  this  Article, 
the  City  Surveyor  shall  fix  and  establish,  or  change  the 
grade  lines  of  any  street,  lane  or  alley  or  part  thereof  in 
the  city  of  Baltimore,  which  has  been  by  -ordinance  di- 
rected to  be  graded  and  paved,  the  cost  of  such  establishment 
or  change  shall  be  added  to  the  cost  of  the  grading  and 
Cost  to  be  add-  paving  of  said  street,  lane  or  alley,  or  part  thereof,  to  be 
grading  etc.,  paid  and  collected  as  the  cost  of  such  grading  and  paving 

of  streets.  7 . i i n i o o r-  o 

IS  paid  and  collected. 


Ord.  116,  June  23,  1904,  Sec.  29D. 

Commissioner  45.  Whenever  the  Commissioner  of  Health  shall  be  of 
rlquS^rS-  the  opinion  that  the  public  health  requires  the  grading  and 
ill?  of  any puving  of  any  private  alley,  he  shall  issue  a certificate  to 
when  ne?et  that  offoct,  directed  to  the  City  Engineer  and  thereupon 
the  City  Engineer  shall  proceed  to  grade  and  pave  the 
same  according  to  the  provisions  of  this  Article,  as  far  as 
the  same  are  applicable  ; provided,  however,  that  whenever 
in  such  case  it  shall  be  necessary,  in  the  judgment  of  the 
City  Engineer,  to  fix  and  establish  or  change  the  grade 
lines  of  such  private  alley,  or  part  thereof,  so  to  be  graded 
and  paved  as  aforesaid,  it  shall  be  the  duty  of  the  City 
Surveyor  to  fix  and  establish  or  change  such  grade  lines 


ART.  35.]  BUILDING  AND  STREET  LINES — ORDINANCES. 


1107 


upon  notice  from  the  City  Engineer  as  provided  in  sections 
41,  42  and  43  of  this  Article  ; the  cost  of  fixing  and  estab- 
lishing  or  changing  said  grade  lines,  if  the  same  be 
necessary,  and  the  cost  of  grading  and  paving  said  alley, 
shall  be  assessed  on  and  collected  from  the  owners  of  the 
property  binding  thereon,  as'  provided  in  this  Article  and 
shall  be  a lien  on  said  property  until  paid. 


Building  and  Street  Lines. 

City  Code,  (1879)  Art.  47,  Sec.  74.  City  Code,  (1893)  Art.  48,  Sec.  75. 

46.  No  owner  or  owners  of  any  lot  in  the  city  shall  dig  i^ine  of  street 

^ to  be  estab- 

or  lay  the  foundation  of  any  house  in  front  of  any  street,  before 
lane  or  alley,  or  erect  any  wall  or  fence  fronting  thereon,  bebmit. 
before  he,  she  or  they  shall  have  applied  to  the  City  Engi- 
neer to  make  out  the  true  line  of  such  street,  lane  or  alley, 
unless  the  corners  of  the  square  upon  which  such  improve- 
ment is  to  be  made  have  been  duly  established,  and  the 
City  Engineer  when  so  applied  to,  is  hereby  authorized  and 
required  to  see  that  such  foundation,  building,  house  or 
wall  does  not  and  shall  not  encroach  upon  the  highway. 

Citv  Code,  (1879)  Art.  47,  Sec.  75.  City  Code,  (1893)  Art.  48,  Sec.  76. 

47.  If  any  person  or  persons  shall  think  him,  her  or 
themselves  aggrieved  by  the  determination  of  the  City 
Engineer  in  fixing  the  lines  of  any  street,  lane  or  alley,  or 
the  boundary  of  any  lot,  or  in  fixing  the  grade  of  streets, 
lanes  and  alleys,  in  such  case  every  such  person  or  persons 
may,  within  five  days  next  after  such  determination, 

appeal  from  the  same  to  the  Mayor,  who  shall  thereupon  Mayor  from 
issue  a warrant  summoning  five  disinterested  persons  of  cuy^E^fi- 
known  ability  and  discretion,  whose  compensation  shall  be 
two  dollars  per  day  each  (the  determination  of  whom,  or 
a majority  of  whom,  shall  be  final),  to  settle  all  matters  of 
dispute  within  ten  days  thereafter,  and  return  their 
award,  in  writing,  to  the  City  Register,  to  be  by  him 
recorded;  and  before  the  persons  appointed  under  such 
warrant  shall  proceed  to  the  execution  of  their  duties. 


1108 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [aRT.  35. 


Appellant  to 
first  file  obli- 
gation to  pay 
costs  of  ap- 
peal. 


The  City  En- 
gineer to  fix 
such  ex- 
penses. 


Grade  lines  to 
be  estab- 
lished by 
proper 
officer. 


they  shall  make  oath  or  affirmation  that  they  will  impartially 
examine  the  proceedings  of  the  City  Engineer  from  which 
an  appeal  is  prayed,  and  confirm  or  alter  the  same  as  in 
their  opinion  is  just,  without  favor  or  partiality;  and  the 
said  persons  shall  receive  from  the  City  Engineer  all  docu- 
ments and  information  which  influenced  and  directed  him 
in  said  determination  from  which  the  appeal  is  made. 


City  Code,  (1879)  Art.  47,  Sec.  76.  City  Code,  (1893)  Art.  48,  Sec.  77. 

48.  When  any  person  or  persons  shall  appeal  from  the 
determination  of  the  City  Engineer,  it  shall  not  be  lawful 
for  the  Mayor  to  grant  the  said  appeal  and  issue  the 
warrant  herein  mentioned,  unless  the  person  or  persons  so 
appealing  shall  enter  into  an  obligation  to  the  Mayor  and 
City  Council  of  Baltimore,  and  file  the  same  with  the  City 
Register,  binding  him,  her  or  themselves  to  pay  to  the 
Mayor  and  City  Council  of  Baltimore,  all  the  expenses 
which  may  be  incurred  in  the  said  appeal,  should  the  same 
be  not  sustained. 


City  Code,  (1879)  Art.  47,  Sec.  77.  City  Code,  (1893)  Art.  48,  Sec.  78. 

49.  The  City  Engineer,  with  the  approbation  of  the 
Mayor,  shall  fix  and  ascertain  the  said  expenses,  which 
shall  be  paid  to  the  City  Register,  and  by  him  to  the  person 
or  persons  employed  to  decide  the  appeal. 


Building  Permits. 

Ord.  83,  December  8,  1900,  Sec.  1. 

50.  The  grade  lines  of  all  private  or  public  streets, 
roads,  avenues,  lanes  or  alleys  shall  be  properly  and  per- 
manently established  by  the  proper  officer,  and  a chart  or 
profile  of  all  such  grades  so  established  shall  be  made  by 
him  and  placed  on  file  in  his  office,  before  the  Inspector  of 
Buildings  shall  issue  any  permit  for  the  erection  of  any 
new  house  or  new  buildings  of  any  kind  fronting  thereon. 


ART.  35.]  , BUILDING  PERMITS— ORDINANCES. 


1109 


Ord.  83,  December  8,  1900,  Sec.  2. 

51.  Before  the  Inspector  of  Buildings  shall  issue  any  J be 

permit  for  the  erection  of  any  new  house  or  new  building 
of  any  kind  hereafter  fronting  on  any  private  or  public 
street,  road,  avenue,  lane  or  alley,  it  shall  be  the  duty  of 
the  Inspector  of  Buildings  to  see  that  the  grade  lines  have 
been  properly  and  permanently  established,  and  a chart  or 
profile  of  the  same  has  been  made  by  the  proper  officer 
and  placed  on  file  in  his  office  before  he  shall  issue  said 
permit. 


Ord.  83,  December  8,  1900,  Sec.  3. 

52.  It  shall  be  the  duty  of  the  Inspector  of  Buildings 
to  see  that  every  new  house  or  new  building  of  any  kind 
hereafter  erected,  fronting  on  any  private  or  public  street, 
road,  avenue,  lane  or  alley,  is  erected  and  constructed  to  set  out  on 
conform  to  the  grade  lines  so  established  and  as  shown  on  said, 
the  chart  or  profile  so  made  and  placed  on  file,  of  said 
private  or  public  street,  road,  avenue,  lane  or  alley. 


Ord.  83,  December  8,  1900,  Sec.  4. 

53.  If  at  any  time  the  Inspector  of  Buildings  shall  find 
that  any  person  or  persons  are  violating  any  of  the  pro- 
visions  of  sections  50  to  52,  inclusive,  of  this  Article,  or  uo^fto”vSil- 
erecting  any  building,  fronting  on  any  private  or  public 
street,  road,  avenue,  lane  or  alley,  not  conforming  to  the 
grade  so  established,  then  it  shall  be  the  duty  of  the  said 
Inspector  of  Buildings  to  notify,  in  writing,  the  person  or 
persons  violating  the  provisions  of  said  sections  50  to  52, 
inclusive,  or  erecting  such  building  not  conforming  to  the 
grade  so  established  for  said  street,  road,  avenue,  lane  or 
alley;  and  any  person  or  persons  who  shall,  after  the  ex- 
piration of  ten  days  from  the  date  of  said  notice,  continue 
to  erect  any  building,  or  violate  any  of  the  provisions  of  said 
section,  shall  be  subject  to  a penalty  of  twenty-five  dollars  penalty. 
($25)  for  each  and  every  offence,  and  an  additional  fine  of 
five  dollars  ($5)  for  each  and  every  day  that  such  violation 
shall  continue. 


1110  STREETS  AND  CITY  ENGINEER— ORDINANCES.  [arT.  35. 

GRADING,  PAVING,  ETC. 

{On  Application  of  Owners.) 

City  Code,  (1879)  Art.  47,  Sec.  30.  City  Code,  (1893)  Art.  48,  Sec.  30. 

54.  The  City  Engineer  with  the  approbation  of  the 
Mayor,  shall  have  full  authority  to  grade,  gravel,  shell. 
Grading  and  pave  or  curb  any  street,  lane  or  alley  or  part  thereof,  in  the 

paving  upon  . _ . jr  7 

request  of  City  of  Baltimore,  whenever  the  owners  of  a majority  of 
owners.  the  front  feet  of  ground  binding  on  such  street,  lane  or 

alley,  or  part  thereof,  shall  apply  for  the  same. 

Holland  v.  Mayor,  etc.,  11  Md.  186.  Bouldin  v.  Mayor,  etc.,  15  Md. 
19.  Baltimore  v.  Bouldin,  23,  Md.  328.  Dashiell  v.  Mayor,  etc.,  45  Md. 
615.  Mayor  v.  Boyd,  64  Md.  10.  Kelly  v.  Mayor,  65  Md.  171;  cf., 
Baltimore  City  v.  Stewart,  92  Md.  551.  Mayor  etc.  v.  Flack  et  al,  103 
or  104,  Md.  Daily  Record,  October  24,  1906.  See^  cases  cited  under  sec- 
tion 6,  City  Charter,  sub-division  (26,  d)  ante,  page  76. 

Notice. 

City  Code,  (1879)  Art.  47,  Sec.  31.  City  Code,  (1893)  Art.  48,  Sec.  31. 

56.  When  the  City  Engineer  shall  receive  an  application 
in  writing  to  grade,  gravel,  shell,  pave  or  curb  any  street, 
lane  or  alley,  or  part  thereof,  as  provided  in  the  next 
preceding  section,  it  shall  be  his  duty  to  give  ten  days^ 
Notice  in  such  notice,  by  advertisement  in  three  newspapers,  of  the 

cases.  fact  of  such  application,  and  also  of  the  time  and  place 
when  he  intends  to  act,  for  the  purpose  of  considering 
and  determining  such  application. 

Kelly  V.  Mayor,  65  Md.  171. 


Contracts. 

City  Code,  (1879)  Art.  47,  Sec.  32.  City  Code,  (1893)  Art.  48,  Sec.  32. 

56.  After  such  application  has  been  made,  and  the 
^forprop”Sl  public  notice  has  been  given,  and  the  City  Engineer  has 
for  grading,  ^gfej-j^ined  to  grade,  gravel,  shell,  pave  or  curb  any  street, 
lane  or  alley,  or  part  thereof,  he  shall  advertise  for  pro- 
posals and  award  the  contract  for  such  work  in  accordance 


ART.  35.]  OWNERS — CITY  PROPERTY— ORDINANCES. 


1111 


with  the  provisions  of  sections  14  and  15  of  the  City 
Charter. 

Dashiell  v.  Mayor,  etc.,  45  Md.  615.  Kelly  v.  Mayor,  65  Md.  171. 
Ulman  v.  Baltimore  City,  72  Md.  590.  Baltimore  City  v.  Stewart,  92 
Md.  535. 


Owners. 

City  Code,  (1879)  Art.  47,  Sec.  33.  City  Code,  (1893)  Art.  48,  Sec.  33. 

57.  A tenant  for  ninety-nine  years,  or  for  ninety-nine 
years  renewable  forever,  or  the  executor  or  administrator 
of  such  tenant,  or  the  guardian  of  an  infant  owner,  or  a 
mortgagee  in  possession,  shall  be  deemed  and  taken 
as  an  owner  for  the  purposes  of  any  application  authorized 
by  the  three  next  preceding  sections  of  this  Article,  and 
the  application  of  any  such  person  shall  bind  the  property  so 
represented  for  any  assessment  or  tax  made  under  it. 


Curbstones. 

City  Code,  (1879)  Art.  47,  Sec.  38.  City  Code,  (1893)  Art.  48,  Sec.  39. 

58.  Streets,  lanes  or  alleys,  not  more  than  twenty  feet 
in  width,  hereafter  to  be  paved,  may  be  paved  without 
curbstones,  provided  the  owners  of  a majority  of  the  front 
feet  binding  thereon  shall  assent  to  the  same,  and  the  City 
Engineer  shall  deem  it  advisable  so  to  pave  such  street, 
lane  or  alley. 


City  Property. 

City  Code,  (1879)  Art.  47,  Sec.  41.  City  Code,  (1893)  Art.  48,  Sec.  42. 

59.  The  Mayor  shall  have  full  power,  whenever  he  may 
deem  it  advisable,  to  sign,  on  behalf  of  the  city  corpora- 
tion, any  petition  for  the  paving,  grading,  or  curbing  of 
streets,  lanes  or  alleys,  on  which  may  front  any  property 
belonging  to  the  city. 


Who  to  be 
deemed 
owners. 


Without  curb- 
stones. 


Mayor  may 
sign  for  City. 


1112 


Expenses  of 
cross  streets 


Property 
owners 
may  select 
kind  of  pave 
ment. 


Said  commis- 
sioners may 
grade,  pave, 
etc,,  streets, 
etc.,  in  An- 
nex pro 
rata  at  ex- 
pense of 
owners  as 
herein  pro- 
vided. 


streets  and  city  engineer — ORDINANCES.  [aRT.  35. 

Cross  Streets. 

City  Code,  (1879)  Art.  47,  Sec.  42.  City  Code,  (1893)  Art.  48,  Sec.  43. 

60.  Whenever  any  street,  lane  or  alley,  has  been  graded, 
graveled,  shelled,  curbed  or  paved  in  pursuance  of  the  pro- 
visions of  sections  54,  55  and  56  of  this  Article,  the  City 
Register  shall  pay  the  expense  of  the  cross  streets,  on  the 
order  of  the  City  Engineer. 

Moale  V.  Baltimore,  61  Md.  241, 

Improved  Pavements. 

City  Code,  (1879)  Art.  47,  Sec.  61.  City  Code,  (1893)  Art.  48,  Sec.  62. 

61.  whenever  application  shall  be  made  to  the  City 
Engineer  to  have  paved  or  repaved  any  street,  lane  or 
alley  of  the  city  of  Baltimore,  or  whenever  said  paving  or 
repaving  shall  be  done  by  virtue  of  an  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  it  shall  be  optional 
with  the  owners  of  a majority  of  the  front  feet  of  ground 
binding  upon  said  street,  lane  or  alley,  whether  the  said 
paving  or  repaving  shall  be  with  stone,  or  what  is  known 
as  the  Nicholson,  or  any  other  improved  pavement;  and 
provided  further,  that  when  any  paving  or  repaving  is  to 
be  done  in  front  of  any  property  owned  by  the  corporation 
of  the  city  of  Baltimore,  the  Mayor,  Comptroller  and  City 
Engineer  shall  decide  whether  it  shall  be  paved  with  stone 
or  any  improved  pavement. 

Grading,  Paving,  etc.,  in  Annex  on  Application  of  Owners. 

Powers  of  Commissioners  for  Opening  Streets  in  relation  to  such 
Paving.** 

Ord.  151,  June  15,  1906,  Sec.  1. 

62.  At  the  request  of  the  owners  of  a majority  of  the 
front  feet  of  ground  binding  on  the  whole  or  any  part  of 
any  street,  lane  or  alley  which  is  now  open,  or  may  here- 
after be  opened  in  the  “Annex^^  portion  of  Baltimore  city 
during  the  time  of  the  exercise  by  the  Commissioners  for 
Opening  Streets  of  the  powers  and  performance  of  the 


**NoTE. — As  to  powers  of  Commissioners  for  Opening  Streets  under 
Annex  Improvenent  Act,  see  Mayor,  etc.  Baltimore  v.  Flack  et  al,  de- 
cided by  Court  of  Appeals  October  6, 1906,  to  be  reported  in  103  or  104  Md. 


ART.  35.]  GRADING,  PAVING,  ETC.,  IN  ANNEX — ORDINANCES. 


1113 


duties  conferred  and  imposed  by  Chapter  274  of  the  Acts 
of  1904  of  the  General  Assembly  of  Maryland,  and  any 
ordinance  or  ordinances  passed  or  to  be  passed  in  pursuance 
thereof,  the  said  Commissioners  for  Opening  Streets,  act- 
ing under  the  provisions  of  the  aforesaid  Act  and  ordinances, 
may,  if  in  their  judgment  the  public  interests  will  be  served 
thereby,  grade,  pave  and  curb  such  street,  land  or  alley, 
or  part  thereof,  at  the  expense  pro  rata  of  the  owners  of 
all  the  property  binding  thereon,  wholly  as  to  sidewalks 
(being  one-fifth  of  the  whole  width  on  each  side  of  the 
said  street)  and  either  wholly  or  in  part  as  to  the  residue, 
in  accordance  with  sections  62  to  72,  inclusive,  of  this 
Article. 


Ord.  151,  June  15,  1906,  Sec.  2. 

63.  Upon  receipt  of  such  application  as  above  mentioned.  Notice  of  in ten- 
the  said  Commissioners  for  Opening  Streets  shall  give  ten  sSersuch* 
days’  notice  in  at  least  two  of  the  daily  newspapers  pub-  to  be  given 
lished  in  the  city  of  Baltimore,  of  the  fact  that  such 
application  has  been  made  and  of  the  intention  of  the  said 
commissioners  to  consider  the  same,  and  also  of  the  time 
when  and  place  where  objections  to  such  application  will 
be  received  and  heard. 


Ord.  151,  June  15,  1906,  Sec.  3. 

64.  A tenant  for  ninety-nine  years,  or  for  ninety-nine  who  may  sign 
years  renewable  forever,  or  the  executor  or  administrator  as  owner, 
of  such  a tenant,  or  the  guardian  of  an  infant  owner,  or  a 
mortgagee  in  possession  shall  be  deemed  and  taken  as  an 
owner  for  the  purposes  of  any  application  authorized  by 
sections  62  to  72,  inclusive,  of  this  Article,  and  the  appli- 
cation of  any  such  person  shall  bind  the  property  so 
represented  for  any  assessment  or  tax  made  under  it,  and 
the  Mayor  of  Baltimore  city  is  hereby  authorized  to  sign 
any  such  application  on  behalf  of  the  Mayor  and  City 
Council  of  Baltimore  as  owner  of  any  property  binding  on 
such  street,  lane  or  alley,  or  any  part  thereof,  whenever 
the  said  Mayor  shall  deem  it  advisable  to  do  so. 


1114 


STREETS  AND  CITY  ENGINEER  — ORDINANCES.  [ART.  35. 


Ord.  151,  June  15,  1906,  Sec.  4. 

^co?t‘of'‘'Juch  After  any  contract  for  the  work  of  grading,  paving 

curbing  such  street,  lane  or  alley,  or  part  thereof,  shall 
f?oStri?on  have  been  awarded  in  the  manner  provided  by  law,  the 
pro^vid  to'^be  Commissioners  for  Opening  Streets  shall  impose  a tax 
^he  property  binding  on  such  street,  lane  or  alley,  or 
wher?”such  thereof,  to  be  graded,  paved  or  curbed,  equal  in  amount 
to  the  whole  expense  of  the  work,  or  to  such  part  of  the 
said  expense  as  the  aforesaid  commissioners  in  their  dis- 
cretion shall  determine  is  to  be  borne  by  the  owner  or 
owners  of  such  property,  and  also  three  per  centum  on  the 
amount  so  to  be  assessed  against  said  property  for  the  cost 
and  expenses  of  collecting  the  same;  and  the  said  Commis- 
sioners for  Opening  Streets  shall  apportion  the  said  tax  so 
that  the  several  lots  of  ground  binding  on  both  sides  of 
such  street,  lane  or  alley,  or  part  thereof  to  be  graded, 
paved  or  curbed,  shall  become  liable  for  pro  rata  parts 
thereof,  according  to  the  frontage  of  said  property  thereon 
and  in  such  apportionment  the  Mayor  and  City  Council  of 
Baltimore  shall  be  regarded  as  the  owner  of  all  cross  streets; 
^ and  the  said  Commissioners  for  Opening  Streets  shall  then 
such  assess-  prepare  a statement  showing  the  amount  ot  assessment 

ments  to  be  i i t i i 

prepared,  upon  each  ot  the  aioresaid  lots  ot  ground. 


Ord.  151,  June  15,  1906,  Sec.  5. 

66.  Whenever  any  street,  lane  or  alley,  or  part  thereof , 
shall  be  graded,  paved  or  curbed  in  accordance  with  the 
provisions  of  sections  62  to  72,  inclusive,  of  this  Article, 
the  Commissioners  for  Opening  Streets  may,  if  to  them  it 
shall  appear  advisable,  provide  in  their  statement  of  bene- 
Paymeiit  of  fit  assessments  above  mentioned  that  the  jpayment  of  the 
a.ssessed  may  amounts  SO  assossod,  or  any  of  them,  may  at  the  option  of 
hi  dIscrSfon  the  owners  of  the  respective  lots  of  ground  assessed,  be 
mi.SionersTs  deferred  for  such  definite  period  of  time,  as  the  said  com- 
JfdJd?asst«s  missioners  shall  determine,  not  to  exceed  five  years  from 
ments  to  be  delivery  of  the  statement  aforesaid  to  the 

City  Register  as  hereinafter  provided,  either  with  or  with- 
out liability  for  interest  on  deferred  payments,  as  said 


ART.  35.]  GRADING,  PAVING,  ETC.,  IN  ANNEX — ORDINANCES. 


1115 


commissioners  may  deem  just  and  proper;  and  the  assess- 
ments so  made  shall  be  and  continue  liens  on  the  respective 
lots  of  ground  until  paid. 


Ord.  151,  June  15,  1906,  Sec.  6. 

67.  After  the  Commissioners  for  Opening  Streets  shall  Notice  of 

review  or 

have  completed  their  apportionment  of  the  costs  and  expen-  assessments, 
ses  to  be  assessed  as  aforesaid,  and  the  statement  thereof, 
they  shall  give  notice  by  advertisement  inserted  twice  a 
week  for  two  successive  weeks  in  two  of  the  daily  news- 
papers published  in  the  city  of  Baltimore,  that  such  appor- 
tionment has  been  made  and  that  the  statement  thereof  is 
on  file  in  the  office  of  the  said  commissioners  for  the  inspec- 
tion of  all  persons  interested  therein,  and  that  they  will  at- 
tend at  their  said  office  on  a day  in  such  notice  to  be  named, 
which  shall  be  not  less  than  ten  nor  more  than  twenty 
days  from  the  first  publication  of  such  notice,  to  review 
any  of  the  matters  set  forth  in  such  statement  to  which 
any  of  the  persons  claiming  to  be  interested  therein  shall, 
on  or  before  the  day  so  appointed,  make  objection ; and 
the  said  Commissioners  for  Opening  Streets  shall  attend  at  commission- 

1 • • T 1 • T ers  to  attend, 

the  time  and  place  so  appointed,  and  consider  all  such  consider  ob- 

. . . . . jections  and 

representations  and  testimony,  verbal  or  in  writing,  in  make  correc- 
relation  to  any  matter  in  such  statement  which  shall  be 
offered  to  them  on  behalf  of  any  person  claiming  to  be 
interested  therein,  and  shall  make  all  such  corrections  and 
alterations  in  the  said  apportionment  and  statement  as 
shall  be  necessary  to  make  the  same  correct  and  just,  and 
they  may  adjourn  from  time  to  time,  if  necessary,  to  give 
all  persons  claiming  review  an  opportunity  to  be  heard  ; 
and,  after  closing  such  review,  they  shall  make  all  such 
corrections  as  shall  be  proper,  and  shall  make  a correct 
list  of  the  property  and  of  the  owners,  or  reputed  owners 
•thereof,  liable  to  pay  the  assessments  in  the  matter  afore- 
said, and  the  amount  for  which  each  piece  of  property,  or  corrected  list 
the  owner  thereof,  shall  be  liable,  and  shall  deliver  to  the  menfs^S'be 
City  Register  a duplicate  list  thereof  under  their  hands,  cfty'^R^gis^er 
together  with  such  explanatory  plat  or  plats,  if  any,  as  fi"ai^a.Sess- 
may  be  necessary  to  designate  the  property  upon  which  come^i?:!^^’ 


1116  streets  and  city  engineer — ORDINANCES.  [aRT.  35. 

said  assessments  are  levied,  which  assessments  shall  be 
liens  on  the  several  pieces  of  property  on  which  the  same 
shall  respectively  be  so  assessed ; and  the  said  commis- 
sioners shall  correct  any  mistakes  in  such  list  whenever 
they  may  be  satisfied  that  any  mistakes  have  been  made. 

Orel.  151,  June  15,  1906,  Sec.  7. 

Publication  68.  It  shall  be  the  duty  of  the  City  Register,  within 
deposit  with  five  days  after  the  said  proceedings  shall  have  been 
of  .said  list.  deposited  in  his  office,  to  notify  all  persons  interested,  by 
an  advertisement  to  be  inserted  once  a week  for  four  suc- 
cessive weeks,  in  two  daily  newspapers  published  in  the 
city  of  Baltimore,  that  the  said  list  of'  assessments  and  ex- 
planatory plat  or  plats,  if  any,  have  been  so  placed  in  his 
office  and  that  the  parties  affected  thereby  are  entitled  to 
appeal  therefrom  by  petition  in  writing  to  the  Baltimore 
City  Court. 


Ord.  151,  June  15,  1906,  Sec.  8. 

Written  or  69.  It  shall  be  the  duty  of  the  Commissioners  for 
Souce  of  as-  Opening  Streets  to  serve  written  or  printed  notices  on  each 
b?IS^ed®on°  every  person  or  persons  assessed  or  taxed  as  aforesaid, 
SroTe?ty^  for  the  grading,  paving  and  curbing  of  any  street,  lane  or 
assessed.  alley,  or  part  thereof,  so  far  as  the  same  may  be  known ; 

provided,  however,  that  the  service  of  such  notice  shall 
not  be  so  construed  as  to  be  one  of  the  prerequisites  to  the 
collection  of  any  such  assessment  of  tax. 


Orel.  151,  June  15,  1906,  Sec.  9. 

Persons  inter-  70.  Any  person  or  persons  who  may  be  dissatisfied  with 
StmS^for  any  assessment  or  assessments  in  which  he  or  they  shall 
Baltimore  be  in  any  manner  interested  may,  within  thirty  days  after 
and  may  ap-  the  return  of  the  above  mentioned  proceedings  to  the  City 
j^dgSent'^^  Register,  appeal  therefrom  by  petition  to  the  Baltimore 
of  Appe^i^L  City  Court,  praying  the  said  Court  to  review  the  same,  and 
thereupon  the  proceedings  shall  be  similar  to  those  in  the 
trials  of  street  appeals  and  the  same  right  shall  be  had  to 
appeal  to  the  Court  of  Appeals. 


ART.  35.]  GRADING,  PAVING,  ETC.,  IN  ANNEX — ORDINANCES. 


1117 


Ord.  151,  June  15,  1906,  Sec.  10. 

71.  If  no  appeal  shall  have  been  prayed  at  the  expira- 
tion of  the  time  allowed  for  appeals,  then  within  ten  days 
thereafter,  or  after  the  return  of  the  decisions  upon  such 
appeal  or  appeals  shall  have  been  made  to  the  City  Regis- 
ter, the  City  Register  shall  transfer  the  said  lists  received 
from  the  Commissioners  for  Opening  Streets  to  the  City 
Collector,  who,  after  the  benefit  assessments  aforesaid  shall 
have  become  due  and  payable,  -shall  proceed  in  all  respects 
as  he  does  in  cases  where  persons  or  property  are  assessed 
for  benefits  for  opening,  closing,  widening  or  straighten- 
ing any  street,  lane  or  alley ; and  unless  otherwise  provided 
in  the  aforesaid  statement,  the  benefit  assessments  shall 
be  due  and  payable  on  the  date  of  transfer  of  the  said 
statement  to  the  City  Collector  as  aforesaid. 


Ord.  151,  June  15,  1906,  Sec.  11. 

72.  Whenever  any  money  shall  have  been  collected  by 
the  City  Collector  aforesaid  for  benefits  assessed  upon  any 
property,  in  accordance  with  the  provisions  of  sections  62 
to  71  inclusive,  of  this  Article,  such  money  shall  be  paid 
over  by  the  said  City  Collector,  in  the  manner  required  by 
law,  to  be  placed  to  the  credit  of  the  fund  provided  for  by 
Chapter  274  of  the  Acts  of  1904  of  the  General  Assembly 
of  Maryland,  and  may  be  appropriated  by  the  aforesaid 
Commissioners  for  Opening  Streets  for  the  purposes  desig- 
nated in,  and  in  accordance  with,  the  provisions  of  the 
aforesaid  Act  of  Assembly,  and  the  ordinances  passed  or  to 
be  passed  in  pursuance  of  the  provisions  thereof.* 


*Notk. — In  relation  to  the  condemning,  laying  out,  opening,  etc.,  of 
streets  in  the  Annex,  Ordinance  No.  216,  approved  March  6,  1905, 
provides  as  follows : 

Sec.  6.  The  Commissioners  for  Opening  Streets  are  authorized,  em- 
powered and  directed,  to  perform  the  duties  and  functions  provided  in 
the  Act  of  1904,  ch.  274,  for  the  Annex  Improvement  Commission. 

Sec.  7.  In  condemning,  laying  out,  opening,  extending,  widening, 
straightening  or  closing  streets,  avenues,  lanes,  alleys,  or  parts  thereof, 
under  the  Act  1904,  ch.  274,  the  procedure  of  the  Commissioners  for 
Opening  Streets,  except  so  far  as  they  shall  be  authorized  by  the  terms 
of  said  Act  to  acquire  property,  rights  or  interests,  franchises,  privileges 


When  list  of 
assessments 
shall  be 
transferred 
to  City  Col- 
lector for  col- 
lection. 


Procedure  in 
collection  of 
assessments 
to  be  as  in 
the  case  of 
collecting 
benefits  for 
opening,  etc., 
streets;  when 
such  assess- 
ments shall 
become  due 
and  payable. 


Money  collect- 
ed on  account 
of  such  as- 
sessments to 
be  placed  to 
credit  of  fund 
provided  for 
by  Act  1904, 
ch.  274. 


Commissioners 
for  Opening 
Streets  to  per- 
form duties 
of  Annex  Im- 
provement 
Commission. 


1118 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [aRT.  35. 


Grading,  Paving  etc.,  by  owners  in  '' Annex* \ 

Res.  67,  July  2,  1897.  Res.  20,  June  11,  1900. 


Majority  of 
property 
owners  on 
streets  in 
“Annex” 
may  select 
paving  and 
pave  such 
streets  at 
their  own 
expense. 


City  to  pave 
cross  streets. 


Area  of  paving 


Paving  to  be 
uniform. 


73.  The  property  owners  of  all  that  part  of  Baltimore 
known  as  the  “ Annex  who  own  property  in  said  territory 
on  unimproved  or  partly  improved  streets,  shall  have  the 
right  to  grade,  pave,  or  curb,  gravel  or  macadamize  any 
of  such  unimproved  or  partly  improved  streets  in  said 
“Annex"’,  in  front  of  their  respective  property  and  the 
intersections  of  any  such  unimproved  or  partly  improved 
streets,  in  such  manner  as  a majority  of  the  owners  on 
both  sides  of  any  such  streets  who  shall  own  a majority  of 
the  front  feet  binding  on  such  street  or  streets  shall  agree 
upon,  between  the  limits  intended  to  be  improved,  and 
who  shall  sign  and  file  written  specifications  for  said  work 
with  the  City  Engineer  ; said  work  to  be  done  upon  grades 
established  or  to  be  established  as  provided  in  sections  41 
to  45  inclusive,  of  this  Article  ; all  of  such  work  (with  the 
exception  of  cross  streets)  to  be  done  at  the  expense  of 
the  parties  owning  the  property  binding  on  said  streets, 
and  who  sign  said  specifications  without  any  cost  to  the 
city  (except  for  the  cross  streets,  which  are  to  be  paid  by 
the  city).  Not  less  than  one  block  on  any  of  the  said 
■ unimproved  or  partly  improved  streets,  shall  be  improved 
under  this  resolution,  and  to  insure  uniformity  the  class  of 
paving  first  adopted  by  the  majority  of  property  owner  for 
said  block,  shall  not  be  changed  without  the  written  per- 
mission of  the  City  Engineer.  In  all  such  cases  the  parties 
so  improving  the  streets  in  front  of  their  property  under 


Condemnation  or  easements  through  the  voluntary  action  of  the  citizen,  shall  be  that 
fn°ela^^tf1;o  or  hereafter  prescribed  by  law  in  relation  to  their  ordinary  duties 
oT^Anrfe^^to  powers  of  the  same  nature,  and  in  grading,  paving  and  curbing 
be  as  in  other  streets,  avenues,  lanes,  alleys,  or  parts  thereof,  or  in  establishing  and 
fixing  the  building  lines  and  the  widths  of  the  sidewalks  on  streets, 
avenues,  lanes,  allej^s,  or  parts  thereof,  the  procedure  of  the  said  Com- 
missioners for  Opening  Streets  shall  be  that  now  or  hereafter  prescribed 
by  law  in  relation  to  the  respective  duties  and  powers  of  the  same  nature 
with  which  the  Cit\’  Engineer  and  other  officers  of  the  city  are  now 
respectively  clothed ; provided,  that  it  is  not  hereb}*  intended  that  the 
right  of  the  said  commissioners  to  condemn,  lay  out,  open,  extend, 
^Comnhss^mi  straighten  or  close  streets,  avenues,  lanes,  alleys,  or  parts  there- 

ers  not  to  de^  of,  shall  in  anywise  be  dependent  upon  the  passage  of  ordinances  of  the 
nances”  Mayor  and  City  Council  of  Baltimore  directing  the  same. 


ART.  35.] 


PAVING  ASSESSMENTS  OR  TAX — ORDINANCES. 


1119 


the  provisions  of  this  section,  shall  give  a good  and  suffi- 
cient bond  to  the  city,  to  be  approved  by  the  City  Engineer.  ^ ing  to  give 
indemnifying  the  city  against  any  of  the  costs  of  said  demnify  dty 
work  other  than  that  of  the  cross  streets. 

Paving  Assessments  or  Tax. 

City  Code,  (1879)  Art.  47,  Sec.  34.  City  Code,  (1893)  Art.  48,  Sec.  35. 

74.  After  the  contract  has  been  awarded,  as  provided 
in  section  56  of  this  Article,  the  City  Engineer  shall  impose 

a tax  upon  the  owner  or  owners  of  property  binding  upon  st?ett” 
such  street,  lane  or  alley,  or  part  thereof,  equal  in  amount  paving°ltc°! 
to  the  whole  expense  of  the  work,  and  for  collecting  the 
same,  being  three  per  centum  on  the  whole  cost,  except 
for  cross  streets  ; and  he  shall  assess  and  lay  a tax  upon 
the  owner  or  owners  of  property  on  each  side  of  said  street, 
lane  or  alley,  or  part  thereof,  of  one-half  of  so  much  of 
said  street,  lane  or  alley,  as  may  be  in  front  of  such  prop- 
erty, except  for  paving  the  portion  reserved  for  sidewalks, 
being  one-fifth  of  the  whole  width  on  each  side  thereof  ; 
and  the  said  tax  shall  be  a lien  upon  such  property. 

Henderson  z/.  Mayor,  etc.,  8 Md.  352.  Moale  v.  Baltimore,  61  Md. 

241.  Alberger  v.  Baltimore,  64  Md.  1.  Baltimore  v.  Raymo,  68  Md. 

569.  Baltimore  City  v.  Ulman,  72  Md.  590.  Baltimore  v.  Ulman  79 
Md.  469.  See  also,  Baltimore  City  v.  Stewart,  92  Md.  535,  and  Hagers- 
town V.  Startzman,  93  Md.  606. 

Ord.  37,  April  5,  1881.  City  Code,  (1893)  Art.  48,  Sec.  36. 

75.  After  the  contract  has  been  awarded  to  grade, 
gravel,  shell,  pave  or  curb,  any  street,  lane  or  alley,  or 

parts  thereof,  the  City  Engineer  shall  make  a correct  list  i^ist  of  persons 
of  the  names  of  the  persons  liable  to  pay  the  tax  for  the  I'^^Jefortax. 
same,  and  the  amount  to  be  paid  by  each  person  ; and  he 
shall  deliver  to  the  City  Collector  a duplicate  list  of  the 
names  of  such  persons,  and  the  amount  to  be  paid  by  each, 
under  his  hand  and  seal,  with  directions  for  collecting  the 
said  tax,  which  shall  be  due  in  sixty  days  after  the  com- 
pletion of  the  work  and  its  acceptance  by  the  City  Engineer; 
and  it  shall  be  the  duty  of  the  City  Engineer  upon  the 
expiration  of  sixty  days  after  the  completion  of  such  work,  when  con- 
and  its  acceptance  by  him,  to  issue  his  warrant  upon  the 


1120 


streets  and  city  engineer — ORDINANCES.  [arT.  35. 


Notice  to  such 
persons 
required  to 
pay  tax. 


Cobblestone 

pavements 

prohibited. 


Newly  opened 
streets  to  be 
paved  with 
improved 
pavements. 


City  Register  for  the  entire  amount  due  under  such  con- 
tract, in  favor  of  such  contractor,  which,  when  approved 
by  the  Mayor,  shall  be  paid  by  the  City  Register  upon  the 
certificate  of  the  Comptroller. 

Ulman  v.  Baltimore,  72  Md.  594. 


Ord.  37,  April  5,  1881.  City  Code,  (1893)  Art.  48,  Sec.  37. 

76.  The  City  Collector  is  directed  to  notify  the  persons 
named  in  the  list  of  the  City  Engineer  referred  to  in  the 
next  preceding  section  of  this  Article  of  the  fact  that  such 
work  has  been  completed  and  accepted,  and  of  the  date 
when  said  tax  or  assessment  therefor  will  become  due  ; and 
it  shall  be  the  duty  of  the  City  Collector,  upon  the  expira- 
tion of  sixty  days  after  such  completion  and  acceptance,  to 
collect  at  once,  as  other  city  taxes  are  collected,  all  assess- 
ments due  for  such  work,  charging  interest  at  six  per  cent, 
from  the  time  the  same  becomes  due. 

See,  Baltimore  v.  Ulman,  79  Md.  469.  Baltimore  City  v.  Stewart,  92 
Md.  535. 


Selection  of  Paving, 

Ord.  165,  February  24,  1899,  Sec.  1.* 

77.  No  contract  shall  be  made  by  the  city  for  paving  or 
repaving  any  street,  avenue,  lane  or  alley  within  • the 
limits  of  the  city  with  what  is  known-  as  a cobblestone 
pavement,  nor  shall  any  such  pavement  be  permitted  to  be 
laid  on  any  street,  avenue,  lane  or  alley  within  the  corpor- 
ate limits  of  the  city  by  any  individual  or  corporation. 

Ord.  165,  February  24,  1899,  Sec.  2. 

78.  When  any  newly-opened  street,  avenue,  lane  or 
alley  within  the  corporate  limits  of  the  city  is  to  be  paved, 
it  shall  be  the  duty  of  the  City  Engineer  to  notify  the 
owners  of  the  front  feet  of  the  land  binding  thereon  by 


*Note. — This  ordinance  was  construed  in  re  Mayor,  etc.,  v.  Flack 
et  al.,  decided  by  the  Court  of  Appeals  October  6,  19C6;  to  be  reported 
in  103  or  104  Md.  see,  Daily  Record,  October  24,  1896. 


ART.  35  ] SEI.ECTION  OF  PAVING — ORDINANCES.  1121 

advertisement  in  not  less  than  two  daily  newspapers  pub- 
lished in  the  city,  the  said  advertisement  to  be  inserted 
not  less  than  twice  in  each  of  said  newspapers  during*  ten 
days,  that  it  is  the  purpose  of  the  city  to  pave  said  street.  Notice  to  own^ 
avenue,  lane  or  alley,  and  that  the  City  Engineer  will 
select  for  said  paving  such  kind  of  improved  pavement  as 
may  be  decided  upon  by  the  owners  of  a majority  of  said 
front  feet ; and  if  the  owners  of  a majority  of  said  front 
feet  shall  fail  to  notify  the  City  Engineer  within  three 
days  from  the  insertion  of  the  last  advertisement  of  the 
kind  of  improved  pavement  which  they  desire  to  have  laid,  when  city  e»- 
then  the  City  Engineer,  with  the  approval  of  the  Mayor,  feieSYiSU' 
shall  select  the  kind  of  improved  pavement  with  which  the 
said  street,  avenue,  lane  or  alley  shall  be  paved. 

See,  Baltimore  v.  Scharf,  54  Md.  499,  and  Baltimore  v.  Stewart,  92 
Md.  550. 


Ord.  165,  February  24,  1899,  Sec.  3. 

79.  The  terms  “improved  pavement’ ' shall  include 

sheet  asphalt,  block  asphalt,  creosoted  wooden  blocks,  by 

vitrified  brick,  belgian  blocks,  or  such  other  improved  City  Engin- 
pavement  as  may  be  approved  by  the  Mayor  and  City 
Engineer. 

Ord.  165,  February  24,  1899,  Sec.  4. 

80.  In  all  cases  of  repaving  with  improved  pavement 

of  streets,  avenues,  lanes  or  alleys,  already  paved,  where  ^^ifoie^cost  of 
an  ordinance  providing  for  such  repaving  does  not  specify 
the  kind  of  improved  pavement  to  be  used  for  such  re-  » 

paving,  and  where  the  Mayor  and  City  Council  of  Balti-  select  paving 
more  is  required  to  pay  the  whole  cost  of  such  repaving, 
then  the  kind  of  improved  pavement  to  be  used  for  such 
repaving  shall  be  decided  upon  by  the  City  Engineer  with 
the  approval  of  the  Mayor. 

Paving  Work. 

Ord.  165,  February  24,  1899,  Sec.  5. 

81.  In  all  paving  or  repaving  of  streets,  avenues,  lanes  to  be  done  by 
or  alleys,  unless  it  shall  be  otherwise  provided  by  city  ordi-  S"awem- 
nance  directing  such  paving  or  repaving,  the  work  shall 


1122 


streets  and  city  engineer — ordinancp:s.  [art.  35. 


The  six  next 
preceding 
sections  not 
to  affect  pav- 
ing already- 
made. 


Macadamizing 
permitted  in 
‘Annex”. 


Flag  and  step- 
ping stones. 


Repairing  priv- 
ate wharves, 
streets  and 
alleys. 


be  done  by  contract  or  else  by  labor  employed  by  the  city 
and  paid  by  the  city,  as  in  the  judgment  of  the  Mayor  and 
City  Engineer  may  be  best  for  the  interests  of  the  city. 

Macadam  Paving  in  ‘ 'Annex,  ^ ^ 

Ord.  165,  February  24,  1899,  Sec.  6. 

82.  Nothing  in  the  five  next  preceding  sections  of  this 
Article  shall  affect  the  paving  of  any  street,  avenue,  lane 
or  alley  for  which  contracts  for  paving  have  already  been 
made  by  the  Mayor  and  City  Council  of  Baltimore  ; and 
nothing  contained  in  said  sections  of  this  Article  is  in- 
tended to  prevent  the  macadamizing  of  streets,  avenues, 
lanes  or  alleys  in  the  section  commonly  known  as  the 
“Annex,’'  being  the  territory  comprised  in  the  old 
Twenty-first  and  Twenty-second  wards,  when  such  mac- 
adamizing is  desired  by  the  owners  of  a majority  of  front 
feet  binding  on  said  streets,  avenues,  lanes  or  alleys,  sub- 
ject to  the  approval  of  the  Mayor  and  City  Engineer. 

Stepping  Stones. 

City  Code,  (1879)  Art.  47,  Sec.  81.  City  Code,  (1893)  Art.  48,  Sec.  83. 

83.  The  City  Engineer  is  authorized  to  place  flag  and 
stepping  stones  whenever  and  wherever  the  convenience 
and  necessity  of  the  public  may  require  the  same,  upon 
proper  application  being  made  to  him,  and  whenever 
appropriation  therefor  is  made  by  the  annual  ordinance  of 
estimates. 


Wharves^  Docks,  Etc. 

City  Code,  (1879)  Art.  47,  Sec.  82.  City  Code,  (1893)  Art.  48,  Sec.  84. 

84.  The  City  Engineer  is  hereby  authorized,  upon  the 
application  of  the  owners  of  a majority  of  the  front  feet 
binding  on  any  private  wharf,  dock,  street,  lane  or  alley, 
to  cause  the  same  to  be  thoroughly  repaired  and  cleaned, 
and  to  assess  and  collect  from  the  owners  of  the  property 
a tax  sufficient  to  defray  the  expense  of  the  same  in  the 
manner  prescribed  by  law. 

Baltimore  v.  Ulman,  79  Md.  469. 


ART.  35.] 


NUISANCES — ORDINANCES . 


1123 


NUISANCES. 

City  Code,  (1879)  Art.  23,  Sec.  53.  Ord.  105,  October  9,  1888.  City 

Code,  (1893)  Art.  23,  Sec.  74.  Ord.  2,  December  1,  1893.  Ord.  13, 

October  23,  1905,  Sec.  1. 

85.  Whenever  any  nuisance  dangerous  to  the  health  of  Commissioner 
the  inhabitants  of  Baltimore  city  shall  exist  in  any  private  direct  City 
street,  lane  or  alley  of  the  city  of  Baltimore,  and  it  shall  be  pave  or  re- 
considered  necessary  in  the  opinion  of  the  Commissioner  in  state  of 
of  Health,  in  order  to  remove  the  same,  to  have  such 

street,  lane  or  alley  paved  or  repaved,  the  said  Commis- 
sioner of  Health  shall  issue  a certificate  to  that  effect  to 
the  City  Engineer  who  shall  thereupon  proceed  to  pave  or 
repave  the  same;  and  the  amount  expended  in  paving  or 
repaving  the  same,  and  the  expenses  of  collection  shall  be 
recovered  from  the  owner  or  owners  of  the  property  front- 
ing thereon  in  proportion  to  the  amount  expended  in  front 
of  said  property,  by  suit  against  the  owner  or  otherwise, 
as  provided  by  the  three  next  succeeding  sections  of  this 
Article. 

Ord.  13,  October  23,  1905,  Sec.  2. 

86.  Before  the  City  Engineer  shall  proceed  to  pave  or 
repair  the  same,  he  shall  give  ten  days'  notice  in  two  of 
the  daily  newspapers  published  in  the  city  of  Baltimore, 
that  on  the  day  and  at  the  time  and  place  mentioned  he 
will  ascertain  and  determine  the  amount  to  be  assessed 
upon  all  property  binding  on  any  street,  lane  or  alley  to 
be  paved  or  re-paved  as  provided  for  in  the  next  preceding 
section,  and  will  also  give  all  persons  interested  an  oppor- 

tunity  to  show  cause,  if  any,  why  the  said  street,  lane  or  anTtoTear 
alley  should  not- be  paved  or  repaved;  and  on  the  day  and  JlteTi^saSr 
at  the  place  mentioned,  after  hearing  all  persons  interested 
who  may  desire  to  be  heard,  he  shall  proceed  to  apportion 
among  the  different  pieces  of  property  binding  on  the  said 
street,  lane  or  alley,  the  total  cost  of  the  paving  or  repaving 
of  the  street,  lane  or  alley,  or  portion  thereof  ; and  he  may 
adjourn  from  time  to  time,  if  necessary,  to  give  all  parties 
an  opportunity  to  be  heard,  and,  after  hearing  the  different 
parties  interested,  he  shall  make  out  a list  of  the  property 


1124 


streets  and  city  engineer — ORDINANCES.  [arT.  35. 


Conduct  of  and  of  the  owners  or  reputed  owners  thereof  liable  to  pay 
and  mariner  the  cost  of  Said  paving  or  repaving  and  the  amount  to  be 
in^gsin  reia-  paid  by  each  piece  of  property;  and  thereupon  all  the  pro- 
paving  and  ceedings  for  or  in  connection  with  the  paving  or  repaving 
re  paving.  Street,  lane  or  alley  and  for  and  in  connection 

with  the  assessment,  payment  and  collection  of  the  cost 
thereof,  shall  be  those  set  forth  in  sections  94,  95,  96,  97, 
98,  99  and  100  of  this  Article. 


Ord.  13,  October  23,  1905,  Sec.  3. 

87.  Whenever  any  court  of  competent  jurisdiction  shall 
declare  that  no  nuisance  existed  or  that  the  paving  or 

^'^aTe^^thJcourt  repaving  of  the  said  street,  lane  or  alley  was  not  necessary 
n?iu?sa!l?e  to  the  removal  or  abatement  of  a nuisance,  or  that  such 
existed.  nuisance  was  caused  by  an  act  or  ordinance  of  said  city,  or 
its  officers  in  the  execution  of  their  duties,  it  shall  be  the 
duty  of  the  Comptroller  immediately  thereafter  to  draw 
his  warrant  on  the  City  Register  in  favor  of  any  and  all 

Refunding  porsons,  or  their  legal  representatives,  who  may  have  paid 
i^such^casel  into  the  city  treasury  any  sum  or  sums  of  money  on  account 
of  any  paving  or  re-paving  made  under  supposed  authority 
of  sections  85,  86  and  88  of  this  Article,  the  repayment  of 
said  sum  or  sums  shall  be  provided  for  by  the  Board  of 
Estimates.  The  Comptroller  shall  likewise  draw  his  war- 
rant on  the  City  Register  for  the  payment  of  all  expenses 
which  may  have  been  incurred  by  virtue  of  any  such 
paving. 

Ord.  13,  October  23,  1905,  Sec.  4. 

88.  Whenever  the  owners  or  any  of  the  owners  of 
property  fronting  on  any  of  the  streets,  lanes  or  alleys  to 
be  paved  or  repaved  under  the  provisions  of  sections  85, 
86  and  87  of  this  Article,  are  non-residents  of  the  city  of 
Baltimore,  the  City  Engineer  before  proceeding  to  pave  or 
repave  the  same,  shall  give  public  notice  by  advertisement 

Notice  by  pub-  published  at  least  three  times  a week  for  three  successive 
w^ere  owner  weeks  iu  two  uewspapers  of  the  city  of  Baltimore,  describ- 
non-resi-  property  chargeable,  the  amount  of  expenses  with 

which  it  is  chargeable,  and,  if  known,  the  name  of  the 
owner  thereof. 


ART.  35.]  PAVING  ORDINANCES— ORDINANCES. 


1125 


PAVING  ORDINANCES. 

Legal  Form. 

Ord.  37,  April  17,  1885.  City  Code,  (1893)  Art.  48,  Sec.  34. 

89.  Before  the  City  Engineer  shall  proceed  to  execute 
any  ordinance  which  may  be  hereafter  passed,  for  the  °?t?sSidi 
grading,  paving  or  curbing  or  the  repaving,  regrading, 
or  recurbing  of  any  street,  or  alley,  or  the  construction  of  valid, 
any  sewer,  he  shall  procure  and  file  in  his  office  the  written 
opinion  of  the  City  Solicitor,  certifying  that  all  proper  and 
necessary  proceedings  have  been  taken  to  authorize  the 
Mayor  and  City  Council  of  Baltimore  to  pass  said  ordinance, 
and  that  said  ordinance  is  legally  sufficient  for  the  purpose 
for  which  it  has  been  passed;  and  it  shall  be  the  duty  of 
the  City  Solicitor  to  furnish  the  City  Engineer  an  opinion, 
in  writing,  of  the  purport  above  mentioned. 

Kelly  V.  Mayor,  65  Md.  171. 


Hearing  Before  Council. 


City  Code,  (1893)  Art.  48,  Sec.  61A.  Ord.  33,  March  14,  1893. 

Ord.  50,  March  24,  1893. 

90.  Before  any  ordinance  for  the  grading,  shelling, 
graveling,  paving  and  curbing,  or  for  regrading,  re- 
shelling, regraveling,  repaving  and  recurbing  of  any 
street,  lane  and  alley,  or  part  thereof,  by  the  terms  of  which 
the  whole  or  any  portion  of  the  cost  of  the  work  is  to  be 
assessed  upon  the  property  binding  on  such  street,  lane  or 
alley,  or  part  thereof,  shall  be  passed  by  either  branch  of 
the  City  Council,  it  shall  be  referred  to  the  Joint  Standing 
Committee  on  Highways;  before  recommending  the  passage 
of  any  such  ordinance,  the  said  Joint  Standing  Committee 
on  Highways  shall  require  the  chief  clerk  of  the  branch  of 
the  City  Council  in  which  the  said  ordinance  was  introduced, 
to  give  ten  full  days'  notice,  excluding  both  the  day  of 
publication  and  the  day  of  the  session  of  the  committee, 
in  at  least  two  of  the  daily  papers  of  the  city  of  Baltimore, 
of  the  introduction  of  said  ordinance,  and  that  any  and  all 
persons  interested  therein  will  be  heard  upon  any  matter 


Preliminaries 
to  passage 
of  any  ordi- 
nance for 
grading  or 
regrading, 
shelling  or 
reshelling, 
graveling  or 
regraveling, 
paving  or 
repaving,  • 
curbing  or 
recurbing, 
any  streets 
lanes  or 
alleys. 


1126 


streets  and  city  engineer — ORDINANCES.  [arT.  35. 


relating  thereto,  by  the  said  Joint  Standing  Committee  on 
Highways  at  the  time  and  place  to  be  designated  in  such 
notice. 

Baltimore  City  v.  Stewart,  92  Md.  545.  The  notice  prescribed  in  sec- 
tion 90  must  be  given  or  a court  of  equity  will  intervene, — Bond  v. 
Malster,  Daily  Record,  July  6,  1899, 


Bids  and  Contracts. 

Ord.  33,  March  14,  1893.  City  Code,  (1893)  Art.  48,  Sec.  61B. 

91.  As  soon  after  the  passage  of  any  such  ordinance  as 
practicable,  it  shall  be  the  duty  of  the  City  Engineer  to  give 
Advertisement  notico  in  conformity  with  the  requirements  of  section  14 
for  proposals  Charter,  that  proposals  will  be  received  for 

doing  the  entire  work,  or,  if  the  labor  is  to  be  done  by  the 
Award  of  materials;  all  bids  to  be  opened  and 

contract.  awards  made  in  accordance  with  the  requirements  of  section 
15  of  the  City  Charter;  in  case  the  labor  is  to  be  done  by  the 
day,  then  the  City  Engineer  shall  make  a careful  estimate 
?nd°mlten^is  of  the  cost  of  such  work,  including  the  contract  price  of 

to  be  esti-  , i j • i 

mated.  the  materials. 

Baltimore  City  v.  Stew’art,  92  Md.  535. 


Paving  Assessments. 

City  Code,  (1893)  Art.  48,  Sec.  61C.  Ord.  33,  March  14,  1893,  (Sec.  61c;. 

92.  After  the  contract  for  the  whole  work  has  been 
awarded  or  the  cost  of  the  whole  work  ascertained,  as 
provided  in  the  next  preceding  section  of  this  Article,  the 
City  Engineer  shall  apportion  the  whole  or  such  portion  of 
Apportion-  the  cost  of  the  work  as  the  ordinance  shall  require  to  be 
mentof  cost,  by  the  property  owners  (not  including,  however,  any 
portion  of  the  cost  of  the  cross  streets)  together  with  three 
per  centum  thereon  for  costs  and  expenses,  upon  the  prop- 
erty binding  on  each  side  of  said  street,  lane  or  alley,  or 
part  thereof,  in  proportion  to  the  frontage  of  such  property 
thereon. 


Baltimore  City  v.  Stewart,  92  Md.  535. 


1127 


ART.  35.]  PAVING  ASSESSMENTS— ORDINANCES. 

City  Code,  (1893)  Art.  48,  Sec.  61D.  Ord.  33,  March  14,  1893.  (Sec.  61d). 

93.  After  the  City  Engineer  shall  have  completed  his 
apportionment  of  the  expenses  to  be  assessed  upon  the  portionment. 
property  binding  on  said  street,  lane  or  alley  or  part  there- 
of, he  shall  give  notice  by  advertisement  inserted  twice  a 
week  for  two  successive  weeks,  in  two  of  the  daily  news- 
papers published  in  the  city  of  Baltimore,  that  such  appor- 
tionment has  been  made  and  that  the  statement  thereof  is 
on  file  in  his  office,  for  the  inspection  of  all  persons 
interested  therein;  and  that  he  will  attend  at  his  said  office, 
on  a day  in  such  notice  to  be  named,  which  shall  not  be  less 
than  ten  nor  more  than  twenty  days  after  the  first  pub- 
lication of  such  notice,  to  review  any  of  the  matters  set 
forth  in  said  statement  to  which  any  person  claiming  to  be 
interested  therein,  shall,  on  or  before  the  day  so  appointed, 
make  objections;  and  the  City  Engineer  shall  attend  at  the 
time  and  place  so  appointed,  and  consider  all  such  represen-  Review  and  cor- 
tations  and  testimony,  verbal  or  in  writing,  in  relation  to  po^rtfonment 
any  matter  in  said  statement  which  shall  be  offered  to  him, 
on  behalf  of  any  person  claiming  to  be  interested  therein, 
and  shall  make  such  correction  and  alteration  in  said 
apportionment  and  statement  as  shall  be  necessary  to  make 
the  same  correct;  and  he  may  adjourn,  from  time  to  time, 
if  necessary,  to  give  all  parties  claiming  review  an  opportun- 
ity to  be  heard;  and  after  closing  such  review,  he  shall 
make  such  corrections  as  shall  be  proper,  and  shall  make 
a correct  list  of  the  property  and  of  the  owners  or  reputed 
owners  thereof,  liable  to  pay  the  tax  or  assessment,  and 
the  amount  to  be  paid  by  each  piece  of  property,  and  shall 
deliver  to  the  City  Register  a duplicate  list  thereof,  under  lyist  of  assess- 
. his  hand,  together  with  such  explanatory  plat  or  plats,  if  delivered  to 
any,  as  may  be  necessary  to  designate  the  property  upon 
which  said  tax  or  assessment  is  levied,  which  taxes  shall  be 
liens  on  the  several  pieces  of  property  upon  which  the 
same  shall  respectively  be  so  assessed;  and  the  City  Engi- 
neer shall  correct  any  mistake  in  such  list,  whenever  he 
may  be  satisfied  that  any  mistake  has  been  made. 


1128 


SO'REETS  AND  CITY  ENGINEER — ORDINANCES.  [arT.  35. 


City  Code,  (1893)  Art.  48,  Sec.  61E.  Ord.  33,  March  14, 1893.  (Sec.  61e). 

94.  It  shall  be  the  duty  of  the  City  Register,  within  five 
days  after  the  said  proceedings  shall  have  been  deposited 
in  his  office,  to  notify  all  persons  interested,  by  an  advertise- 
uient  to  be  inserted  once  a week  for  four  successive  weeks, 
in  two  daily  newspapers  of  the  city,  that  the  said  assess- 
ment and  explanatory  plat  or  plats  have  been  so  placed  in 
his  office,  and  that  the  parties  affected  thereby  are  entitled 
to  appeal  therefrom  by  petition  in  writing  to  the  Baltimore 
City  Court. 

Baltimore  City  v.  Stewart,  92  Md.  544. 

City  Code,  (1893)  Art.  48,  Sec.  61F.  Ord.  33,  March  14,  1893.  (Sec.  61f). 

95.  It  shall  be  the  duty  of  the  City  Engineer  to  serve 
written  or  printed  notices  on  each  and  every  party  or 
parties  assessed  or  taxed  for  the  said  grading,  shelling, 

services^of^  graveling,  paving,  and  curbing,  or  for  regrading,  re- 
£se?of'  shelling,  regraveling,  repaving  or  recurbing  of  any 
taxed.  street,  lane  or  alley;  provided,  however,  that  the  service 
of  such  notice  shall  not  be  so  construed  as  to  be  one  of  the 
prerequisites  to  the  collection  of  any  assessment  under  any 
ordinance  heretofore  passed  or  hereafter  to  be  passed  by 
the  Mayor  and  City  Council  of  Baltimore. 

Appeals  from  Paving  Assessments, 

City  Code,  (1893)  Art.  48,  Sec.  61G.  Ord.  33,  March  14,  1893.  (Sec.  61g). 

96.  Any  person  or  persons  who  may  be  dissatisfied  with 
any  assessment  in  which  he  or  they  are  in  any  manner  inter- 
ested,  may,  within  thirty  days  after  the  return  by  the  City 

Court.  Engineer  to  the  City  Register,  of  the  above  mentioned 
duplicate  lists  of  the  property  and  owners  or  reputed  owners 
thereof,  liable  to  said  tax  or  assessment,  appeal  there- 
from by  petition  to  the  Baltimore  City  Court,  praying  said 
court  to  review  the  same;  and  thereupon  the  proceedings 
Further  appeal  shall  be  similar  to  those  in  the  case  of  the  trial  of  street 
^pCourtof  appeals;  and  the  further  right  shall  be  had  to  appeal  to  the 
Court  of  Appeals. 

Baltimore  City  v.  Stewart,  92  Md.  535. 


ART.  35.] 


VOID  ORDINANCES — ORDINANCES. 


1129 


Void  Ordinances."^ 

City  Code,  (1893)  Art.  48,  Sec.  61H.  Ord.  33,  March  14,  1893. (Sec.  61h). 

97.  Whenever  any  ordinance  passed  by  the  Mayor  and 
City  Council  of  Baltimore,  providing  for  the  grading, 
shelling,  graveling,  paving,  curbing,  regrading,  reshel- ^ wh?re  S 
ling,  regraveling,  repaving  or  recurbing  of  any  street,  areTe^asIL 
lane  or  alley  in  said  city,  shall,  before  any  of  the  work  has 
been  done  under  the  same,  be  set  aside  and  declared  null 
and  void  by  any  court  of  competent  jurisdiction,  to  wit: 
the  Baltimore  City  Court  or  the  Court  of  Appeals,  in  the 
event  of  an  appeal  to  that  tribunal,  or  the  same  shall  be 
repealed  by  the  Mayor  and  City  Council  of  Baltimore,  it 
shall  be  the  duty  of  the  Comptroller  immediately  thereafter 
to  draw  his  warrant  on  the  City  Register  in  favor  of  any 
and  all  such  persons  or  their  legal  representatives,  who 
may  have  paid  into  the  city  treasury  any  sum  or  sums  of 
money  on  account  thereof,  which  shall  be  forthwith  paid  Refund  to 
out  of  any  sums  in  the  treasury  not  otherwise  appropriated.  cos”l?a?d1)y 
The  Comptroller  shall  likewise  draw  his  warrant  on  the 
City  Register  for  the  payment  of  all  expenses  which  may 
have  been  incurred  by  virtue  of  any  such  ordinance  in 
carrying  out  the  provisions  thereof,  for  which  the  city 
may  be  liable  under  existing  circumstances. 


City  Code,  (1893)  Art.  48,  Sec.  61 1.  Ord.  33,  March  14,  1893.  (Sec.  61  i). 

98.  If  no  appeal  shall  have  been  prayed,  then,  within 
ten  days  after  the  time  hereinbefore  limited  therefor  or 
after  the  return  of  the  decision  upon  any  such  appeal  or  proceedings 
appeals  shall  have  been  made  to  the  City  Register,  the  peaUstTken’ 
City  Register  shall  transfer  the  said  lists  received  from  p^ais are^‘ 
the  City  Engineer  to  the  City  Collector,  who  shall  there-  decided, 
upon  proceed  in  all  respects  as  he  does  in  cases  where 
persons  or  property  are  assessed  for  benefits  for  opening, 
closing,  widening  or  straightening  any  street,  lane  or  alley. 


‘Note. — Sse  note  to  section  218  of  the  City  Charter,  ante^  page  217. 


1130 


STREETS  AND  CITY  ENGINEER — ORDINANCES.  [arT.  35. 


Excess  of  Expenses. 

City  Code,  (1893)  Art.  48,  Sec.  61J.  Ord.  33,  March  14,  1893. (Sec.  61j). 

99.  If  the  total  amount  of  assessments  after  the  revision 
of  the  same  by  the  appeals  in  the  next  preceding  section 
City  Register  authorized  and  provided  for,  shall  not  be  sufficient  to 
of  expertises  defray  the  expense  of  grading,  shelling,  graveling,  pav- 
ments.  ing,  curbing,  regrading,  reshelling,  regraveling,  repav- 
ing or  recurbing,  the  balance  of  said  expense  shall  be  paid 
by  the  City  Register  on  the  warrant  of  the  Comptroller, 
out  of  such  appropriations  as  may  exist  for  the  purpose. 


' City  Code,  (1893)  Art.  48,  Sec.  61K.  Old.  33,  March  14,  1893. (Sec.  61k). 

Notice  to  con-  100.  As  soon  as  the  whole  of  said  assessments  shall 
ceed  with  his  have  been  collected,  or  earlier,  if  directed  by  the  Mayor, 
the  City  Engineer  shall  notify  the  contractor  to  proceed 
with  the  work,  or  if  the  same  is- to  be  done  by  day  labor, 
he  shall  cause  the  work  to  be  executed;  and  if,  upon  the 
final  completion  thereof,  and  the  exact  ascertainment  of 
the  cost,  it  shall  be  found  that  the  assessments  were 
Refund  where  greater  than  necessary,  the  surplus  shall  be  refunded  pro 
are  exces-  rata  to  the  parties  who  paid  the  same,  by  the  warrant  of 
the  Comptroller  upon  the  certificate  of  the  City  Engineer. 

Bermuda  Asphalt. 

Ord.  32,  April  16,  1895. 

101.  In  all  streets  required  by  ordinances  heretofore 
passed,  “to  be  paved  with  sheet  Trinidad  Lake  asphalt  to 
be  of  the  best  quality  of  refined  Trinidad  asphalt  obtained 
from  the  so-called  pitch  or  asphalt  lake  of  the  island  of 
Trinidad, the  Mayor  and  City  Engineer  are  hereby  author- 
Authorizing  ized  and  directed  to  permit  the  use  of  what  is  known  as 
phau'inttel’d  Bermuda  asphalt  or  any  other  asphalt  which  has  been  found 
idadi.ake  by  experience  equally  good  for  paving  purposes,  and  m 
whe^njatter  advertising  for  proposals  for  such  repaving  shall  include 
ly  the  said  Bermuda  asphalt,  or  any  other  asphalt  which  has 

phaitisspeci-^^^^  found  by  experience  equally  good  for  paving  purposes 
among  the  kinds  of  asphalt  for  which  proposals  will  be 
accepted. 


ART.  35.]  PERMITS  FOR  DIGGING  UP  STREETS — ORDINANCES. 


1131 


NAMES  OF  STREETS. 

Ord.  88,  March  5,  1906,  Sec.  1. 

102.  The  Commissioners  for  Opening  Streets  are  author- 
ized  and  directed  to  revise  or  change  the  names  of  such  streets  may 

. change  or  re- 

public streets,  avenues  and  highways  of  the  city  of  vise  same. 

Baltimore  as  may  appear  to  be  necessary  and  beneficial  to 
the  interests  of  the  city. 


Ord.  88,  March  5,  1906,  Sec.  2. 

103.  Such  revision  or  change  as  provided  in  the  next  To  be  approved 
preceding  section  of  this  Article,  shall  become  effective  citj^coundb 
only  upon  and  after  the  approval  of  the  Mayor  and  City 
Council  of  Baltimore. 


PERMITS  FOR  DIGGING  UP  STREETS. 

Unsaved  Streets, 

City  Code,  (1879)  Art.  47.  Sec.  94.  City  Code,  (1893)  Art.  48,  Sec.  106. 

104.  No  carter  or  other  person  shall  dig,  remove  or  earth  to  be 
carry  away  from  or  out  of  any  of  the  unpaved  streets,  fromTame 
lanes  or  alleys  of  the  city,  any  dirt,  earth,  sand  or  gravel,  license  uom 
without  a special  license  first  had  and  obtained  from  the 
City  Engineer  with  the  approbation  of  the  Mayor,  for  that 
purpose,  specifying  the  time  when,  and  place  from  which 
the  same  is  to  be  removed,  under  the  penalty  of  one  dollar  penalty, 
for  every  load  of  dirt,  earth,  sand  or  gravel  so  removed. 


Paved  Streets. 

Ord.  80,  June  28,  1883.  Ord.  2,  November  25,  1892.  City  Code,  (1893) 

Art.  48,  Secs.  107,  157E. 

105.  No  person  or  persons,  corporation  or  corporations,  streets  not  to 
shall  under  any  pretext  or  any  cause  whatever,  dig  up,  tear  poieXc^.’ 
up,  or  uncover  any  of  the  streets,  lanes  or  alleys  of  the  pi'anTed  with- 
city,  or  any  part  thereof,  or  remove  therefrom  any  of  the  sfon7ro"m^’ 
stones,  bricks,  blocks,  cement  or  other  material  with  which  Engineer, 
the  same  may  be  paved  in  whole  or  in  part;  or  plant,  erect 


1132 


streets  and  city  engineer — ORDINANCES.  [arT.  35. 


or  set  up,  on  any  portion  of  the  bed  of  such  streets,  alleys 
or  lanes,  or  any  portion  of  the  sidewalks  thereof,  any  tele- 
graph, telephone,  electric  light  or  other  pole  or  poles  of 
any  description  whatsoever,  without  first  having  obtained 
a written  permit  therefor  from  the  City  Engineer,  approved 
by  the  Mayor. 

state  rd’/.  v.  Eatrobe  et  al.,  81  Md.  222.  Edison  Co.  v.  Hooper, 
85  Md.  111.  C.  & P.  Tel.  Co.  v.  Baltimore  City,  89  Md.  706.  C.  & P. 
Tel.  Co.  V.  Baltimore,  90  Md.  643. 


Ord.  80,  June  28,  1883.  Ord.  2,  November  25,  1892.  City  Code,  (1893) 
Art.  48,  Secs.  108,  157F. 

Regulations  as  106.  No  such  permit  as  is  provided  for  in  the  next 
such  permit.  preceding  section,  shall  be  issued  or  granted  at  any  time 
unless  the  applicant  or  applicants  seeking  the  same  shall 
apply  therefor  in  writing,  and  shall  in  such  application 
consent  and  agree  that  the  regrading  and  repaving  of 
such  portion  of  any  street,  lane  or  alley  as  may  be  torn  up 
or  otherwise  disturbed  under  such  permits,  and  any  and 
^gradSto^eall  such  Other  work  as  may  in  the  judgment  of  the  City 
Sgineer?'^^  Engineer  be  rendered  necessary  to  restore  the  said  street, 
lane  or  alley  to  a proper  condition,  shall  be  done  by  the 
City  Engineer  at  the  expense  of  said’ applicant;  and  if  said 
application  is  for  a permit  to  erect  one  or  more  telegraph, 
telephone,  electric  light  or  other  poles  of  any  description 
whatsoever,  the  person  or  persons,  corporation  or  corpora- 
tions, applying  for  the  same,  shall  in  said  application 
further  consent  and  agree  that  such  telegraph,  telephone, 
electric  light  or  other  pole  or  poles  shall  be  placed  in  such 
desfSe  position  or  positions  as  the  City  Engineer  may  designate, 
and  that  the  location  of  such  telegraph,  telephone,  electric 
change  Lme.  light  or  Other  pole  or  poles,  shall  be  changed  at  any  future 
time  to  such  other  position  or  positions  as  the  Mayor  for 
the  time  being  shall  designate,  and  that  if  the  Mayor  and 
City  Engineer  for  the  time  being,  shall  at  any  future  time 
order  said  telegraph,  telephone,  electric  light  or  other  pole 
^^moved  whSi'  or  poles,  or  any  of  them,  to  be  taken  down,  that  the  same 
M^S^and  shall  be  removed  within  three  days,  and  that  the  cost  of 
gineS"'  any  change  in  location  or  of  taking  down  and  removing 


ART.  35.]  GAS  AND  WATER  CONNECTIONS — ORDINANCES. 


113a 


said  telegraph,  telephone,  electric  light  or  other  pole  or 
poles,  including  the  cost  of  any  repairing  of  the  bed  of  the 
street  thereby  rendered  necessary,  shall  be  borne  by  the 
applicant  or  applicants  for  the  said  permits. 

Edison  Co.  v.  Hooper,  85  Md.  111. 

Ord.  80,  June  28,  1883.  Ord.  2,  November  25,  1892.  City  Code,  (1893) 

Art.  48,  Secs.  109,  157G. 

107.  If  any  person  or  persons,  corporation  or  corpora- penalty  for  vio- 
tions,  shall  violate  any  of  the  provisions  of  the  two  next  pl-eceding*'^^' 
preceding  sections,  either  directly  or  through  any  employe, 
servant  or  agent,  he,  it  or  they  shall  be  subject  to  a fine  of 
not  less  than  twenty  nor  more  than  fifty  dollars  for  each 
day  the  same  shall  continue. 

Edison  Co.  v.  Hooper,  85  Md.  111. 


Trenches,  Drains,  etc. 

City  Code,  (1879)  Art.  47,  Sec.  95.  City  Code,  (1893)  Art.  48,  Sec.  110. 

108.  No  person  or  persons,  shall  make,  dig  or  throw 
up  any  drain,  trench,  gulley,  gutter  or  canal,  in,  through, 
along  or  across  any  of  the  streets,  lanes  or  alleys  of  the 
city,  without  a special  license  or  permission  in  writing  for 
that  purpose  first  had  and  obtained  from  the  City  Engineer 
specifying  the  place  where  the  same  is  to  be  done,  and 
such  conditions  as  he  may  think  necessary,  under  a penalty 
of  ten  dollars,  if  the  same  shall  not  be  done  in  strict  ac- 
cordance with  said  permission,  and  the  street,  lane  or  alley 
kept  in  good  repair  as  therein  required,  and  the  like  sum  ^comSy?ng 
weekly  until  the  same  be  removed,  or  permission  received 
and  complied  with  as  above  required. 


Gas  and  Water  Connections. 


Ord.  117,  November  15,  1898. 

109.  No  permit  shall  be  granted  by  the  City  Engineer 
to  any  person  or  persons,  corporation  or  corporations,  to 
dig  up,  tear  up,  or  uncover  any  of  the  streets  or  avenues  of 


Regulating 
connection  of 
public  and 
private 
houses  with 
gas,  water 
mains,  etc. 


1134 


STRKKTS  and  city  engineer — ORDINANCES.  [aRT.  35. 


Baltimore  city,  or  any  portion  thereof,  for  the  purpose  of 
making  connections  between  the  public  or  private  houses, 
factory,  store  or  other  buildings  abutting  on  said  streets  or 
avenues,  and  the  gas  or  water  mains  or  sewers  buried  in 
the  beds  of  said  streets  or  avenues,  when  in  his  judgment 
said  connections  can  be  made  by  excavation  in  the  alley  or 
lane  in  the  rear  of  or  adjoining  such  public  or  private  house, 
store  or  other  buildings. 

Ord.  117,  November  15,  1898. 

Mains  and  HO.  All  Water  mains,  gas  mains  and  sewers  shall  be 
con^t?ucted^  laid,  built  or  constructed  in  the  beds  of  the  alleys  of 
where  ^rac-  Baltimore  city,  except  where,  in  the  judgment  of  the  City 
ticabie.  Engineer  it  is  impracticable. 

REGULATING  OPENING  AND  USE  OF  STREETS. 

Repairs. 

City  Code,  (1879)  Art.  47,  Sec.  83.  City  Code,  (1893)  Art.  48,  Sec.  86. 

111.  The  City  Engineer  when  engaged  in  repairing 
streets,  lanes  and  alleys,  shall  repair  the  same  over  the 

Trenches  made  trenches  made  by  the  several  gas  companies,  and  collect 
the  cost  of  the  work  from  the  companies  over  whose  pipes 
the  repairs  shall  have  been  made. 

Safety  Regulations. 

Ord.  106,  November  18,  1878.  City  Code,  (1893)  Art.  48,  Sec.  87. 

112.  The  several  gas  companies,  railroad  companies, 
as  well  as  other  corporations  and  individuals,  (including 
all  officers  and  employes  of  the  city)  who  may  now  have. 

Digging  up.  or  who  may  hereafter  receive  permission  to  dig  up  or 
&c.,  streets,  q£  stroots,  laues  or  alleys  of  the  city,  for 

the  purpose  of  laying  or  re-laying  railroad  tracks,  or  repair- 
ing the  same,  or  constructing  wells,  ditches,  drains,  sewers, 
tunnels,  laying  pipes  of  any  kind,  or  repairing  the  same, 
shall  be,  and  they  are  hereby,  required  to  take  the  proper 
measures  to  insure  the  safety  of  passing  vehicles  and 


ART.  35.]  RESTORING  STREET  SURFACES — ORDINANCES. 


1135 


pedestrians  from  loss  of  life  or  injury  to  person  or  proper- how  safety  of 
ty,  by  the  erection  of  a fence  or  barrier  by  day,  and  in  vehicles  and 

IT-  T 1 • / pedestrians 

addition  thereto,  by  displaying  one  or  more  lanterns  at  insured, 
night,  at  the  portion  or  portions  left  open,  and  also  at 
every  street  crossing  on  the  line  of  the  work  where  the 
same  may  be  left  open,  and  upon  a failure  so  to  do,  such 
corporations,  companies  or  individuals,  (including  all  officers 
and  employes  of  the  city ) shall  suffer  a fine  or  penalty  of 
not  less  than  twenty  dollars,  nor  more  than  fifty  dollars  Penalty, 
for  each  and  every  offence,  to  be  collected  as  other  fines 
and  penalties  are  now  collected  in  the  city  of  Baltimore. 

Whenever  any  piles  of  bricks,  stones,  lumber  or  other 
building  material  shall  be  left  in  any  of  the  streets,  lanes 
or  alleys  of  the  city,  they  shall,  during  the  night,  be  desig- 
nated by  displaying  a lighted  lamp  or  lantern  at  such  part  Eamps  to  be 
of  the  same  as  to  be  easily  observed  by  persons  passing 
along  the  street;  and  any  person  or  persons,  or  body  cor-  ber,&c. 
porate,  who  may  violate  any  of  the  provisions  of  this  sec- 
tion, shall  forfeit  and  pay  a fine  of  not  less  than  ‘ five  nor 
more  than  ten  dollars  for  each  and  every  offence. 

Sinclair  v.  Baltimore,  59  Md.  598.  Baltimore  City  Beck,  96  Md.  190, 

See  also,  Baltimore  v.  O’Donnell,  53  Md.  110. 


Restoring  Street  Surface, 


Ord.  62,  May  2,  1888.  City  Code,  (1893)  Art.  4^  Sec.  88. 

113.  Any  person  or  persons  or  corporation  who  shall 
dig  up  the  streets,  lanes  or  alleys  of  the  city  of  Baltimore, 
for  the  purpose  of  laying  pipe  or  any  other  purpose,  shall  ^ be  filled  com- 
return  the  dirt  removed  from  such  excavation,  and  in 
replacing  the  same,  shall  use  a rammer  or  such  other  con- 
trivance as  shall  make  the  ground  where  such  excavations 
are  made  sufficiently  solid  so  as  not  to  sink  after  having  been 
paved.  Any  person  or  persons,  or  corporation  violating 
any  of  the  provisions  of  this  section,  shall  forfeit  and 
pay  a fine  of  ten  dollars  for  each  and  every  offence;  pe„aity. 


1136 


streets  and  city  engineer — ORDINANCES.  [arT.  35. 


and  in  addition  to  said  fine,  said  person  or  persons,  or  cor- 
poration,  shall  immediately  proceed  to  comply  with  the 
tbis  section,  provisions  of  this  section. 


Street  Franchises. 

Ord.  32,  April  4,  1882.  City  Code,  (1893)  Art.  48,  Sec.  111. 

•eoaity  for  P^rson  or  corporation  upon  whom  the  obliga- 

^pTn  re-  ^^y  imposed  by  any  law  or  ordinance,  to  keep  in 
?tore?r  re-"^^'^®P^i^  any  part  of  any  of  the  streets,  lanes  or  alleys  within 
SltreltJ^^tc!  ^i^y»  replace  and  restore  in  proper  order  and  con- 
dition the  bed  or  surface  of  any  street,  lane  or  alley,  or 
any  portion  thereof  which  such  person  or  corporation  may, 
for  any  purpose,  be  licensed  or  permitted  to  dig  up,  dis- 
place or  remove,  and  who  shall  refuse  or  neglect  to  make 
such  repairs,  replacement  or  restoration,  within  three  days 
after  having  been  notified  in  writing  by  the  City  Engineer 
to  make  such  repairs,  or  to  replace  and  restore  in  proper 
order  and  condition  the  bed  or  surface  of  such  street,  lane 
or  alley,  shall  forfeit  and  pay  the  sum  of  twenty  dollars 
for  each  and  every  case  of  such  refusal  or  neglect.** 


Ord,  32,  April  4,  1882.  City  Code,  (1893)  Art.  48,  Sec.  112. 

'City  Engineer  115.  Whenever  any  person  or  corporation,  whose  duty 
repaiS^t^  it  shall  be  to  keep  in  repair  any  part  of  any  of  the  streets, 
bound  there-  lanes  or  alleys  within  the  city  or  to  replace  and  restore  in 
proper  order  and  condition  the  bed  or  surface  of  any 
street,  lane  or  alley  which  such  person  or  corporation  may 
be  licensed  or  permitted  to  dig  up,  displace  or  remove, 
shall  neglect  said  duty  after  being  notified  in  writing  by 
the  City  Engineer,  as  provided  in  the  next  preceding 


**NoTE. — A street  railway  is  not  liable  for  injuries  resulting  from  not 
keeping  two  feet  of  street  on  either  side  of  track  in  repair,  if  the  ordi- 
nance granting  the  right  to  lay  tracks  on  the  particular  street  where 
injury  resulted  did  not  impose  such  obligation  on  the  company  as  to  the 
particular  street.  The  company’s  liability  is  measured  by  the  agreement 
of  its  acceptance  of  the  grant.  McCarth}’’  v.  Citizens’  Railway  Co., 
Daily  Record,  April  29,  1889. 


ART.  35.]  PROTECTION  OF  STREET  SURFACE — ORDINANCES. 


1137 


section,  and  it  shall  appear  to  the  City  Engineer  that  the 
condition  of  such  street,  lane  or  alley  is  attended  with 
possible  danger  to  persons  passing  over  or  using  the  same, 
it  shall  be  the  duty  of  the  City  Engineer  forthwith  to  make 
such  repairs  as  may  be  necessary,  and  when  completed,  to 
collect  the  cost  of  making  the  same  from  the  person  or 
corporation  through  whose  default  or  neglect  the  same 
may  become  necessary,  and  for  said  purpose  he  may,  with 
the  approval  of  the  Mayor,  cause  suit  to  be  instituted  in 
the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
against  such  person  or  corporation. 


Protection  oj  Street  Surface. 

Ord.  91,  June  13,  1898.  City  Code,  (1893)  Art.  48,  Sec.  157  I. 

116.  It  shall  not  be  lawful  for  any  person,  firm,  or  cor- Mortar  not  to 
poration  to  mix  mortar,  or  to  cause  mortar  to  be  mixed  on  she?t  alphSt 
any  sheet  asphalt,  block  asphalt  or  any  improved  pavement 
on  any  street,  lane  or  alley  in  the  city,  unless  the  said 
pavement  is  protected  by  a platform  constructed  to  the 
satisfaction  of  the  City  Engineer ; nor  shall  it  be  lawful 
for  any  person,  firm  or  corporation  to  make  any  fire  or  Fires  on  pave- 
cause  any  fire  to  be  made  on  any  sheet  asphalt,  block  Sdden.°*^ 
asphalt  or  any  improved  or  cobble-stone  pavement  on  any 
street,  lane  or  alley  in  the  city  ; nor  shall  it  be  lawful  for 
any  person,  firm  or  corporation  to  cause  or  permit  kerosene,  Kerosene  or 
coal  oil,  naphtha,  benzine  or  any  other  oil  or  lubricating  or  to  run  over 
illuminating  fluid  to  fall  or  flow  on  or  over  any  sheet  ments. 
asphalt,  block  asphalt,  or  other  bituminous  pavement  on 
any  street,  lane  or  alley  in  the  city  ; nor  shall  it  be  lawful 
for  any  oil  tank  wagon  or  other  vehicle  conveying  oil  to 
pass  on  any  sheet  asphalt,  block  asphalt  or  other  bitu- 
minous pavement  on  any  street,  lane  or  alley  in  the  city, 
unless  there  is  a pan  to  catch  the  drip  of  the  spigot  or  *^011? 
spigots  or  other  device  or  devices  for  drawing,  measuring 
or  delivering  oil ; nor  shall  it  be  lawful  to  place  any  stick, 
trestle  or  other  supporting  device  bearing  any  weight 
whatsoever  for  any  purpose  upon  any  sheet  asphalt,  block 
asphalt  or  other  bituminous  pavement  on  any  street,  lane 
or  alley  in  the  city,  unless  the  said  stick,  trestle  or  other 


1138 


STRKKTS  AND  CITY  ENGINEER — ORDINANCES.  [arT.  35. 


supporting  device  shall  have  a flat  base  resting  upon  the 
pavement  of  not  less  than  144  square  inches,  under  a 
Penalty.  penalty  not  exceeding  ten  dollars  for  each  and  every 
offence. 


Destruction  of  Embankments,  etc. 

City  Code,  (1879)  Art.  47,  Sec.  80.  City  Code,  (1893)  Art.  48,  Sec.  81. 

117.  If  any  person  or  persons  shall  cut,  break,  dig 
Penalty  for  in- down,  injuro  or  destroy  any  abutment,  bank,  mound  or 

jury  to  public  i ii.  i 

work.  other  public  work  erected  or  constructed  by  or  under  the 
orders  of  the  City  Engineer,  every  person  so  offending 
shall  forfeit  and  pay  a sum  not  exceeding  two  hundred 
dollars,  and  moreover,  shall  be  liable  to  pay  the  expense  of 
repairing  the  injury. 

118.  All  fines  and  penalties  incurred  by  the  violation 
Recovery  of  of  any  of  the  provisions  of  this  Article,  shall  be  recovered 

penalties  ira-  as  Other  fines  and  penalties  imposed  by  ordinance  are  re- 

A°rticie^^  coverable  (unless  a different  provision  in  a particular  case 
is  made  herein) , and  when  recovered  shall  be  paid  to  the 
Comptroller. 


ART.  36.]  STREET  CLEANING— ORDINANCES. 


1139 


ARTICLE  XXXVI. 

STREET  CLEANING. 

ORDINANCES. 


Commissioner  of  Street  Cleaning. 

Bond. 

1.  To  be  conditioned  for  faithful 

performance  of  his  duties. 

Duties,  Power,  Authority. 

2.  Duties  of  said  commissioner;  to 

clean  streets  and  sewers  ; col- 
lect and  remove  garbage,  ashes 
and  refuse ; remove  snow  and 
ice  from  gutters  and  crossings 
and  from  streets  in  markets ; 
to  control  district  superintend- 
ents; said  superintendents  to 
make  daily  reports  to  said 
commissioner. 

3.  To  supervise  district  superin- 

tendents ; to  make  circuit  of 
observation  once  every  week. 

4.  To  contract  for  removal  of  gar- 

bage, ashes,  etc. 

5.  Modification  of  contracts  for 

removal  of  garbage,  dead 
animalsandrefu.se,  authorized; 
proviso. 

Flushing  Streets. 

6 May  use  water  from  fire  plugs 
in  flushing  gutters  and  inlets 
to  sewers. 

7.  To  flush  Baltimore  street  be- 
tween Paca  and  Harrison 
streets  when  necessary;  when 
work  to  be  done. 


Restoration  of  Streets. 

8.  Penalty  for  failure  to  restore 

streets  after  digging  up  same 
for  any  purpose,  and  after 
notice  from  said  commissioner. 

Removal  of  Garbage. 

9.  Housekeepers  to  have  garbage 

and  ashes  placed  in  separate 
vessels  and  delivered  to  gar- 
bage men  so  separated ; what 
substances  to  be  regarded  as 
garbage ; penalty  for  neglect 
of  provi.sions  of  this  section 
after  notice. 

Garbage  Boxes. 

10.  Private  persons  may  place 

boxes  at  street  corners ; said 
commissioner  to  determine 
location  and  form  of  such 
boxes. 

11.  Removal  of  dead  animals  from 

.streets;  requirements  for 
wagons  for  such  service. 

12.  Requirements  for  garbage 

carls. 

Street  Manure. 

13.  Not  to  be  removed  or  carried 

away  wdthout  authority  of 
said  commissioner. 

District  Superintendent  of  Streets. 

Districts. 

14.  To  divide  city  into  seven  dis- 

tricts. 


1140 


street  cleaning — ORDINANCES. 


[art.  36. 


Duties. 

15.  Duties  of  said  district  super- 

intendents. 

16.  To  distribute  the  street  clean- 

ing forces  and  superintend 
their  work ; men  to  work 
eight  hours  per  day ; to  make 
reports  to  said  commissioner 
every  Monday ; contents  of 
report;  not  to  employ  greater 
force  than  necessary ; said 
commissioner  to  designate 


one  of  his  clerks  as  pay- 
master ; bond  of  such  clerk. 

17.  To  execute  orders  of  said  com- 

missioner ; to  give  notice  to 
Mayor  of  offences  against 
health  and  cleanliness  of  city. 

18.  To  remove  filth  and  offal  from 

markets  on  Sundays. 

Fines  and  Penalties 

19.  How  to  be  recovered  and  ac- 

counted for. 


COMMISSIONER  OF  STREET  CLEANING. 


Bond. 

Ord.  6,  February  21,  1882.  City  Code,  (1893)  Art.  48,  Sec.  185.  Ord. 
21,  March  9,  1896. 

Bond  in  sum  of  1.  The  Commissioner  of  Street  Cleaning,  before  enter- 
$5,000.  upon  the  duties  of  his  office,  shall  give  a good  and 

sufficient  bond,  with  security  to  be  approved  by  the  Mayor, 
in  the  penal  sum  of  five  thousand  dollars,  to  the  Mayor 
and  City  Council  of  Baltimore,  conditioned  for  the  faithful 
performance  of  his  duties. 


Duties,  Power,  Authority. 

Ord.  6,  February  21,  1882.  Ord.  21,  April  21,  1887.  City  Code,  (1893) 
Art.  48,  Sec.  187. 

Duties  of.  2.  The  Commissioner  of  Street  Cleaning  shall  have 
exclusive  charge  of  the  cleaning  of  the  public  streets,  lanes 
and  alleys,  as  well  as  the  cleaning  of  the  sewers,  the  clean- 
ing of  the  latter  to  be  under  the  direction  of  the  City 
Engineer,  and  he  shall  have  charge  of  the  collection  and 
removal  of  ashes,  garbage,  street  and  household  refuse  in 
the  city  of  Baltimore.  He  shall  have  and  exercise  all  the 
powers,  and  perform  all  the  duties  heretofore  performed 
^o??eLovli  of  Health  Department  in  relation  to  the  collection,  sale 

garbage.  and  removal  of  ashes,  garbage,  street  offal  and  refuse  of 
the  cleaning  of  the  public  streets,  lanes  and  alleys,  the 


ART.  36.]  REMOVAL  OF  GARBAGE  AND  REFUSE — ORDINANCES.  114 

cleaning  away  of  ice  and  snow  from  the  gutters  and  cross- 
ings of  the  same,  from  the  front  of  the  public  schools, 
public  buildings  and  from  the  bridges  and  public  wharves 
belonging  to  the  city,  the  footways  of  the  city  and  the 
footways  of  the  city  plazas  and  squares ; and  he  shall  as 
soon  as  practicable  after  the  fall  of  any  snow,  remove  the  from 
same  from  all  the  streets  of  the  city  within  the  limits  as 
fixed  by  ordinance  of  the  several  markets,  and  all  such 
snow  shall  be  removed  from  the  limits  of  each  of  said 
markets,  respectively,  before  the  morning  of  the  market 
days  of  said  markets  ; provided  the  snow  has  ceased  to  fall 
by  twelve  o’clock  noon  of  the  day  preceding  said  market 
day.  The  several  district  superintendents  and  all  persons  ^uierhi- 
employed  under  them,  or  in  the  collection  and  removal  of  Pendents, 
ashes  and  garbage,  shall  act  under  the  superintendence 
and  control  of  the  Commissioner  of  Street  Cleaning,  and 
shall  execute  the  orders  of  the  Commissioner  of  Street  ^aiiy  reports 
Cleaning  and  shall  make  and  present  to  him  their  daily  suplr^lend-^ 
reports  and  accounts ; and  the  Commissioner  of  Street 
Cleaning  shall  examine  and  audit  the  daily  reports  and  Audit  of  same 
accounts  of  said  district  superintendents. 


City  Code,  (1879)  Art.  23,  Sec.  118.  City  Code,  (1893)  Art.  48,  Sec.  218. 

3.  It  shall  be  the  duty  of  the  Commissioner  of  Street  commissioner 
Cleaning,  in  addition  to  such  other  duties  as  are  embraced  superintend- 
in  this  Article,  to  superintend  the  district  superintendents 
in  all  matters  that  relate  to  their  operations  and  efficiency. 

In  the  discharge  of  such  special  service,  he  shall  make  a 
circuit  of  observation  in  relation  to  the  condition  of  the 
streets,  lanes  and  alleys,  at  least  once  in  every  week,  to 
every  part  of  the  city,  and  give  instructions  to  the  district 
superintendents  in  relation  to  their  duties. 


Removal  of  Garbage  and  Refuse. 

City  Code,  (1879)  Art.  23,  Sec.  103.  Ord.  67,  May  9,  1888.  City  Code, 

(1893)  Art.  23,  Sec.  124.  Ord.  36,  December  18,  1903.  Ord.  155, 

November  22,  1904. 

4.  The  Commissioner  of  Street  Cleaning  is  authorized  contracts  for 
to  contract  with  such  person  or  persons  or  body  corporate  SVarbaTe.' 


1142 


street  CEEANING — ORDINANCES. 


[art.  36. 


as  may  be  awarded  the  contract  by  the  Board  of  Awards, 
for  the  collection,  removal  and  disposition  of  all  garbage, 
dead  animals,  cinders,  ashes  and  miscellaneous  refuse  from 
the  public  markets,  commission  houses,  stores,  churches, 
schools,  hotels,  apartment  houses,  office  buildings,  tene- 
ments, dwellings  and  houses  of  Baltimore  city,  including 
pea  hulls,  fruit  parings,  tomato  skins  and  all  other  kinds 
of  fruit  and  vegetable  refuse  from  canning  houses  subject 
to  all  the  terms,  conditions,  regulations  and  restrictions  em- 
bodied in  Ordinance  No.  155,  approved  November  22,  1904. 

Ord.  163,  June  20,  1906. 

ModmcatioHfOf  5.  The  Mayor  is  authorized  to  enter  into  an  agreement 
removal  of  with  the  Baltimore  Sanitary  Contracting  Company  modify- 
dead^anjmais  ing  the  contract  dated  April  17,  1902,  between  the  city 
authorized,  and  Frederick  W.  Feldner  and  subsequently  assigned  to 
the  said  Baltimore  Sanitary  Contracting  Company,  provid- 
ing for  the  collection  and  disposal  of  garbage,  dead 
animals,  miscellaneous  refuse  and  ashes,  and  the  contract 
dated  December  15,  1904,  between  the  city  and  said 
Baltimore  Sanitary  Contracting  Company  providing  for 
the  collection  and  disposal  of  dead  horses,  cows,  miscel- 
laneous refuse,  and  ashes  other  than  coal  and  wood  ashes, 
in  the  manner  and  form  and  under  the  terms,  conditions, 
regulations  and  restrictions  as  prescribed  in  Ordinance 

Proviso.  No.  163,  approved  June  20,  1906;  provided,  that  nothing 
contained  in  this  section  or  in  the  agreement  proposed  to 
be  executed  hereunder,  shall  be  construed  as  a legal 
recognition  of  said  contract  of  April  17,  1902,  referred  to 
in  this  section,  or  as  a waiver  of  any  rights  which  the  city 
may  have  under  said  alleged  contract,  or  under  said 
contract,  of  December  15,  1904. 

Flushing  Streets. 

Ord.  102,  May  11,  1880.  City  Code,  (1893)  Art.  48,  Sec.  201. 

Flushing  gut-  6.  The  Commissoner  of  Street  Cleaning  is  empowered 
to  use  the  water  from  fire  plugs,  in  order  to  flush  the 
sewers.  g^jters  and  inlets  to  sewers  after  the  removal  of  dirt  from 
said  gutters  and  inlets. 


ART.  36.]  REMOVAL  OF  GARBAGE — ORDINANCES. 


1143 


Res.  55,  March  24,  1890.  City  Code,  (1893)  Art.  48,  Sec.  220. 

7.  The  Commissioner  of  Street  Cleaning  is  authorized  Flushing  of 

^ Baltimore 

and  directed  to  have  Baltimore  street,  from  Paca  street  to  street. 
Harrison  street,  cleaned  by  flushing  the  same  with  water 
from  the  city  plugs  located  along  the  line  of  said  street, 
whenever  the  said  street  becomes  wet  and  muddy,  and  in 
his  judgment,  not  in  condition  to  be  properly  cleaned  by 
the  usual  method  now  employed;  said  work  to  done  by  the 
employes  of  his  department  employed  at  present  for  regular 
street  cleaning;  such  work  to  be  done  between  the  hours  of 
11.30  P.  M.  and  5 A.  M. 


Restoration  of  Streets. 

City  Code,  (1879)  Art.  23,  Sec.  52.  City  Code,  (1893)  Art.  48,  Sec.  219. 

8.  The  gas  companies,  railroad  companies,  as  well  as  Restoration  of 
all  other  corporations  and  individuals,  who  may  have  or  up  by  corpo- 

T j,,  . ••j_T  rations  or 

may  hereafter  receive  permission  to  dig  up  or  disturb  any  individuals, 
of  the  paved  streets,  lanes  or  alleys  of  the  city,  for  the 
purpose  of  laying  pipes  of  any  kind,  or  constructing  wells, 
ditches,  drains  or  tunnels,  or  for  the  purpose  of  laying  or 
relaying  railroad  tracks  or  repairing  the  same,  shall  be, 
and  they  are  hereby,  required  within  two  weeks  after  said 
streets,  lanes  or  alleys  have  been  repaved,  to  clean  and 
remove  the  dirt  therefrom,  and  upon  a failure  or  refusal 
to  do  so,  after  flve  days^  notice  from  the  Commissioner  of 
Street  Cleaning,  such  corporations,  companies  or  individuals 
so  failing  or  refusing,  shall  suffer  a fine  or  penalty  of  not 
less  than  twenty  nor  more  than  fifty  dollars  for  each  and 
every  neglect  or  refusal  to  comply  as  aforesaid. 

REMOVAL  OF  GARBAGE. 

City  Code,  (1879)  Art.  23,  Sec.  92.  City  Code,  (1893)  Art.  48,  Sec.  189. 

9.  It  shall  be  the  duty  of  all  housekeepers  to  have  Duty  of  house- 
placed  in  a vessel  or  vessels,  not  exceeding  in  capacity  one 

bushel  each,  near  their  premises  or  some  convenient  place 
of  access,  at  such  time  as  said  carts  may  pass,  all  vegetable 
or  kitchen  offal,  and  separately  in  a similar  vessel,  all  coal 


1144 


street  cleaning — ORDINANCES. 


[art.  36. 


or  other  ashes,  and  to  deliver,  or  cause  them  to  be  delivered 
to  the  garbage  man  so  separated;  and  it  is  hereby  expressly 
ordained  that  no  other  substances  than  those  mentioned  in 
this  section  shall  be  regarded  as  garbage,  under  a penalty 
of  one  dollar  for  each  offence;  and  any  person  or  persons 
neglecting  or  refusing  to  comply  with  any  of  the  provisions 
of  this  section,  after  having  first  been  notified  in  writing 
by  the  Commissioner  of  Street  Cleaning,  shall  forfeit  and 
pay  one  dollar  for  each  and  every  neglect  or  refusal. 


Garbage  Boxes. 

Ord.  10,  December  9,  1897.  Ord.  61,  Annual  Session,  1897-1898*. 

Private  persons  10.  Private  persons  may  be  permitted  to  place  boxes 
pfS  bSfes°  at  street  corners  as  receptacles  for  waste  material  or 
corners.  rubbish;  the  same  to  be  done  under  the  supervision  of  the 
Commissioner  of  Street  Cleaning,  who  shall  decide  on  the 
localities  where  such  boxes  shall  be  placed,  and  the  quality 
and  form  of  the  boxes  to  be  so  provided. 

City  Code,  (1879)  Art.  23,  Sec.  96.  City  Code,  (1893)  Art.  48,  Sec,  193. 

Removal  of  11.  The  Commissioner  of  Street  Cleaning  is  authorized 
ea  anima  s.  ^iSiYe  dead  auimals  lying  in  the  streets  removed,  and  to 
cause  the  vehicles  used  in  their  removal  from  the  streets 
and  station  houses  to  be  so  constructed  as  to  have  wooden 
covers  and  to  be  kept  locked,  or  to  be  covered  with  oil 
cloth,  as  they  pass  through  the  streets,  as  in  his  judgment 
may  be  deemed  most  advisable. 


City  Code,  (1879)  Art.  23,  Sec.  97.  City  Code,  (1893)  Art.  48,  Sec.  194. 

Carts,  how  to  12.  All  carts  employed  by  the  city  for  the  collection  of 
e covere  . Other  ashes,  shall  be  covered  with  heavy 

canvas  or  other  substantial  material,  so  as  to  prevent  dust 
or  effluvia  from  escaping  from  such  carts  while  being 
driven  along  the  streets  of  the  city. 


^Note. — This  ordinance  became  law  by  limitation. 


ART.  36.]  DISTRICT  SUPERINTKNDKNTS — ORDINANCES. 


1145 


Street  Manure. 

City  Code,  (1879)  Art  23,  Sec.  100.  City  Code,  (1893)  Art.  48,  Sec.  203. 

13.  No  person  shall  remove  or  carry  away  any  manure  Removal  of 

^ n • 1 • 1 manure  and 

or  dirt  out  of  any  paved  street,  lane  or  alley  within  the  dirt, 
city,  unless  by  the  authority  of  the  Commissioner  of  Street 
Cleaning,  except  manure  or  dirt  which  they  themselves 
may  have  temporarily  deposited  thereon,  and  every  person 
offending  herein,  shall  forfeit  and  pay  the  sum  of  three 
dollars  for  each  and  every  load  of  manure  or  dirt  so  removed 
or  carried  away,  and  in  proportion  for  any  less  quantity. 

DISTRICT  SUPERINTENDENTS  OF  STREETS. 

Districts. 

Ord.  19,  March  1,  1881.  Ord.  87,  June  19,  1888.  City  Code,  (1893) 

Art.  48,  Sec.  207.  Ord.  37,  March  9,  1896. 

14.  In  order  more  effectually  to  secure  the  keeping  of 

the  several  streets,  lanes  and  alleys  properly  cleaned,  and  into  seven 
to  preserve  the  health  of  the  city,  and  in  view  of  the  very 
large  increase  within  the  past  few  years  of  the  surface  of 
the  paved  streets,  lanes  and  alleys,  the  said  Commissioner 
of  Street  Cleaning  is  hereby  directed  to  divide  the  city  into 
seven  (7)  districts,  as  equally  as  may  be,  with  a due  re- 
gard for  the  surface  of  said  paved  streets,  lanes  and  alleys. 

Duties. 

Ord.  95,  May  18,  1881.  City  Code,  (1893)  Art.  48,  Sec.  208. 

15.  The  districts  laid  off  according  to  the  next  preced-  District  super- 
ing  section  shall  be  under  the  control  of  such  district  appointment 
superintendents  as  the  Commissioner  of  Street  Cleaning 

shall  appoint,  who  shall  act  as  agents  of  the  corporation, 
and  shall,  under  the  supervision  of  the  Commissioner  of 
Street  Cleaning,  clean  the  public  streets,  lanes  and  alleys 
of  the  city,  and  remove  the  ice  and  snow  from  the  gutters 
and  crossings  of  the  streets,  lanes  and  alleys  ; and  also  the 
snow  and  ice  from  the  fronts  of  the  public  schools  and  of  all 
public  buildings  and  school  yards,  occupied  and  owned  by 
the  city,  and  the  footways  and  bridges,  including  the  pub- 
lic wharves  belonging  to,  and  in  the  occupancy  of,  the 
corporation  ; and  also  all  the  footways  of  the  city  plazas 
and  squares. 


1146 


To  distribute 
the  street- 
cleaning 
force  and 
superintend 
their  work. 


Men  to  work 
eight  hours 
per  day. 


Reports  to 
Commission- 
er of  Street 
Cleaning. 


Contents  there 
of. 


Appointment 
of  one  of 
clerks  as 
paymaster. 


Bond. 


To  act  as  pay- 
master of 
sub-depart- 
ment. 


STREET  CLEANING — ORDINANCES.  [arT.  36. 

City  Code,  (1879)  Art.  23,  Sec.  109.  City  Code,  (1893)  Art.  48,  Sec.  209- 
Ord.  28,  November  25,  1905. 

16.  It  shall  be  the  duty  of  the  said  district  superintend- 
ents to  superintend  the  working  and  proper  distribution  of 
the  men,  horses  and  carts,  to  the  best  advantage  for  clean- 
ing the  streets,  lanes  and  alleys ; and  also  to  keep  the 
number  of  men,  horses  and  carts  specified  in  the  respective 
districts,  diligently  employed  in  removing  street  dirt  and 
manure  from  the  streets,  lanes  and  alleys  (unless  other- 
wise employed  or  suspended  from  employment  by  the 
direction  of  the  Commissioner  of  Street  .Cleaning)  at  least 
eight  hours  in  each  and  every  day,  (Sundays  excepted)  ; 
and  it  shall  be  the  duty  of  the  said  superintendents,  on 
Monday  morning  of  each  week,  to  make  a full  report  in 
writing,  under  oath,  to  the  Commissioner  of  Street  Clean- 
ing, which  report  shall  state  the  number  of  men,  horses, 
carts  and  implements  kept  by  them  respectively  at  work 
during  the  week  previous,  for  the  benefit  of  the  city  ; the 
number  of  loads  of  street  dirt  and  manure  removed  and 
sold,  and  the  amount  of  money  received  therefor,  and  also 
the  locations  in  their  respective  districts,  where  the  men, 
horses  and  carts  were  engaged  ; and  they  shall  at  no  time 
employ  more  men,  horses  and  carts  than  are  absolutely 
necessary  for  the  performance  of  the  duties  required  of 
them  ; and  the  Commissioner  of  Street  Cleaning  is  hereby 
authorized  and  directed  to  designate  one  of  the  clerks  in 
his  employ,  who  in  addition  to  the  duties  now  being  per- 
formed by  him,  shall  hereafter  act  as  paymaster,  upon  giv- 
ing a bond  to  the  Mayor  and  City  Council  of  Baltimore  for 
the  faithful  performance  of  his  duties  as  such  paymaster  in 
the  sum  of  five  thousand  dollars  ($5,000),  with  a surety  or 
sureties  to  be  approved  by  the  Mayor,  and  shall  pay  to  such 
persons  as  may  be  entitled  to  receive  the  same,  as  shown  by 
the  reports  of  the  Superintendents  of  Street  Cleaning,  such 
sums  of  money  weekly  as  may  be  necessary  to  pay  for  the 
labor  of  removing  said  street  dirt,  manure  and  offal. 


ART.  37.] 


CITY  SURVEYOR — ORDINANCES. 


1147 


City  Code,  (1879)  Art.  23,  Sec.  111.  City  Code,  (1893)  Art.  48,  Sec.  211. 

17.  The  district  superintendents  shall  execute  all  or- to  execij^te  or- 

. . , . , . 1 1 • 1 Com- 

ders  pertaining  to  their  duties  and  omce,  which  they  may  missioner  of 

. « 1 ^ • • n r-t  • 1 Street  Cleaii- 

receive  from  the  Commissioner  of  Street  Cleaning,  and  mgr. 
shall  give  immediate  notice  to  the  Mayor  of  all  offences 
committed  against  the  ordinances  and  laws  enacted  for  the 
preservation  of  the  health  and  cleanliness  of  the  city. 


City  Code,  (1879)  Art.  23,  Sec.  113.  City  Code,  (1893)  Art.  48,  Sec.  213. 

18.  It  shall  be  the  duty  of  the  district  superintendents,  ^offarfrom 
every  Sunday  morning,  at  or  before  sunrise,  to  have  the  “e^ysunday, 
filth  and  offal  accumulated  at  the  different  market  houses 

where  market  is  held  on  Saturday  evenings,  removed. 

FINES  AND  PENALTIES. 

19.  All  fines  and  penalties  incurred  by  the  violation  of 

any  of  the  provisions  of  this  Article  shall  be  recovered  as  accounted 
other  fines  and  penalties  imposed  by  ordinance  are  recov- 
erable, and  when  collected  shall  be  paid  to  the  Comptroller. 


ARTICLE  XXXVII. 


CITY  SURVEYOR. 

ORDINANCES. 


Bond. 

1.  Bond  to  be  conditioned  for  faith- 

ful performance  of  duties  and 
return  of  all  records  when 
called  for  by  Mayor. 

Duties. 

2.  To  perform  service  as  surveyor 

when  required  so  to  by  City 


Engineer ; compensation  for 
such  services ; collection  of 
compensation. 

3.  To  serve  as  surveyor  to  Com- 

missioners for  Opening 
Streets  ; compensation. 

4.  To  perform  other  acts  and  du- 

ties required  by  ordinance ; 
compensation  therefor. 


1148 


CITY  SURVEYOR — ORDINANCES. 


[art.  37. 


Bond 


To  perform  cer- 
tain dtities  to 
be  directed 
by  City  En- 
gineer. 


Compensation  for  Services. 

5.  Table  of  fees  and  charges ; sur- 
veying lot ; plat  of  same ; 
when  more  than  one  lot  ad- 
joining ; plats  of  same  ; for 
giving  street  line ; establish- 
ing grade  of  street ; profile 
of  same ; paving  plat ; con- 
demnation and  benefit  plats ; 


damage  plats ; proviso  as  to 
streets  on  Poppleton’s  plat. 

Office  and  Records. 

6.  Surveyor  to  keep  record  of 

notes,  plats,  etc. 

7.  Certain  municipal  officials  to 

inspect  such  records  ; inspec- 
tion by  general  public  subject 
to  certain  restrictions. 


BOND. 

City  Code,  (1879)  Art.  48,  Sec.  8.  City  Code,  (1893)  Art.  49,  Sec.  8. 

1.  Before  entering  upon  the  duties  of  his  office,  the  City 
Surveyor  shall  give  bond  with  security,  in  the  sum  of  five 
thousand  dollars,  conditioned  for  the  faithful  performance 
of  his  duties  as  City  Surveyor,  and  for  the  return  to  the 
Comptroller  of  the  city  of  all  memoranda,  field  notes,  plats, 
copies  of  plats  and  records,  made  by  him  as  City  Surveyor, 
or  which  may  have  been  committed  to  his  charge,  when- 
ever the  same  shall  be  required  of  him  by  the  Mayor  or 
by  the  Comptroller,  under  the  orders  of  the  Mayor. 


DUTIES. 

City  Code,  (1879)  Art.  48,  Sec.  2.  City  Code,  (1893)  Art.  49,  Sec.  2. 

2.  Whenever  the  City  Engineer  shall,  in  pursuance  of 
the  several  duties  required  to  be  performed  by  him,  under 
the  provisions  of  the  several  ordinances  of  the  city  of 
Baltimore,  contained  in  Article  35  of  this  Code,  title, 
‘'Streets  and  City  Engineer'’,  or  of  any  other  ordinance 
which  may  hereafter  be  passed,  regulating  the  duties  of 
said  City  Engineer,  require  the  services  of  a surveyor,  it 
shall  be  the  duty  of  the  City  Surveyor,  to  do  and  perform 
all  such  acts  appertaining  to  the  business  of  a surveyor,  as 
may  be  reasonably  required  of  him  by  the  City  Engineer, 
for  which  services  he  shall  be  entitled  to  and  shall  receive 
compensation  as  fixed  in  the  table  of  rates  contained  in 
section  5 of  this  Article,  and  which  compensation  shall  be 
collected  in  the  manner  now  provided  for  in  the  several 


ART.  37.1  COMPENSATION  FOR  SERVICES— ORDINANCES. 


1149 


ordinances  hereinbefore  referred  to,  or  which  may  hereafter 
be  passed  by  the  Mayor  and  City  Council  of  Baltimore. 


City  Code,  (1879)  Art.  48,  Sec.  3.  City  Code,  (1893)  Art.  49,  Sec.  3. 

3.  Whenever  the  Commissioners  for  Opening  Streets  shall 
proceed  to  perform  the  several  duties  imposed  upon  them  by  Further  duties, 
virtue  of  the  provisions  of  the  City  Charter  or  other  laws, 
and  the  provisions  of  the  several  ordinances  of  the  Mayor 
and  City  Council  of  Baltimore,  contained  in  Article  35,  title, 

“Streets  and  City  Engineer' or  such  other  ordinances  as 
may  be  passed  from  time  to  time,  which  may  require  the 
services  of  a surveyor,  it  shall  be  their  duty  and  they  are 
hereby  required  to  notify  the  City  Surveyor  thereof ; and 
it  shall  be  the  duty  of  the  City  Surveyor  to  do  and  perform 
all  such  work  as  may  be  required  by  the  said  Commissioners 
for  Opening  Streets  in  the  discharge  of  their  several  duties, 
and  for  such  work  or  services  so  performed  he  shall  be 
entitled  to  and  shall  receive  compensation  agreeably  to  the 
rates  established  by  the  table  hereinbefore  mentioned,  to  be 
assessed  and  collected  in  the  manner  prescribed  by  law  or 
by  ordinances  of  the  Mayor  and  City  Council  of  Baltimore. 


City  Code,  (1879)  Art.  48,  Sec.  4.  City  Code,  (1893)  Art.  49,  Sec.  4. 

4.  It  shall  be  the  duty  of  the  City  Surveyor  to  do  and 
perform  all  other  acts  and  things  appertaining  to  the  busi- 
ness  of  a surveyor,  which  may  be  required  by  virtue  of  any 
ordinance  or  resolution  of  the  Mayor  and  City  Council  of 
Baltimore  requiring  the  services  of  a surveyor,  which  are 
now  in  force  or  which  may  be  hereafter  passed,  upon  due 
notice  to  be  given  to  him  whenever  said  services  are 
needed,  and  he  shall  receive  compensation  agreeably  to  the 
rates  in  the  table  hereinafter  given  or  which  may 
now  or  hereafter  be  specially  prescribed  by  law  or  by 
ordinances  of  the  Mayor  and  City  Council  of  Baltimore. 

COMPENSATION  FOR  SERVICES. 

City  Code,  (1879)  Art.  48,  Sec.  5.  City  Code,  (1893)  Art.  49,  Sec.  5. 

5.  The  compensation  for  the  duties  performed  by  the  Fees  and 
City  Surveyor  under  this  Article  shall  be  as  fixed  by  the 
following  table,  viz  : 


1150 


To  keep  a rec- 
ord of  notes, 
plats,  etc. 


CITY  SURVEYOR — ORDINANCES.  [aRT.  37. 

For  surveying  and  establishing  the  lines  of  a lot,  eight 
dollars. 

For  a plat  of  the  same,  three  dollars. 

For  surveying  and  establishing  from  two  to  ten  adjoin- 
ing lots,  each  five  dollars. 

For  a plat  of  the  same,  each  two  dollars. 

For  giving  the  line  of  a street  in  front  of  a building,  five 
dollars. 

For  establishing  the  grade  of  any  street,  one  square, 
five  dollars. 

For  all  over  one  square,  each  three  dollars. 

For  profile  of  same,  for  each  square,  five  dollars. 

For  paving  plat,  each  square,  five  dollars. 

For  condemnation  and  benefit  plats  furnished  to  the 
Commissioners  for  Opening  Streets,  the  rates  shall  be  as 
follows  : 

For  a distance  as  shown  on  the  benefit  plat  not  exceeding 
two  squares,  for  every  front  foot  ordered,  five  cents. 

For  a distance,  as  above,  more  than  two  and  not  exceed- 
ing four  squares,  for  every  front  foot  ordered,  three  cents. 

For  a distance,  as  above,  exceeding  four  squares,  for 
every  front  foot  ordered,  two  cents. 

For  the  damage  plat  he  shall  be  allowed  for  his  own 
services  ten  dollars  per  day  while  engaged  on  it,  and  also 
an  additional  allowance  of  two  dollars  and  fifty  cents  per 
day  for  each  assistant;  provided,  that  in  opening  any  street 
designated  on  Poppleton’s  plat,  there  shall  not  be  allowed 
(on  said  damage  plat)  more  than  one  day  to  each  square 
to  said  Surveyor  and  his  assistants,  unless  the  bed  of  the 
street  to  be  opened  be  obstructed  by  improvements. 

OFFICE  AND  RECORDS. 

City  Code,  (1879)  Art.  48,  Sec.  6.  City  Code,  (1893)  Art.  49,  Sec.  6. 

6.  There  shall  be  provided  for  the  use  of  the  City  Sur- 
veyor, an  office,  which  shall  be  known  and  designated  as 
the  “City  Surveyor's  Office;"  and  the  said  City  Surveyor 
shall  be  required  to  have  all  memoranda,  field  notes  and 
plats  taken  and  made  by  virtue  of  this  Article,  and  such  as 
may  be  committed  to  his  charge  by  any  of  the  city  officers,. 


ART.  37.] 


INSPECTION  OF  RECORDS — ORDINANCES 


1151 


carefully  filed  and  preserved  in  said  ofRce  for  the  use  of 
the  city,  whose  property  they  are  hereby  declared  to  be  ; 
and  it  shall  be  the  duty  of  the  City  Surveyor  to  report 
semi-annually  (in  January  and  July)  to  the  Mayor  what 
field  notes  (so  termed)  and  plats  are  in  his  possession  be- 
longing  to  the  city.  He  shall  also  keep  in  his  office  a 
record  of  all  establishments  made  by  him. 


City  Code,  (1879)  Art.  48,  Sec.  7.  City  Code,  (1893)  Art.  49,  Sec.  7. 

7.  All  records,  memoranda,  plats  and  field  notes  herein 
mentioned  shall  at  all  times  be  subject  to  the  inspection  inspection  of 
and  examination  of  the  Mayor,  the  members  of  the  City  records. 
Council,  the  City  Engineer,  the  Commissioners  for  Opening 
Streets,  the  City  Solicitor  and  his  assistants,  the  Comp- 
troller and  the  City  Register;  but  every  other  person,  after 
the  expiration  of  twelve  months  from  the  time  of  the 
deposit  of  any  record,  memoranda  or  plats  in  said  office  for 
such  inspection,  shall  pay  to  the  City  Surveyor,  for  the  use 
of  the  city,  the  sum  of  twelve  and  a half  cents;  and  it  shall 
be  the  duty  of  the  City  Surveyor  to  furnish  a copy  of  any 
record  in  his  office  to  any  person  requiring  the  same,  on 
the  payment  of  ten  cents  for  every  one  hundred  words 
embraced  in  such  copy. 


1152 


TAXES — ORDINANCES. 


[art.  38. 


ARTICLE  XXXVIII. 

TAXES- 

ORDINANCES. 


Appeal  Tax  Court. 

assessors  and  Clerical  Force. 

1.  Bond  of  members  of  Court; 

Court  to  appoint  ten  assessors; 
duties  of  assessors  ; salaries  ; 
clerk ; special  assessors ; all 
assessors  to  take  oath  of  office; 
bond. 

2.  Assistant  clerk;  salary;  writ, 

transfer  and  notice  clerk  ; sal- 
ary ; stenographer  and  messen- 
ger ; salar}^ ; clerk  to  special 
assessors ; salary  ; all  appoint- 
ees to  take  oath  of  office  and 
give  bond. 

Office  Hours. 

3.  Clerks  to  remain  at  office  from 

nine  until  three. 

Assessments,  Abatements  and 
Errors. 

4.  When  Court  may  abate  assess- 

ments ; City  Collector  to  close 
said  accounts  ; amount  due  to 
be  charged  to  suspended  ac- 
counts. 

5.  Refunding  taxes  paid  in  error ; 

limitation  on  refunding  ; Court 
to  keep  list  of  claims  for  taxes; 
proof  necessary  for  abatement 
of  claim. 

6.  Correction  of  errors  in  assess- 

ment ; deductions  for  loss  of 
property;  transfers  of  property. 


7.  Exemption  of  manufacturing 

plants  ; in  what  cases  and  how 
to  be  allow’ed  ; when  not  to  be 
allowed  ; application  for  abate- 
ment or  exemption  ; reassess" 
ment  upon  application  for 
abatement ; applicant  to  make 
oath  that  all  property  is  as- 
sessed ; statements  in  appli- 
cation to  be  bona  fide  ; applica- 
tion to  be  renewed  each  year. 

8.  All  arrears  of  taxes  to  be  paid 

before  exemption  granted. 

9.  Receipted  tax  bills  to  accompany 

application  for  abatement. 

New  Improvements. 

10.  Court  to  assess  same  by  October 

1st  of  every  year;  when  to  be 
deemed  finished. 

Provisoes. 

11.  No  abatement  of  taxes  on  real 

estate. 

12.  No  city  tax  on  city  stock. 

Reports. 

13.  Court  to  make  monthly  report 

to  Ma\’or  and  City  Council ; 
what  report  shall  show. 

Abatements. 

14.  Reports  by  assistants  to  chief 

assessor  of  new  assessments; 
chief  assessor  to  be  present  at 
hearing  on  new  assessments ; 
notice  to  such  assessor  of  hear- 
ings; opinion  of  chief  assessor. 


ART.  38.] 


TAXES — ORDINANCES . 


1153 


15.  Office  of  board  of  assessors  ; 

City  Librarian  to  furnish 
stationery  to  board. 

16.  Powers  of  Bailiffs  appointed  by 

City  Collector. 

Permits  to  Erect  Buildings. 

17.  Must  be  obtained  from  Appeal 

Tax  Court. 

18.  Special  permits  granted  by  city 

to  be  endorsed  by  Court. 

19.  Penalty  for  building  without 

permit. 

20.  Full  description  of  premises 

and  improvements  contem- 
plated to  be  filed  with  appli- 
cation to  Court  for  permit. 

21.  Court  to  keep  record  of  per- 

mits issued ; to  advertise  ap- 
plications therefor ; applicant 
for  permit  to  provide  for 
drainage. 

City  Collector. 

22.  His  bond  ; by  whom  to  be  ap- 

proved ; duties  under  bond. 

Subordinates. 

23.  Salary  of  City  Collector  ; to  ap- 

point deputy  collector;  duties 
and  salary  of  deputy;  cashier; 
salary  ; book-keeper  ; salary ; 
general  cash  book-keeper ; 
salary  ; sixteen  ledger  clerks; 
salaries;  piece  clerk;  salary ; 
chief  clerk ; his  duties ; sal- 
ary ; City  Collector  responsi- 
ble for  his  subordinates  under 
his  bond. 

24.  Compensation  of  bailiffs. 

Accounts  and  Records. 

25.  Entries  in  books ; ledger  ac- 

counts. 


26.  Daily  deposits  in  bank  of 

moneys  collected,  to  be  made 
by  City  Collector;  how  drawn 
when  City  Collector  dies,  re- 
signs oris  removed. 

Collection  of  Annual  Levy. 

27.  To  separate  real  from  personal 

taxes  in  bills. 

Sales  for  Taxes. 

28.  Leasehold  and  fee  simple  to  be 

distinguished  in  sales  made 
for  taxes ; proviso  where 
amount  received  for  leasehold 
is  insufficient ; not  to  apply 
where  records  do  not  show 
existence  of  lease. 

Sales  for  Paving  Assessments. 

29.  City  Collector  to  deliver  bills 

for  assessments  to  cover  costs 
of  repairing  or  repaving  foot- 
ways and  to  collect  same. 

30.  City  Collector  to  publish  list  of 

property  sold  for  taxes  ; what 
such  list  shall  show;  City  Col- 
lector to  keep  record  of  lists  ; 
same  to  be  open  to  public. 

31.  City  Solicitor  to  certify  who  is 

real  owner  of  property  sold 
for  non-payment  of  taxes, 
etc. ; no  payments  to  be  made 
by  City  Collector  or  City  Reg- 
ister until  certificate  is  re- 
ceived from  City  Solicitor. 

32.  Compensation  of  Collector  of 

State  Taxes. 

Comptroller. 

Damages  in  Opening  Streets. 

33.  Payment  of  damages  to  be 

withheld  until  taxes  are  paid. 

34.  Comptroller  to  furnish  Court 

list  of  property  condemned 
and  taken  by  city. 


1154 


TAXES — ORDINANCES . 


[art.  38. 


Tax  Sales. 

35.  Procedure  when  city  buys 

property  at  tax  sale  ; ratifica- 
tion of  sale;  City  Collector  to 
execute  deed  of  such  property 
to  city. 

36.  Said  deed  to  be  recorded  in 

office  of  Comptroller  and 
among  land  records  of  city. 

37.  Comptroller  to  sell  such  prop- 

erty sixty  days  after  receiv- 

APPEAL  TAX  COURT. 

Assessors  and  Clerical  Force, 

City  Code,  (1879)  Art.  49,  Secs.  1,  2.  Ord.  18,  April  2,  1879.  Ord.  85, 
June  19,  1888.  Ord.  165,  October  24,  1890.  Cit}’-  Code,  (1893)  Art. 
50,  Secs.  1,  2,  2A  and  2B.  Ord.  63,  March  28,  1893.  Ord.  19, 
March  14,  1894.  Ord.  98,  May  18,  1894.  Ord.  24,  March 
9,  1896.  Ord.  89,  June  10,  1898.  Ord.  25,  December 
29,  1899.  Ord.  113,  March  20,  1901.  Ord.  131, 

August  15,  1904.  Ord.  232,  March  24,  1905. 

Ord.  64,  January  25,  1906. 

1.  The  members  of  the  Appeal  Tax  Court  shall  each 
Bond  of  give  bond  for  the  faithful  discharge  of  his  duties  in  such 
penalty  and  with  such  security  as  the  Mayor  may  approve, 
and  they  are  hereby  authorized  to  appoint  ten  discreet  and 
To  appoint  ten  Competent  persons  as  assessors,  whose  duty  it  shall  be  to 
value  for  assessment  all  taxable  property  in  Baltimore 
city.  They  shall  designate  one  of  said  assessors  to  be 
chief  assessor,  and  two  others  to  be  assistants  to  the  chief 
assessor.  The  chief  assessor  shall  receive  a salary  of 
Salaries  of  twonty-four  hundred  dollars  ($2,400)  per  annum  payable 
assessors,  semi-mouthly,  and  each  of  said  assistants  shall  receive  a 
salary  of  fourteen  hundred  dollars  ($1,400)  per  annum,  pay- 
able semi-monthly.  Each  of  the  other  seven  assessors 
shall  receive  a salary  of  twelve  hundred  dollars  ($1,200) 
per  annum,  payable  semi-monthly,  and  one  of  them  may 
be  designated  by  the  Appeal  Tax  Court  to  act  as  clerk  to 
the  said  assessors  without  additional  compensation.  The 
^‘SSsors.  Appeal  Tax  Court  is  likewise  authorized  to  appoint  two 


ing  deed  ; manner  of  sale ; 
notice  to  former  owner  ; deed 
to  purchaser  ; private  sale  to 
be  advertised  ; practice  when 
objections  to  such  sale  are 
filed. 

38.  Comptroller  to  report  to  Court 

sales  made  by  him. 

39.  Recovery  of  fines  and  penalties 

imposed  hereunder. 


ART.  38.]  APPEAR  TAX  COURT — APPOINTEES  OF — ORDINANCES.  ' 1155 


special  assessors  (who  shall  have  expert  knowledge  in  the 
valuation  of  real  estate)  for  the  purpose  of  re-assessing 
real  estate  in  the  city  of  Baltimore,  and  each  of  said  two 
special  assessors  shall  receive  a salary  of  twenty-two 
hundred  dollars  ($2,200)  per  annum,  payable  semi-monthly. 

All  the  assessors  and  special  assessors  herein  provided  for  ^ tS  oSh°of 
shall  take  the  oath  prescribed  by  law  and  give  bond  for 
the  faithful  performance  of  their  duties  in  such  penalty 
and  with  such  security  as  the  Appeal  Tax  Court  may 
determine,  and  shall  perform,  under  the  general  super- 
vision, direction  and  control  of  the  Court,  the  duties 
hereinbefore  specified  and  also  such  other  duties  as  may 
be  assigned  to  them  by  the  said  Court. 

Monticello  Dist.  Co.  v.  Balto.,  90  Md.  429. 


Ord.  64,  January  25,  1906. 

2.  The  Appeal  Tax  Court  is  authorized  to  appoint  an  ^ppointmentt 
assistant  clerk,  who  shall  act  as  one  of  the  clerks  of  the  cierks. 
Court,  and  who  shall  receive  a salary  of  sixteen  hundred 
dollars  ($1,600)  per  annum,  payable  semi-monthly;  a clerk 
who  shall  be  known  as  the  writ,  transfer  and  notice- 
clerk,  and  who  shall  receive  a salary  of  twelve  hundred 
dollars  ($1,200)  per  annum,  payable  semi-monthly;  a clerk 
who  shall  be  a stenographer  and  typewriter  and  act  as 
messenger  to  the  Court,  and  who  shall  receive  a salary  of 
one  thousand  dollars  ($1,000)  per  annum,  payable  semi- 
monthly; and  a clerk  to  the  special  assessors  mentioned  in 
the  next  preceding  section  of  this  Article,  who  shall  receive 
a salary  of  twelve  hundred  dollars  ($1,200)  per  annum, 
payable  semi-monthly.  All  of  the  appointees  mentioned  aii  appointees 
in  this  section  shall  take  the  oath  prescribed  by  law  and  oath  of  office, 
shall  give  bond  for  the  faithful  performance  of  their  duties  in 
such  penalty  and  with  such  security  as  the  Appeal  Tax 
Court  may  determine,  and  shall  perform,  under  the  general 
supervision,  direction  and  control  of  the  Court,  the  duties 
hereinbefore  indicated  and  also  such  other  duties  as  may 
be  assigned  to  them  by  the  said  Court. 


Robinson  v.  Balto.  City,  93  Md.  208. 


1156 


TAXES — ORDINANCES . 


[art.  38. 


Office  hours 
Court. 


Appeal  Tax 
Court  may 
abate  assess- 
ments. 


Refunding 
taxes  paid  ii 
error. 


Office  Hours. 

City  Code,  (1879)  Art.  49,  Sec.  3.  City  Code,  (1893)  Art.  50,  Sec.  4. 

3.  The  clerks  of  the  Appeal  Tax  Court  shall  meet  at 
their  offices  daily  at  nine  o'clock  A.  M. , and  remain  until 
three  o'clock  P.  M.,  to  attend  to  the  duties  required  of 
them. 


Assessments,  Abatements  and  Errors. 

City  Code,  (1879)  Art.  49,  Sec.  8.  City  Code,  (1893)  Art.  50,  Sec.  9. 

4.  The  Appeal  Tax  Court  is  authorized  to  abate  assess- 
ments on  the  books  whenever  the  City  Collector  shall  on 
his  affidavit  declare  that  in  his  judgment  and  opinion  the 
taxes  so  reported  cannot  be  collected;  or,  upon  other 
satisfactory  evidence,  the  Appeal  Tax  Court  shall  direct 
the  City  Collector  to  close  up  said  accounts  on  his  books. 
And  the  said  City  Collector  may  present  to  the  Appeal 
Tax  Court  any  account  on  his  books,  the  collection  of 
which,  in  his  opinion,  is  deemed  doubtful,  and  upon  the 
declaration  of  the  City  Collector  that  diligent  inquiry  has 
been  made  in  reference  to  such  account,  the  Appeal  Tax 
Court  shall  direct  the  amount  to  be  charged  to  suspended 
accounts  for  the  year  in  which  said  taxes  were  due;  and 
the  Appeal  Tax  Court  may  give  such  directions  as  may  be 
deemed  best  calculated  to  secure  the  payment  of  any  or 
all  such  accounts,  and  so  much  thereof  as  may  be  collected, 
shall  be  credited  on  the  suspended  accounts. 


City  Code,  (1879)  Art.  49,  Sec.  9.  City  Code,  (1893)  Art.  50,  Sec.  10. 

6.  It  shall  be  the  duty  of  the  Appeal  Tax  Court  to 
examine  into  all  claims  for  a return  of  taxes  alleged  to 
have  been  paid  in  error,  and  if  upon  examination  by  the 
Appeal  Tax  Court,  it  shall  clearly  appear  that  such  claim  or 
claims  is  or  are  well  founded  and  that  such  taxes  have  been 
paid  erroneously,  the  court  may  direct  the  City  Collector  by 
order  or  orders  in  writing  to  refund  or  repay  the  same, 
and  shall  reject  all  such  claims  as  may  be  considered 
doubtful  or  not  well  founded;  provided  not  more  than  four 


ART.  38.1  ASSESSMENTS,  ABATEMENTS  AND  ERRORS — ORDINANCES.  1157 


years  have  elapsed  from  the  first  day  of  May  in  the  year  ^imitation. 

in  which  the  levy  was  made  for  said  taxes  to  the  time 

application  is  made  for  the  refunding  of  the  same.  And 

the  Appeal  Tax  Court  shall  keep  a correct  list  or  account  Ust  of  claims. 

of  all  claims  for  taxes  presented  to  or  examined  by  said 

court,  which  shall  contain  the  name  or  names  of  the  person 

or  persons  presenting  such  claims,  and  the  amount  of  each, 

including  those  rejected,  and  upon  the  representation  of 

any  taxpayer  that  he  or  she  has  paid  the  taxes  for  which 

the  collector  has  demanded  payment,  the  Appeal  Tax  Court 

is  hereby  authorized  to  investigate  the  case;  if  the  party 

shall  declare  his  or  her  receipt  has  been  destroyed  or  lost, 

and  undoubted  proof  or  satisfactory  evidence  is  given  Abatement. 

that  the  said  bill  has  been  paid,  the  claim  shall  be  abated. 


City  Code,  (1879)  Art.  49,  Sec.  10.  City  Code,  (1893)  Art.  50,  Sec.  11. 

6.  The  Appeal  Tax  Court  may  correct  errors  discovered^ 

, 1 1 • 1 n • . ^ . Correction  of 

on  the  assessment  books  m the  description  of  property,  in  errors, 
the  ownership  of  property,  and  errors  in  calculations  and  may 
make  deductions  in  whole  or  in  part,  in  cases  of  loss  by 
fire  or  of  perishable  property,  where  satisfactory  evidence 
of  such  loss  is  given.  The  Appeal  Tax  Court  may  make 
transfers  of  property,  if  the  taxes  are  paid  up  to  and  make  trans- 
including  the  year  in  which  the  transfer  is  proposed  to  be 
made.** 


Ord.  7,  February  8,  1881.  Ord.  71,  April  5,  1893.  City  Code,  (1893) 

Art.  50,  Sec.  71. 

7.  The  Appeal  Tax  Court  is  authorized  and  directed, 
upon  the  application,  as  hereinafter  provided,  of  any  ^ixemption  of 
individual,  firm  or  corporation,  actually  engaged  in  the 
business  of  manufacturing  articles  of  commerce  in  the  city 
of  Baltimore,  to  abate  any  and  all  personal  taxes  which  may 
be  levied  hereafter  by  authority  of  the  Mayor  and  City 
Council  of  Baltimore  for  any  of  the  corporate  uses  thereof, 
upon  any  mechanical  tools  or  implements,  whether  worked 
by  hand  or  by  steam,  or  other  motive  power,  or  upon  any 


**See  note  to  sec.  170,  Charter,  ante,  referring  to  the  case  of  Hoffman 
V.  Sams,  Daily  Record,  January  10,  1905. 


1158 


TAXES— ORDINANCKS. 


[art.  38. 


machinery  or  manufacturing  apparatus  owned  by  such 
^”and  hVwTo®  individual,  firm  or  corporation,  and  actually  employed 
be  allowed,  busiuess  of  manufacturing  articles  of 

commerce  in  the  said  city;  provided,  that  this  section  shall 
not  be  construed  as  exempting  any  manufacturing 
apparatus,  tools  or  machinery  used  in  the  manufacture  or 
generation  of  illuminating  or  other  gas,  or  any  manufactur- 
when  not  to  be  ^pparatus,  tools  or  machinery  used  in  generating  or 
allowed.  producing  electric  light  or  electricity  to  be  used  as  motive 
power,  or  for  any  other  purpose,  or  any  manufacturing 
apparatus,  tools,  type  or  machinery  used  in  the  prepara- 
tion, printing  or  issuing  by  the  printers  or  publishers 
thereof,  of  any  daily  journal  or  other  periodical  publication ; 
and  provided,  that  every  such  application  for  an  abate- 
ment of  taxes  in  any  year  shall  have  been  made  before  the 
annual  revision  and  correction  of  the  tax  lists  for  said 
year,  which  the  Appeal  Tax  Court  is  by  law  required  to 
make,  shall  be  completed  and  returned  to  the  City  Collector. 
Whenever  any  such  application  is  made,  the  property  of 
such  individual,  firm  or  corporation,  including  the  plant, 
tools  or  machinery,  on  which  it  is  desired  to  secure  an 
abatement,  shall  be  examined  and  reassessed  by  one  or 
more  of  the  assessors  of  taxes,  and  a report  made  thereon 
in  writing  by  such  assessor  or  assessors  to  the  Appeal 
Tax  Court.  And  no  application  for  an  abatementof  taxes 
under  the  provisions  of  this  section  shall  be  enter- 
tained by  the  Appeal  Tax  Court,  unless  the  individual 
Applicant  to  OY  iudivlduals  owning  the  plant,  machinery  or  prop- 
thS  an  p‘?op- erty  on  which  an  abatement  is  sought,  if  the  prop- 
hesied. erty  be  owned  by  an  individual,  individuals  or  firm, 
or  the  president,  managing  director  or  general  man- 
ager of  the  corporation  owning  the  same,  if  the  prop- 
erty on  which  the  abatement  is  sought  is  owned  by  a 
corporation,  shall  under  oath  satisfy  the  Appeal  Tax  Court, 
that  such  individual,  individuals  or  corporation,  in  whose 
behalf  the  application  for  the  proposed  abatement  is  being 
made,  has  or  have  assessed  against  it,  him  or  them,  all 
property  belonging  to  it,  him  or  them,  properly  liable  to 
taxation;  nor  unless  the  Appeal  Tax  Court  be  satisfied  that 
all  the  material  statements  made  in  applying  for  such 


ART.  38.]  NEW  IMPROVEMENTS — ORDINANCES. 


1159 


abatement,  are  true  and  hona  fide,  and  that  the  abatement  statement  to  be 

. • 1 bona  fide  and 

asked  tor  is  properly  within  the  terms  ot  this  section;  and  appUcationto 
it  shall  be  necessary  each  year  to  make  a new  and  separate  each  year, 
application  for  the  abatement  of  the  personal  taxes  for 
municipal  purposes  on  any  plant,  manufacturing  apparatus, 
tools  or  machinery,  if  such  exemption  is  desired  for  that  year. 

Consolidated  Gas  Co.  v.  Mayor,  62,  Md.  588.  Electric  Eight  Co.  v. 

Frederick  City,  84  Md.  599. 


Ord.  Ill,  March  20,  1901 . 

8.  Before  the  Appeal  Tax  Court  grants  an  exemption  ah  arrears  of 
from  taxation  of  the  machinery  or  manufacturing  apparatus  S before 
belonging  to  any  individual,  firm  or  corporation,  actually  J?anted.°” 
engaged  in  the  manufacture  of  articles  of  commerce,  the 
said  Court  shall  require  said  individual,  firm  or  corporation 
to  file  with  said  application  a receipted  bill  for  all  taxes 
due  and  unpaid  upon  the  property  of  every  kind  and 
description  belonging  to  said  individual,  firm  or  corporation. 


Ord.  112,  March  20,  1901. 

9.  The  Appeal  Tax  Court  of  Baltimore  City  shall  in  Receipted  bni 
every  case  require  all  persons,  firms  or  corporations  apply- 

ing  to  said  Court  for  an  abatement  of  the  assessed  value  ^mpany^a’p- 
of  any  real  or  personal  property  to  produce  to  said  Court  abatemSnt?’^ 
a receipted  bill  for  all  taxes  due  upon  said  property  for  the 
years  preceding  the  year  in  which  such  application  is  made. 

New  Improvements. 

Ord.  32,  April  1,  1884.  City  Code,  (1893)  Art.  50,  Sec.  21.  Ord.  170, 

March  13,  1899. 

10.  The  Appeal  Tax  Court  is  authorized  and  directed  court  to  assess 
to  have  assessed,  for  taxable  purposes,  all  new  improve-  by^'ocfobS^^^ 
ments  finished  on  or  before  the  first  day  of  October  of 

every  year;  the  said  improvements  to  be  construed  as  fin- 
ished, when  plastering  and  inside  wood-work  are  completed. 

Hopkins  <v.  VanWyck,  80  Md.  15,  17.  See,  Act  1894,  ch.  165. 

As  to  constitutionality  of  tax  exemptions  by  municipal  corporations, 
see,  Wells  Hyattsville,  77  Md.  125. 


1160 


TAXES — ORDINANCES . 


[art.  38. 


Provisos. 

Ord.  7,  February  8,  1881.  City  Code,  (1893)  Art.  50,  Sec.  73. 

Taxable  real  11.  Nothing  herein  contained  shall  be  construed  to 
abated.  authorize  any  abatement  of  taxes  levied  upon  property 
which  is  properly  assessable  and  taxable  as  real  estate. 


City  Code,  (1879)  Art.  49,  Sec.  21.  City  Code,  (1893)  Art.  50,  Sec.  23. 

No  city  tax  on  12.  The  faith  of  the  city  is  pledged,  that  no  tax  shall 

city  stock.  11.  T 11 

be  levied  or  collected  by  the  corporate  authorities  thereof 
on  any  stock  debt  of  said  city. 

Reports. 

Ord.  22,  March  24,  1885.  City  Code,  (1893)  Art.  50,  Sec.  20. 

^^o?thyirpr^^^  13.  The  Judges  of  the  Appeal  Tax  Court  are  requested 
Mayorf^^^  and  required  to  submit,  in  writing,  on  the  first  Monday  in 
each  and  every  month,  a full  and  detailed  report  to  the 
Mayor  and  City  Council  of  all  their  proceedings  during 
the  calendar  month  immediately  preceding  that  in  which 
said  report  is  made;  such  report  to  contain  an  account  of 
all  exemptions  and  abatements  made  by  said  court  during 
the  period  covered  by  such  report  and  the  reasons  therefor; 
all  changes  in  assessments  of  property,  and  any  special 
circumstances  governing  the  action  of  the  court  in  that 
regard;  all  claims  presented  for  the  refunding  of  taxes 
paid  in  error,  and  the  courts’  decision  thereon  and  the 
reasons  therefor;  and  any  and  all  other  matters  coming 
before  said  court  for  adjudication  or  direction,  and  their 
action  thereon;  each  and  all  of  said  reports  shall  be  delivered 
to  the  Mayor  at  the  time  provided  in  this  section  by  the  said 
judges,  and  shall  be  transmitted  by  the  Mayor  to  the  City 
Council  at  their  first  meeting  thereafter. 

Monticello  Dist.  Co.  v.  Balto.,  90  Md.  429. 


Abatements. 

Ord.  63,  March  28,  1893.  City  Code,  (1893)  Art.  50,  Sec.  2C. 

14.  When  all  reports  of  all  new  or  increased  assess- 
aSlLmeSr  nients  shall  be  made  by  the  other  assessors,  they  shall 


ART.  38.]  PERMITS  TO  ERECT  BUIEDINGS — ORDINANCES. 


1161 


notify,  in  writing,  the  chief  assessor  of  the  fact,  and  it 
shall  be  the  duty  of  such  chief  assessor  to  be  present  in 
the  Appeal  Tax  Court  when  the  valuation  of  any  newly 
assessed  property  is  determined,  and  also  when  all  appli- 
cations for  abatements  or  modifications  in  assessments  are 
heard  by  the  Appeal  Tax  Court,  and  it  shall  be  the  duty 
of  the  Appeal  Tax  Court  to  give  such  chief  assessor 
reasonable  notice  of  the  time  when  the  valuation  will  be 
determined  on  any  newly  assessed  property  and  also  of  the  ^XSfonsfJr 
time  of  hearing  all  applications  for  abatements  or  modifi-  abatements, 
cations  in  assessments;  and  it  shall  also  be  the  duty  of  the 
Appeal  Tax  Court  to  afford  such  chief  assessor  an 
opportunity  to  be  heard  on  the  propriety  of  the  proposed 
valuation  of  such  newly  assessed  property  or  of  such 
proposed  abatement  or  modification  of  any  assessment. 


Ord.  63,  March  28,  1893.  City  Code,  (1893)  Art.  50,  Sec.  2D. 

15.  The  Mayor  shall  assign  some  suitable  room  in  the  office  for 
City  Hall  as  the  office  of  the  board  of  assessors,  and  the  assessors. 
City  Librarian  shall  furnish  to  them,  upon  the  requisition 
of  the  chief  assessor,  such  books,  blanks  and  stationery 
as  may  in  the  judgment  of  the  chief  assessor  be  necessary. 


City  Code,  (1879)  Art.  49,  Sec.  14.  Ord.  81,  May  19,  1882.  Supple- 
ment (1885)  Art.  49,  Sec.  14.  City  Code,  (1893)  Art.  50,  Sec.  14. 

Ord.  12,  November  20,  1899. 

16.  The  bailiffs  appointed  by  the  City  Collector  shall  Powers  of  baii- 
have  and  exercise,  under  the  direction  of  the  Appeal  Tax 
Court,  all  the  powers  of  assessors,  as  provided  in  this 
Article,  but  for  their  services  as  assessors  shall  receive  no 
additional  compensation. 


PERMITS  TO  ERECT  BUILDINGS. 

City  Code,  (1879)  Art.  49,  Sec.  22.  City  Code,  (1893)  Art.  50,  Sec.  24. 

17.  It  shall  not  be  lawful  for  any  person,  without  a Must  be  ob- 
permit  from  the  Appeal  Tax  Court,  to  erect  within  the  ippeifTi^ 
limits  of  the  city,  any  building  upon  a new  foundation, 
whether  in  connection  with  an  existing  building  or  not,  or 


1162 


TAXES — ORDINANCES . 


[art.  38. 


Permits  grant- 
ed by  city  to 
be  endorsed 
by  Appeal 
Tax  Court. 


Penalty. 


Description  of 
improve- 
ments to  be 
filed  with 
Court. 


to  pull  down  any  old  building  or  part  of  a building  to  the 
ground,  and  build  upon  the  old  foundation,  or  to  put  an 
additional  story  upon  any  building  or  part  of  a building  by 
increasing  the  height  of  the  walls;  and  any  person  or 
persons  who  may  build  within  the  city  of  Baltimore  shall 
be  required  to  take  out  a permit  for  each  and  every  house 
he  or  they  may  purpose  to  build. 

Bostock  Sams,  95  Md.  400. 


Res.  115,  March  30,  1881.  City  Code,  (1893)  Art.  50,  Sec.  25. 

18.  All  persons  receiving  permission  for  the  erection 
of  any  special  improvement  from  the  Mayor  and  City 
Council  of  Baltimore  shall,  before  commencing  the  erection 
of  the  same,  obtain  the  endorsement  of  the  Appeal  Tax 
Court  on  said  permit. 

Bostock  V.  Sams,  95  Md.  400. 


City  Code,  (1879)  Art.  49,  Sec.  23.  City  Code,  (1893)  Art.  50,  Sec.  26. 

19.  Any  person  or  persons  offending  against  any  of  the 
provisions  of  the  two  next  preceding  sections  shall  be  sub- 
ject to  a fine  of  not  more  than  twenty  dollars  and  not  less 
than  five  dollars,  and  it  shall  be  the  duty  of  the  bailiffs 
employed  in  the  City  Collector's  office  to  attend  to  the 
collection  of  such  fines. 


Ords.  91  and  92,  June  7,  1889.  City  Code,  (1893)  Art.  50,  Sec.  27. 

20.  Whenever  application  accompanied  by  the  payment 
of  the  cost  of  the  advertisement  provided  for  in  section  21, 
of  this  Article  is  made  to  the  Appeal  Tax  Court  for  a per- 
mit or  permits  to  erect  any  new  building  or  buildings  on 
any  street  or  avenue  of  the  width  of  fifty  feet  or  more, 
the  person  or  persons  making  such  application  shall  be 
required,  before  such  permit  or  permits  shall  be  granted, 
to  file  with  the  Appeal  Tax  Court  a plat  accurately  describ- 
ing the  piece  or  parcel  of  ground  to  be  improved,  giving 
the  front  and  depth  thereof,  its  distances  from  the  nearest 
established  corner  of  a street,  lane  or  alley,  and  the  number 
of  improvements  (if  more  than  one)  proposed  to  be  erected 


ART.  38.] 


CITY  COLLECTOR — ORDINANCES. 


1163 


thereon ; also  an  accurate  description  of  the  frontage, 
height,  depth,  material  to  be  used  in  the  proposed  building 
or  buildings  and  the  general  appearance  and  cost  of  same. 

Bostock  n;.  Sams,  95  Md.  4u7. 


Ords.  91  and  92,  June  7,  1889.  City  Code,  (1893)  Art.  50,  Sec.  28, 

21.  It  shall  be  the  duty  of  the  Appeal  Tax  Court  toAdvertise- 
grant  such  permits  on  application,  without  charge,  except  application.s 
as  hereinbefore  provided,  and  to  keep  a record  of  all  per- 
mits  issued ; and  provided  further,  that  before  any  such 
permit  shall  be  granted,  at  least  ten  days'  notice  by  adver- 
tisement inserted  in  some  daily  newspaper  shall  be  given 
by  the  Appeal  Tax  Court  that  application  for  such  permit 
has  been  made.  And  before  any  permit  shall  be  granted 
to  erect  any  building  or  buildings  within  the  limits  of  the 
city  of  Baltimore,  the  applicant  shall  first  satisfactorily; 
prove  to  the  judges  of  the  Appeal  Tax  Court  that  pro- 
vision has  been  made  for  such  drainage  as  the  topography  Drainage, 
of  the  ground  requires. 

Bostock  ‘v.  Sams,  95  Md.  400. 


CITY  COLLECTOR. 

City  Code,  (1879)  Art.  49,  Sec.  28.  City  Code,  (1893)  Art.  50,  Sec.  31. 

Ord.  43,  March  13,  1896. 

22.  The  City  Collector  before  entering  on  the  duties  of 
his  office,  shall  give  bond  to  the  corporation  with  security  Bond, 
to  be  approved  by  the  Mayor  and  presidents  of  the  two 
branches  of  the  City  Council,  or  any  two  of  them,  in  the 
penal  sum  of  one  hundred  thousand  dollars  ($100,000), 
conditioned  for  the  faithful  and  true  performance  of  the 
trust  confided  in  him  and  of  the  duties  required  of  him  by 
the  Acts  of  Assembly  and  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore  now  existing,  or  that  may  hereafter 
be  passed,  and  also  for  the  payment  on  or  before  the  fifth 
day  of  each  and  every  month  to  the  City  Register,  or  such 
other  officer  or  officers,  person  or  persons,  as  may  be 


1164 


TAXES — ORDINANCES . 


[art.  38. 


authorized  to  receive  the  same,  of  all  such  sums  of  money  as 
he  may  have  received  since  the  previous  payment,  with  a 
detailed  statement  to  be  rendered  under  oath,  showing  the 
particular  sources  from  which  the  said  money  was  received.  ** 

Lynn  nj.  Cumberland,  77  Md.  449. 

Subordinates, 

City  Code,  (1879)  Art.  49,  Sec.  59.  Ord.  81,  May  19,  1882.  Ord.  11, 
March  16,  1887.  Ord.  154,  October  18,  1889.  Ord.  166,  May  12, 
1890.  City  Code,  (1893)  Art.  50,  Sec.  62.  Ord.  15,  April  30, 

1897.  Ord.  22,  December  29,  1899.  Ord.  15,  October  23, 

1903.  Ord.  214,  March  6,  1905  Ord.  20,  November 
8,  1905. 

23.  The  City  Collector  shall  receive  as  full  compensation 
Salary  list.  dutios  that  are  now  or  may  hereafter  be  required 

to  be  performed  by  him  by  the  laws  of  the  State  and  ordi- 
nances of  the  city,  the  yearly  salary  of  two  thousand  dollars, 
and  he  shall  have  authority  to  appoint  and  remove  one 
deputy  collector,  whose  duty  it  shall  be  to  take  charge  of 
all  arrears  of  taxes  and  assist  the  City  Collector,  and  whose 
salary  shall  be  twenty-five  hundred  dollars  per  annum  ; 
one  cashier  whose  salary  shall  be  eighteen  hundred  dollars 
per  annum  ; one  assistant  cashier  whose  salary  shall  be 
fifteen  hundred  dollars  per  annum  ; one  book-keeper  whose 
salary  shall  be  sixteen  hundred  dollars  per  annum ; one 
general  cash  book-keeper  whose  salary  shall  be  sixteen 
hundred  dollars  per  annum ; sixteen  ledger  clerks  who 
shall  each  receive  a salary  of  thirteen  hundred  dollars  per 
annum ; one  piece  clerk  who  shall  receive  a salary  of 
thirteen  hundred  dollars  per  annum  ; one  chief  clerk  who 
shall  perform  the  duties  heretofore  performed  by  the 
transfer  clerk  and  in  addition  thereto  shall  have  such 
general  supervision  of  the  ledger  clerks  in  the  office  of  the 
City  Collector  Collector  as  directed  by  the  City  Collector  or  his 
responsive  deputy  and  whose  salary  shall  be  fifteen  hundred  dollars 
subordmates  pgj.  annum ; and  twenty-eight  bailiffs;  all  of  said  appointees 
bond.  being  required  to  comply  with  the  ordinances  of  the  city 


**NoTE. — Ord.  43,  March  13,  1896  was  construed  and  declared  ultra 
vires ^ in  re  Hooper  v.  Creager,  84  Md.  250, 


ART.  38.]  ACCOUNTS  AND  RECORDS — ORDINANCES. 


1165 


in  the  same  manner  as  if  appointed  by  the  Mayor  and  City 
Council  and  for  all  of  their  acts  the  City  Collector  shall  be 
held  responsible  under  his  bond. 


Ord.  66,  June  18,  1900.  Ord.  40,  January  11,  1904. 

24.  The  bailiffs  appointed  by  the  City  Collector  under  Bamffs  to  rem- 
and by  virtue  of  section  23  of  this  Article,  shall  receive  as  per  centum 

' of  bills  col- 

compensation  the  three  per  centum  added  to  bills  for  taxes  lected. 
in  arrears  and  collected  by  the  City  Collector  under  the 
law,  to  be  divided  equally  among  them. 

Accounts  and  Records, 

City  Code,  (1879)  Art.  49,  Sec.  34.  City  Code,  (1893)  Art.  50,  Sec.  37. 

25.  It  shall  be  the  duty  of  the  City  Collector  to  enter  Entries  in  the 
in  the  books  of  his  office  all  accounts  of  taxes  and  money 

to  be  by  him  collected;  also  to  enter  in  said  books  the 
names  of  all  the  owners  of  property  taken  from  the  assess- 
ment list,  with  a particular  description  of  the  same,  and  all 
other  taxable  articles,  with  the  rate  and  amount  of  taxes 
charged  to  each  of  said  owners  ; and  he  shall  also  enter  the 
payments  received,  insolvencies  and  abatements  allowed, 
and  transfers  made  ; and  it  shall  be  the  further  duty  of  said 
City  Collector  to  enter  on  his  ledgers,  alphabetically,  the 
entire  account  of  each  tax-payer,  in  one  place,  so  that  the 
whole  may  be  seen  and  examined  by  the  several  persons  to 
whom  the  taxes  are  assessed. 


City  Code,  (1879)  Art.  49,  Sec.  35.  City  Code,  (1893)  Art.  50,  Sec.  38. 

26.  It  shall  be  the  duty  of  the  City  Collector  daily  to  Daily  deposits 
deposit  to  his  credit,  as  City  Collector,  in  the  banks  desig-  moneys  col- 
nated  by  the  Commissioners  of  Finance  for  the  keeping  of 
the  accounts  of  the  City  Register,  all  monies  collected  by 
him;  and  in  case  of  the  death,  resignation,  removal  or  sus- 
pension from  office  of  the  City  Collector,  the  amount  of 
money  so  deposited  shall  be  drawn  by  the  City  Register, 
upon  an  order  countersigned  by  the  Mayor  and  Comptroller. 


1166 


TAXES — ORDINANCES.  [aRT.  38. 


Collection  of  Annual  Levy. 

City  Code,  (1879)  Art.  49,  Sec.  37.  City  Code,  (1893)  Art.  50,  Sec.  40. 

27.  It  shall  be  the  duty  of  the  City  Collector,  as  soon 
To  separate  US  oach  annual  levy  is  made,  to  separate  the  tax  on  real 
SrioSiT  estate  and  chattels  real,  from  the  tax  on  personal  chattels, 
taxes.  stocks  of  incorporated  institutions  and  other  like  securities, 
in  all  bills  or  charges  issued  by  him  for  the  collection  of 
city  taxes. 


Sales  for  Taxes. 

City  Code,  (1879)  Art.  49,  Sec.  47.  City  Code,  (1893)  Art.  50,  Sec.  50. 

leasehold  and  28.  When  any  lot  or  lots  of  ground,  improved  or  unim- 
be  dis-  proved,  may  be  chargeable  with  the  payment  of  taxes,  and 
tingmshed.  subject  to  ground  rent  or  lease  for  a 

term  of  years,  renewable  forever,  it  shall  be  the  duty  of 
the  City  Collector,  in  the  sale  of  such  lots  for  the  non-pay- 
ment of  taxes  to  sell  the  leasehold  interest  only,  with  the 
improvements  erected  thereon,  if  any;  provided,  however, 
that  in  case  the  said  leasehold  interest  and  improvements 
shall  not  sell  for  the  amount  necessary  to  pay  the  taxes 
due  on  said  lots,  together  with  the  lawful  costs,  charges 
and  interest  as  aforesaid,  then  the  said  City  Collector  shall 
sell  the  whole  fee  simple  of  such  lots;  and  provided  further. 
Sale  of  fee  that  the  provisious  of  this  section  shall  not  apply  in  cases 
simple.  where  the  books  of  the  city  do  not  disclose  the  fact  that 
the  lot  or  lots  are  on  lease  as  aforesaid,  or  unless  the  City 
Collector  shall  have  actual  notice  of  such  lease  prior  to  the 
sale  thereof. 

Mayor  & City  Council  of  Balto.  v.  Whittington,  78  Md.  231.  Balio  v. 
Canton  Co.,  63  Md.  235.  Textor  v.  Shipley,  86  Md.  442. 


Sales  for  Paving  Assessments. 

City  Code,  (1879)  Art.  49,  Sec.  55.  City  Code,  (1893)  Art.  50,  Sec.  58. 

•City  Collector 

dXe^biiis  29.  The  City  Collector  is  required  to  deliver  bills  of  the 
SentTt?'  taxes  assessed  by  the  City  Engineer  according  to  the  pro- 
JeSffgo?^  visions  of  sections  22,  23  and  24  of  Article  35  of  this  Code, 
SSfwLyl  title,  ‘ ‘Streets  and  City  Engineer, ' ' to  the  person  or  persons 


ART.  38.]  SALES  FOR  PAVING  ASSESSMENTS — ORDINANCES. 


116T 


or  corporation  required  to  pay  the  same,  with  a notice, 
that  if  not  paid  within  thirty  days  thereafter,  he  will  pro- 
ceed to  collect  the  same  in  like  manner  as  provided  for 
taxes  in  arrears  on  real  estate. 


City  Code,  (1879)  Art.  49,  Sec.  56.  City  Code,  (1893)  Art.  50,  Sec.  59. 

30.  In  order  to  afford  every  facility  to  tax-payers  in  List  of  proper- 
ascertaining  when  any  of  their  property  has  been  sold  to  taxes  to  be 
pay  taxes  in  arrears  as  aforesaid,  and  that  they  may  have 
the  opportunity  to  redeem  the  same  within  the  time  allowed' 
by  law,  the  City  Collector  is  hereby  required  to  have  lists 
made  out  within  sixty  days  from  the  day  on  which  any 
property  may  be  thus  sold,  with  the  date  of  sale,  name  of 
party  to  whom  assessed,  location  of  property,  amount  of 
taxes  and  costs,  year  or  years  for  which  due,  amount  sold 
for  and  name  of  purchasers,  clearly  stated;  said  lists  to  be 
entered  in  a book  kept  for  the  purpose  in  the  City  Collec- 
tor’s office,  each  entry  embraced  in  a single  line  when 
practicable,  and  open  to  the  inspection  of  parties  interested, 
to  whom  all  explanations  shall  be  made  by  the  City  Col- 
lector, when  so  requested,  to  enable  them  to  identify  their 
property. 


City  Code,  (1879)  Art.  49,  Sec.  57.  City  Code,  (1893)  Art.  50,  Sec.  60. 

31.  Whenever  any  money  is  in  the  care  or  custody  of  city  solicitor 
the  City  Register  or  City  Collector  to  be  paid  to  any  person  wh?i?rLi 
or  persons  whomsoever,  for  or  on  account  of  the  balance  p^SSr^ysoid 
of  the  purchase  money  in  the  sale  of  any  property  for  the  ment°of^^^’ 
non-payment  of  taxes  or  money  due  to  any  person  or  per-  isJ®s1;ments 
sons  for  damages  assessed  for  the  opening  of  any  street, 
lane  or  alley,  or  money  claimed  by  any  person  or  persons 
as  owners  of  any  property  whatsoever,  or  where  an  exam- 
ination of  title  shall  be  necessary  before  the  payment  of 
any  money  by  the  City  Register  or  City  Collector,  the  City 
Solicitor  shall  first  be  satisfied  that  the  person  or  persons 
applying  for  or  claiming  the  payment  of  any  money  by  the 
City  Register  or  City  Collector  is  or  are  the  owner  or 
owners  of  the  property  so  sold  as  aforesaid,  or  upon  which 


11'68 


TAXES — ORDINANCES . 


[art.  38-. 


^to^beS'e  damages  are  awarded  as  aforesaid,  or  upon  which  any 
SJ  o?c\?y ' ^oney  shall  be  so  asked  or  demanded  as  aforesaid,  and  the 
dfSrtIficate  Collector  or  City  Register  shall  not  be  authorized  to 
from  city'^  pay  out  any  such  money  until  he  shall  have  received  the 
Solicitor  certificate  of  the  City  Solicitor  as  aforesaid. 


City  Code,  (1879)  Art.  49,  Sec.  60.  City  Code,  (1893)  Art.  50,  Sec.  63. 

Percentage  32.  The  collector  of  State  taxes  in  the  city  of  Baltimore 
tion  of  state  shall  receive  as  a compensation  for  his  services,  one  per 
centum  on  the  amount  of  State  taxes  collected  by  him,  to 
be  collected  as  provided  for  in  the  Acts  of  Assembly. 

COMPTROLLER. 

Damages  in  Opening  Streets, 

City  Code,  (1879)  Art.  49,  Sec.  61.  City  Code,  (1893)  Art.  50,  Sec.  64. 

Damages  not  33.  It  shall  be  the  duty  of  the  Comptroller,  before 
until  taxes  issuiug  a Warrant  for  the  payment  of  damages  awarded 
pai  . property  condemned  for  the  opening  of  streets,  lanes 
or  alleys,  or  other  public  purposes,  to  require  the  claimant 
or  claimants  to  present  a certificate  from  the  City  Collector 
that  all  taxes  due  thereon  have  been  paid. 

City  Code,  (1879)  Art.  49,  Sec.  62.  City  Code,  (1893)  Art.  50,  Sec.  65. 

^^furnTsh  t^o  shall  be  the  duty  of  the  Comptroller  to  furnish 

the  Appeal  Tax  Court  a description  of  all  lots  of  ground 
SSdemLd  premises  condemned  for  the  opening  of  streets  or 
other  purposes,  and  for  which  damages  have  been  awarded 
and  paid,  also  of  all  lots  or  parcels  of  ground  and  improve- 
ments purchased  or  sold  by  the  city,  to  enable  the  Appeal 
Tax  Court  to  abate  the  property  purchased,  or  assess  that 
which  has  been  sold  to  the  purchaser  or  purchasers  thereof. 

Tax  Sales. 

Ord.  45,  April  5,  1880.  City  Code,  (1893)  Art.  50,  Sec.  66. 

Proceedings  35.  Whenever  the  City  Collector  shall  sell  at  public 
b?y" prosper- auction,  for  the  non-payment  of  taxes,  any  lot  or  parcel  of 
ty  at  tax ground,  improved  or  unimproved,  of  which  the  city  of 


ART.  38.] 


TAX  sales — ORDINANCES. 


1169 


Baltimore  shall  become  the  purchaser  at  such  sale,  and 
which  shall  not  be  redeemed  by  the  owner  or  owners 
thereof,  or  other  persons  having  an  interest  or  estate 
therein,  within  one  year  and  a day  from  the  time  of  such 
sale,  it  shall  be  the  duty  of  the  City  Collector  to  procure  a 
final  ratification  of  said  sale  by  the  Circuit  Court  of  Balti- 
more City,  and  within  thirty  (30)  days  thereafter  to  make 
and  execute  a proper  deed  and  conveyance  of  said  property  ^Iny^tocSiy. 
to  the  Mayor  and  City  Council  of  Baltimore,  and  to  deliver 
said  deed  to  the  Comptroller,  taking  his  receipt  therefor. 


Ord.  45,  April  5,  1880.  City  Code,  (1893)  Art.  50,  Sec.  67. 

36.  It  shall  be  the  duty  of  the  Comptroller  upon  re- 
ceiving a deed  from  the  City  Collector,  as  provided  in  the  ^?|^orded  in 
next  preceding  section,  of  any  property  so  purchased  by 
the  city  of  Baltimore,  at  any  sale  for  taxes,  to  have  said  Land  Re?-^ 
deed  copied  into  a book  kept  in  his  office  for  the  purpose, 
and  also  duly  recorded  among  the  land  records  in  the 
clerk’s  office  of  the  Superior  Court  of  Baltimore  City,  and 
when  recorded,  to  keep  and  file  the  original  deed  in  the 
Comptroller’s  office. 


Orel.  45,  April  5,  1880.  City  Code,  (1893)  Art.  50,  Sec.  68.  Ord.  20, 

December  24,  1901 . 

37.  It  shall  be  the  duty  of  the  Comptroller  within  sixty  comptroller  to 
days  after  receiving  the  deed  for  any  property  sold  for  p?opeTtyat 
taxes  from  the  City  Collector,  as  hereinbefore  provided,  to  pdvate^saie 
offer  the  property  included  in  and  conveyed  by  said  deed  i^ng 
at  public  or  private  sale,  with  the  approval  of  the  Commis-  ^thin°5xty 
sioners  of  Finance.  And  if  at  private  sale  a sum  not  less  after.^^^^^' 
than  the  amount  of  taxes  due  on  said  property,  together 
with  the  cost  of  sale  and  interest,  shall  be  offered  for  said 
property,  should  the  former  owner  be  known,  then  and  in 
that  event  said  owner  should  be  notified  of  the  amount  of 
said  offer  and  given  the  option  of  buying  said  property  at 
said  price,  and  upon  payment  of  the  purchase  money  the 
Mayor  is  authorized  and  directed  to  deliver  to  the  pur- 
chaser a proper  deed  for  the  same;  provided,  however. 


1170 


TAXES — ORDINANCES. 


[art.  38. 


that  whenever  any  such  private  sale  shall  be  made  under 
the  powers  hereby  given  no  title  shall  pass  nor  shall  said 
deed  be  delivered  unless  notice  shall  have  been  given  by 
the  Comptroller  by  advertisement  published  once  a week 
weeks  in  some  daily  newspaper  published  in  Balti- 
privatesaie.  niore  city,  giving  notice  of  said  sale  and  warning  all 
persons  to  file  objections,  if  any  they  have,  with  the 
Comptroller  why  said  sale  should  not  be  made.  Should 
objections  be  filed  within  the  required  time,  the  matter 
When  objec-  shall  be  referred  to  the  City  Solicitor  for  such  proceed- 
fiied!  prac-  as  may  be  necessary  to  determine  the  sufficiency 

tice.  thereof. 


Ord.  45,  April  5,  1880.  City  Code,  (1893)  Art.  50,  Sec.  69. 

:eportto  38.  The  Comptroller  shall  report  to  the  judges  of  the 
Appeal  Tax  Court,  all  property  that  may  be  sold  by  him 
under  the  provisions  of  sections  35  to  37  inclusive  of  this 
Article,  with  the  names  of  the  purchasers  thereof,  in  order 
that  the  same  may  be  properly  assessed  to  the  owners. 


39.  All  fines  and  penalties  incurred  by  the  violation  of 
^ln°erind  ^ any  of  the  provisions  of  this  Article  for  the  recovery  of 
penalties,  provision  is  made  herein,  shall  be  recovered  as 

other  fines  and  penalties  imposed  by  the  Mayor  and  City 
Council  of  Baltimore  are  recoverable,  and  when  collected 
shall  be  paid  to  the  Comptroller. 


ART.  39.]  TOPOGRAPHICAL  SURVEY— ORDINANCES. 


1171 


ARTICLE  XXXIX. 

TOPOGRAPHICAL  SURVEY. 

ORDINANCES. 


Geodetic  and  Topographical 
Surveys  of  Baltimore  City, 

1.  Comprehensive  surveys  to  be 
made ; territory  to  be  sur- 
veyed ; maps  to  be  prepared ; 
what  maps  shall  show ; sur- 
ve}^  beyond  city  limits  ; not  to 
exceed  one  mile. 

Plats. 

2 Plats  to  be  made  from  surveys 
and  bound  in  atlas  form  for 
use  of  city  departments ; what 
plats  shall  show. 

Board  of  Commissioners. 

3.  Whom  to  constitute  ; Hoard  to 

prescribe  general  plan  for  the 
work ; to  report  progress  to 
Mayor  and  City  Council. 

Chief  Engineer  Topographical 
Survey. 

4.  Board  to  appoint  chief  « ngineer 

and  assistants. 


Plan  of  Streets  in  Annex. 

5.  Said  plan  hereby  adopted. 

6.  Survey  to  make  map  of  said 

plan  ; what  map  shall  show. 

7.  Ciiy  not  to  assume  ownership 

of  street^,  et'*.,  in  Annex  by 
adoption  of  said  plan. 

Numbering  Houses  in  Annex. 

8.  Decimal  system  of  numbering 

to  be  used  ; block  numbers  to 
be  shown  on  official  map. 

9.  All  numbering  in  Annex  to 

conform  hereafter  to  said 
system . 

10.  Penaltv  for  numbering  other- 

wise. 

11.  Correction  of  errors  and  irreg- 

ularities to  be  made  under 
direction  of  Inspector  of 
Buildings. 


GEODETIC  AND  TOPOGRAPHICAL  SURVEYS  OF 
BALTIMORE  CITY. 

Ord.  98,  April  26  1^93.  City  Code,  (1893)  \rt.  1,  Sec.  6S 

1.  Thorough,  accurate  and  comprehensive  geodetic  and 
topographical  surveys  shall  be  made  of  the  cTy  of  Balti- 
more, beginning  with  the  recently  annexed  territory,  and 
from  such  surveys,  official  maps  shall  be  prepared  on  a 
scale  sufficiently  large  to  show  clearly  the  following  de- 
tails: all  streets  and  alleys  as  now  laid  out,  with  their 


Geodetic  and 
ioi)0«r;iphi- 
cal  survey.s 
t<>  be  made — 
official  maps 
and  plats  to 
be  prepared. 


1172 


TOPOGRAPHICAL  SURVEY — ORDINANCES.  [arT.  39. 


Plats  to  be 
made  and 
bound  in 
atlas  form. 


width  between  the  building  lines;  the  elevation  of  streets 
above  mean  tide  at  street  corners,  or  at  other  points,  as 
may  be  necessary;  the  dimensions  of  blocks  in  feet  and 
inches;  all  streets  not  yet  opened  to  be  located  by  dotted 
lines  and  their  grades  established,  with  a view  of  conforming 
to  an  uniform  system  of  surface  drainage  or  underground 
sewerage,  and  the  survey  made  of  the  unimproved  and 
undeveloped  portions  of  the  city  shall  be  such  that  there 
may  be  defined  on  said  map  all  streams,  water  courses, 
highways,  boundary  lines  of  farms  or  estates,  with  the 
names  of  the  owners  thereof;  the  undulations  of  the 
ground  to  be  shown  by  contour  lines  representing  the 
different  elevations  in  a manner  to  enable  the  establish- 
ment of  grades,  locations  of  sewers,  &c. ; and  should  the 
commissioners,  provided  for  in  section  3 of  this  Article 
deem  it  advisable  to  extend  said  topographical  survey  be- 
yond the  present  city  limits,  they  are  hereby  authorized 
and  empowered  to  do  so;  provided,  however,  that  said 
extended  survey  shall  not  embrace  any  territory  located 
more  than  one  mile  beyond  the  present  city  limits. 


Plats. 

Ord.  98,  April  26,  1893.  City  Code,  (1893)  Art.  1,  Sec.  69. 

2.  Plats  shall  be  also  made  from  said  surveys  and  bound 
in  atlas  form  for  the  use  of  the  Tax  Department,  City 
Engineer’s  Department,  City  Surveyor,  and  Commissioners 
for  Opening  Streets,  and  such  other  departments  of  the 
city  government  as  may  be  necessary;  said  plats  to  be 
made  upon  a scale  sufficiently  large  to  show  in  addition  to 
the  matters  contained  in  the  general  official  map,  the  fol- 
lowing details,  viz:  the  dimensions  of  each  lot  or  tract  of 
land  embraced  in  the  city,  with  the  character  of  the  im- 
provements thereon;  the  location  of  all  sewers,  with  their 
dimensions;  the  system  of  water  supply,  with  the  location 
of  fire  plugs;  all  corporation  buildings,  such  as  school 
houses,  station  houses,  etc.;  all  railway  lines,  and  such 
other  details  as  may  be  considered  requisite. 


ART.  39.]  PTAN  OF  STREETS  IN  ANNEX — ORDINANCES.  1173 

Board  of  Commissioners. 

Orel.  98,  April  26,  1893.  City  Code,  (1893)  Art.  1,  Sec.  70. 

3.  The  Mayor,  the  Comptroller  and  the  City  Register  Ma^yor^con^^^^ 
are  hereby  constituted  a Board  of  Commissioners,  who,  or  gty^Register 
a majority  of  whom,  shall  prescribe  or  approve  the  general  of  commis- 
method  to  be  pursued  in  all  work  done  under  the  provisions 
of  this  Article,  both  as  to  field  work  and  maps,  and  also  as 
to  details  required  by  the  several  departments,  and  they 
shall  report  from  time  to  time  to  the  Mayor  and  City  Coun- 
cil as  to  the  progress  of  the  work. 


Chief  Engineer  Topographical  Survey. 

Ord.  98,  April  26,  1893.  City  Code,  (1893)  Art.  1,  Sec.  71. 

4.  The  said  Board  of  Commissioners  are  hereby  author-  Appointment 
ized  to  appoint  an  engineer  of  experience,  reputation  and  gLeer'Ind 
ability,  with  necessary  assistants,  who  shall  have  direct 
charge  of  the  work,  and  to  fix  the  compensation  of  said 
engineer  and  his  assistants. 


Plan  of  Streets  in  Annex. 

Ord.  129,  December  3,  1898. 

5.  The  plan  or  scheme  of  streets,  avenues,  lanes,  etc. , pian  for  the 
in  the  territory  annexed  to  the  city  of  Baltimore  by  the  IJnY^ 
Act  of  1888,  Chapter  98,  which  plan  or  scheme  has  just 
been  completed  by  the  Topographical  Survey  of  the  city 
of  Baltimore,  is  hereby  adopted. 


Ord.  129,  December  3,  1898. 

6.  The  Topographical  Survey  is  directed  to  proceed  Map  to  be 
with  the  preparation  of  a map  (based  on  said  plan  or 
scheme)  of  said  proposed  streets,  lanes,  avenues,  alleys, 
etc. , showing  the  length  and  width  of  blocks,  as  well  as 
the  widths  of  all  streets,  avenues,  alleys,  lanes,  etc.,  as 
well  as  a general  system  of  grades. 


1174 


TOPOGRAPHICAI,  SURVEY — ORDINANCES.  [arT.  39. 


Ord.  129,  December  3,  1898. 

adopting  such  plan  and  map  it  is  expressly  under- 
ofstreets.etc.  that  the  Mayor  and  City  Council  of  Baltimore  in  no 
way  assumes  any  ownership  over  or  recognizes  as  public, 
any  street,  avenue,  alley,  lane,  etc.,  in  said  territory, 
except  such  streets  as  have  been  made  public  by  due 
course  of  law. 

Numbering  Houses  in  Annex. 

Ord.  195,  April  22,  1899,  Sec.  1. 

Houses  in  the  8.  The  Topographical  Survey  of  the  city  of  Baltimore 
numbered  ^ is  hereby  directed  (as  provided  for  under  Chapter  431 
system.  section  2,  of  the  Acts  of  the  General  Assembly,  passed  at 
the  January  Session,  1886)  to  extend  the  decimal  system 
of  numbering  houses  into  the  territory  annexed  to  the  city 
of  Baltimore  by  the  Act  of  1888,  Chapter  98;  said  system 
to  regularly  follow  the  system  defined  in  1886,  by  Ordin- 
ance 78,  section  2,  and  show  the  block-numbers  on  the 
official  map  now  being  prepared. 


Ord.  195,  April  22,  1899,  Sec.  2. 

Numbering  0,  yow  of  houses  or  seHes  of  buildings  now  erected 

contrary  to  ^ 

sy^'lem  or  in  process  of  erection,  or  hereafter  to  be  erected  in 
any  part  of  said  annex,  shall  be  numbered,  or  by  figures  or 
letters  or  names  distinguished  in  any  way,  differently  from 
or  in  violation  of,  the  system  so  prepared. 

Ord.  195,  April  22,  1899,  Sec.  3. 

Penalty.  10.  Any  person  or  persons  failing  to  comply  with,  or 

violating  any  of  the  provisions  of  the  two  next  preceding 
sections  of  this  Article  shall  be  subject  to  a fine  of  five 
dollars  ($5)  for  each  offence;  said  fines  to  be  recovered  as 
other  fines  are  recovered. 


Ord.  195,  April  22,  1899,  Sec.  4. 

•Correction  of  11.  All  buildings  are  to  be  numbered,  and  all  errors  and 
frre°guiSri?  irregularities  corrected  under  the  direction  of  the  Inspector 
of  Buildings  as  provided  under  Ordinance  59,  approved  July 
10,  1897,  codified  as  section  120  of  Article  3,  of  this  Code. 


ART.  40.] 


WATER — ORDINANCES . 


1175 


ARTICLE  XL. 

WATER. 

ORDINANCES. 


Water  Board. 

1.  Power  to  make  regulations  for 

protection  of  pipes  and  other 
property  of  water  works ; to 
fix  and  enforce  penalties  for 
violation  of  same ; to  make 
and  enforce  regulations  for 
preservation  of  purity  of 
water. 

2.  Records  to  be  kept  in  office  of 

board  ; accounts  to  be  posted 
showing  transactions  of  board; 
to  report  to  City  Council  annu- 
ally; what  report  shall  show; 
report  of  Water  Engineer. 

■ 3.  May  require  bonds  of  subordi- 
nates in  its  sub-department. 

Collector  of  Water  Rents  and 
Licenses. 

4.  Duties  of  Collector  and  subord- 

inates ; to  keep  records ; pre- 
pare bills  for  water  furnished  ; 
collection  of  funds  on  account 
of  water  supply;  payment  of 
same  to  Comptroller. 

Water  Charges  and  Rates. 

Bills. 

5.  When  to  be  due;  discount; 

rates  of  discount ; no  discount 
after  first  of  September ; bills 
unpaid  by  first  of  October  to 
be  collected  the  same  as  over- 
due taxes. 

6.  Rates,  terms,  fines,  discounts, 

etc.,  to  be  printed  on  backs  of 
bills. 


7.  Parties  using  water  for  building 

to  notify  Collector  of  comple- 
tion of  such  building;  penalty. 

A batenients. 

8.  When  abatements  may  be  made; 

notice  to  be  given  Collector ; 
abatement  where  bills  paid  in 
advance. 

Bills  in  Arrears. 

9.  Water  may  be  shut  off  when  bills 

in  arrears  ; fee  for  turning  on 
water  ; owners  of  property  lia- 
ble for  water  rents ; penalty 
for  unauthorized  use  of  water; 
proviso  as  to  cases  of  necessity; 
penalty  for  tapping  pipes. 

10.  Penalty  for  making  connec- 

tions with  pipes  or  using 
water  after  it  is  shut  off. 

11.  Officers  and  employes  to  report 

wrongful  use  of  water. 

12.  Penalty  for  obstructing  Water 

Engineer  or  agent  of  Water 
Board . 

Fountains. 

13.  Water  Board  may  erect  same. 

14.  Fountains  to  be  erected  when 

removal  of  pumps  deprives 
locality  of  water:  construc- 
tion of  such  fountains. 

15.  Conditions  under  which  foun- 

tains are  to  be  erected. 

Hydrants. 

Fire  Hydrants. 

16.  Use  of  same  in  flushing  gutters. 


1176 


WATKR — ORDIN  AN  CKS . 


[art.  40. 


17.  Penalty  for  injury  to,  or  unau- 

thorized use  of  fire  plugs. 

Obstruction  of  Hydrants,  Etc. 

18.  Penalty  for  placing  barrels  or 

casks  or  other  obstructions 
too  near  to  hydrants. 

Yard  Hydrants. 

19.  Wasting  water  forbidden  ; pen- 

alty for  causing  injury  or  in- 
convenience to  public  through 
wasting  water. 

20.  H}'drants  discharging  waste 

water  into  ground  not  to  be 
erected ; penalty. 

21.  Principle  of  hydrant  to  be  ap- 

proved by  Water  Board; 
penalty. 

Injuring  Water  Works, 

22.  Any  act  resulting  in  injury  to 

water  works  prohibited; 
penalty. 

Opening  Street  Surface  and 
Laying  Pipes. 

23.  Power  to  lay  pipes  under  and 

along  streets ; may  dig  up, 
open,  etc.,  streets;  to  re- 
pair and  restore  streets,  etc., 
so  opened, 

24.  Pipes  to  be  laid  and  repaired 

without  delay  ; streets  to  be 
immediately  restored ; stone, 
earth,  sand,  etc,,  to  be  re- 
moved without  delay. 

25.  Defective  pipes  to  be  promptly 
repaired. 

26.  What  pipes  are  to  be  repaired 

by  board ; notice  of  de- 
fects ; duty  to  repair  on  no- 
tice; repair  of  pipes  on  private 
premises ; penalty  for  ob- 
structing board. 


Opening  and  Restoring  Pavements. 

27.  Upon  default  therein  by  Water 

Board,  City  Engineer  to  re- 
pair and  repave  same  after 
notice  to  board. 

28.  No  pavements  to  be  removed 

for  introduction  of  water  pipes 
without  permit  from  board  ; 
replacing  same  to  be  under 
control  of  City  Engineer ; 
penalty. 

29.  Duty  of  board  where  repaving 

improperly  done  by  it ; nec- 
essary repaving  at  expense 
of  board. 

30.  Water  stops  of  private  pipes  in 

streets  to  be  marked  by  paver 
or  contractor ; penalty  for 
neglect  to  so  mark  stops. 

31.  Water  stops  in  pavements  or 

footways  to  be  likewise 
marked ; penalty. 

Pumps. 

Injuries  to  Pumps. 

32.  What  to  constitute  injury;  pen- 

alty for  same. 

Private  Pumps. 

33.  Persons  erecting  to  comply 

with  instructions  of  Water 
Engineer  ; use  of  pumps  and 
wells  on  highways  to  be  free 
to  public. 

34.  Private  pumps  to  be  cared  for 

by  owners  of  property  on 
which  erected  ; responsibility 
to  follow  property ; proviso 
as  to  pumps  ceded  to  city. 

35.  Penalty  for  violation  of  pro- 

visions of  this  sub-division. 

Removal  of  Pumps. 

36.  To  place  signs  on  condemned 

pumps;  fountains  to  be  placed 
when  such  pumps  are  re- 
moved. 


ART.  40.] 


WATER  BOARD — ORDINANCES. 


1177 


37.  Water  Engineer  to  remove 

pumps  where  not  needed  on 
written  consent  of  property 
owners  within  one  square  of 
such  pumps. 

Wells. 

Abandoned  Wells. 

38.  To  be  securely  covered  with 

stone  platforms  and  repaved. 

39.  Piece  of  granite  or  marble  to 

be  placed  over  site  of  removed 
pumps. 

40.  Penalty  for  failure  to  replace 

such  mark  or  stone  when  re- 
pairing pavement. 


Condemned  Wells. 

41.  Water  Engineer  to  prevent  use 

of  water  from  same  ; to  place 
sign  stating  that  water  is  unfit 
for  use. 

42.  When  Water  Engineer  shall 

connect  springs  with  water 
mains. 

43.  Recovery  of  fines  and  penalties 

imposed  under  the  provisions 
of  this  Article. 


WATER  BOARD. 

City  Code,  (1879)  Art.  53,  Sec.  1.  City  Code,  (1893)  Art.  54,  Sec.  1. 

Ord,  26,  March  9,  1896. 

1.  The  Water  Board  shall  have  power  to  make  and  pass  powers  in  reia- 
all  rules  and  regulations  for  the  government  of  the  board,  eVvationS'^ 
the  laying  and  tapping  of  pipes,  or  for  the  protection  and  water  works 
preservation  of  the  said  pipes,  or  other  property  and  ervation  of 
appurtenances  of  the  water  works  ; and  to  affix  penalties,  wa?e?.  ° ^ ^ 
and  to  enforce  the  same  for  any  violation  of  their  rules 
and  regulations;  it  shall  also  have  power  to  adopt  all  nec- 
essary regulations  to  preserve  the  purity  of  the  water,  and 
to  enact  and  enforce  such  rules,  regulations  and  penalties 
as  they  may  deem  necessary,  in  accordance  with  the 
provisions  of  this  Code. 


City  Code,  (1879)  Art.  53,  Sec.  3.  City  Code,  (1893)  Art.  54,  Sec.  3. 

2.  The  said  Water  Board  shall  arrange  and  keep  all  the  Records, 
title  papers,  and  copy  the  same  in  a book  to  be  kept  in  the 
office.  The  board  shall  provide  suitable  books  in  which  the 
general  accounts  shall  be  regularly  posted,  showing  an 
aggregate  of  all  the  transactions  of  the  department;  and  a 
statement  of  said  general  accounts  shall  be  made  at  each 
monthly  meeting  of  the  board.  And  on  or  before  the 


1178 


WATER — ORDINANCES . 


[art.  40. 


twenty-fifth  day  of  January,  annually,  the  board  shall 
present  to  the  City  Council  a report  containing  a full 
Annual  report,  statement  of  the  condition  of  the  water  works,  and  of  the 
lands  and  other  property  connected  therewith,  with  a 
statement  of  the  general  accounts,  and  of  all  receipts  and 
expenditures  for  the  preceding  year,  together  with  any 
information  or  suggestions  the  Water  Board  may  deem 
important.  And  they  shall  at  the  same  time  transmit  to 
the  City  Council  the  annual  report  of  the  Water  Engineer. 


Ord.  46,  April  5,  1880.  City  Code,  (1893)  Art.  54,  Sec.  5. 

^bond'^S^b-  3.  The  Water  Board  may  require  of  any  and  all  sub- 
ordinates  employed  in  its  sub-department,  such  bond  for 
department.  faithful  performance  of  their  duties,  as  may  in  the 
judgment  of  said  board  be  proper;  such  bonds  to  be 
approved  by  the  Mayor. 


COLLECTOR  OF  WATER  RENTS  AND  LICENSES. 

City  Code,  (1879)  Art.  53,  Sec.  6.  City  Code,  (1893)  Art.  54,  Sec.  6. 

Appointment.  The  Collector  of  Water  Rents  and  Licenses,  with  the 

assistance  of  his  subordinates,  shall  assess  the  water-rates 
on  all  buildings  where  the  rates  are  established  by  law; 

Duties.  and  with  the  assistance  of  his  subordinates,  shall  keep 
suitable  books,  in  which  shall  be  entered  all  transactions 
of  his  department,  the  names  of  all  persons  who  take  the 
water,  the  kind  of  building,  the  name  and  number  of  the 
street,  the  number  of  taps,  and  the  amount  charged,  the 
names  of  the  owners  of  all  buildings,  with  the  street  and 
number  of  the  building,  and  the  front  feet.  He  shall  in 
due  time  prepare  bills  for  rents  and  other  accounts  due  the 
city  in  relation  to  its  water  supply  and  require  his  collec- 
tors to  deliver  said  bills  and  accounts  promptly;  and  he 
shall  supervise  all  books  and  accounts  kept  in  his  office. 
All  funds  received  from  every  source  on  account  of  the 
water  supply  shall  be  paid  to  the  Collector  of  Water  Rents 
and  Licenses,  and  the  same  shall  be  paid  over  daily  to  the 
Comptroller. 


ART  40.]  WATER  CHARGES  AND  RATES— ORDINANCES. 


1179 


WATER  CHARGES  AND  RATES. 

Bills. 

City  Code,  (1879)  Art.  53,  Sec.  15.  City  Code,  (1893)  Art.  54,  Sec,  15. 

Ord.  4,  December  3,  1897. 

5.  All  charges  for  water  rates  shall  be  made  for  the 
current  calendar  year,  and  shall  be  due  and  payable 
yearly  in  advance  on  the  first  day  of  January  in  each  and 
every  year;  and  all  bills  for  water  rates  charged  by  the 
year  shall  be  entitled  to  such  discount,  if  any,  as  the 
Collector  of  Water  Rents  and  Licenses  shall  determine; 
provided,  however,  that  no  greater  discount  shall  be 
allowed  than  is  hereinafter  recited,  viz:  if  paid  at  the  office 
of  the  Collector  of  Water  Rents  and  Licenses  on  or  before 
the  first  day  of  March  a discount  of  five  per  cent. ; if  paid 
on  or  before  the  first  day  of  April,  four  per  cent. ; if  paid  on 
or  before  the  first  day  of  May,  three  per  cent. ; if  paid  on 
or  before  the  first  day  of  July,  two  per  cent. ; if  paid  on  or 
before  the  first  day  of  September,  one  per  cent.  No  dis- 
count shall  be  made  after  the  first  day  of  September,  and 
all  bills  not  paid  on  or  before  the  first  day  of  October 
shall  be  placed  in  the  hands  of  collectors  and  shall  then  be 
collected  in  the  same  manner  and  subject  to  the  same 
costs  as  the  City  Collector  is  or  may  be  authorized  to 
demand  in  collecting  taxes  overdue,  or  they  may  be 
collected  as  other  small  debts  are  collected,  before  a Justice 
of  the  Peace. 

City  Code,  (1879)  Art.  53,  Sec.  23.  City  Code,  (1893)  Art.  54,  Sec.  24. 

6.  The  Collector  of  Water  Rents  and  Licenses  is  hereby ^ 

. • 1 1 -1  1 1 r.  Rates  to  be 

authorized  and  required  to  have  printed  on  the  back  of  panted  on 

back  of  bil 

each  bill  distributed  to  the  water  consumers,  the  tariff  of 
rates  upon  which  water  is  served  to  them,  together  with 
the  terms,  discounts,  fines  and  penalties  prescribed  in  this 
Article. 


City  Code,  (1879)  Art.  53,  Sec.  18.  City  Code,  (1893)  Art,  54,  Sec.  18. 

7.  Parties  using  water  for  building  purposes  shall, 
within  one  week  after  the  completion  of  the  building  or 


1180 


WATER — ORDINANCES . 


[art.  40. 


Notice  to  Col- 
lector of 
AVater  Rents 
and  Licenses 
of  comple- 
tion of 
buildings. 


When  abate- 
ments may 
be  made. 


Shutting  off 
water. 


Wrongful  use 
of  water. 


buildings,  certify  the  fact  to  the  Collector  of  Water  Rents 
and  Licenses,  under  a penalty  of  ten  dollars  for  failure  or 
neglect  to  do  so. 


Abatements. 

Ord.  42,  March  31,  1880.  City  Code,  (1893)  Art.  54,  Sec.  21. 

8.  No  abatement  of  charges  for  water  rents  shall  be 
made  unless  the  property  be  reported  at  the  office  of  the 
Collector  of  Water  Rents  and  Licenses  as  vacant  by  notice 
in  writing,  and  the  supply  has  been  stopped  off  for  three 
months;  all  abatements  must  be  made  at  the  office  of  the 
Collector  of  Water  Rents  and  Licenses,  and  where  parties 
have  paid  their  bills  in  advance,  the  Collector  of  Water 
Rents  and  Licenses  may  direct  the  amount  of  the  abate- 
ment to  be  returned;  but  no  abatement  shall  be  made 
unless  the  applicant  shall  show  that  notice  of  vacancy  has 
been  given  at  the  office  of  the  Collector  of  Water  Rents  and 
Licenses  as  aforesaid. 

Bills  in  Arrears. 

City  Code,  (1879)  Art.  53,  Sec.  21.  City  Code,  (1893)  Art.  54,  Sec.  22. 

9.  All  bills  in  arrears  may  be  deemed  a sufficient 
reason  for  stopping  the  water  until  all  arrears  are  paid ; 
whenever  the  water  is  stopped  off  for  non-payment  of 
water-rents,  one  dollar  shall  be  paid  to  the  Collector  of 
Water  Rents  and  Licenses  before  the  supply  is  turned  on 
again;  the  owners  of  property  will  in  all  cases  be  held 
responsible  for  the  payment  of  water  rents;  all  persons 
using  the  hydrant  water  without  the  knowledge  of  the 
Collector  of  Water  Rents  and  Licenses,  and  all  persons 
permitting  their  neighbors  not  entitled  to  use  the  water 
without  a written  permit,  will  be  subject  to  a fine  of  not 
less  than  one  dollar  nor  more  than  three  dollars  for  each 
offence;  and,  in  such  cases,  the  Water  Engineer  shall  shut 
off  the  water  from  the  premises  of  all  such  persons; 
and  no  person  or  persons  will  be  permitted  to  introduce 
the  hydrant  water  on  his,  her  or  their  premises,  without 
the  authority  of  the  Water  Board,  and  in  case  of  discovery, 


ART.  40.]  WATER  CHARGES  AND  RATES — ORDINANCES. 


1181 


the  water  shall  be  stopped  off ; provided,  that  nothing  in 
this  section  contained  shall  be  so  construed  as  to  prevent 
any  citizen  from  furnishing  water,  in  necessitous  cases, 
in  quantities  not  exceeding  two  gallons.  Any  person 
tapping,  or  causing  to  be  tapped,  any  pipe  belonging  to  the 
city,  or  any  private  pipe  connecting  with  the  city  pipe,  shall 
be  subject  to  a fine  of  twenty  dollars. 


Ord.  43,  April  5,  1880.  City  Code,  (1893)  Art.  54,  Sec.  42. 

10.  Should  any  person  or  persons,  occupant  or  occu- Penalty  for 
pants,  of  any  house  or  tenement,  make  connection  with  any  nections  or 
pipe  or  pipes,  belonging  to  the  city,  or  turn  or  let  on  the  US? lus  ^ 
water  to  his  or  their  premises,  knowing  the  same  to  be  ° 
turned  off  by  an  officer  of  the  Water  Board,  without  the 
written  consent  of  the  Water  Engineer;  or  if  any  such 
person  or  persons,  occupant  or  occupants,  shall  use  the 
water  of  the  city  after  the  same  shall  be  wrongfully  intro- 
duced, or  turned  on,  as  aforesaid,  he,  she  or  they  shall 
forfeit  and  pay  a sum  of  not  less  than  one  dollar  nor 
more  than  twenty  dollars. 


City  Code,  (1879)  Art.  53,  Sec.  22.  City  Code,  (1893)  Art.  54,  Sec.  23. 

11.  And  all  the  officers  and  employes  of  the  Water  officers  and 

1/^  employes  to 

Board  are  hereby  directed  to  report  at  the  office  of  the 
Collector  of  Water  Rents  and  Licenses  all  cases  coming  to  of  water, 
their  knowledge  of  persons  using  the  hydrant  water  without 
authority,  as  provided  in  the  two  next  preceding  sections. 


City  Code,  (1879)  Art.  53,  Sec.  43.  City  Code,  (1893)  Art.  54,  Sec.  43. 

12.  Should  any  person  or  persons,  occupant  or  occu-  Refusal  to  per- 
pants,  refuse  to  permit  the  Water  Engineer  or  any  subor-  Eig^elr’^or 
dinate  or  agent  of  the  Water  Board  to  visit  his,  her  or 
their  premises,  when  in  the  official  discharge  of  his 
duty,  he,  she  or  they  shall  forfeit  and  pay  a sum  of  not 
less  than  one  dollar  nor  more  than  ten  dollars. 


1182 


WATER — ORDINANCES . 


[art.  40. 


Water  Board 
may  erect. 


Water  En- 
gineer to 
erect 

fountains. 


How  to  be 
constructed. 


Flushing 

gutters. 


FOUNTAINS. 

City  Code,  (1879)  Art.  53,  Sec.  46.  City  Code,  (1893)  Art.  54,  Sec.  46. 

13.  The  Water  Board  is  authorized  and  empowered, 
whenever  in  their  judgment  it  shall  be  necessary,  to  erect 
or  cause  to  be  erected,  under  the  supervision  of  the  Water 
Engineer,  public  fountains  for  the  use  of  human  beings 
and  dumb  animals,  in  such  localities  throughout  the  cor- 
porate limits  of  the  city  of  Baltimore  as  will  best  subserve 
the  public  interests. 


Ord.  97,  October  28,  1879.  City  Code,  (1893)  Art.  23,  Sec.  12. 

14.  Whenever  any  pump  shall  have  been  removed  in 
pursuance  of  the  provisions  of  this  Article  and  of  sections 
127  of  Article  14  of  this  Code  title  “Health,’^  and 
the  removal  thereof  shall  deprive  the  residents  of  the 
locality  of  the  use  of  water,  it  shall  be  the  duty  of  the 
Water  Engineer  to  erect,  in  lieu  thereof,  and  over  such 
well  or  in  such  locality  as  may  be  selected  and  deemed 
convenient  to  supply  the  loss  of  said  pump  or  pumps,  a 
suitable  fountain,  which  shall  be  connected  with  the  water 
mains  of  the  city,  and  shall  be  so  constructed  as  to  have  a 
six  inch  cast  iron  return  pipe,  with  a capacity  of  not  less 
than  twenty-five  gallons,  placed  under  the  surface  of  the 
water,  in  order  that  the  water  of  said  fountain  may  be 
rendered  cool  and  palatable  during  the  warm  weather. 

Ord.  97,  October  28,  1879.  City  Code,  (1893)  Art.  23,  Sec.  13. 

15.  In  order  to  secure  the  greatest  public  utility  in  the 
public  fountains  to  be  erected  in  any  locality,  the  Water 
Engineer  shall,  whenever  it  is  practicable— that  is  to  say, 
where  there  is  a well  containing  water  which  may  be  used 
for  the  purpose,  construct  the  same  in  accordance  with  the 
provisions  of  the  next  preceding  section. 

HYDRANTS. 

Fire  Hydrants. 

Ord.  19->^,  March  28,  1883.  City  Code,  (1893)  Art.  23,  Sec.  184. 

16.  The  Mayor,  Commissioner  of  Health  and  Water 
Engineer  are  hereby  authorized  and  directed  to  have  the  fire 


ART.  40.]  OBSTRUCTION  OF  HYDRANTS,  KTC. — ORDINANCES. 


1183 


plugs  turned  on  to  flush  the  gutters  in  the  city,  in  the 
months  of  March,  April,  May,  June,  July,  August,  Sep- 
tember and  October,  twice  a week,  for  one  hour  each  day, 
for  benefit  of  the  public  health. 


City  Code,  (1879)  Art.  53,  Sec.  37.  City  Code,  (1893)  Art.  54,  Sec.  37. 

17.  If  any  person  shall  break,  injure,  deface,  carry  injury  to  or 
away  or  destroy  any  of  the  fire  plugs  or  instruments  be-  use  of  fire 
longing  thereto;  or  if  any  person  or  persons  not  authorized 
by  ordinance,  or  otherwise,  shall  open  and  suffer  any  fire 
plug  to  discharge  water  therefrom,  such  person  shall,  for 
every  such  offence,  forfeit  and  pay  the  sum  of  twenty  dol- 
lars; provided,  that  the  provisions  of  this  section  shall  not 
extend  in  any  case  to  any  person  performing  the  necessary 
cleaning  of  apparatus  of  the  Fire  Department,  or  attending 
to  any  duties  required  by  the  corporation. 


Obstruction  of  Hydrants,  etc. 

City  Code,  (1879)  Art.  53,  Sec.  65.  City  Code,  (1893)  Art.  54,  Sec.  65. 

18.  It  shall  not  be  lawful  for  any  person  or  persons  to  Penalty, 
place  any  hogshead,  barrel  or  cask,  for  the  purpose  of  fill- 
ing the  same,  so  near  any  public  pump  or  hydrant  as  to  be 
an  obstruction  to  citizens  going  to  and  from  the  same,  or 
by  any  other  method  obstruct  the  free  use  of  the  water  in 
any  pump  or  hydrant;  but  all  hogsheads,  barrels  and  casks 
shall  be  placed  at  a distance  of  at  least  ten  feet  from  any 
pump  or  hydrant,  under  a penalty  of  not  more  than  five 
dollars  nor  less  than  one  dollar. 


Yard  Hydrants. 

City  Code,  (1879)  Art.  53,  Sec.  36.  City  Code,  (1893)  Art.  54,  Sec.  36. 

19.  If  any  owner  or  owners,  occupier  or  occupiers 
any  house  or  tenement,  shall  let,  permit  or  suffer  any 
hydrant  or  hydrants  attached  to  such  house  or  tenement, 
to  discharge  more  water  than  may  be  necessary  for  the 
use  of  such  owner  or  occupiers;  or  if  such  discharge  shall, 
by  the  freezing  of  the  water  in  any  street,  lane,  alley  or 


1184 


WATER — ORDINANCES. 


[art.  40. 


yard  in  this  city,  or  from  any  other  cause,  occasion  any 
injury  or  inconvenience  to  the  public  or  to  individuals,  such 
owner  or  occupier  shall  forfeit  and  pay  a sum  not  exceed- 
ing ten  dollars. 


City  Code,  (1879)  i\rt.  53,  Sec.  34.  City  Code,  (1893)  Art.  54,  Sec.  34. 

Hydrants  dis-  20.  It  shall  not  bo  lawful  for  any  person  or  persons  to 
wiSI  witer  erect  any  hydrant  which  wastes  in  the  earth,  or  from 
no?tob*e which  the  water  in  the  pipe,  between  the  valve  and  the 
erected.  nozzle,  runs  back  into  the  ground  when  the  lever  is  let 
down,  nor  any  fixture  of  any  kind  by  which  the  waste- 
water  from  the  pipes  is  discharged  below  the  surface  of 
the  pavement;  any  person  or  persons  who  shall  violate  any 
of  the  provisions  of  this  section,  upon  conviction  thereof 
before  any  Justice  of  the  Peace  of  the  city,  shall  forfeit 
and  pay  the  sum  of  twenty  dollars. 


City  Code,  (1879)  Art.  53,  Sec.  39.  City  Code,  (1893)  Art.  54,  Sec.  39. 

^ wSI?B°oard  hydrant  shall  be  used  unless  the  principle  of 

necessary,  said  hydrant  be  first  approved  by  the  Water  Board;  and 
any  person  violating  the  requirement,  of  this  section  shall 
forfeit  and  pay  a fine  of  ten  dollars. 

INJURING  WATER  WORKS. 

City  Code,  (1879)  Art.  53,  Sec.  38.  City  Code,  (1893)  Art.  54,  Sec.  38. 

Penalty  for  22.  If  any  porson  or  persons  shall  do  or  cause  to  be 
water  works,  doue  any  act  whatsoever  whereby  the  water  works  belong- 
ing to  the  city  of  Baltimore,  or  any  pipe,  plug,  cock  or  any 
engine  or  machine  appertaining  to  the  same  shall  be 
stopped,  obstructed,  impaired  or  injured,  the  person  or 
persons  so  offending  shall  forfeit  and  pay  a sum  not  ex- 
ceeding twenty  dollars. 

OPENING  STREET  SURFACE  AND  LAYING  PIPES. 

City  Code,  (1879)  Art.  53,  Sec.  25.  City  Code,  (1893)  Art.  54,  Sec.  25. 

23.  The  Water  Board  shall  have  full  power  and  author- 
ity to  convey  water  under  and  along  any  of  the  streets,  lanes 


ART.  40.]  OPENING  STREET  SURFACE — ORDINANCES. 


1185 


and  alleys  of  the  city  of  Baltimore,  and  to  lay  a pipe  or  w^ter  Board 
pipes  in  any  of  the  said  streets,  lanes  and  alleys  for  the  pipes  under 

^ n • 1TM  - • ^ A.  j and  along 

purpose  of  conveying  and  distributing  the  said  water  ; and  and 

from  time  to  time  to  renew  and  repair  the  said  pipes,  and 
for  that  purpose  to  dig,  break  up  and  open  all  or  any  part 
of  such  street,  lane  or  alley,  and  of  the  pavement  or 
footways  thereof,  leaving  at  all  times  a sufficient  passage- 
way for  carriages,  horses  and  foot  passengers,  if  the  same 
will  admit  thereof,  and  restoring  forthwith  to  their  former 
condition  all  such  streets,  lanes  and  alleys,  pavements  and 
footways,  as  shall  from  time  to  time  and  at  any  time  be 
so  dug,  opened  and  taken  up,  and  mending  and  repairing 
all  injuries  to  said  streets,  lanes  and  alleys,  pavements 
and  footways,  arising  from  their  so  digging,  opening  and 
taking  up  the  same  as  aforesaid. 

Mayor,  etc.,  Baltimore  v.  Holmes,  39  Md.  243. 

City  Code,  (1879)  Art.  53,  Sec.  26.  City  Code,  (1893)  Art.  54,  Sec.  26. 

24.  Whenever  the  Water  Board  or  any  subordinate  of  pipes  to  be  laid 
its  sub-department,  shall  take  up  any  part  of  the  pavement 
or  dig  up  any  part  of  the  streets,  lanes  or  alleys  of  the 
city  of  Baltimore,  for  the  purpose  of  laying  or  repairing 
the  pipes  for  conducting  the  water  through  the  city,  or 
into  the  houses  or  lots  of  the  citizens,  they  shall  proceed 
without  delay  to  put  down  or  repair  the  pipes,  as  the  case 
may  be,  and  immediately  thereafter  fill  in  the  earth  or 
otherwise  secure  the  place  so  dug  up  from  becoming  a streets  to  be 
nuisance  or  endangering  persons  riding  or  driving  through 
the  same,  and  shall  also,  when  the  same  is  repaved,  as 
herein  provided,  remove  without  delay  the  stone,  earth, 
sand  or  rubbish  remaining  from  the  laying  or  repairing 
such  pipes. 


City  Code,  (1879)  Art.  53,  Sec.  27.  City  Code,  (1893)  Art.  54,  Sec.  27. 

25.  As  often  as  any  of  the  said  pipes  shall  prove  de- Defective  pipes 
fective,  so  as  to  cause  the  water  to  flow  on  the  surface  ly  repaired, 
of  the  ground  or  pavement,  it  shall  be  the  duty  of  the 
said  board  to  have  the  same  immediatejy  repaired. 


1186 


WATER — ORDINANCES . 


[art.  40. 


Further  provi- 
sions as  to 
defective 
pipes. 


Water  Board 
to  repair 
same. 


Penalty. 


Upon  default 
of  Water 
Board,  City 
Engineer 
shall  repair 
and  repave. 


City  Code,  (1879)  Art.  53,  Sec.  28.  City  Code,  (1893)  Art.  54,  Sec.  28. 

26.  The  pipes  mentioned  and  referred  to  in  the  next 
preceding  section  are  hereby  declared  to  mean  and  be  any 
pipes  laid  by  the  said  board  or  in  connection  with  the 
works  under  their  care,  under  or  along  any  street,  lane  or 
alley  of  the  city,  whether  the  same  be  under  or  along  the 
space  covered,  or  designed  to  be  covered,  with  the  foot 
pavement  or  not,  and  a notice  that  any  such  pipe  or  pipes 
are  defective  or  out  of  repair  as  aforesaid,  by  any  person 
whomsoever,  left  at  the  office  of  said  board,  shall  be  a 
sufficient  notification  ; and  it  shall  be  the  duty  of  the  said 
Water  Board,  whenever  they  shall  be  notified  that  any 
pipe  or  pipes  laid  by  them  or  in  connection  with  the  works 
under  their  charge,  within  the  limits  of  any  private  prop- 
erty in  the  said  city,  are  defective,  so  as  to  prevent  or 
cause  the  water  to  flow  upon  the  surface  of  the  ground  or 
pavement,  to  make  immediate  application  to  the  owners 
or  occupants  of  said  property,  should  the  occupant  not  be 
the  owner  thereof,  for  permission  to  send  their  workmen 
upon  the  premises  to  repair  the  same  ; and  if  any  owner 
or  occupant  of  any  property,  or  agent  of  such  owner,  shall, 
upon  such  application,  refuse  permission  to  said  board  thus 
to  repair  defective  pipes  as  aforesaid,  or  refusing  the  said 
permission,  shall  not  immediately  repair  the  same  them- 
selves, they  shall  be  subject  to  a penalty  of  ten  dollars  for 
every  day  after  such  application  until  such  repair  is  made 
and  such  pipes  secured. 

Opening  and  Restoring  Pavements. 

City  Code,  (1879)  Art.  53,  Sec.  29.  City  Code,  (1893)  Art.  54,  Sec.  29. 

27.  In  all  cases  where  the  said  board  or  any  of  its 
agents  or  workmen  shall  take  up  any  pavement  for  any 
of  the  purposes  aforesaid,  and  shall  not  repave  the  same 
in  a reasonable  time,  at  the  discretion  of  the  City  Engineer, 
the  City  Engineer  shall  give  notice  to  the  said  board  to 
have  the  same  immediately  repaired;  and  if  the  said  board 
shall  refuse  or  neglect  to  have  said  repairing  done,  the 
City  Engineer  shall  proceed  to  have  said  pavement  repaired 
at  the  expense  of  said  Water  Board. 


ART.  40.]  OPENING  AND  RESTORING  PAVEMENTS— ORDINANCES.  1187 


City  Code,  (1879)  Art.  53,  Sec.  30.  City  Code,  (1893)  Art.  54,  Sec.  30. 

28.  It  shall  not  be  lawful  for  any  person  or  persons,  permits  to  re- 
eompany  or  corporation,  to  remove  any  ot  the  stone  or  ments  neces- 
brick  pavements  of  the  city  for  the  introduction  of  water- 

pipes  without  permission  from  the  Water  Board,  and  the 
replacing-  of  said  pavement  shall  be  under  the  superinten- 
dence of  the  City  Engineer,  at  the  expense  of  the  party 
removing  the  same;  and  any  person  or  persons,  company  or 
corporation,  who  shall  violate  any  of  the  provisions  of  this 
section,  shall  forfeit  and  pay  a fine  of  twenty  dollars. 

City  Code,  (1879)  Art.  53,  Sec.  31.  City  Code,  (1893)  Art.  54,  Sec.  31. 

29.  In  all  instances  where  the  pavement  of  any  street,  ^ater  Board  to 
lane  or  alley,  which  may  have  been  heretofore  or  may 
hereafter  be  opened  or  dug  up  by  said  Water  Board,  has 

not,  in  the  judgment  of  the  City  Engineer,  been  well  and 
effectually  repaved,  the  said  Water  Board,  being  informed 
thereof  in  writing  by  the  City  Engineer,  shall  forthwith 
proceed  well  and  effectually  to  repave  the  same,  and  the 
expenses  thereof  shall  be  chargeable  to  and  paid  by  the 
said  board. 

City  Code,  (1879)  Art.  53,  Sec.  32.  City  Code,  (1893)  Art.  54,  Sec.  32. 

30.  Whenever  it  becomes  necessary  to  pave,  repave  or 

repair  any  street,  lane  or  alley  in  the  city  of  Baltimore,  it  water  stops  of 
shall  be  the  duty  of  the  paver  or  contractors  to  distinctly  in  streets  to 
mark  by  three  bricks  on  edge,  or  an  iron  box,  all  water-stops  ® ® • 

of  private  water-pipes  leading  from  the  city's  main  pipes 
to  the  property  opposite  to  which  the  stop  may  be  found. 

Any  person  failing  to  comply  with  the  requirements  of  this 
section  shall  forfeit  and  pay  for  each  and  every  neglect 
the  sum  of  ten  dollars. 

City  Code,  (1879)  Art.  53,  Sec.  33.  City  Code,  (1893)  Art.  54,  Sec.  33. 

31.  It  shall  be  the  duty  of  the  owners  of  property, 
plumbers,  bricklayers,  or  other  person  or  persons,  in  pav-  water-stops 
ing  or  repaving  the  sidewalks,  yards  or  alleys,  to  distinctly  Svtments 
mark  by  three  bricks  on  edge,  or  an  iron  box,  the  water-stops  ma*Sed. 
that  may  be  covered  by  said  paving  or  repaving,  under  a 
penalty  of  ten  dollars  for  each  and  every  neglect  to  comply 

with  the  requirements  of  this  section. 


1188 


WATER — ORDINANCES . 


[art.  40. 


PUMPS. 

Injuries  to  Pumps. 

City  Code,  (1879;  Art.  53,  Sec.  57.  City  Code,  (1893)  Art.  54,  Sec.  57. 

Injury  to  32.  If  any  person  or  persons  shall  wilfully  break,  defile, 
plugs.  remove,  deface,  or  carry  away  the  handle,  or  ladle,  or 
cover,  or  obstruct  any  pump  standing  in  the  streets,  lanes, 
or  alleys  of  the  city,  or  otherwise  damage  or  injure  the 
same,  every  person  so  offending,  or  aiding,  or  assisting  in 
such  offence,  shall  forfeit  and  pay  a sum  not  exceeding 
twenty  dollars. 


Private  Pumps. 

City  Code,  (1879)  Art.  53,  Sec.  47.  City  Code,  (1893)  Art.  54,  Sec.  47. 

Supervision  of  33.  Whenever  permission  shall  be  granted  to  any  per- 
son  or  persons  to  sink  a well  and  erect  a pump  therein  on 
the  highways  of  the  city  of  Baltimore,  the  person  or  persons 
to  whom  such  permission  shall  be  granted  shall  comply  in 
full  with  the  instructions  given  by  the  Water  Engineer, 
under  whose  supervision  all  private  wells  shall  be  sunk 
and  private  pumps  erected. . No  permission  shall  be  granted 
Permits  for.  to  any  person  or  persons  to  sink  a well  and  erect  a pump 
therein  on  any  of  the  highways  of  the  city  of  Baltimore, 
unless  the  water  thereof  shall  be  subject  to  the  free  use 
of  the  public. 


City  Code,  (1879)  Art.  53,  Sec.  48.  City  Code,  (1893)  Art.  54,  Sec.  48. 

►wnerstotake  34.  All  pumps  kuown  as  private  pumps,  erected  by 
care  of  them,  permissiou  of  the  Mayor  and  City  Council  of  Baltimore, 
shall  be  taken  care  of  by  the  owner  of  the  property  in 
whose  interest  the  permission  to  erect  the  same  may  be 
granted,  and  any  change  in  the  ownership  of  said  property 
shall  transfer  the  obligation  to  take  care  of  such  pumps. 


Penalty. 


City  Code,  (1879)  Art.  53,  Sec.  49.  City  Code,  (1893)  Art.  54,  Sec.  49. 

35.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  the  two  next  preceding  sections  shall  be  liable 


ART.  40.]  WKLIvS — ABANDONED  WEEDS — ORDINANCES. 


1189 


to  a penalty  of  five  dollars,  and  a further  penalty  of  one 
dollar  for  every  day  the  violation  shall  be  permitted  to 
exist. 


Removal  of  Pumps. 

Ord.  97,  October  28,  1879.  City  Code,  (1893)  Art.  23,  Sec.  14. 

36.  The  Water  Engineer  shall  place  a sign  upon 
pumps,  the  water  from  which  is  declared  unfit  for  drinking  pumps, 
purposes,  but  shall  not  remove  the  said  pumps  until  he  is 
ready  to  replace  said  pumps  with  suitable  drinking 
fountains ; the  provisions  of  this  section  to  apply  to  all 
pumps  where  the  handles  have  already  been  removed. 


City  Code,  (1879)  Art.  53,  Sec.  60.  City  Code,  (1893)  Art.  54,  Sec.  60. 

37.  The  Water  Engineer  is  authorized  to  remove  all  water 
pumps  which  upon  examination  may  be  found  to  be  of  no  may  remove, 
practical  use  within  the  limits  of  the  city;  provided,  two- 

thirds  of  the  owners  of  property  and  residents  within  the 
distance  of  one  square  of  such  pump  proposed  to  be  removed, 
shall  first  give  their  written  consent  to  said  removal. 

/ 

WELLS. 

Abandoned  Wells. 

City  Code,  (1879)  Art.  53,  Sec.  61.  City  Code,  (1893)  Art.  54,  Sec.  61. 

38.  When  the  Water  Engineer  shall  remove  any  pumps,  weiis  to  be 
he  shall  have  the  wells  securely  covered  with  stone  plat-  co?^Sd. 
forms,  not  less  than  two  feet  below  the  kerb,  filled  with 

dirt  and  repaved. 

City  Code,  (1879)  Art.  53,  Sec.  62.  City  Code,  (1893)  Art.  54,  Sec.  62. 

39.  The  Water  Engineer  is  authorized  and  directed  to  Granite  or 
have  a piece  of  granite  or  marble,  not  less  than  twelve  SSed  over^® 
inches  square,  placed  in  the  pavement  near  or  about  the  removed 
centre  of  the  wells  where  pumps  have  been,  or  may  here- 

after  be  removed  from  the  public  streets,  lanes  or  alleys 
in  the  city. 


1190 


WATER — ORDINANCES . 


[art.  40. 


City  Code,  (1879)  Art.  53,  Sec.  63.  City  Code,  (1893)  Art.  54,  Sec.  63* 

Penaity^for  40.  If  any  person  or  persons  shall  remove  said  stone  or 
replace  such  mark  f or  the  purpose  of  repairing  the  pavement,  or  for 
any  other  purpose,  and  refuse  or  neglect  to  replace  it,  said 
person  or  persons  shall  be  subject  to  a fine  of  five  dollars 
for  each  and  every  offence. 

Condemned  Wells. 

Ord.  97,  October  28,  1879.  City  Code,  (1893)  Art.  23,  Sec.  10. 

41.  Whenever  the  Commissioner  of  Health  shall  con- 
demn the  water  of  any  well  or  wells,  spring  or  springs,  as 
“unfit  for  drinking  and  detrimental  to  health,’^  and  shall 
notify  the  Water  Engineer  of  the  same,  then  the  said 
Water  Engineer  shall  forthwith  place  the  said  well  or 
wells,  in  such  condition  as  will  prevent  any  water  being 
taken  therefrom,  or  cover  the  same  in  the  manner  pre- 
scribed by  sections  38  and  39  of  this  Article,  and  shall  put 
up  in  a conspicuous  place,  contiguous  to  the  said  spring  or 
springs,  a sign-board  notifying  the  public  that  the  water 
of  the  same  has  been  condemned  as  unfit  for  use  and 
detrimental  to  health. 

Ord.  97,  October  28,  1879.  City  Code,  (1893)  Art.  23,  Sec.  11. 

42.  The  Water  Engineer,  in  the  case  of  any  spring  the 
water  of  which  has  been  condemned  as  ‘ ‘unfit  for  drinking 

shall  connect  and  detrimental  to  health,  and  where  the  city’s  title  to 
water  mains,  gnch  property  is  contingent  on  its  being  kept  as  a public 
fountain,  shall  cause  such  connection  to  be  made  with  the 
water  mains  of  the  city  as  shall  fulfill  said  conditions. 

43.  All  fines  and  penalties  imposed  in  the  preceding 
Recovery  of  sections  of  this  Article,  for  the  recovery  of  which  no  pro- 

SeStiel  vision  is  made  herein,  shall  be  recovered  as  other  fines 
and  penalties  imposed  by  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore  are  recoverable;  and  when  collected 
shall  be  paid  to  the  Comptroller  for  the  use  of  the  Water 
Board. 


Water 
Engineer  to 
prevent 
water  from 
being  used. 


When  Water 
Engineer 


ART.  41.]  WATER  RENTS  AND  LICENSES — ORDINANCES. 


1191 


ARTICLE  XLI. 

WATER  RENTS  AND  LICENSES. 

ORDINANCES. 


Collector  of  Water  Rents  and 
Licenses. 

1.  To  appoint  his  subordinates;  one 

general  bookkeeper  ; salary' ; 
one  cashier;  salary;  one  license 
clerk;  salary;  one  chief  clerk; 
salary;  one  meter  clerk;  salary; 
ten  ledger  clerks ; salaries ; 
eight  inspectors  and  bill  dis- 
tributors; salaries. 

2.  Subordinates  to  hold  office  dur- 

ing the  pleasure  of  Collector  ; 
bond  of  subordinates ; duties. 

Licenses. 

Amusements. 

3.  Billiard  and  bagatelle  tables  ; 

penalty  for  unlicensed  use ; 
when  to  expire  ; fee. 

4.  Bowling  saloons  and  alleys ; 

license  ; fee  ; penalty  for  unli- 
censed alleys. 

5.  Applicant  for  such  license  must 

have  consent  of  property  own- 
ers ; proviso  as  to  alleys  here-  j 
tofore  licensed.  j 

6.  Shuffle  boards;  license  fee;  j 

penalty  for  unlicensed  boards.  | 

7.  Theatrical  performances,  enter- 

tainments, exhibitions,  etc ; 
penalty  for  performances  with- 
out license  ; what  license  shall 
show ; fees  for  licenses  for  j 
different  classes  of  entertain- 
ment ; other  exhibitions. 

8.  Proprietors  of  theatres  or  mu- 

seums to  obtain  licenses  be- 
fore permitting  their  places  to 


be  used  ; penalty  for  perform- 
ing without  permit. 

9.  Fee  for  exemption  of  halls  and 

theatres  from  license. 

10.  Flying  horses,  whirligigs,  etc., 

not  to  be  operated  without 
permit  from  Mayor  ; Collector 
to  issue  license  after  permit 
secured ; fee ; penalty  for 
use  without  permit  or  license. 

11.  Balls  where  admission  fee  is 

charged ; penalty,  for  hold- 
ing same  without  license. 

12.  Rates  of  charge  for  license  for 

balls. 

13.  License  charge  for  musical 

parties  ; exception  as  to  same 
for  charitable  purposes. 

14.  Collector  may  refuse  or  revoke 

license  when  so  directed  by 
Mayor. 

15.  City  Solicitor  to  institute  suits 

for  recovery  of  penalties  im- 
posed hereunder. 

Bacon,  Cheese,  Sausage  and 
Cured  Meats. 

16.  Not  to  be  sold  without  license; 

license  fee  ; not  to  sell  under 
said  license  in  more  than  one 
market  at  same  time ; pen- 
alty ; cheese,  salted  cod  fish 
or  salmon  dealers  to  have 
license  to  sell  in  markets ; 
license  fee ; penalty ; not  to 
apply  to  farmers  selling  their 
produce. 


1192 


WATKR  RENTS  AND  EICENSKS — ORDINANCES.  [aRT.  41. 


17.  Sale  of  puddings  and  sausages; 

when  license  to  expire  ; fee  ; 
penalty ; clerk  of  markets  to 
enforce  provisions  in  regard 
to  such  licenses  ; not  to  ap- 
ply to  licensed  butchers,  nor 
to  farmers  selling  produce. 

Car  Licenses. 

18.  Annual  fee  for  said  licenses ; 

said  fee  to  be  paid  for  each 
car  run . 

Charcoal. 

19.  Sales  of  charcoal ; fee;  penalty 

for  unlicensed  sales. 

Dogs. 

20.  Dogs  at  large  to  have  collars 

with  metal  tag  attached  bear- 
ing license  number  ; tags  to 
be  furnished  by  Collector ; 
dogs  without  collar  or  tag  to 
be  seized ; to  be  killed  after 
forty-eight  hours  if  not  re- 
deemed. 

21.  All  owners  of  dogs  to  procure 

license ; fee ; penalty  for 
keeping  dog  without  license  ; 
requirements  for  application 
for  license ; when  license  to 
operate  ; renewal  fee ; what 
license  shall  show  ; Collector 
to  furnish  tags  to  licensees 
without  extra  charge  ; lost  or 
stolen  tags  ; when  these  pro- 
visions not  to  apply. 

22.  Penalty  for  obstructing  en- 

forcement of  provisions  of 
this  sub-division  or  for  mis- 
use of  tags. 

23 . Redemption  fee  for  dogs  seized ; 

must  be  redeemed  within 
forty-eight  hours. 

24.  Power  of  Mayor  to  contract  for 

destruction  of  unlicensed 
dogs  ; conditions  of  contract. 


25.  Penalty  for  poisoning  dogs  by 

casting  poisoned  meat  in 
streets. 

Oil  and  Fluid  Illuminants . 

26.  Sales  of  same  of  less  than  bar- 

rel ; license  ; fee  ; Collector 
to  keep  record  of  such  licenses 
and  furnish  Assistant  Super- 
intendent of  Lamps  and 
Lighting  copy  of  same. 

27.  Penalty  for  such  sales  without 

license ; disposition  of  fines 
so  collected. 

Pawnbrokers. 

28.  Requirements  for  issue  of  li- 

cense to  pawnbrokers ; fee  ; 
each  person  in  the  business 
to  pay  fee  ; term  of  license  ; 
renewal  of  same ; when  to 
terminate, 

29.  License  to  designate  place  of 

business  ; in  case  of  removal 
said  Collector  to  endorse  same 
on  license;  hours  of  business. 

30.  Bond  of  such  licensees. 

31.  Rights  and  powers  of  pawn- 

brokers under  license  ; to  fur- 
nish certificate  to  depositors ; 
contents  of  certificate. 

32.  Sale  of  pledge;  notice  of  sale  ; 

sale  to  be  public  ; pawnbroker 
may  bid  at  such  sale ; record 
of  sale  to  be  kept  by  pawn- 
broker ; application  of  pro- 
ceeds of  sale. 

33.  Rates  of  charge ; to  keep 

accounts  of  transactions  ; ac- 
counts to  be  open  to  inspec- 
tion of  such  persons  as  the 
Mayor  and  City  Council  may 
designate. 

34.  When  suit  may  be  brought  on 

pawnbroker’s  bond. 


ART.  41.]  WATER  RENTS  AND  LICENSES— ORDINANCES. 


1193 


35.  City  Register  to  advertise 

names  of  licensed  pawnbrok- 
ers ; city  officers  to  inform 
against  violators  of  provi- 
sions of  this  sub-division. 

36.  To  whom  license  shall  not  be 

granted ; Mayor  may  revoke 
license. 

37.  Penalties  for  violation  of  pro- 

visions of  this  sub-division  of 
this  Article. 

Pole  Licenses. 

(telegraph,  telephone  and 
electric  light). 

38.  Owners  of  poles  to  file  list 

with  said  Collector  annually  ; 
owner  to  have  name  stamped 
on  poles ; what  list  shall 
show ; notice  to  pole  owners  ; 
penalty  for  failure  to  furnish 
list. 

39.  Pole  license  ; annual  fee  ; trol- 

ley poles  excepted ; tin  num- 
ber plates  to  be  furnished  li- 
censees ; said  Collector  to 
keep  record  of  licenses  is- 
sued ; to  furnish  certificate 
of  payment  of  license  fee  to 
licensee ; one  of  said  plates 
to  be  fastened  to  each  pole. 

40.  Said  Collector  to  purchase 

number  plates;  to  furnish 
plates  as  provided  ; year  of 
issue  to  be  stamped  on  plates. 

41.  When  owner  is  required  to  re- 

move poles ; to  be  removed 
by  City  Engineer  on  default 
of  owner. 

42.  When  owners  of  poles  .shall  be 

liable  for  penalty  imposed 
hereunder ; penalty  for  such 
offending  owners;  collection 
of  penalty. 


43.  Poles  bearing  lamps  used  to 

light  streets  excepted  from 
provisions  of  this  sub-division . 

Privies. 

44.  Not  to  be  cleaned  without  li- 

cense ; penalty ; additional 
liability  for  creating  nuisance. 

45.  Application  for  said  license  to 

be  made  in  writing;  if  quali- 
fications of  applicant  satisfac- 
tory license  may  be  issued  ; 
license  fee  ; bond  of  licensee ; 
revocation  of  license. 

Street  Venders'  Licenses. 

46.  Sales  of  fruits,  cakes,  nuts, 

etc.,  by  poor  persons  ; license 
to  be  granted  with  consent  of 
occupiers  of  house  before 
which  sales  are  to  be  made  ; 
penalty  for  sales  without 
license. 

47.  Sale  of  oranges,  lemons  and 

limes  without  license  forbid- 
den ; license  fee  ; penalty  for 
selling  without  license. 

48.  Only  one  license  to  each  indi- 

vidual; sales  to  be  made  by 
licensee  and  not  by  his  agents; 
seller  to  keep  license  about 
his  or  her  penson  ; penalty. 

49.  Notice  to  offenders  required  ; 

but  not  for  second  offence. 

50.  Fresh  fruits  and  vegetables; 

un1icen.sed  .sale  of  same  for- 
bidden ; term  of  license. 

51.  Fee  for  license  for  sales  from 

wagons ; fee  for  .sales  from 
baskets. 

52.  Wagon  attendants;  such  at- 

tendants and  basketmen  to 
wear  badge ; badge  to  bear 
license  number. 


1194 


WATER  RENTS  AND  LICENSES — ORDINANCES.  [arT.  41. 


53.  Penalty  for  selling  without  ob- 

taining license  and  wagon 
number;  penalty  for  failure  to 
display  badge ; collection  of 
penalties ; to  be  deposited 
with  Comptroller. 

Water  Rents. 

54.  For  private  families  and  ordi- 

nary domei  tic  purposes;  when 
Water  Board  shall  make  rates; 
water  in  dwellings  not  to  be 
used  for  power  without  spec- 
ial permit ; contents  of  per- 
mit ; charge  for  such  use ; 
penalty  for  such  use  without 
permit ; charge  for  water 
against  horse  owners;  proviso 
when  water  meter  used  in 
stable. 

55.  Carriage  water  charges. 

56.  Charges  for  steam  boilers ; to 

be  in  addition  to  charges 
against  building  where  in- 
stalled. 

57.  Charges  for  hydraulic  eleva- 

tors not  using  return  tank 
system  ; Board  ma}'^  refuse  to 
supply  such  elevators. 

58.  Rates  to  charitable  institutions 

where  over  two-thirds  of  ben- 
eficiaries are  treated  free. 

59.  Same,  where  between  one- 

third  and  two-thirds  are 
treated  free. 

60.  Same,  where  not  less  than  one- 

third  are  free. 

61.  Same,  where  none  are  treated 

free. 

62.  Rates  to  chiirches  and  religious 

corporations. 

63.  Schools,  academies,  etc. 


64.  Water  used  under  provisions 

of  this  sub-division  may  be 
measured  by  meter. 

65.  Definition  of  “free  care.” 

66.  Board  to  fix  rates  for  institu- 

tions at  beginning  of  year ; 
rates  to  be  based  on  state- 
ments of  officials  of  institu- 
tions. 

67.  Tax  to  be  levied  for  payment 

for  water  used  by  the  city,  etc. 

68.  Rates  for  water  used  for  pur- 

poses other  than  those  speci- 
fied ; Board  to  have  full 
power  to  fix  such  rates  ; rates 
to  be  uniform ; Board  may 
install  meters. 

69.  Water  bills  to  be  collected 

quarterly  ; water  to  be  cut  off 
when  not  paid. 

70.  Abatement  of  charges. 

71.  Board  may  restrict  use  of  water 

when  necessary  ; penalty  for 
flushing  pavements, etc.,  after 
notice  to  cease. 

72.  Rates  for  water  furnished  out- 

side of  city  limits. 

73.  Use  of  water  for  cellar  drainers 

in  private  drainers. 

Vehicles^  Boats  and  Scows. 

74.  Revocation  of  license  for  sec- 

ond offence  against  speed 
regulations. 

75.  Whom  to  issue  licenses  ; num- 

bers for  carriages. 

76.  For  what  vehicles,  etc. , licenses 

and  numbers  required ; an- 
nual application  for  license ; 
said  Collector  to  record  same; 
carriages,  etc. , not  to  be  used 
until  owner  has  complied 
with  regulations  hereunder ; 
penalty  for  disregard  of  regu- 
lations. 


ART.  41.]  COTTECTOR  OF  WATER  RENTS— ORDINANCES. 


1195 


77.  Termination  of  license  ; to  be 

good  for  one  additional  week 
after  expiration  of  term. 

78.  Said  Collector  to  furnish  tin 

number  plates  to  each 
licensee ; specifications  for 
plates;  same  to  be  fastened 
on  carriages,  etc.;  penalty; 
plates  for  private  carriages. 

79.  Licensees  may  provide  number 

plates  ; such  plates  to  be  in 
addition  to  plates  hereinbe- 
fore provided  for;  such 
licensees  may  retain  same 
number  from  year  to  year. 

80.  License  charges;  carriage,  boat 

or  scow ; hackney  coach,  etc. , 
drawn  by  two  horses ; same 
drawn  by  one  horse  ; wagons, 
etc.,  drawn  by  more  than 
three  horses;  carts,  etc.; 
boats ; package  carts ; trans- 
fer of  licenses. 

81.  Penalty  for  procuring  false 

entry  of  carriages,  etc.,  or  for 
altering  number,  or  for  affix- 
ing number  without  license. 


82.  Penalty  for  use  of  carriages, 

etc.,  without  license  or  in 
other  violation  of  regulations 
herein  provided. 

83.  Number  on  carriage,  etc.,  to 

correspond  with  number  on 
license  ; penalty  for  variance. 

84.  Said  Collector  to  annually  ad- 

vertise expiration  of  licenses 
and  provisions  of  law  in  rela- 
tion to  same. 

Women's  Merchandise  Licenses. 

85.  Sales  in  markets  by  poor 

women;  license  therefor;  fee ; 
licensee  to  vend  own  goods ; 
misuse  of  license  ; revocation 
of  license ; penalty  for  of- 
fences hereunder. 

Fines  and  Penalties. 

86.  Recovery  of  fines  and  penal- 

ties imposed  for  violation  of 
any  of  the  provisions  of  this 
Article. 


COLLECTOR  OF  WATER  RENTS  AND  LICENSES. 

Res.  16,  March  12,  1900.  Ord.  33,  December  17,  1903.  Ord.  215, 

March  6,  1905.  Ord.  3,  June  15,  1905. 

1.  The  Collector  of  Water  Rents  and  Licenses  is  author-  Appointment 
ized  to  appoint  to  aid  hino  in  the  discharge  of  his  duties,  ordhlitJ?’ 
the  following  assistants  and  clerks  at  the  following 
salaries:  One  general  bookkeeper  at  a salary  of  sixteen 
hundred  dollars  ($1,600)  per  annum.  One  cashier  at  a 
salary  of  sixteen  hundred  dollars  ($1,600)  per  annum. 

One  license  clerk  at  a salary  of  twelve  hundred  dollars 
($1,200)  per  annum.  One  chief  clerk  at  a salary  of 
fourteen  hundred  dollars  ($1,400)  per  annum.  One  meter 
clerk  at  a salary  of  twelve  hundred  dollars  ($1,200)  per 


1196 


WATER  RENTS  AND  EICENSES — ORDINANCES.  [aRT.  41. 


annum.  Ten  ledger  clerks,  at  a salary  of  twelve  hundred 
dollars  ($1,200)  each  per  annum.  Eight  inspectors  and 
bill  distributors,  at  a salary  of  one  thousand  dollars 
($1,000)  each  per  annum. 


Res.  16,  March  12,  1900.  Ord.  215,  March  6,  1905.  Ord.  3,  June  15,  1905. 

2.  The  said  assistants  and  clerks  shall  hold  their 
offiS  Sf  sub-  respective  positions  during  the  pleasure  of  the  Collector  of 
ordinates.  Water  Reuts  and  Licenses  and  shall  execute  such  bonds. 
Bonds.  conditioned  for  the  faithful  performance  of  the  duties  of 
their  respective  offices  as  shall,  in  the  judgment  of  the 
Collector  of  Water  Rents  and  Licenses,  be  proper,  said 
bonds  to  be  approved  by  the  Mayor;  and  shall  perform  such 
duties  as  are  now  performed  by  those  holding  the  same 
respective  positions  by  virtue  of  resolution  16  of  the  Mayor 
and  City  Council  of  Baltimore,  approved  March  12,  1900; 
and  shall  in  addition,  perform  such  other  duties  as  may  be 
prescribed  from  time  to  time  by  the  said  Collector  of 
Water  Rents  and  Licenses. 

LICENSES. 

Amusements. 

Ord.  31,  April  17,  1879.  City  Code,  (1893)  Art.  33,  Sec.  1. 

Ord.  23,  March  20,  1894. 

licenses  for  3.  No  billiard  or  bagatelle  table  shall  be  erected,  set  up, 
bkgSteiie”  kept  or  in  any  respect  whatever  used  for  the  purpose  of 
gain  or  public  entertainment  within  the  city  without  a 
license  previously  obtained  from  the  Collector  of  Water 
Rents  and  Licenses,  under  the  seal  of  the  corporation, 
under  a penalty  of  twenty  dollars  for  each  and  every 
day  that  such  billiard  or  bagatelle  table  may  have  been  set 
up,  kept  or  erected  without  license;  and  every  license 
granted  as  aforesaid  shall  terminate  the  first  week  in 
January,  annually;  and  for  every  license  for  the  keeping 
of  a billiard  or  bagatelle  table,  granted  under  this  ordi- 
nance, the  person  obtaining  the  same  shall  pay  to  the 
Collector  of  Water  Rents  and  Licenses  for  the  use  of  the  city 
the  sum  of  ten  dollars  for  each  billiard  or  bagatelle  table. 


ART.  41.]  LICENSES — AMUSEMENTS — ORDINANCES. 


1197 


City  Code,  (1879)  Art.  33,  Sec.  5.  City  Code,  (1893)  Art.  33,  Sec.  5. 

4.  If  any  person  or  persons  shall  erect,  set  up,  keep, 
maintain  or  in  any  respect  whatever  use  for  amusement  alleys." 
or  entertainment  within  the  city,  any  bowling  saloon, 
bowling  alley,  nine  or  ten  pin  alley,  or  any  other  device  or 
structure,  in  or  upon  which  one  or  more  pins  are  set  up,  for 
the  purpose  of  casting,  throwing,  pushing  or  rolling  against 
such  pin  or  pins,  one  or  more  balls,  or  other  missiles, 
without  having  obtained  a license  therefor,  for  which 
license  there  shall  be  annually  paid  the  sum  of  fifty  dollars.  Penalty, 
such  person  or  persons  shall  forfeit  and  pay  a penalty  of 
twenty  dollars  for  each  and  every  day  he,  she  or  they  may 
so  offend. 


City  Code,  (1879)  Art.  33,  Sec.  6.  City  Code,  (1893)  Art.  33,  Sec.  6. 

5.  No  license  shall  be  granted  to  any  person  or  persons  conditions 
applying  to  open  a saloon,  alley,  or  structure,  under  the  license, 
provisions  of  the  next  preceding  section,  unless  said  appli- 
cant or  applicants  shall  obtain  the  assent  in  writing  of  a 
majority  of  the  property  holders  in  the  immediate  square 
where  said  alley  is  to  be  located;  provided,  that  this 
section  shall  not  apply  to  any  saloon,  alley,  or  structure, 
which  has  been  heretofore  licensed  and  never  discontinued. 


City  Code,  (1879)  Art.  33,  Sec.  9.  City  Code,  (1893)  Art.  33,  Sec.  9. 

6.  It  shall  not  be  lawful  for  any  person  or  persons  to  shuffle  board.s. 
keep  a shuffle  board  in  the  city,  unless  he,  she  or  they  shall 

first  obtain  from  the  Collector  of  Water  Rents  and  Licenses 
a license  therefor,  and  for  every  such  license  there  shall 
be  paid  to  the  Collector  of  Water  Rents  and  Licenses  the 
sum  of  twenty  dollars;  and  if  any  person  or  persons  shall 
keep  a shuffle  board  in  violation  of  any  of  the  provisions 
of  this  section,  he,  she  or  they  so  offending  shall  forfeit 
and  pay  the  sum  of  one  dollar  for  each  and  every  day. 

Ord.  95,  October  28,  1879.  City  Code,  (1893)  Art.  33,  Sec.  10. 

7.  No  person  or  persons  within  the  limits  of  the  city  Theatrical 'per- 
shall  act,  exhibit,  play  or  perform  any  play,  farce,  inter- 

lude,  show,  opera  or  other  theatrical  or  dramatical  per- 


1198 


WATER  RENTS  AND  EICENSES— ORDINANCES.  [aRT.  41. 


Proprietors  of 
theatres  to 
obtain 
license. 


Annual  pay- 
ment by 
owner  or 
lessee. 


formance,  entertainment  or  show,  or  public  exhibition  for 
gain,  without  a license  for  that  purpose  had  and  obtained 
from  the  Collector  of  Water  Rents  and  Licenses  under  the 
seal  of  the  city,  under  a penalty  of  fifty  dollars  for  each 
and  every  offence,  which  said  license  shall  express  for 
what  it  is  granted,  and  the  time  it  is  to  continue;  and  the 
following  tax  or  fine  shall  be  imposed  and  laid  upon  each 
license  granted  as  aforesaid,  which  tax  or  fine  shall  be  paid, 
or  secured  to  be  paid,  to  the  Collector  of  Water  Rents  and 
Licenses  of  the  city  on  the  granting  of  such  license,  as 
follows,  to  wit:  for  circus  or  feats  of  horsemanship  in  a 
building  permanently  erected  for  that  purpose,  three 
dollars  for  each  performance;  for  circus  or  feats  of 
horsemanship  performed  under  a covering  of  canvas  or  any 
other  material  temporarily  erected  for  that  purpose- fifty 
dollars  for  each  performance;  for  rope  or  wire  dancing  or 
puppet  shows,  fifteen  dollars  for  each  week;  for  exhibition 
of  living  animals,  five  dollars  for  each  day  or  night  of 
exhibition;  for  all  other  public  exhibitions  for  gain,  five 
dollars  per  week. 


City  Code,  (1879)  Art.  33,  Sec.  11.  City  Code,  (1893)  Art.  33,  Sec.  11. 

8.  It  shall  be  the  duty  of  every  proprietor  of  any  theatre 
or  museum,  before  they  permit  any  person  or  persons 
whomsoever  to  use  such  theatre  or  museum  for  the  purpose 
of  acting,  playing  or  performing  any  play,  farce,  interlude, 
opera  or  other  theatrical  or  dramatic  performance,  or  any 
scene,  selection  or  portion  of  any  play,  farce  or  drama  of 
any  description,  for  gain,  to  obtain  from  the  Collector  of 
Water  Rents  and  Licenses  the  license  required  by  the  next 
preceding  section  of  this  Article,  either  in  their  own 
names  or  in  those  of  the  managers  of  such  performance, 
under  a penalty  of  twenty  dollars. 


City  Code,/1879)  Art.  33,  Sec.  12.  City  Code,  (1893)  Art.  33,  Sec.  12. 

9.  The  owner  or  lessee  of  any  hall  or  theatre,  on  the 
payment  to  the  Collector  of  Water  Rents  and  Licenses  of 
fifty  dollars,  shall  have  the  occupants  of  his  or  their  hall 
or  theatre  exempted  from  license  for  one  year. 


ART.  41.]  LICENSES — AMUSEMENTS — ORDINANCES. 


1199 


Ord.  47,  April  28,  1888.  aty  Code,  (1893)  Art.  23,  Sec.  73. 

10.  It  shall  not  be  lawful  for  any  person  or  persons  to  Fiymg_  horses, 
have  on  his,  her  or  their  premises,  and  let,  hire  or  use  for  andgmiiy 
public  amusement,  any  flying  horse  or  horses,  or  whirligig, 
or  other  similar  machinery  or  device  for  public  amusement 
by  whatsoever  name  it  may  be  called,  unless  permission 
for  the  same  shall  have  been  previously  obtained  from  the 
Mayor;  and  whenever  the  Mayor  shall  have  granted  such 
permission,  upon  application  and  the  payment  to  him  of  an 
annual  license  fee  of  ten  dollars,  it  shall  be  the  duty  of  the 
Collector  of  Water  Rents  and  Licenses  to  issue  a license  to 
the  person  or  persons  obtaining  such  permission  and  making 
such  application;  and  any  person  or  persons  offending 
against  any  of  the  provisions  of  this  section  shall  forfeit 
and  pay  for  each  offence  a sum  not  to  exceed  twenty 
dollars. 


City  Code,  (1879)  Art.  33,  Sec.  13.  City  Code,  (1893)  Art.  33,  Sec.  13. 

11.  It  shall  not  be  lawful  for  any  person  or  persons 
to  hold  a ball  where  an  admission  fee  is  charged,  without 
first  obtaining  from  the  Collector  of  Water  Rents  and 
Licenses  of  the  city,  a license  or  permit  so  to  do,  under  a 
penalty  of  not  less  than  ten  nor  more  than  twenty  dollars. 


City  Code,  (1879)  Art.  33,  Sec.  14.  City  Code,  (1893)  Art.  33,  Sec.  14. 

12.  A tax  or  license  for  all  balls  shall  be  levied 
follows:  the  tax  or  license  for  all  balls  shall  be  one  dollar  ScSIlfo? 
per  day  or  night,  when  the  admission  fee  does  not  exceed 
twenty-five  cents;  three  dollars  per  day  or  night  when  it 
exceeds  twenty-five  cents,  but  is  not  over  fifty  cents;  five 
dollars  per  day  or  night,  when  it  exceeds  fifty  cents,  but 
is  not  over  one  dollar,  and  ten  dollars  per  day  or  night 
when  it  exceeds  one  dollar,  and  on  all  fancy,  masked,  or 
rag  balls,  a tax  of  ten  dollars  per  day  or  night  when  an 
admission  fee  is  charged. 


1200 


WATER  RENTS  AND  LICENSES— ORDINANCES.  [arT.  41. 


City  Code,  (1879)  Art.  33,  Sec.  15.  City  Code,  (1893)  Art,  33,  Sec,  15. 

Tax  for  musi-  13.  The  tax  OF  license  for  musical  parties  shall  be  one 
ca  pa  les.  night,  when  the  admission  fee  does  not  exceed 

twenty-five  cents,  and  three  dollars  per  night  when  it 
exceeds  twenty-five  cents,  but  not  over  fifty  cents,  and  five 
dollars  per  night,  when  it  exceeds  fifty  cents.  But  the 
Mayor  is  authorized  to  grant,  free  of  expense,  all  applica- 
tions for  license  for  concerts  or  performances  of  any  kind, 
where  the  proceeds  are  intended  for  charitable  purposes. 


City  Code,  (1879)  Art.  33,  Sec.  17.  City  Code,  (1893)  Art.  33,  Sec.  17. 

14.  Upon  the  approval  of  the  Mayor,  the  Collector  of 
^fuse^ii?ense^  Water  Rents  and  Licenses  shall  have  full  power  and  author- 
ity to  refuse  to  grant  licenses  under  the  provisions  of  this 
Article,  and  also  when  directed  by  the  Mayor,  shall  have 
full  power  and  authority  to  revoke  any  license  granted  by 
virtue  of  this  Article. 

City  Code,  (1879)  Art.  33,  Sec.  18.  City  Code,  (1893)  Art.  33,  Sec.  18. 

to  iSuut^  15.  Whenever  the  City  Solicitor  shall  be  notified  of  any 
violation  of  any  of  the  provisions  of  this  Article,  it  shall 
be  his  duty  immediately  to  institute  legal  proceedings 
against  the  offender  or  offenders,  to  recover  from  him,  her, 
or  them,  the  penalty  or  penalties  herein  prescribed  in  this 
Article. 


Bacon,  Cheese,  Sausage  and  Cured  Meats. 

City  Code,  (1879)  Art.  35,  Sec.  34.  City  Code,  (1893)  Art.  35,  Sec.  41. 

Sales  of  cheese  16.  It  shall  not  be  lawful  for  any  person  to  sell  or  offer 
meSf^  for  sale  from  any  cart,  wagon  or  other  vehicle,  within  the 
limits  of  any  market  within  the  city,  any  cheese,  or  salted 
or  cured  meat,  without  having  obtained  from  the  Collector 
of  Water  Rents  and  Licenses,  who  is  hereby  authorized  to 
grant  the  same,  a license,  for  which  dealers  in  salted  or 
cured  meat  shall  pay  fifty  dollars  to  sell  in  the  several 
markets  of  the  city;  provided,  that  said  license  shall  not 
confer  the  right  to  sell  in  any  more  than  one  market  at  the 
same  time,  nor  out  of  more  than  one  cart,  under  a penalty 


ART.  41.] 


CAR  LICENSES — ORDINANCES. 


1201 


of  ten  dollars  for  each  and  every  offence;  and  dealers  in 
cheese  or  salted  codfish  or  salmon,  or  any  cut  or  broken 
pieces  thereof,  to  pay  ten  dollars  for  a license  to  sell  in  the 
market  therein  named;  and  any  person  or  persons  selling 
or  causing  to  be  sold  any  cheese  within  the  limits  of  any 
market  whatever  in  the  city,  without  having  first  obtained 
a license  so  to  do,  shall  forfeit  and  pay  the  sum  of  three 
dollars  for  each  and  every  such  offence,  and  provided  proviso, 
further,  that  nothing  contained  in  this  section  shall  be 
construed  as  applying  to  farmers  selling  the  produce  of 
their  farms. 


City  Code,  (1879)  Art.  35,  Sec.  35.  City  Code,  (1893)  Art.  35,  Sec.  42. 

17.  It  shall  not  be  lawful  for  any  person  to  sell  or  off er 
for  sale,  within  the  limits  of  any  of  the  markets  in  the  city,  puddings, 
any  puddings  or  sausages,  without  having  first  obtained 
from  the  Collector  of  Water  Rents  and  Licenses  a license, 
to  expire  on  the  first  day  of  January  in  every  year;  for 
which  the  Collector  of  Water  Rents  and  Licenses  shall 
receive  the  sum  of  five  dollars  for  each  and  every  market; 
and  every  person  offending  against  the  provisions  of  this 
section,  shall  forfeit  and  pay  a penalty  of  five  dollars  for 
each  market  day  he  or  she  may  attend;  and  it  shall  be  the 
duty  of  the  clerks  of  the  markets  at  the  several  m*arkets  of 
the  city,  to  see  that  the  provisions  of  this  section  are  com- 
plied with  and  enforced;  provided,  that  the  provisions  of 
this  section  shall  not  apply  to  butchers  selling  under  a 
license  in  the  inside  of  the  market  house;  and  provided, 
also,  that  the  same  shall  not  apply  to  farmers  selling  such 
articles,  the  produce  of  their  farms. 


Car  Licenses. 

City  Code,  (1879)  Art.  40,  Sec.  31.  City  Code,  (1893)  Art.  41,  Sec.  32. 

18.  The  sum  of  five  dollars  shall  be  paid  annually  upon  $5.00  per  car 
each  car  running  regularly  on  the  street  passenger  railways  anSSaify^ 
of  the  city  of  Baltimore,  as  license  money  therefor,  to  the 
Collector  of  Water  Rents  and  Licenses. 


1202 


WATER  RENTS  AND  LICENSES — ORDINANCES.  [aRT.  41. 


Charcoal. 

City  Code,  (1879)  Art.  28,  Sec.  47.  City  Code,  (1893)  Art.  28,  Sec.  59. 

Lice^nseto  19.  Any  persoR  may  retail  charcoal  out  of  any  wagon, 
cart  or  other  carriage,  in  any  of  the  streets,  lanes  or  alleys 
of  the  city,  by  applying  to  the  Collector  of  Water  rents 
and  Licenses  for  a license  to  that  effect,  for  which  the 
person  so  applying  shall  pay  two  dollars  ; and  if  any  per- 
son shall  sell  or  offer  for  sale  charcoal,  by  retail,  without 
first  obtaining  such  license,  he  shall  forfeit  and  pay  for 
every  such  offence  two  dollars. 

Dogs. 

City  Code,  (1879)  Art.  33,  Sec.  19.  City  Code,  (1893)  Art.  33,  Sec.  19. 

Ord.  96,  June  15,  1898.* 

Dogs  to  have  20.  No  animal  of  the  dog  kind  shall  be  permitted  to  run 
cJnJecTnum-  at  large  within  the  limits  of  the  city  of  Baltimore  unless 
her  attached.  animal  shall  have  a collar  about  its  neck,  to  which 

shall  be  attached  a metal  tag  containing  a licensed  number, 
said  tag  to  be  regularly  furnished  by  the  Collector  of  Water 
Rents  and  Licenses,  who  is  hereby  required  to  have  the 
same  prepared.  Every  such  animal  found  running  at  large 
within  the  limits  of  said  city  without  such  collar  and  tag 
attached  shall  be  seized,  and  after  having  been  kept  for 
forty-eight  hours  without  redemption,  may  be  killed  in  a 
a speedy  and  least  painful  manner,  t 

City  Code,  (1879)  Art.  33,  Sec.  20.  City  Code,  (1893)  Art.  33,  Sec.  20. 

Ord.  96,  June  15,  1898. 

21.  Every  person  owning  or  harboring  a dog  or  dogs 
within  the  corporate  limits  of  the  city  of  Baltimore  shall 
procure  a license  and  pay  to  the  Collector  of  Water  Rents 


*NoTE. — Ord.  96,  June  15,  1898,  held  to  have  been  validly  passed 
and  constitutional.  The  contract  with  the  Society  for  the  Prevention  of 
Cruelty  to  Animals  creates  the  relation  of  agency  between  the  city  and 
said  society,  the  city  remaining  responsible  for  the  acts  of  said  society. 
Hock  z>.  M.  & C.  C.  of  Balto.,  Daily  Record,  March  28,  1890. 

tNoTE. — As  to  right  of  State  to  prohibit  dogs  running  at  large,  under 
its  police  powers,  see,  Hagerstown  v.  Witmer,  86  Md.  293. 


ART.  41.] 


CAR  LICENSES— ORDINANCES. 


1203 


and  Licenses  the  sum  of  two  dollars  ($2)  by  way  of 
license  fee  or  tax  for  every  animal  of  the  dog  kind  so 
owned  or  harbored  by  him  or  her,  and  every  such  person 
who  shall  own  or  harbor  any  such  animal  without  paying 
such  fee  or  tax  and  obtaining  such  license  shall  forfeit  and 
pay  a fine  of  not  less  than  five  dollars  ($5)  nor  more  than  penalty, 
ten  dollars  ($10) . In  applying  for  such  license  the  applicant 
shall  state  in  writing  the  sex,  breed  and  color  of  the  dog 
for  which  the  license  is  to  be  procured.  Licenses  granted 
under  the  provisions  of  this  section  shall  date  from  the  first 
day  of  January  in  each  year  and  must  be  renewed  prior  to 
the  expiration  of  the  term,  the  charge  for  each  and  every 
renewal  to  be  the  sum  of  one  dollar.  Each  certificate  of  Renewal  $i.oo. 
license  or  renewal  shall  state  the  name  and  address  of  the 
owner  of  the  dog,  the  sex,  breed  and  color  of  the  dog,  and 
also  the  number  of  such  license  or  renewal;  provided,  every 
person  who  may  have  procured  a license  for  the  current 
year  under  existing  ordinances  shall  be  entitled  to  a license 
as  provided  for  in  this  section  without  further  charge  or 
expense.  At  the  time  of  issuing  such  license  or  renewal 
the  Collector  of  Water  Rents  and  Licenses  shall  furnish  to 
the  applicant,  without  extra  charge,  a metal  tag,  to  be 
prepared  by  him  as  hereinbefore  directed.  Tags  lost  or 
stolen  may  be  replaced  upon  application  to  the  Collector  of  Tags  lost  or 
Water  Rents  and  Licenses  and  the  payment  to  him  of  placed  for  25 
twenty-five  cents  for  each  additional  tag.  The  provisions 
of  this  section  shall  not  apply  to  dogs  owned  by  non- 
residents remaining  temporarily  in  or  passing  through  the 
city  nor  to  dogs  brought  into  the  city  and  entered  for 
exhibition  at  any  dog  show ; provided,  said  dogs  are  led 
by  a chain,  rope,  leash  or  similar  contrivance,  or  confined  in 
a box  or  basket,  nor  dogs  under  three  (3)  months  of  age. 


City  Code,  (1879)  Art.  33,  Sec.  21.  City  Code,  (1893)  Art.  33,  Sec.  21. 
Ord.  96,  June  15,  1898. 


22.  Any  person  or  persons  who  shall  hinder,  molest  or  penalty  for  ob- 
interfere  with  any  one  duly  authorized  or  empowered  to  forcement®'"' 
perform  any  duty  under  the  two  next  preceding  sections 


1204 


WATER  RENTS  AND  EICENSES — ORDINANCES.  [arT.  41. 


of  this  Article  or  shall  use  a licensed  tag  on  a dog  for 
which  it  was  not  issued,  or  remove  such  licensed  tag  from 
the  collar  of  a dog  without  the  consent  of  the  owner  shall 
be  liable  to  a fine  of  ten  dollars  ($10) . 


City  Code,  (1879)  Art.  33,  Sec.  22.  City  Code,  (1893)  Art.  33,  Sec.  22. 

Ord.  96,  June  15,  1898. 

wnertore-  porson  claiming  a dog  seized  under  the  pro- 

sion  musf  visions  of  section  20  of  this  Article  and  proving  ownership 
of  50  thereof  shall  be  entitled  to  resume  possession  of  the  same 
on  payment  of  the  sum  of  fifty  (50)  cents  ; provided,  how- 
ever, such  claim  shall  be  made  before  the  expiration  of  the 
forty-eight  hours  as  provided  in  section  20  of  this  Article. 


City  Code,  (1879)  Art.  33,  Sec.  23.  City  Code,  (1893)  Art.  33,  Sec.  23. 

Ord.  96,  June  15,  1898. 

24.  The  Mayor  is  authorized  and  empowered,  to  con- 
for  the’  tract  for  and  on  behalf  of  the  Mayor  and  City  Council  of 

of  111  Baltimore  pursuant  to  the  provisions  of  sections  14  and  15 
of  the  City  Charter,  for  the  seizure  and  destruction  of 
such  unlicensed  animals  of  the  dog  kind  as  shall  from  time 
to  time  be  found  running  at  large  within  the  limits  of  the 
city  of  Baltimore ; provided,  however,  that  such  contract 
shall  not  be  for  a longer  period  than  three  years  unless  re- 
newed, nor  for  a greater  contract  price  annually  than  the 
sum  of  two  thousand  dollars  ($2,000),  and  the  net  amount 
of  money  received  by  the  Collector  of  Water  Rents  and 
Licenses  for  license  fees  and  fines  remaining  after  payment 
of  the  expenses  incurred  by  him  in  carrying  out  his  duties 
under  sections  20,  21  and  22  of  this  Article ; provided, 
roviso.  however,  that  any  excess  of  money  paid  the  Collector  of 
Water  Rents  and  Licenses  under  sections  21  and  22  of  this 
Article  after  paying  the  expenses  incurred  by  such  con- 
tractor, shall  revert  to  the  city  treasury. 

City  Code,  (1879)  Art.  33,  Sec.  25.  City  Code,  (1893)  Art.  33,  Sec.  25. 

Ord.  96,  June  15,  1898. 

25.  No  poisoned  meat  or  any  poisonous  substance  shall 
be  cast  into  any  of  the  streets,  lanes  or  alleys  or  public 


ART.  41.]  OIT  AND  FDUID  ILLUMINANTS — ORDINANCES. 


1205 


places  of  the  city  for  the  purpose  of  destroying  dogs  or  other  Penalty  for 
animals ; and  any  person  or  persons  violating  the  provisions  dogs  by  cast 
of  this  section  shall  on  conviction  be  subject  to  a fine  of  meat  in 
ten  dollars  ($10). 


Oil  and  Fluid  Eluminants. 

Ord.  35,  April  1,  1881.  City  Code,  (1893)  Art.  28,  Sec.  25. 

26.  It  shall  not  be  lawful  for  any  person  or  persons, 
or  firm,  or  corporation,  to  barter,  give,  sell  or  offer  for 
sale,  in  the  city  of  Baltimore,  in  quantities  less  than  a 
barrel,  any  oil  or  fluids  made  from  petroleum  or  its  pro- 
ducts, and  used  for  illuminating  purposes,  without  having 
first  obtained  for  that  purpose  a license  from  the  Collector 
of  Water  Rents  and  Licenses  ; and  it  shall  be  the  duty  of 
the  Collector  of  Water  Rents  and  Licenses  to  issue  such 
licenses  annually  and  to  charge  the  sum  of  one  dollar  for 
each  of  such  licenses ; and  also,  to  keep  a record  of  the 
name  and  place  of  business  of  each  and  all  persons  who 
may  take  out  a license  under  the  provisions  of  this  section  ; 
and  also,  to  furnish  to  the  Assistant  Superintendent  of 
Lamps  and  Lighting  a correct  copy  of  such  record. 

Ord.  35,  April  1,  1881.  City  Code,  (1893)  Art.  28,  Sec.  26. 

27.  Any  person  or  persons  or  firm,  who  shall  barter, 
give,  sell  or  offer  for  sale,  in  the  city  of  Baltimore,  in 
quantities  less  than  a barrel,  any  oil  or  fluids  made  from 
petroleum  or  its  products,  and  used  for  illuminating  pur- 
poses, without  having  first  complied  with  the  provisions  of 
the  next  preceding  section  of  this  Article  by  having  first 
obtained  a license,  shall  forfeit  and  pay  a fine  of  fifty 
dollars  for  each  and  every  offence,  to  be  collected  and  paid 
to  the  Comptroller. 


Pawnbrokers. 

City  Code,  (1879)  Art.  33,  Sec.  29.  City  Code,  (1893)  Art.  33,  Sec.  36. 

28.  The  Collector  of  Water  Rents  and  Licenses  is 
authorized  to  grant  licenses,  under  the  corporate  seal,  to 


1206 


WATER  RENTS  AND  LICENSES— ORDINANCES.  [aRT.  41. 


Pawnbroker’s 

licenses. 


Term  of  and 
fee. 


License  neces- 
sary. 


Place  and 
hours  of  bus- 
iness. 


Bond  from 
licensee. 


such  person  or  persons  as  shall  produce  to  him  satisfactory- 
evidence  of  his,  her  or  their  good  character,  to  exercise  or 
carry  on  the  trade  or  business  of  pawnbrokers,  which 
license  shall  designate  the  house  in  which  such  person  or 
persons  shall  respectively  be  licensed  to  carry  on  the  said 
trade  or  business;  and  each  person  receiving  the  said 
license  shall  pay  therefor  the  sum  of  two  hundred  dollars, 
and  the  license  granted,  as  aforesaid,  shall  continue  for 
the  term  of  one  year,  and  may  be  renewed  on  application 
to  the  Collector  of  Water  Rents  and  Licenses  each  and 
every  year  on  payment  of  the  same  sum;  all  licenses 
granted  as  aforesaid,  to  terminate  the  first  week  in  January 
of  each  year. 


Ord.  37,  April  7,  1890.  City  Code,  (1893)  Art.  33,  Sec.  37. 

29.  No  person  shall  use,  exercise  or  carry  on  the  trade 
or  business  of  pawnbroker  in  this  city,  without  having 
such  license  as  aforesaid,  nor  in  any  other  house  than  the 
one  designated  in  said  license,  unless  in  case  of  removal; 
the  Collector  of  Water  Rents  and  Licenses  shall  endorse 
on  said  license  the  house  to  which  the  party  shall  have 
removed,  and  no  house  wherein  said  trade  or  business  is 
carried  on  shall  be  opened  at  an  earlier  hour  than  seven 
0^ clock  in  the  morning,  nor  shall  it  be  kept  open  later  than 
seven  o’clock  in  the  evening,  except  between  the  15th  day 
of  December  and  the  31st  day  of  December  (inclusive), 
when  it  may  be  kept  open  until  thirty  minutes  after 
eleven  o’clock  P.  M.,  and  also,  except  upon  Saturdays  and 
on  the  evenings  preceding  legal  holidays,  when  it  may  be 
kept  open  until  eleven  o’clock  P.  M. 


City  Code,  (1879)  Art.  33,  Sec.  31.  City  Code,  (1893)  Art.  33,  Sec.  38. 

30.  Every  person  so  licensed  as  aforesaid  shall,  at  the 
time  of  receiving  such  license,  enter  into  an  obligation  to 
the  Mayor  and  City  Council  of  Baltimore,  with  good  and 
sufficient  sureties,  to  be  approved  by  the  Mayor  and  the 
presidents  of  both  branches  of  the  City  Council,  or  a 


ART.  41.] 


PAWNBROKERS — ORDINANCES . 


1207 


majority  of  them,  in  the  penal  sum  of  five  hundred  dollars, 
conditioned  for  the  faithful  observance  of  the  provisions  of 
this  Article  and  such  other  ordinances  as  may  be  passed 
on  this  subject. 


City  Code,  (1879)  Art.  33,  Sec.  32.  City  Code,  (1893)  Art.  33,  Sec.  39. 

31.  Each  and  every  pawnbroker  licensed  as  aforesaid  Transactions 
shall  be  capable  of  receiving  from  any  person  or  persons,  tificates  to 
(except  a minor  or  apprentice,  knowing  or  having  reason 
to  believe  him  to  be  such, ) bodies  corporate,  or  politic,  any 
deposit  of  merchandise  of  every  description,  as  collateral 
security  for  such  amounts  thereon  to  be  advanced  by  them, 
as  they  may  deem  proper  and  judicious,  and  to  hold  and 
retain  the  same  during  such  time  as  may  be  agreed  on 
between  the  party  or  parties  depositing  the  same  and  the 
said  pawnbrokers,  and  to  charge  for  such  advances,  inter- 
est at  the  established  legal  rate,  and  an  additional  charge 
as  hereinafter  specified,  appropriate  to  the  nature  of  the 
deposit,  and  the  proper  storage,  removal  and  care  of  the 
same,  and  shall  give  to  the  party  or  parties  so  depositing, 
a certificate  specifying  the  sum  advanced,  the  date  of 
deposit,  the  article  or  articles  deposited,  the  amount  of 
charge,  the  time  for  which  such  deposits  shall  be  kept,  as 
well  as  the  name  of  the  depositor,  and  his,  her  or  their 
place  of  business,  and  if  none,  of  abode. 


City  Code,  (1879)  Art.  33,  Sec.  33.  City  Code,  (1893)  Art.  33,  Sec.  40. 

32.  The  article  so  deposited  may,  and  if  so  agreed,  shall  sale  of  pledge, 
be  held  by  said  pawnbroker  six  months,  to  be  computed 
from  the  date  of  certificate  as  aforesaid,  and  if  not  then 
redeemed,  or  by  contract  the  certificate  thereof  be  renewed, 
it  shall  and  may  be  lawful  for  the  said  pawnbroker  then  to 
proceed  to  have  such  deposit  sold,  on  first  giving  ten  days' 
notice  in  a newspaper  published  in  said  city,  of  the  time, 
place  and  mode  of  sale  for  cash  and  at  public  sale,  which 
shall  be  affected  by  an  agent  by  said  pawnbroker  to  be 
designated;  whereat  it  shall  and  may  be  lawful  for  the 
pawnbroker,  when  by  him  deemed  essential  for  self-protec- 
tion, to  be  a competitor,  and  upon  such  sale  being  made, 


1208 


WATER  RENTS  AND  LICENSES — ORDINANCES.  [arT.  41. 


an  account  thereof,  sworn  to  by  the  agent  effecting  the 
same  as  in  all  respects  fair  and  bona  fide,  shall  be  rendered 
to  and  kept  by  said  pawnbroker,  and  a copy  thereof  shall 
be  delivered  on  reasonable  demand  to  the  depositor  of  the 
matter  so  sold,  whereof  the  proceeds  shall  be  applied;  first, 
to  the  payment  of  all  expenses  usual  and  incident  to  such 
sale,  inclusive  of  any  tax  that  thereon  may  be  chargeable 
legally;  secondly,  to  the  legal  interest  and  charges  hereby 
authorized  on  advance  and  deposit  as  aforesaid  and  as 
herein  specified;  thirdly,  to  reimbursing  to  the  pawnbroker 
the  principal  advanced,  any  deficiency  wherein  shall  be  a 
valid  claim  against  such  depositor;  and  any  surplus  shall 
be  payable  and  paid  to  said  depositor,  or  the  party  thereto 
legally  entitled,  if  demanded  at  any  time  within  twelve 
months  from  the  day  of  such  sale. 


City  Code,  (1879)  Art.  33,  Sec.  34.  City  Code,  (1893)  Art.  33,  Sec.  41. 

Rates  of  33.  It  shall  be  lawful  for  the  said  pawnbroker,  in  view 

charge.  reason  of  the  necessity  of  extensive  storage,  labor 

incident  thereto,  porterage,  insurance  and  other  expenses 
inseparable  from  the  nature  of  the  business  hereby  author- 
ized, as  affording  a desirable  and  advantageous  facility  to 
the  commercial  and  other  classes  of  society,  to  charge 
therefor  in  addition  to  interest,  at  a reasonable  rate,  in  no 
case  to  exceed  two  cents  on  the  dollar  each  month,  to  be 
computed  on  the  principal  advanced  as  aforesaid,  and  shall 
cause  to  be  kept  in  suitable  books  therefor,  to  be  provided 
by  said  pawnbroker,  an  accurate  account  of  each  transac- 
tion authorized  by  this  sub-division  of  this  Article,  and 
all  the  business  and  affairs  of  said  pawnbroker  shall  be 
subject  at  all  times  to  inspection  of  such  agent  or  officers 
of  Baltimore  city,  or  of  such  committee  as  for  that  purpose 
may  be  designated  by  the  Mayor  and  City  Council  of 
Baltimore. 


City  Code,  (1879)  Art.  33,  Sec.  35.  City  Code,  (1893)  Art.  33,  Sec.  42. 

Suits  against  34.  If  any  person  or  persons  shall  sustain  any  injury 
Sn  or  damage  from  any  act  or  default  of  a pawnbroker,  con- 

trary to  the  tenor  of  his  obligation  as  aforesaid,  such  per- 


ART.  41.] 


PAWNBROKERS — ORDINANCES . 


1209 


son  or  persons  may  institute  an  action  in  any  court  having 
jurisdiction,  for  his,  her  or  their  use,  or  benefit,  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore,  upon 
the  obligation  given  as  aforesaid,  in  which  action  he,  she 
or  they  shall  recover  judgment  for  the  amount  of  the 
damages  so  sustained. 


City  Code,  (1879)  Art.  33,  Sec.  36.  City  Code,  (1893)  Art.  33,  Sec.  43. 

35.  It  shall  be  the  duty  of  the  City  Register  to  ad ver- Advertisement 
tise,  quarter  yearly,  in  one  or  more  of  the  public  papers, 
the  names  of  the  several  persons  within  the  city  who  have 
been  duly  licensed  as  pawnbrokers ; and  it  shall  be  the 
duty  of  the  officers  of  the  city  to  inform  against  all  persons 
offending  against  any  of  the  provisions  of  this  subdivision 
of  this  Article. 


City  Code,  (1879)  Art.  33,  Sec.  37.  City  Code,  (1893)  Art.  33,  Sec.  44. 

36.  No  license  as  a pawnbroker  shall  be  granted  to  any  to  whom 
person  who  has  an  ordinary  license,  or  license  for  the  retail-  not  be 
ing  of  spirituous  liquors ; and  any  license  to  any  pawnbroker, 
granted  as  aforesaid  may  be  revoked  or  annulled  by  the 
Mayor,  if  there  should  appear  to  him  sufficient  cause  for 
so  doing. 


City  Code,  (1879)  Art.  33,  Sec.  38.  City  Code,  (1893)  Art.  33,  Sec.  45. 

37.  Any  person  offending  against  any  of  the  provisions 
of  this  subdivision  of  this  Article  shall  forfeit  a sum  not 
exceeding  fifty  dollars  for  each  and  every  offence  ; and 
any  person  who  shall  receive  any  pledge  on  which  he  shall 
advance  money  and  take  a receipt  for  a larger  sum  than 
he  actually  advances,  shall  forfeit  a sum  not  less  than  two 
hundred  nor  more  than  three  hundred  dollars  for  each  and 
every  offence  ; all  fines  and  penalties  imposed  by  this  sub- 
division of  this  Article  are  to  be  collected  as  other  fines 
and  penalties  are  collected. 


1210 


WATER  RENTS  AND  EICENSES— ORDINANCES.  [aRT.  41. 


Pole  Licenses. 

(^Telegraph ^ Telephone  and  Electric  Lighf). 

Ord.  86,  April  20,  1893.  City  Code,  (1893)  Art.  50,  Sec.  74.  Ord.  31, 
March  27,  1894,  Secs.  1,  2 and  3. 

Owners  of  tele-  38.  All  persons  and  corporations  having,  using  or  main- 
Sone’,  SI?-  taining,  or  hereafter  using  or  maintaining,  any  telegraph, 
Other  such  telephone,  electric  light  or  other  poles,  in  any  of  the 
list  with  streets,  lanes  or  alleys  of  the  city  of  Baltimore,  shall, 
wS  Renats  annually,  between  the  fifteenth  day  of  December  and  the 
and  Licenses,  day  of  January,  in  each  and  every  year,  file  with  the 
Collector  of  Water  Rents  and  Licenses  a list  of  all  such 
poles  so  used,  possessed  or  maintained  by  them,  giving  the 
accurate  locations  of  each  of  such  poles,  and  shall  also 
have  stamped,  painted  or  printed,  in  legible  characters, 
their  name  as  owner  upon  each  of  such  poles ; said  list 
giving  the  license  number  of  each  and  every  pole  (wherever 
such  license  shall  have  been  issued)  and  if  in  front  of  a store 
What  the  list  or  dwelling,  giving  the  number  of  the  same,  and  the  names 
ot  corners  ot  intersecting  streets  on  which  any  poles  are, 
or  may  hereafter  be  located ; and  the  Collector  of  Water 
Rents  and  Licenses  is  authorized  and  directed  to  notify  in 
writing  the  various  telegraph,  telephone  and  electric  com- 
panies in  the  city  of  Baltimore  that  a complete  list  of  the 
poles  as  aforesaid  must  be  sent  to  the  Collector  of  Water 
Rents  and  Licenses  within  three  (3)  months  from  the  date 
of  such  notification ; any  telegraph,  telephone  or  electric 
company  now  doing  business,  or  hereafter  doing  business 
in  the  city  of  Baltimore  which  shall  fail  to  furnish  said  list 
of  poles,  shall  be  subject  to  a penalty  of  not  less  than  ten 
dollars  ($10)  and  one  dollar  ($1)  per  day  for  every  day  they 
shall  fail  to  comply  therewith  after  said  written  notice 
shall  have  been  given  as  aforesaid. 


Ord.  86,  April  20,  1893.  City  Code,  (1893)  Art.  50,  Sec.  75. 

Annual  fee  of  39.  Annually  in  the  first  week  of  January  all  persons 
therefSr.^'^^'^  or  corporations  shall  pay  to  the  Collector  of  Water  Rents 
and  Licenses  a fee  of  two  dollars  for  each  and  every  tele- 
graph, telephone,  electric  light  or  other  pole  used,  possessed 
or  maintained  by  them  in  any  of  the  streets,  lanes  or  alleys 


ART.  41.] 


POLE  LICENSES — ORDINANCES. 


1211 


of  the  city  of  Baltimore,  except  trolley  poles,  used  exclu- 
sively for  stringing  thereon  wires  for  use  in  the  propulsion, 
by  electricity,  of  street  passenger  cars.  Upon  receiving 
the  above  fee,  the  Collector  of  Water  Rents  and  Licenses 
shall  deliver  to  the  person  or  corporation  paying  the  same 
a tin  plate,  with  a plain  and  conspicuous  num^ber  thereon, 
to  be  provided  in  the  manner  prescribed  in  the  next  sue-  owners, 
ceeding  section  of  this  Article,  for  each  and  every  pole 
upon  which  the  said  license  fee  is  paid,  and  shall  also  enter 
in  a book,  to  be  kept  for  that  purpose,  the  name  of  the 
person  or  corporation  to  whom  the  license  is  issued,  and 
the  number  of  poles  for  which  it  is  issued,  and  the  number 
of  the  tin  plates  delivered  to  the  person  paying  such  license 
fee ; he  shall  also  deliver  to  such  person  or  corporation  a 
certificate,  under  his  own  hand  and  the  seal  of  the  city,  that 
such  person  or  corporation  has  paid  the  required  license  fee  license  fee. 
for  that  year,  on  the  specified  number  of  poles,  and  has 
received  the  tin  plates  of  the  given  numbers  therefor ; 
such  person  or  corporation  shall  then  have  one  of  such  tin 
plates  securely  fastened  in  some  conspicuous  place  upon 
each  of  the  poles  used,  possessed  or  maintained  by  it  or  him. 

Postal  Tel.  Cable  Co.  v.  Baltimore,  79  Md.  508. 


Ord.  86,  April  20,  1893,  City  Code,  (1893)  Art.  50,  Sec.  76. 

40.  It  shall  be  the  duty  of  the  Collector  of  Water  Rents  collector  of 
and  Licenses  annually  on  or  before  the  first  day  of  January  ^J^LicenS 
to  purchase  a sufficient  number  of  tin  plates,  numbered 
with  plain  conspicuous  figures,  beginning  with  number 
one,  and  so  on  progressively,  to  be  furnished  as  prescribed 
in  the  next  preceding  section  of  this  Article  to  the  persons 
or  corporations  using,  possessing  or  maintaining  telegraph, 
telephone,  electric  light  or  other  poles  other  than  trolley 
poles  used  exclusively  for  stringing  wires  thereon  for  use 
in  the  propulsion,  by  electricity,  of  street  passenger  cars  ; 
the  Collector  of  Water  Rents  and  Licenses  shall  cause  to 
be  stamped  on  each  of  such  tin  plates,  with  a proper  die, 
the  year  in  which  they  are  issued  ; the  said  plates  to  be  of  thereof 
suitable  size  and  description,  in  the  discretion  of  the  Col- 
lector of  Water  Rents  and  Licenses,  and  to  be  paid  for  out 
of  the  appropriation  for  general  licenses. 


1212 


WATKR  RENTS  AND  RICKNSES — ORDINANCES.  [arT.  41. 


Removal  of 
poles  not 
listed. 


Default. 


Penalty  for 
violating 
foregoing 
provisions. 


Ord.  86,  April  20,  1893.  City  Code,  (1893)  Art.  50,  Sec.  77. 

41.  All  telegraph,  telephone,  electric  light  and  other 
poles  in  any  of  the  streets,  lanes  and  alleys  of  the  city  of 
Baltimore,  (except  trolley  poles  used  exclusively  for  string- 
ing thereon  wires  for  use  in  the  propulsion  of  street 
passenger  cars, ) which  have  not  been  included  in  any  list 
filed  in  accordance  with  the  provisions  of  section  38  of  this 
Article,  with  the  Collector  of  Water  Rents  and  Licenses  or 
upon  which  the  name  of  the  owner  is  not  legibly  painted, 
printed  or  stamped,  or  upon  which  the  above  mentioned 
license  fee  has  not  been  paid,  or  on  which  the  above  pre- 
scribed tin  plate  is  not  securely  fastened  in  some  conspicuous 
place,  during  or  before  the  first  week  in  January  in  any  year, 
shall  be  forthwith  removed  by  its  owner,  and  in  default 
thereof  may  be  cut  or  taken  down  by  the  City  Engineer 
and  removed  from  the  streets  by  him  in  addition  to  the 
said  owner  incurring  the  penalties  provided  in  the  next 
succeeding  section. 


Ord.  86,  April  20.  1893.  City  Code,  (1893)  Art.  50,  Sec.  78. 

42.  Any  person  or  persons,  or  corporation  using, 
possessing  or  maintaining  any  telegraph,  telephone,  elec- 
tric light  or  other  poles  in  any  of  the  streets,  lanes  and 
alleys  of  the  city  of  Baltimore,  who  or  which  shall  fail  to 
file  with  the  Collector  of  Water  Rents  and  Licenses,  a list 
of  said  poles  between  the  fifteenth  day  of  December  and 
the  first  day  of  January,  annually,  as  prescribed  in  section 
38  of  this  Article,  or  who  shall  fail  to  have  stamped, 
printed  or  painted  in  legible  characters,  his,  or  its  name  as 
owner  upon  each  of  such  poles,  as  prescribed  in  said 
section  38  by  the  first  week  in  January  of  each  and  every 
year,  or  if  belonging  to  the  classes  required  to  pay  a fee  of 
two  dollars  on  each  pole  by  section  39,  shall  fail  to  pay  the 
said  fee  or  shall  fail  to  have  the  tin  plate  therein  prescribed 
securely  fastened  in  some  conspicuous  place  by  the  first 
week  in  January  of  each  and  every  year,  upon  all  such 
telegraph,  telephone,  electric  light  or  other  poles  so  used, 
possessed  or  maintained  by  him,  them  or  it,  shall  forfeit 
and  pay  a fine  of  ten  dollars  for  each  pole  upon  which  he, 


ART.  41.] 


PRIVIES — ORDINANCES . 


1213 


they  or  it  are  so  in  default;  such  fine  to  be  collected  as 
other  fines  and  penalties  for  the  violation  of  city  ordi- 
nances are  collected. 


Ord.  89,  May  18,  1894. 

43.  Nothing  contained  in  sections  38  to  42  inclusive  of  Certain  poles 
this  Article  shall  be  deemed  or  held  to  apply  to  any  pole 
bearing  a public  lamp  or  lamp  used  to  light  any  street, 
lane  or  alley,  or  other  public  place  in  the  city. 


Privies. 

City  Code,  (1879)  Art.  23,  Sec.  75.  City  Code,  (1893)  Art.  23,  Sec.  95. 

44.  No  person  shall  remove  the  contents  of  any  privy, 
well  or  sink,  within  the  limits  of  the  city,  without  having 
first  obtained  a license  from  the  Collector  of  Water  Rents  License  to 
and  Licenses  so  to  do ; and  every  person  offending  against  any 
of  the  provisions  of  this  section  shall  for  every  such  offence 
forfeit  and  pay  the  sum  of  twenty-five  dollars,  and  also  be 
liable  to  the  penalty  for  creating  or  maintaining  a nuisance. 


City  Code,  (1879)  Art.  23,  Sec.  76.  City  Code,  (1893)  Art.  23,  Sec.  96. 

45.  Every  person  desirous  of  being  licensed  to  empty 
or  remove  the  contents  of  privy  wells  and  sinks,  shall 
make  application  in  writing  to  the  Collector  of  Water  Rents 
and  Licenses,  who,  after  conference  with  the  Commissioner  Application  to 
of  Health,  on  being  satisfied  with  the  character  of  the  wite?Ren^^^ 
applicant,  and  the  security  and  tightness  of  his  cart  or  f(5!Aic?ns"es®^’ 
carts,  and  that  he  is  the  owner  of  such  horses  and  cart  or 
carts  as  represented  in  his  application,  and  that  he  is  not 
in  collusion  or  combination  with  others  to  defraud  the 
corporation,  may  grant  him  a license  for  one  year,  and 
renew  the  same  from  time  to  time;  and  for  such  license  so 
granted  and  for  each  renewal  of  the  same  he  shall  pay 
therefor  to  the  Collector  of  Water  Rents  and  Licenses  the 
sum  of  two  and  a half  dollars  for  each  and  every  cart;  and 
every  person  so  licensed  shall  give  bond  to  the  City,  with 
security  to  be  approved  by  the  Collector  of  Water  Rents 


1214 


WATER  RENTS  AND  EICENSES — ORDINANCES.  [arT.  41. 


Bond.  Licenses,  in  the  penal  sum  of  five  hundred  dollars, 

conditioned  for  the  faithful  performance  of  all  the  duties 
enjoined  by  this  and  the  next  preceding  sections  of  this 
Article,  and  the  Collector  of  Water  Rents  and  Licenses 
upon  complaint  of  the  Commissioner  of  Health  may  revoke 
or  suspend  any  such  license. 

Street  Venders^  Licenses, 

City  Code,  (1879)  Art.  33,  Sec.  39.  City  Code,  (1893)  Art.  33,  Sec.  46. 

license  topoor  The  Collector  of  Water  Rents  and  Licenses  is 

SifrSits?  hereby  authorized  and  empowered  to  grant  licenses  to  as 
|akes  nuts,  jy^^ny  poor  persons  as  to  him  may  appear  proper,  to  permit 
them  to  keep  tables  or  baskets  on  the  footways  across  the 
gutters  of  the  streets  of  the  city,  with  the  consent  of  the 
occupiers  of  the  houses  before  which  such  tables  or  baskets 
may  be  placed,  for  the  purpose  of  exposing  for  sale,  fruits, 
cakes,  nuts,  and  other  articles  that  it  has  heretofore  been 
customary  for  persons  of  that  description  to  sell;  and  any 
person  keeping  such  table  without  license  shall  forfeit  and 
pay  one  dollar  for  every  day  the  table  may  be  so  kept. 

City  Code,  (1879)  Art.  33,  Sec.  40.  City  Code,  (1893)  Art.  33,  Sec.  47. 

47.  It  shall  not  be  lawful  for  any  person  or  persons  to 
Oranges,  soll  or  offor  for  Sale  in  any  of  the  streets,  lanes,  alleys  or 

highways  of  the  city,  any  oranges,  lemons  or  limes,  with- 
out having  previously  obtained  from  the  Collector  of  Water 
Rents  and  Licenses  of  the  city  a license,  for  which  each 
person  shall  pay  annually  the  sum  of  two  dollars,  and 
every  offender  against  the  provisions  of  this  section  shall 
forfeit  and  pay  a sum  not  exceeding  two  dollars  for  each 
and  every  offence. 

City  Code,  (1879)  Art.  33,  Sec.  41.  City  Code,  (1893)  Art.  33,  Sec.  48. 

48.  No  license  granted  under  the  next  preceding  sec- 
^iSns?toseii.  tion  shall  authorize  the  sale  of  oranges,  lemons  or  limes  by 

more  than  one  individual;  and  all  sales  under  such  license 
shall  be  made  by  the  person  named  therein,  and  not  by 


ART.  41.]  STREET  VENDERS’  LICENSES — ORDINANCES. 


1215 


any  agent  or  other  person,  and  no  person  so  licensed  shall 
sell  or  offer  for  sale  any  fruit  without  having  his  or  her 
license  about  his  or  her  person,  and  every  offender 
against  any  of  the  provisions  of  this  section  shall  forfeit 
and  pay  the  sum  of  ten  dollars. 


City  Code,  (1879)  Art.  33,  Sec.  42.  City  Code,  (1893)  Art.  33,  Sec.  49. 

49.  But  the  person  or  persons  aforesaid  shall  not  be  Notice  to 
liable  for  the  fines  and  penalties  imposed  by  the  two  next 
preceding  sections,  unless  a notice  has  been  given  to  the 
person  or  persons  so  offending,  and  the  necessary  time  has 
been  allowed  for  a compliance  with  the  requirements  of 
said  sections;  provided,  however,  that  the  provisions  of 
this  section  shall  not  be  applicable  to  anyone  who  may 
commit  the  same  offense  a second  time,  or  fail  to  comply 
with  the  requirements  after  the  said  notice  has  been  given, 
or  where  the  offence  was  knowingly  or  wilfully  committed. 


Ord.  45,  April  15,  1890.  City  Code,  (1893)  Art.  33,  Sec.  51. 

50.  It  shall  not  be  lawful  for  any  person  or  persons,  or  Fresh  fruits 
firm,  to  sell  or  offer  for  sale  in  the  streets  and  highways  vegetables, 
of  Baltimore  city,  any  fresh  fruits,  vegetables  or  other 
perishable  articles,  without  having  first  obtained  from  the 
Collector  of  Water  Rents  and  Licenses  of  Baltimore  city, 
who  is  hereby  authorized  to  grant  the  same,  a license, 
which  said  license  is  to  expire  on  the  first  day  of  January 
in  each  and  every  year. 


Ord.  45,  April  15,  1890.  City  Code,  (1893)  Art.  33,  Sec.  52. 

51.  A license  of  twenty-five  dollars  is  required  for  any  Amount  of 
person  or  persons,  or  firm,  to  sell  fresh  fruits,  vegetables  sSsYrom 
or  other  perishable  articles  from  any  wagon  within  the 
limits  of  the  city  of  Baltimore,  and  a license  of  fifteen  dol- 
lars is  required  from  any  person  or  persons  selling  said 
articles  in  said  city,  from  any  basket. 

Salfner  v.  State,  84  Md.  299. 


1216 


Attendants 
upon  each 
wagon. 


Penalty. 


For  private 
families  { 
ordinary 
domestic 
purposes. 


WATKR  RENTS  AND  LICENSES — ORDINANCES.  [arT.  41. 

Ord.  45,  April  15,  1890.  City  Code,  (1893)  Art.  33,  Sec.  53. 

52.  Each  wagon  shall  be  attended  by  not  more  than 
two  men,  and  such  persons  and  each  basketman  shall  wear 
a badge  conspicuously  displayed,  to  be  supplied  by  the 
Collector  of  Water  Rents  and  Licenses  and  to  be  numbered 
in  conformity  with  the  number  of  the  license  and  wagon 
under  which  they  and  each  of  them  are  selling. 


Ord.  45,  April  15,  1890.  City  Code,  (1893)  Art.  33,  Sec.  54. 

53.  Any  person  or  persons  selling  or  offering  for  sale 
the  articles  named  in  section  51  of  this  Article,  without  first 
having  obtained  the  license  and  wagon  number,  as  provided 
for  in  said  section  51,  shall  forfeit  and  pay  a fine  of 
twenty  dollars  for  each  and  every  offence;  and  any  person 
or  persons  neglecting  to  conspicuously  display  the  badge, 
as  provided  in  section  52  hereof,  shall  forfeit  and  pay  a fine 
of  one  dollar  for  each  and  every  offence,  and  the  fines  and 
moneys  received  from  the  licenses  named  in  said  section 
51  are  to  be  deposited  with  the  Comptroller  to  the  credit 
of  the  city  of  Baltimore. 


Water  Rents.  * 

City  Code,  (1879)  Art.  53,  Sec.  16.  Ord.  90,  October  10,  1883.  City 

Code,  (1893)  Art.  54,  Sec.  16.  Ord.  135,  May  13,  1901.  Ord.  130, 
March  19,  1903.  Ord.  125,  July  5,  1904. 

54.  The  following  shall  be  the  annual  rates  or  charges 
for  the  use  of  water  by  private  families  for  ordinary 
domestic  purposes  in  the  city  of  Baltimore:  For  the  use 
of  water  for  such  purposes  in  a dwelling  house  which 
exceeds  forty  feet  front,  twenty-five  dollars  ($25) ; for  the 
use  of  water  for  such  purposes  in  a dwelling  house  over 
thirty-five  feet  front  and  not  over  forty  feet  front,  twenty- 
three  dollars  ($23) ; for  the  use  of  water  for  such  purposes 

*NoTK. — Ord.  125,  July  5,  1904,  repealed  and  re-ordained  section  16, 
Art.  54,  City  Code,  1893,  as  said  section  was  repealed  and  re-ordained 
by  Ord.  135,  May  13,  1901.  This  ordinance  was  inserted  in  this  Article 
in  order  to  group  together  the  ordinances  relating  to  licenses  and  water 
rents. 


ART.  41.] 


WATER  RENTS — ORDINANCES. 


1217 


in  a dwelling  house  over  thirty  feet  front  and  not  over 
thirty-five  feet  front,  twenty-one  dollars  ($21);  for  the 
use  of  water  for  such  purposes  in  a dwelling  house  over 
twenty-five  feet  front  and  not  over  thirty  feet  front,  nine- 
teen dollars  ($19) ; for  the  use  of  water  for  such  purposes 
in  a dwelling  house  over  twenty-two  feet  front  and  not  over 
twenty-five  feet  front,  seventeen  dollars  ($17) ; for  the  use 
of  water  for  such  purposes  in  a dwelling  house  over  nine- 
teen feet  front  and  not  over  twenty-two  feet  front,  fifteen 
dollars  ($15) ; for  the  use  of  water  for  such  purposes  in  a 
dwelling  house  over  eighteen  feet  front  and  not  over  nine- 
teen feet  front,  thirteen  dollars  ($13) ; for  the  use  of  water 
for  such  purposes  in  a dwelling  house  over  seventeen  feet 
front  and  not  over  eighteen  feet  front,  twelve  dollars  ($12) ; 
for  the  use  of  water  for  such  purposes  in  a dwelling  house 
over  sixteen  feet  front  and  not  over  seventeen  feet  front, 
nine  dollars  ($9) ; for  the  use  of  water  for  such  purposes 
in  a dwelling  house  over  fifteen  feet  front  and  not  over 
sixteen  feet  front,  seven  dollars  ($7) ; for  the  use  of  water 
for  such  purposes  in  a dwelling  house  over  fourteen  feet 
front  and  not  over  fifteen  feet  front,  six  dollars  ($6) ; for 
the  use  of  water  for  such  purposes  in  a dwelling  house  over 
thirteen  feet  front  and  not  over  fourteen  feet  front,  five 
dollars  ($5) ; for  the  use  of  water  for  such  purposes  in  a 
dwelling  house  over  twelve  feet  front  and  not  over  thirteen 
feet  front,  four  dollars  ($4) ; for  the  use  of  water  for  such 
purposes  in  a dwelling  house  twelve  feet  front  or  under, 
two  dollars  and  fifty  cents  ($2.50) ; for  houses  of  irregular 
shape  occupied  by  private  families  exclusively  as  dwellings, 
or  where  the  front  foot  charge  would  not,  due  to  the 
character  of  the  water  fixtures,  in  the  opinion  of  the  Water  Bo?rd  shau 
Board,  be  a proper  basis  for  the  payment  of  water  used,  ^ 
the  said  board  is  hereby  authorized  to  make  such  annual 
charges  for  the  use  of  water  in  such  houses  for  ordinary 
domestic  purposes  as  the  said  board  in  its  discretion  shall 
deem  proper. 

No  water  shall  be  used  for  power  or  for  other  than  water  not  to  be 
ordinary  domestic  purposes  in  any  dwelling  where  the  rate  powe^n 
is  based  upon  the  front  foot  rule,  by  any  private . family  without  spe- 
without  a special  permit  for  such  use  first  obtained  from 


1218  WAT^R  RENTS  AND  EICKNSES— ORDINANCES.  [arT.  41. 

the  Water  Board,  which  permit  shall  designate  the  charac- 
ter of  such  use  and  the  terms  and  conditions  upon  which 
^and“cLrge  Water  shall  be  so  used;  and  the  charge  for  such  use 
for  permit,  shall  be  such  US  the  Water  Board  shall  in  its  discretion 
deem  proper,  and  shall  be  in  addition  to  the  charge  for  the 
use  of  water  in  such  houses  for  ordinary  domestic  pur- 
poses, and  no  water  shall  be  used  by  any  private  family 
for  any  purpose  other  than  ordinary  domestic  purposes 
without  such  permit  first  had  and  obtained,  and  then  only 
upon  the  terms  and  conditions  in  such  permit  set  forth. 
Any  person  or  persons  using  water  in  a private  dwelling 
house  for  any  purpose  than  ordinary  domestic  purposes, 
without  having  obtained  the  permit  above  provided  for, 
^ ' shall  forfeit  and  pay  for  each  and  every  such  offence  a fine 

not  exceeding  five  dollars. 

For  each  and  every  horse  owned  and  used  in  the  city  of 
water^used  by  Baltimore,  not  used  for  drays,  carts  or  wagons,  there  shall 
be  a charge  of  one  dollar  and  fifty  cents  ($1.50)  per  annum; 
provided,  that  whenever  the  Water  Board  shall  deem 
proper,  it  shall  have  power  to  install  a water  meter  in  any 
stable  or  other  place  in  which  any  horse  or  horses  is  or  are 
kept,  and  in  such  case  the  charge  for  water  shall  be  ascer- 
tained from  such  meters  at  the  rate  hereinafter  prescribed, 
and  shall  be  in  lieu  of  any  other  charge  for  water  for  such 
horse  or  horses. 


Ord.  135,  May  13,  1901.  Ord.  125,  July  5,  1904. 

55.  For  each  and  every  carriage  owned  and  used  in  the 
city  of  Baltimore  there  shall  be  a charge  of  one  dollar  and 
fifty  cents  ($1.50)  per  annum. 


Ord.  135,  May  13,  1901.  Ord.  125,  July  5,  1904. 

steam  boilers.  56.  For  each  and  every  steam  boiler  used  for  gener- 
ating steam  for  engines  only,  when  using  the  water  supplied 
by  the  city,  there  shall  be  a fixed  annual  charge  of  three 
dollars  ($3)  per  horse  power,  and  such  charges  shall  be  in 


ART.  41.] 


WATER  RENTS— ORDINANCES. 


1219 


addition  to  any  charge  made  against  the  building  or  prem- 
ises in  which  said  boiler  or  boilers  may  be  contained  for 
the  use  of  the  water  therein  for  any  other  purpose. 

Ord.  125,  July  5,  1904. 

57.  The  water  for  the  use  of  hydraulic  elevators  where  Hydraulic  eie- 

vators. 

the  return  tank  system  is  not  used,  shall  be  at  the  rate  of 
sixty  cents  per  one  thousand  cubic  feet,  and  the  board 
shall  have  the  right  if  in  its  judgment  the  state  of  the 
water  supply  requires  it,  to  refuse  to  supply  water  for 
hydraulic  elevators,  unless  the  return  tank  system  is  used. 


Ords.  118,  119,  120,  February  2,  1903.  Ord.  122,  February  26,  1903. 

Ord.  123,  March  16,  1903.  Ord.  125,  March  18,  1903.  Ords.  126, 

128,  129,  131,  March  19,  1903.  Ord.  140,  April  9,  1903.  Ord. 

125,  July  5,  1904. 

58.  For  all  orphan  asylums,  reformatories,  homes,  for  charitable 
the  aged,  homes  for  the  fallen,  hospitals,  dispensaries  and  where  over 
Other  charitable  institutions  which  give  free  care  or  treat-  inmates  are 
ment  to  over  two-thirds  of  their  inmates  or  patients,  a rate 
of  seven  and  one-half  cents  per  one  thousand  cubic  feet. 


Ord.  125,  July  5,  1904. 

59.  For  all  the  above  institutions  which  give  free  care  sa™e.  where 

^ between  one- 

or  treatment  to  between  one-third  and  two-thirds  of  their  third  and 

two-thirds  of 

inmates  or  patients,  a rate  of  fifteen  cents  per  one  thou- 
sand  cubic  feet. 


Ord.  125,  July  5,  1904. 

60.  For  all  of  the  above  institutions  which  give  free  same,  where 
care  or  treatment  to  some  but  not  less  than  one-third  of  one-th1?d  of 
their  inmates  or  patients,  a rate  of  twenty-two  and  one-  f?e“.^ 
half  cents  per  one  thousand  cubic  feet. 


Ord.  125,  July  5,  1904. 

61.  For  all  of  the  above  institutions  which  give  no  free  same,  no  free 
care  or  treatment  to  any  inmates  or  patients,  a rate  of  thirty 
cents  per  thousand  cubic  feet. 


1220 


WATER  RENTS  AND  EICENSES — ORDINANCES.  [arT.  41. 


Churches  and 
other  relig- 
ious cor- 
porations. 


Schools,  etc. 


Measurement 
of  water. 


What  “free 
care”  means 


Water  Board  t( 
fix  rates  for 
said  institu- 
tions. 


Res.  39,  March  19,  1903.  Ord.  125,  July  5,  1904. 

62.  For  all  churches,  missions,  Christian  associations, 
church  settlements,  temperance  unions,  deaconess  homes 
and  other  religious  institutions  used  as  such,  not  schools, 
academies  or  colleges,  a rate  of  thirty  cents  per  thousand 
cubic  feet. 


Ord.  19,  December  24,  1901.  Ord.  127,  March  19,  1903.  Ord.  125, 
July  5,  1904. 

63.  For  all  schools,  academies,  colleges  and  universi- 
ties, a rate  of  thirty-seven  and  one-half  cents  per  thou- 
sand cubic  feet. 


Ord.  125,  July  5,  1904. 

64.  The  water  used  under  the  provisions  of  this  sub- 
division of  this  Article  shall  be  measured  by  a water 
meter,  furnished  by  the  Water  Department. 


Ord.  125,  July  5,  1904. 

65.  Free  care  or  treatment  of  inmates  or  patients  must 
■ be  shown  to  be  absolutely  without  charge  to  the  inmates 
or  patients  themselves,  their  guardians,  relatives  or 
friends,  or  to  their  employes  or  to  the  State  or  city. 


Ord.  125,  July  5,  1904. 

66.  In  determining  the  rate  to  be  paid  under  the  pro- 
visions of  this  sub-division  of  this  Article  by  any  of  the 
institutions  above  mentioned,  the  rate  for  each  year  shall 
be  fixed  by  the  Water  Board  at  the  beginning  of  each 
year,  and  it  shall  be  based  upon  the  sworn  statement  of 
the  governing  boards  or  officials  of  these  institutions  as  to 
the  proportion  of  absolutely  free  inmates  or  patients 
received  or  treated  as  above  described,  during  the  preced- 
ing year  and  such  action  of  the  Water  Board  shall  be  final. 


1221 


ART.  41.]  WATER  RENTS — ORDINANCES. 

Ord.  90,  October  10,  1883.  City  Code,  (1893)  Art.  54,  Sec.  70.  Ord. 

15,  March  18,  1895.  Ord.  125,  July  5,  1904. 

67.  A tax  of  one  cent  on  every  one  hundred  dollars^  ^waterise/by 
($100)  worth  of  assessable  property  in  the  city  of  Balti-  corporation, 
more  and  in  like  proportion  for  any  greater  or  less  amount, 
shall  be  annually  levied  and  imposed  for  the  payment  of 
the  charges  made  by  the  Water  Board  against  the  Mayor 
and  City  Council  of  Baltimore  for  the  use  of  water  in  any 
of  the  departments  of  the  city  government,  embracing  the 
City  Hall,  City  Jail,  Bay  View  Asylum,  market  houses, 
market  halls,  public  schools,  engine  houses,  public  parks 
or  squares.  Court  House,  sub-department  of  the  Harbor 
Board,  House  of  Refuge,  Fire  Department  for  extinguishing 
fires,  and  all  other  uses  and  exemptions  ordered  by  the 
Mayor  and  City  Council  of  Baltimore. 


Ord.  125,  July  5,  1904. 

68.  For  the  use  of  water  for  any  purpose  except  for 
the  purpose  and  in  buildings  of  the  character  above  desig-  poses^oth?^' 
nated,  whether  such  water  be  used  within  said  buildings  SStiWd 
or  outside  thereof,  the  charges  shall  be  at  such  rates  and 
shall  be  ascertained  in  such  manner,  and  the  water  shall 
be  used  upon  such  terms  and  conditions  as  the  Water 
Board  shall  prescribe,  and  full  power  and  authority  is 
hereby  delegated  to  said  board  to  assess  and  establish  Board  to^assess 
fixed  annual  charges  for  the  use  of  water  in  said  buildings 
and  to  charge  the  same  if  it  is  deemed  advisable,  and  to 
determine  the  terms  from  year  to  year  and  the  conditions 
upon  which  the  same  may  be  used;  provided,  that  such 
fixed  charges  or  rates,  if  and  when  established  shall  Rates  to  be 
be  uniform  for  all  individuals,  firms  or  corporations  en- 
gaged  in  the  same  class  or  description  of  business  or  occu- 
pation; and  provided  further  that  if  the  said  board  in  any 
case  shall  deem  proper  and  advisable,  it  shall  have  full 
power  and  authority  to  install  in  any  of  said  buildings 
proper  water  meters,  and  to  ascertain  by  said  meters,  water  Board 
the  amount  of  water  used;  and  such  meter  rates  shall  be  S?fe?rafes. 
in  lieu  and  instead  of  any  fixed  charge  for  water  used  in 
such  buildings,  save  only  the  charge  for  the  steam  boilers 


1222 


WATER  RENTS  AND  EICENSES — ORDINANCES.  [arT.  41. 


Exceptions,  hereinbefore  provided  for,  which  shall  be  in  addition  to 
said  meter  charges,  and  the  charge  for  hydraulic  elevators 
shall  be  at  the  rate  above  prescribed. 


Ord.  125,  July  5,  1904. 

Water  bills  to  69.  The  bills  for  water  used  or  work  done  by  the  sub- 
quarterly.  department  of  the  Water  Board  to  be  collected  quarterly 
by  the  Collector  of  Water  Rents  and  Licenses,  and  bills 
therefor  shall  be  paid  within  ten  days  after  the  same  are 
due,  or  the  Water  Engineer  shall  cut  off  the  supply. 

Ord.  125,  July  5,  1904. 

Water  Board  The  Water  Board  shall  have  full  power  and  authority 

to  abate  any  charge  for  water  made  against  any  property, 
whether  the  same  be  made  by  meter,  fixed  charge  or 
otherwise,  whenever  the  said  board  in  its  discretion  may 
for  any  cause  deem  such  abatement  proper  and  advisable, 
and  said  abatement  may  in  the  discretion  of  said  board  be 
of  the  whole  or  any  part  of  the  charge  so  made  and  upon 
such  terms  and  conditions  as  said  board  may  deem  advisable 
and  may  prescribe. 


Ord.  125,  July  5,  1904. 

7ater Board  The  Water  Board  is  hereby  authorized  to  tem- 

walte  porarily  suspend  and  prohibit  the  use  of  water  for  washing 

water.  pavomonts,  streets,  etc.,  when  in  its  judgment  the  state 

of  the  water  supply  requires  that  the  same  be  done,  and 
any  person,  w^ho  after  notice  from  the  Water  Board  to 
cease  using  water  for  washing  pavements,  streets,  etc., 
shall  use  a hose  attachment  therefor,  shall  upon  arrest  and 
enaity.  conviction  pay  a fine  not  exceeding  five  dollars. 


Ord.  125,  July  5,  1904. 

Rates  for  water  72.  For  wator  fumishod  boyond  the  limits  of  the  city 
ouSmc  o'f  of  Baltimore,  the  rates  and  charges  provided  for  by  this 
city  limits.  sub_(jivision  of  this  Article  shall  be  paid  in  accordance  with 
the  uses  to  which  said  water  may  be  put;  provided,  how- 
ever, that  the  Water  Board  may  in  its  discretion  increase 


ART.  41.]  VEHICLES,  BOATS  AND  SCOWS — ORDINANCES. 


1223 


such  rates  and  charges  for  water  furnished  outside  the  city 
limits  beyond  the  rates  charged  for  water  used  for  the 
same  purposes  as  in  the  city  limits,  if  in  its  discretion  it 
considers  such  increase  advisable  and  in  such  case  the 
amount  of  such  increase  shall  be  in  the  discretion  of  the 
Water  Board. 


Ord.  125,  July  5,  1904.  Ord.  102,  March  27,  1906. 

73.  Nothing  in  this  sub-division  of  this  Article  contained 
shall  be  construed  as  conferring  any  power  or  authority 
upon  the  Water  Board  to  impose  or  collect  charges  for  the 
water  used  in  connection  with  cellar  drainers  in  buildings 
used  or  occupied  as  private  dwellings,  but  the  Water  Board 
is  hereby  authorized  to  prohibit  the  installation  of  any 
non-automatic  cellar  drainer  in  any  premises,  the  owner 
of  which  may  in  the  future  desire  to  install  a cellar 
drainer. 


Vehicles,  Boats  and  Scows. 

City  Code,  (1879)  Art.  8,  Sec.  26.  City  Code,  (1893)  Art.  8,  Sec.  27. 

74.  It  shall  be  the  duty  of  the  Mayor  to  withdraw  the 
license  from  any  vehicle  licensed  by  the  city,  the  driver  of 
which  shall  violate  a second  time  any  of  the  provisions  of 
this  Article  regulating  the  speed  of  horses  and  vehicles. 


City  Code,  (1879)  Art.  8,  Sec.  27.  City  Code,  *(1893)  Art.  8,  Sec.  28. 

75.  The  Collector  of  Water  Rents  and  Licenses  shall 
issue  all  licenses  for  and  numbers  of  carriages,  wagons 
and  other  vehicles,  boats  and  scows  as  enumerated  in  the 
succeeding  section,  he  accounting  with  the  Comptroller 
for  the  same. 


Ord.  4,  April  4,  1891.  City  Code,  (1893)  Art.  8,  Sec.  29. 

76.  All  hackney  coaches,  buggies,  cabs  and  gigs,  kept 
for  hire,  and  all  wagons,  furniture  carriages,  carts,  drays, 
package  carts,  boats  (other  than  open  rowboats,  of  every 


Proviso  relat- 
ing to  cellar 
drainers  in 
private 
dwellings. 


Revocation  of 
license. 


Collector  of 
Water  Rents 
and  Licenses 
to  issue  li- 
censes there- 
for. 


Vehicles  to  be 
numbered 
and  licensed. 


1224 


WATKR  RENTS  AND  EICENSES — ORDINANCES.  [arT.  41. 


description)  and  scows,  owned  or  commonly  used  or  em- 
ployed in  the  city,  shall  be  numbered  with  plain  conspicuous 
figures,  on  plates  of  tin,  to  be  provided  as  hereinafter 
directed,  to  begin  with  number  one  and  so  on  progressively, 
and  the  owner  or  owners  of  such  carriages,  boats  or  scows, 
shall  annually  appear  at  the  office  of  the  Collector  of  Water 
Rents  and  Licenses,  and  have  entered  in  a book  kept  for 
that  purpose,  his  or  her  name,  place  of  abode,  and  the 
description  of  every  such  carriage,  boat  or  scow  by  him  or 
her  owned,  and  the  number  thereon  to  be  affixed,  and  such 
owner  or  owners  shall  take  out  a license  containing  his, 
her  or  their  number,  and  signed  by  the  Collector  of  Water 
Rents  and  Licenses,  with  the  seal  of  the  city  thereto  affixed, 
and  no  owner  shall  be  permitted  to  use  or  employ,  or  let  for 
hire  on  any  street,  lane  or  alley,  nor  in  any  water  within 
the  city,  any  hackney  coach,  buggy,  cab  or  gig,  kept  for 
hire,  wagon,  furniture  carriage,  cart,  dray,  package  cart, 
boat  (other  than  an  open  row-boat)  or  scow,  until  he,  she 
or  they  shall  first  comply  with  the  regulations  herein  con- 
tained ; and  should  any  holder  or  owner  thereof  use  or 
employ  any  such  carriage,  boat  or  scow  within  the  city, 
before  he,  she  or  they  shall  have  fully  complied  with  the 
requirements  of  this  sub-division  of  this  Article  and  the 
regulations  herein  contained  he,  she  or  they  shall  be  liable 
to  forfeit  and  pay  for  every  such  offence  a fine  of  five 
dollars. 

See,  decision  of  Brown,  C.  J.,  City  Court,  March  21,  1874,  im'e,  Fred- 
erick V.  Mayor,  etc. 

Ord.  22,  April  4,  1891.  City  Code,  (1893)  Art.  8,  Sec.  30. 

Termination  of  77.  All  licenses  shall  terminate  on  the  first  day  of 
license.  January  in  each  year,  but  the  holder  of  a license  can  at 
any  time  between  that  time  and  the  expiration  of  the  first 
week  in  January,  take  out  a new  license  without  being 
subject  to  the  penalty  imposed  by  section  76  hereof. 

Ord.  22,  April  4,  1891.  City  Code,  (1893)  Art.  8,  Sec.  31. 

Tin  plates  with  78.  It  shall  be  the  duty  of  the  Collector  of  Water  Rents 
be^rovMed.  and  Licenses,  annually,  on  or  before  the  first  day  of  Jan- 


ART.  41.]  VEHICLES,  BOATS  AND  SCOWS — ORDINANCES. 


1225 


uary  in  each  and  every  year,  to  purchase  a sufficient  number 
of  tin  plates,  numbered  with  plain  conspicuous  figures, 
beginning  with  number  one,  and  so  on  progressively,  two 
of  each  to  correspond  with  the  number  of  the  carriage, 
boat  or  scow,  and  also  to  purchase  suitable  dies  for  the 
arithmetical  numbers,  and  the  figures  standing  for  the  date 
of  the  year  in  which  said  numbers  were  issued  shall  be 
stamped  on  the  top  of  each  numbered  plate;  the  said  plate 
to  be  of  suitable  size  and  description  in  the  discretion  of  the 
Collector  of  Water  Rents  and  Licenses,  and  to  be  paid  for 
out  of  the  appropriation  to  the  Collector  of  Water  Rents  and 
Licenses  in  the  annual  ordinance  of  estimates;  and  it  shall 
be  the  duty  of  the  Collector  of  Water  Rents  and  Licenses 
to  furnish  for  each  licensed  carriage,  boat  or  scow,  two  of 
said  tin  plates,  with  number  corresponding  with  the  number 
of  the  license,  and  the  record  of  said  carriage,  boat  or 
scow,  which  numbered  plates  shall  be  fastened  on  each 
side  of  and  the  most  conspicuous  part  of  such  carriage, 
boat  or  scow,  so  that  the  numbers  may  be  plainly  seen, 
under  a penalty  of  two  dollars.  The  Collector  of  Water  where  num- 
Rents  and  Licenses  shall  furnish  to  those  who  take  out  pfaceS^  ° 
private  carriage  licenses,  a single  number,  painted  upon  a 
tin  plate  that  shall  not  measure  more  than  2 3-4x2  inches, 
which  number  shall  be  placed  upon  the  hindermost  part  of 
the  hind  axle  of  the  carriage  by  the  owner  or  owners 
thereof. 


Ord.  22,  April  4,  1891.  City  Code,  (1893)  Art.  8,  Sec.  32. 

79.  All  persons  who  take  out  licenses  under  sections  76  owners  may 
to  78  of  this  Article  are  hereby  authorized  to  provide  num- 
bers  for  their  carriages,  wagons  and  other  vehicles,  of 
such  design  as  to  them  may  seem  proper,  such  numbers  to 
conform  with  their  license,  the  same  to  be  in  a conspicuous 
place;  provided  that  the  number  furnished  by  the  Collector 
of  Water  Rents  and  Licenses  be  nevertheless  attached  to 
such  carriage  or  wagon  in  such  place  inside  the  carriage  or 
wagon  as  he  may  direct.  All  persons  availing  themselves 
of  the  privileges  of  this  section  can  retain  the  same  number 
from  year  to  year  by  annual  notice  to  the  Collector  of 


1226 


WATER  RENTS  AND  EICENSES — ORDINANCES.  [arT.  41. 


Rates  of 
licenses. 


False  entry 
change  of 
number. 


Water  Rents  and  Licenses  previous  to  the  expiration  of 
the  first  week  in  January  of  each  year,  and  those  desiring 
to  retain  their  old  numbers  may  do  so  by  similar  notice. 


Ord.  22,  April  4,  1891.  City  Code,  (1893)  Art.  8,  Sec.  33. 

80.  The  owner  or  owners  of  any  carriage,  boat  or  scow, 
obtaining  a license  therefor,  shall  pay  the  Collector  of 
Water  Rents  and  Licenses,  for  the  use  of  the  city,  for 
every  hackney  coach,  cab  or  other  pleasure  carriage  kept 
for  hire,  and  drawn  by  two  horses,  five  dollars  for  the 
annual  license;  for  every  hackney  coach,  cab  or  other 
pleasure  carriage  kept  for  hire,  and  drawn  by  one  horse, 
three  dollars  for  the  annual  license;  for  every  wagon  or 
vehicle  of  any  kind,  drawn  by  more  than  three  horses  or 
mules,  ten  dollars  for  the  annual  license;  for  every  wagon, 
cart,  or  other  carriage  of  burden,  drawn  by  one  (1)  horse 
or  mule,  two  dollars,  and  for  each  additional  horse  or  mule, 
the  sum  of  two  dollars  each;  for  each  boat  (other  than  an 
open  rowboat)  or  scow,  two  dollars  for  the  annual  license; 
for  every  package  cart,  one  dollar  for  the  annual  license; 
transfers  of  any  of  these  licenses  must  be  made  at  the 
office  of  the  Collector  of  Water  Rents  and  Licenses  and  no 
charge  must  be  made  therefor. 


City  Code,  (1879)  Art.  8,  Sec.  33.  City  Code,  (1893)  Art.  8,  Sec.  34. 

81.  If  any  person  shall  cause  or  procure  a false  entry 
to  be  made  of  any  carriage,  boat  or  scow,  or  after  a true 
entry,  shall  alter  the  number  of  his  carriage,  boat  or  scow, 
thus  registered,  or  not  having  a license,  shall  permit  a 
number  to  be  fixed  to  or  remain  on  his  or  her  carriage, 
boat  or  scow,  he  or  she  shall  forfeit  and  pay  for  every  such 
offence  the  sum  of  twenty  dollars. 


Note. — As  to  limitation  upon  powers  of  a municipal  corporation  to  fix 
license  fees,  see^  Vansant  v.  Harlem  Stage  Coach  Co.,  59  Md.  330. 
Mason  v.  Cumberland,  99  Md.  451. 


ART.  41.J  VEHICLES,  BOATS  AND  SCOWS — ORDINANCES. 


1227 


City  Code,  (1879)  Art.  8,  Sec.  34.  City  Code,  (1893)  Art.  8,  Sec.  35. 

82.  No  owner  of  any  carriage  shall  use  the  same  in  use  without 

. . • 1 1 • 1 T license  pro- 

carrying  or  transporting  any  person  or  persons  within  the  hiwted. 
said  city  for  hire  or  pay,  unless  such  owner  shall  appear  at 
the  office  of  the  Collector  of  Water  Rents  and  Licenses 
and  make  entry  and  take  out  license  as  aforesaid,  and 
number  such  carriage  on  the  middle  panel  or  other  con- 
spicuous place,  of  each  side,  with  plain  and  conspicuous 
figures,  and  the  same  renew  annually;  and  such  owner 
shall  be  subject  to  all  other  rules  and  regulations  herein 
contained  as  well  as  such  rules  and  regulations  as  are  con- 
tained in  Article  4 of  this  Code  respecting  wagoners,  carters, 
and  draymen,  and  shall  be  liable  to  the  same  forfeitures 
and  penalties  upon  the  non-compliance  with  or  violation  of 
any  such  rules  or  regulations. 


City  Code,  (1879)  Art.  8,  Sec.  35.  City  Code,  (1893)  Art.  8,  Sec.  36. 

83.  It  shall  not  be  lawful  for  the  owner  or  owners  of  Number  and 
any  carriage,  wagon,  cart,  dray,  package  cart,  furniture  co?re^>ond. 
wagon,  boat  or  scow,  to  retain  or  suffer  to  be  placed  on 
any  such  vehicle  any  other  number  than  one  corresponding 
with  the  license  for  the  same,  and  any  person  or  persons 
violating  the  provisions  of  this  section,  shall  be  subject  to 
a fine  of  three  dollars. 


Ord.  22,  April  4,  1891.  City  Code,  (1893)  Art.  8,  Sec.  37. 

84.  It  shall  be  the  duty  of  the  Collector  of  Water  Rents  Advertisement 
and  Licenses  to  notify  all  persons  annually  of  the  necessity  of^w?ter 
of  attending  to  the  provisions  of  sections  76  to  83,  inclu-  ucense”"^ 
sive,  of  this  Article,  by  an  appropriate  advertisment  for 
ten  days  previous  to  first  day  of  January  inserted  in  all  the 
daily  papers  of  the  city,  and  of  the  privileges  accorded  by 
section  79  of  this  Article  by  advertising  the  same  annually 
for  five  days  previous  to  December  20th,  in  all  the  daily 
papers  of  the  city. 


1228 


WATER  RENTS  AND  EICENSES — ORDINANCES.  [arT.  41. 


Sales  by  poor 
women 
whose  stock 
does  not 
exceed  $40. 


Recovery  of 
fines  and 
penalties. 


Women^s  Merchandise  Licenses. 

Ord.  30,  April  15,  1879.  City  Code,  (1893)  Art.  35,  Sec.  39. 

85.  Nothing  in  this  Article  contained,  forbidding  the 
sale  of  any  manufactured  goods,  wares  or  merchandise, 
within  the  limits  of  the  markets,  shall  be  construed  to  ex- 
tend or  apply  to  any  poor  woman,  bona  fide  engaged  in  the 
business  on  her  own  account,  whose  stock  in  trade,  offered 
for  sale  in  the  limits  aforesaid,  shall  at  no  time  exceed  at 
cost  price  the  sum  of  forty  dollars;  provided,  such  woman 
shall  have  procured  a license  therefor  from  the  Collector 
of  Water  Rents  and  Licenses  of  the  city,  and  shall  have 
paid  for  such  license  the  sum  of  five  dollars  as  the  annual 
rate  thereof;  and  provided  further,  that  the  said  woman 
shall  be  the  vender  of  her  own  goods,  but  may,  during  her 
temporary  physical  disability,  substitute  some  one  person 
for  the  service,  who  shall  act  for  her  during  her  absence 
caused  by  such  indisposition;  and  provided  further,  that  if 
she  shall  employ  any  person,  except  in  the  manner  afore- 
said, the  clerk  of  the  market  shall  report  the  same  to  the 
Collector  of  Water  Rents  and  Licenses  of  the  city,  who 
may  cancel  the  license  aforesaid ; the  clerk  of  the  market 
may  also,  if  to  him  it  shall  appear  that  the  stock  of  goods 
shall  at  any  time  exceed  in  value,  at  the  cost  price,  the 
sum  of  forty  dollars,  select  two  disinterested  parties,  en- 
gaged in  the  same  line  of  business,  to  appraise  the  value 
of  said  stock  of  goods,  and  if  at  market  rates  said  stock 
shall  exceed  the  limit  aforesaid,  the  fact  shall  be  commun- 
icated to  the  Collector  of  Water  Rents  and  Licenses,  who 
may  revoke  the  license.  For  a violation  of  any  of  the 
provisions  of  this  section,  the  party  so  offending  shall  be 
subject  to  a fine  of  twenty  dollars  for  each  day  such  viola- 
tion may  be  continued. 

FINES  AND  PENALTIES. 

86.  All  fines  and  penalties  incurred  by  any  violation  of 
this  Article  for  the  recovery  of  which  no  provision  is  made 
herein,  shall  be  recovered  as  other  fines  and  penalties 
imposed  by  ordinance  are  recoverable,  and  when  collected 
shall  be  paid  to  the  Comptroller. 


EFFECT  OF  THIS  CODE 


1229 


EFFECT  OF 

1 . Code  not  to  impair  vested  rights ; 
repealable  or  revocable  rights 
unaffected  ; no  contract,  obli- 
gation, duty,  etc.,  to  be  re- 
leased or  discharged  ; suits  and 
actions  not  to  abate ; no  tax 
levied  or  proceeding  taken 
heretofore  to  be  affected  by  this 
Code ; same  thing  to  be  true 
in  relation  to  loans. 


THIS  CODE. 

2.  What  laws,  ordinances  and  res- 
olutions are  embraced  in  this 
Code ; laws  and  ordinances 
excluded  ; status  of  temporary 
public  ordinances,  quasi-public 
and  private  ordinances  and 
resolutions. 


EFFECT  OF  THIS  CODE  DEFINED. 

1 . No  provision  of  this  Code  shall  affect  or  impair,  or  code  not  to  im- 
be  construed  by  implication  to  affect  or  impair,  any  right 
vested  or  acquired  and  existing  at  the  time  of  its  adop- 
tion; provided  that  this  section  shall  not  be  construed  to 
make  irrepealable  or  irrevocable  any  right,  which,  before  ^rKocS.ie°^ 
the  passage  or  adoption  of  this  Code  was  repealable  or  rev-  afe^cted.”' 
ocable;  nor  shall  any  provision  of  this  Code  impair,  dis- 
charge or  release,  or  be  construed  to  impair,  discharge 
or  release,  any  contract,  obligation,  duty,  liability,  pen-  No  contract, 
alty  or  forfeiture  whatever  now  existing.  All  suits  duty,  etc.,  to 

and  actions,  both  civil  and  criminal,  pending,  or  which  or  dis- 
may hereafter  be  instituted  for  causes  of  .action  existing 
at  the  adoption  of  this  Code,  or  offences  already  committed 
against  any  ordinance  or  resolution  repealed  or  superseded 
by  the  provisions  of  this  Code,  shall  be  instituted,  pro- 
ceeded  with  and  prosecuted  to  final  determination  and  judg- 
ment as  if  this  Code  had  never  been  adopted.  No  tax 
levied  or  proceeding  taken  for  the  collection  of  any  such 
tax,  or  the  enforcement  of  the  payment  of  the  same,  before 
the  adoption  of  this  Code,  shall  in  any  manner  be  affected 
by  the  adoption  of  this  Code,  and  the  mode  of  procedure 
in  any  such  matter  shall  be  the  same  as  if  this  Code  had 
never  been  adopted,  and  the  same  thing  shall  be  true  of  i^oans. 
any  special  ordinance  or  resolution  relating  to  loans  passed 
before  the  adoption  of  this  Code. 


1230 


KFFEJCT  OF  THIS  CODE  DEFINED. 


What  laws,  or-  2.  This  Codo  is  a compilation  of  public  local  laws  relat- 
Srimbra^ed  applicable  to  the  Mayor  and  City  Council  of  Balti- 
in  this  Code,  more  and  public  general  ordinances  and  resolutions  of  the 
Mayor  and  City  Council  of  Baltimore,  and  does  not  include 
^oTdiSances  l^ws,  ordluauces  and  resolutions  of  a quasi-public,  private 
excluded,  qj.  temporary  nature;  all  ordinances  and  resolutions  of  the 
Mayor  and  City  Council  of  Baltimore,  in  force  and  effect 
^porlryS'icat  the  adoption  of  this  Code  of  a quasi-public,  private  or 
q^asTpubik  temporary  nature  and  not  inconsistent  with  or  repugnant 
o?din£S?  to  any  of  the  provisions  of  this  Code,  shall  have  the  same 
force  and  effect  as  if  this  Code  had  never  been  adopted. 


APPENDIXES. 


1232 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


APPENDIX  A. 

BURNT  DISTRICT  COMMISSION. 


Appointment,  Duties,  Powers  and 
Proceedings. 

1.  Appointment  of  Commission;  of 

whom  constituted ; eligibility 
for  appointment  to  ^Commis- 
sion ; removal ; vacancies; 
salaries ; quorum ; to  elect 
chairman  ; his  duties  ; secre- 
tary ; his  salary  ; duties  of  sec- 
retary ; records  of  Commission 
to  be  public ; employment  of 
assistants  ; offices  ; expense  of 
certain  assistance  to  City  Solic- 
itor to  be  included  in  expenses 
of  Commission. 

2.  Powers  and  duties  of  Commis- 

sion. 

3.  Additional  powers  to  be  granted 

by  municipality. 

4.  Proceedings  of  Commission  ; to 

prepare  map  of  burnt  district 
and  improvements  proposed ; 
city  officers  to  assist  Commis- 
sion ; Commission  to  report  to 
Board  of  Estimates  and  Board 
of  Public  Improvements  ; said 
boards  to  act  on  all  reports  as 
joint  body ; when  reports  ap- 
proved, to  widen,  straighten 
and  open  streets,  etc.;  to  ex- 
tend wharves  and  docks;  ac- 
quisition of  property  for  im- 
provements; to  amend  previous 
reports  and  make  additional 
reports. 

Acquisition  of  Lands. 

5.  Ma}^or  and  City  Council  through 

agency  of  Commission  to  ac- 
quire lands. 


6.  Validity  of  conveyance  of  land 

acquired  by  gift  or  surrender  ; 
conditions  of  such  acquisition; 
benefits  to  be  released  in  case 
of  gift. 

Appeals. 

7.  Right  of  appeal  from  decision 

of  Commission. 

Procedure  in  Making  Improve- 
ments. 

8.  Course  of  procedure  in  making 

improvements;  Commission  to 
advertise  notice  of  its  meetings 
to  assess  damages  and  benefits; 
awarding  compensation  to 
owners  of  lands  in  burnt  dis- 
trict ; assessing  benefits  to 
same ; payment  by  Commis- 
sion of  damages,  purchase 
price  and  expenses  not  to  re- 
lieve party  from  whom  due ; 
exceptions  as  to  additions  to 
basin  or  harbor. 

9.  Procedure  when  owner  of  lot,  a 

portion  of  which  is  taken , 
claims  compensation  for  the 
whole;  sale  of  such  lot;  re-sale. 

10.  Commission  to  advertise  state- 

ment of  contemplated  im- 
provements; meeting  of 
Commission  to  review  mat- 
ters in  statement ; closing 
review ; to  deposit  corrected 
statement  with  City  Register. 

11.  Clerk  of  Commission  to  serve 

individual  notice  upon  all 
parties  interested. 


BURNT  DISTRICT  COMMIvSSION — APPENDIX  A. 


1233 


12.  Rights  of  parties  dissatisfied 

with  awar(3  of  damages  or 
benefits  ; appeal  in  writing  to 
Baltimore  City  Court ; court 
to  try  all  questions  of  fact ; 
court  to  cause  record  to  be 
made  of  proceedings ; other 
powers  of  the  court  in  the 
premises. 

Collection  of  Be7iefits  Assessed. 

13.  City  Collector  to  notify  parties 

assessed  for  benefits ; such 
assessment  to  constitute  a 
lien. 

14.  City  Collector  to  sell  property 

when  assessment  of  benefits 
not  paid. 

15.  All  such  sales  to  be  made  in 

same  manner  as  sales  for 
failure  to  pay  taxes  ; re-sale. 

16.  City  Collector  to  execute  deed 

of  conveyance  when  such  sale 
made. 

Special  Provisions. 

17.  No  property  to  be  taken  until 

damages  are  paid  or  an  equiv- 
alent amount  invested  in  city 
stock. 

18.  Any  person  may  pay  the  sum 

assessed  and  such  payment  to 
vest  a lien  in  such  person. 

19.  Appointment  of  temporary 

Commissioner  where  member 
of  Commission  is  interested 
in  property. 

20.  Commission  to  discriminate  be- 

tween fee  simple  and  lease- 
hold interests. 

21.  Obstructions  to  be  removed  by 

Commission  and  expense 
thereof  to  be  collected  in  suit 
by  Mayor  and  City  Council. 


Expenses  of  Commission.  * 

22.  City  Register  to  pay  expenses 

upon  presentation  of 
vouchers. 

Further  Duties. 

23.  On  completion  of  work  on 

each  street,  etc.,  Commission 
to  deposit  records  thereof 
with  City  Register ; other 
duties  of  Commission. 

Title  of  City  to  Property  Acquired. 

24.  All  streets  conveyed  to  city 

under  this  Act  to  be  public 
highways. 

Assigm7ie7it  of  Damages. 

25.  Sums  of  money  to  be  paid  to 

interested  jjariies  as  damages 
ma}^  be  assigned  to  city  in 
lieu  of  benefits  due  city. 

Belief  ts. 

26.  Benefits  to  off-set  damages  in 

condemnation  of  property. 

Light  and  Pratt  SU'eets. 

27.  Providing  for  filling  up  basin. 

Powers  in  Closing  Streets. 

28.  Commission  may  proceed  under 

this  Act  or  under  powers  of 
Commissioners  for  Opening 
Streets,  or  under  special  ordi- 
nance; agreements  made  with 
interested  parties. 

Appropriations  to  Defray  Expen- 
ses of  Commission. 

29.  Municipality  empowered  to  ap- 

propriate money ; from  what 
source  to  be  appropriated ; 
appropriation  to  be  placed  to 
the  credit  of  “Burnt  District 
Fund.” 

Boundaries  of  Burnt  District. 

30.  Boundaries  defined. 


1234 


BURNT  DISTRICT  COMMISSION — APPKNDIX  A. 


Appointment 
of  “Burnt 
District 
Commis- 
sion.’ 


Eligibility  of 
said  board. 


Powers  of  City  Engineer  and  Com- 
missioner of  Street  Cleaning. 

31.  To  remain  unchanged  when 

not  in  conflict  with  this  Act ; 
disposition  of  records  and 
maps  as  work  is  completed. 

Burnt  District  Improvement  Loan . 

32.  Authority  to  issue  stock  not 

exceeding  six  million  dollars; 
ordinance  providing  for  such 
issue  to  be  approved  by 
people. 

Conveyance  of  State  Lands  in 
Burnt  District. 

33.  Authority  of  Governor,  Comp- 

troller of  the  Treasury  and 
Treasurer  to  convey  to  Com- 
mission. 


34.  May  convey  to  city  all  property 

required  in  widening  Tight 
Street ; to  execute  deeds  for 
same ; application  of  funds 
from  sale  thereof. 

Damages  for  Establishments  and 
Changes  of  Grade. 

35.  Commissioners  for  Opening 

Streets  to  award  such  dam- 
ages and  to  assess  benefits  ; 
no  compensation  for  sidewalk 
alterations  or  any  alterations 
beyond  building  line. 

36.  Fund  from  which  such  dam- 

ages to  be  paid. 

37.  Discount  for  early  payment  of 

benefit  assessments. 


BURNT  DISTRICT  COMMISSION. 

Appointments,  Duties,  Powers  and  Proceedings. 

1904,  ch.  87.  Sec.  1. 

1.  The  Mayor  of  the  city  of  Baltimore  is  hereby 
authorized  to  appoint  at  once,  in  the  manner  prescribed  in 
section  25  of  Article  4,  entitled  “City  of  Baltimore,  of  the 
Public  Local  Laws  of  Maryland,  and  subject  to  the  con- 
dition that  two  of  the  appointees  shall  be  members  of  the 
minority  party  within  the  meaning  of  section  30  of  said 
Article,  four  capable  and  upright  citizens  of  the  city  of 
Baltimore,  who,  together  with  the  Mayor,  himself  ex-officio, 
shall  constitute  a Special  Commission,  to  be  known  as  ‘ ‘The 
Burnt  District  Commission,’^  and  who  shall  continue  in 
office  until  the  work  of  said  Commission  has  been  com- 
pleted. If,  however,  the  Second  Branch  of  the  City 
Council  of  Baltimore  shall  reject  two  several  and  successive 
nominations  by  the  Mayor  to  position  on  said  Commission, 
he  shall  be  empowered  to  make  an  appointment  thereto  with- 
out its  confirmation.  No  municipal  officer,  or  other  officer  of 
the  Mayor  and  City  Council  of  Baltimore,  whether  holding 
a paid  or  unpaid  office  or  position  under  the  said  corporation, 
shall  be  eligible  for  appointment  to  said  Commission,  and 


APPOINTMENTS,  DUTIES,  POWERS,  p:TC. — APPENDIX  A. 


1235 


all  persons  appointed  to  said  Commission  shall  qualify  and 
be  subject  to  removal  by  the  Mayor,  except  that  there 
shall  be  no  removal  at  any  time  save  for  cause,  after 
charges  preferred,  as  prescribed  by  section  25  of  Article  4, 
entitled  ‘ ‘City  of  Baltimore,  ’ ’ of  the  Public  Local  Laws  of 
Maryland.  Any  member  of  said  Commission  may,  at  any 
time,  resign  therefrom  by  tendering  his  resignation,  in 
writing,  to  the  Mayor;  and  any  vacancy  in  said  Commis- 
sion occasioned  by  his  resignation,  removal,  death  or 
permanent  absence  from  this  State  of  the  incumbent  or  by 
supervening  incapacity  upon  his  part,  whether  physical  or 
mental,  to  discharge  his  duties,  or  by  any  other  cause 
operating  such  vacancy,  either  actually  or  in  effect,  shall 
be  filled  by  the  Mayor  in  the  manner  and  subject  to  all  the 
conditions  as  to  minority  representation  and  removal  here- 
inbefore provided  for  as  to  original  appointees  to  said 
Commission.  The  members  of  said  Commission  other  than 
the  Mayor  shall  receive  compensation  for  their  services  at  vSaiaries. 
the  rate  of  three  thousand  five  hundred  dollars  per  annum, 
except  the  chairman  thereof,  who  shall  receive  compensa- 
tion at  the  rate  of  four  thousand  dollars  per  annum.  A 
majority  of  the  members  of  said  Commission  shall  be  a 
lawful  quorum  for  the  transaction  of  business.  So  soon  as 
the  appointive  members  of  said  Commission  shall  have 
qualified  they  shall , with  the  Mayor  acting  as  a member  of 
said  Commission  ex-officio,  organize  by  the  election  of  one 
of  the  members  of  said  Commission  as  chairman  of  said 
Commission,  who  shall  be  removable  at  pleasure  by  said 
Commission,  and  shall  preside  over  the  meetings  of  said 
Commission  and  perform  such  other  duties  as  are  imposed 
on  him  by  this  Act  or  may  be  assigned  to  him  by  said  ^ ® 

Commission;  and  by  the  election  of  a secretary,  not  a 
member  of  said  Commission,  who  shall  be  removable  at 
pleasure  by  said  Commission,  shall  receive  such  compensa- 
tion as  it  may  determine,  not  exceeding  the  sum  of  two 
thousand  dollars  per  annum,  and  shall  enter  in  a well- 
bound  book  or  books  and  carefully  preserve  neat,  legible 
and  accurate  minutes  of  all  meetings  and  record  of  all 
proceedings  of  said  Commission,  and  make  true  copies  of 
all  notices  by  said  Commission  directed  to  be  published. 


1236 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


and  of  the  certificates  of  the  publication  thereof,  and 
perform  such  other  duties  as  usually  appertain  to  the  office 
of  secretary  of  a private  corporation,  or  as  are  imposed  on 
him  by  this  Act,  or  as  may  be  assigned  to  him  by  said 
Commission;  all  records  of  said  Commission  shall  be  public 
records,  and  it  shall  semi-annually  make  to  the  Mayor  a 
detailed  report  of  its  official  transactions  and  of  all  its 
expenditures.  And  said  Commission  may  employ  an 
surveyor  and  such  agents,  assistants,  clerks, 
’employes  and  laborers,  skilled  and  unskilled,  as  it  may 
deem  requisite  for  the  performance  of  the  duties  and  the 
execution  of  the  powers  imposed  and  conferred  on  it  by 
this  Act,  and  shall  fix  their  respective  compensations,  and 
shall  have  power  to  remove  or  discharge  them  at  its 
pleasure.  The  Mayor  and  City  Council  of  Baltimore  shall 
provide  proper  offices  for  said  Commission.  Said  Com- 
mission shall  include  in  its  expenditures  and  certify  to  the 
proper  city  authority  or  authorities  any  amounts  due  to 
such  conveyancers  and  assistants  as  the  City  Solicitor  may 
employ,  in  addition  to  the  ordinary  force  of  his  office,  for 
the  purpose  of  examining  such  titles  to  property  and  rights 
as  the  work  of  said  Commission  may  render  necessary  and 
proper  to  be  examined,  and  of  recording  the  abstracts  of 
such  titles;  which  said  conveyancers  and  assistants  the 
City  Solicitor  is  hereby  authorized  to  employ  at  such  rates 
of  compensation  as  he  shall  agree  upon,  and  to  discharge 
at  pleasure. 


1904,  ch.  87,  Sec.  2. 

uties  of  the  2.  Said  Commission  shall  have  the  following  powers  and 
Commission.  Charged  with  the  following  duties:  (1)  To  lay  out, 

open,  extend,  widen,  straighten  or  close  any  street,  lane 
or  alley,  or  any  part  thereof,  in  said  burnt  district.  (2) 
To  establish  and  fix  the  building  line  and  the  width  of  the 
sidewalks  on  any  street,  lane  or  alley  now  existing  or  to  be 
laid  out,  opened,  extended,  widened  or  straightened  in 
said  burnt  district.  (3)  To  open  public  squares  and  mar- 
ket spaces  in  said  burnt  district;  and  (4)  to  lay  out  addi- 
tions and  extensions  to  be  made  to  the  public  wharves  and 


APPOINTMENT,  DUTIES,  POWERS,  ETC. — APPENDIX  A. 


1237 


docks  of  Baltimore  city,  and  to  be  made  to  the  basin  or 
harbor  of  the  city  of  Baltimore,  and  to  acquire  for  and  in 
the  name  of  the  Mayor  and  City  Council  of  Baltimore  the 
lands  and  property  within  said  Burnt  District  which  may 
be  requisite  to  make  such  additions  and  extensions,  and  to 
define  the  extent  to  which  said  harbor  or  basin  is  to  be 
filled  in  in  said  burnt  district.  And  said  Commission  shall 
have  all  powers  neccessary  and  proper  to  the  exercise  of 
said  powers. 


1904,  ch.  87,  Sec.  3. 

3.  In  executing  the  powers  conferred  on  said  Com- 
mission by  section  2 of  this  Act,  and  in  making  the 
changes,  additions  and  improvements  set  out  in  any  report 
or  reports,  and  map  or  maps,  approved  as  provided  in  this 
Act,  the  said  Commission  shall  have  such  powers,  in  addi- 
tion to  those  herein  granted,  as  may  be  conferred  upon  it 
by  any  lawful  ordinance  or  ordinances  of  the  Mayor  and 
City  Council  of  Baltimore,  which  ordinance  or  ordinances 
the  Mayor  and  City  Council  is  hereby  fully  authorized  to 
adopt;  provided,  no  such  ordinance  or  ordinances  shall 
deprive  said  Commission  of  any  powers  conferred  on  it  by 
this  Act. 


19D4,  ch.  87,  Sec.  4. 

4.  The  method  of  proceeding  of  said  Commission  shall 
be  as  follows:  Immediately  on  its  appointment  and 
organization  and  as  soon  as  provision  has  been  made  by 
ordinance  for  the  expenses  of  said  Commission,  it  shall 
cause  to  be  prepared  on  such  scale  as  it  may  determine  a 
map  or  maps  of  said  burnt  district  or  of  any  part  thereof. 
It  shall  promptly  proceed  to  lay  down  on  said  map  or  maps 
and  to  locate  on  the  ground  (1)  the  streets,  lanes  and 
alleys  which  it  proposes  to  lay  out,  open,  extend,  widen, 
straighten  or  close  within  the  territory  covered  by  said 
map  or  maps.  (2)  The  building  lines  and  the  width  of  all 
sidewalks  which  it  proposes  to  establish  or  fix  within  the 
territory  covered  by  said  map  or  maps.  (3)  The  public 


Extra  powers 
to  be  grranted 
by  munici- 
pality. 


Proceedings  of 
.=aid  Com- 
mission 


1238 


BURNT  DISTRICT  COMMISSION— APPENDIX  A. 


City  boards  to 
act  on  all 
reports. 


squares  and  market  places  which  it  proposes  to  establish 
and  open  within  the  territory  covered  by  said  map  or 
maps.  (4)  The  additions  and  extensions  which  it  proposes 
to  make  to  the  public  wharves  and  docks,  and  to  the  basin 
or  harbor  of  the  city  of  Baltimore  within  the  territory 
covered  by  said  map  or  maps;  or  any  one  or  more  of  said 
changes,  additions  and  improvements.  The  Mayor  of  said 
city  is  hereby  authorized  to  direct  any  officer,  agent, 
employe  or  board  of  the  Mayor  and  City  Council  of  Balti- 
more to  furnish  such  maps  and  information  and  to  give 
such  assistance  as  may  be  requisite  to  enable  said  Com- 
mission to  have  prepared  such  map  or  maps  and  put  such 
proposed  changes,  additions  or  improvements  on  them, 
and  to  give  such  assistance  as  said  Commission  may 
require  to  carry  into  effect  its  work  under  this  Act.  Said 
Commission  shall  promptly  make  a detailed  report,  accom- 
panied by  such  map  or  maps  to  the  Board  of  Estimates 
and  the  Board  of  Public  Improvements  of  said  city  acting 
as  a joint  body.  And  such  Board  of  Estimates  and  Board 
of  Public  Improvements  are  hereby  constituted  a joint 
body  for  the  purpose  of  considering  said  report  or  reports, 
proposed  changes,  additions  and  improvements,  and  are 
hereby  authorized  to  act  as  said  joint  body.  Any  person 
who  is  a member  of  both  of  said  boards  shall  have  only 
one  vote  in  the  joint  body.  Said  joint  body  shall  immedi- 
ately meet  on  receiving  said  report  or  reports  and  shall 
give  immediate  consideration  to  said  report  or  reports,  or 
proposed  changes,  additions  and  improvements,  and  may 
approve  or  disapprove  the  same,  or  may  suggest  to  said 
Commission  any  modification  or  changes  thereof,  and 
unless  the  same  or  some  modification  thereof  shall  be 
agreed  upon  between  said  Burnt  District  Commission  and 
said  board,  such  plan  or  part  of  the  plan  upon  which  no 
agreement  shall  be  reached  shall  fail  of  effect.  When  the 
said  report  or  reports  and  map  or  maps  as  originally 
submitted  or  as  modified  on  such  suggestions  or  proposed 
changes,  has  been  approved  by  said  joint  body,  the  same 
shall  be  by  said  joint  body  forthwith  transmitted  to  either 
Branch  of  the  City  Council,  and  when  the  whole  or  parts 
thereof  shall  have  been  approved  by  ordinance  or  resolu- 


APPOINTMENT,  DUTIES,  POWERS,  ETC. — APPENDIX  A. 


1239 


tion  of  the  Mayor  and  City  Council  of  Baltimore,  and 
appropriations  shall  have  been  made  for  a part  of  the 
whole  of  the  expense  to  be  incurred  in  carrying  out  the 
parts  so  approved,  said  Commission  shall  immediately 
proceed  to  (1)  lay  out,  open,  extend,  widen,  straighten 
and  close  the  several  streets,  lanes  and  alleys;  (2)  and  to 
establish  and  fix  the  building  lines  and  sidewalks;  (3)  and 
to  open  and  establish  the  public  squares  and  market  spaces; 

(4)  and  to  provide  for  such  additions  or  extensions  to  the 
basin  or  harbor  of  the  city  of  Baltimore  and  to  the  public 
wharves  and  docks,  as  all  of  said  changes,  additions  and 
improvements  are  shown  on  or  by  said  report  or  reports, 
or  said  map  or  maps  which  have  been  so  approved  by 
ordinance  or  resolution  of  the  Mayor  and  City  Council  of 
Baltimore  and  for  which  appropriations  have  been  made 
as  aforesaid,  and  said  Commission  shall  promptly  lay  down 
or  locate  all  such  changes,  additions  or  improvements. 

And  said  Commission,  in  order  to  accomplish  this  work 
shall  promptly  proceed  to  acquire  in  the  name  of  the 
Mayor  and  City  Council  of  Baltimore,  and  by  the  methods 
in  this  Act  provided,  such  lands,  interests,  rights, 
franchises,  privileges  or  easements  as  may  be  requisite  to 
open,  extend,  widen  or  straighten  any  of  said  streets.  Acquisition  of 
lanes  or  alleys;  and  to  establish  and  fix  said  building  line 
and  the  width  of  said  sidewalks,  and  to  establish  and  open 
said  public  squares  and  market  spaces  and  to  make  such 
additions  and  extensions  to  the  public  wharves  and  docks 
and  to  the  basin  or  harbor  of  Baltimore.  The  said  Com- 
mission may,  at  any  time,  make  additional  report  or  re- 
ports, accompanied  by  map  or  maps,  and  may,  at  any  time, 
amend  any  of  its  reports  accompanied  by  a map  or  maps; 
subject,  however,  to  the  approval  of  the  majority  of  the 
said  joint  body,  composed  as  hereinbefore  provided,  and 
of  the  Mayor  and  City  Council  by  ordinance;  and  such 
additional  or  amended  report  or  reports  shall,  when  reports, 
approved  in  the  manner  aforementioned,  be  as  valid  for 
the  purposes  of  this  Act  as  said  original  report  or  reports 
and  map  or  maps.  And  such  amendments  and  additions 
shall  be  made  in  no  other  way  except  as  herein  prescribed. 


1240 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


Acquisition  of  Lands. 

1904,  ch.  87,  Sec.  5. 

City  to  5.  The  Mayor  and  City  Council  of  Baltimore,  acting  by 

b^a sift, t pur- and  through  the  agency  of  said  Burnt  District  Commission, 
may  acquire,  by  gift,  purchase,  lease,  whatever  the  dura- 
tion of  the  lease,  or  by  other  methods  of  acquisition,  or  by 
condemnation,  any  private  property,  rights  or  interests, 
franchises,  privileges  or  easements  that  may  be  required 
to  open,  widen,  extend,  straighten  or  close  any  street, 
lane  or  alley,  or  to  broaden  any  sidewalk  or  to  open  any 
public  square  or  market  space,  or  to  make  any  addition 
to  the  basin  or  harbor,  or  to  the  public  wharves  or  docks, 
as  shown  by  said  report  or  additional  or  amended  report  or 
reports,  and  map  or  maps  accompanying;  or  which  may  be 
required  in  the  execution  of  the  powers  and  the  perform- 
ance of  the  duties  vested  or  imposed  on  said  Commission 
by  this  Act. 


1904,  ch.  87,  Sec.  6. 

Validity  of  6.  When  said  Commission  shall  purchase  or  acquire,  by 
conveyance.  Surrender,  any  land  or  property  for  the  purpose  of 

executing  the  powers  conferred  on  it  by  section  2 of  this 
Act,  it  may,  so  soon  as  the  title  thereto  has  been  certified 
by  the  City  Solicitor,  have  the  same  conveyed  to  the  Mayor 
and  City  Council  of  Baltimore,  and  no  ordinance  shall  be 
requisite  to  the  validity  of  such  conveyance;  it  being  the 
intention  of  this  Act  that  said  Commission  shall  have  the 
full  and  absolute  authority  to  agree  with  the  owner  or 
owners  upon  all  the  terms  of  such  gift,  purchase  or  other 
voluntary  alienation,  including  the  purchase  price  or  con- 
sideration in  the  case  of  such  purchase  or  other  voluntary 
alienation;  and  the  owner  or  owners  of  any  land  or  property, 
to  be  acquired  for  any  of  the  purposes  aforesaid,  who 
shall,  in  writing,  authorize  said  Commission,  or  the  Mayor 
and  City  Council  of  Baltimore,  to  enter  on  or  possess  said 
land  or  property  before  just  compensation  has  been  assessed 
and  paid,  or  tendered,  shall  thereafter  place  no  obstruction 
nor  erect  any  structures  or  building  or  improvements  on 


appeals— APPENDIX  A. 


1241 


said  land  or  property,  except  by  the  permission  of  said  Com- 
mission; but  such  authority  shall  in  no  way  be  construed 
to  deprive  said  owner  or  owners  of  the  right  to  receive 
just  compensation  or  damages  for  his,  her  or  their  lands 
or  property  aforesaid,  when  such  compensation  or  damages 
shall  have  been  assessed,  as  herein  provided,  and  become 
payable.  In  case  of  any  such  gift,  the  said  Commission, 
to  the  extent  of  the  value  which  it  may  place  on  the  land 
or  property  so  given,  shall  release  any  benefits  assessed  Benefits  to  be 

. ^ , 11*  released. 

against  any  of  the  property  belonging  to  any  owner  who 
shall  make  such  gift. 


Appeals. 


1904,  ch.  87,  Sec.  7. 

7.  The  proceedings  or  course  of  proceedings  in  any  case  Right  of 
or  cases,  where  resort  is  had  to  condemnation  or  to  assess-  decision  of 
ing  damages,  and  benefits  in  the  laying  out,  opening, 
widening,  extending  or  straightening  of  any  street,  lane  or 
alley,  or  in  opening  any  public  square  or  market  space,  or 
in  fixing  any  building  line  or  the  width  of  any  sidewalk, 
or  in  making  any  addition  or  extension  to  the  basin  or 
harbor  or  public  wharves  and  docks  of  Baltimore  city,  may 
be  such  as  may  be  provided  for  the  very  purposes  by 
lawful  ordinance  or  ordinances  of  said  Mayor  and  City 
Council  of  Baltimore,  which  said  ordinance  or  ordinances  the 
Mayor  and  City  Council  of  Baltimore  is  hereby  fully  author- 
ized to  adopt;  provided,  that  provision  is  made  therein  for 
reasonable  notice  to  the  person  or  persons  in  whose  favor 
such  damages  are  to  be  assessed,  or  against  whom  such 
benefits  are  to  be  assessed;  and,  provided,  that  provision  be 
made  for  appeals  to  the  Baltimore  City  Court,  including  the 
right  of  appeal  to  the  Court  of  Appeals,  by  any  person  or 
persons  interested,  including  the  Mayor  and  City  Council 
of  Baltimore,  from  the  decision  of  said  Commission  in 
valuing  or  fixing  said  damages  and  benefits;  or  such  pro- 
ceeding or  course  of  procedure  may,  at  the  option  of  said 
Commission,  be  that  hereinafter  by  this  Act  provided. 


1242 


BURNT  DISTRICT  COMMISSION APPENDIX  A. 


Course  of  pro- 
cedure in 
making  im- 
provements. 


Extent  of 
addition. 


Procedure  in  Making  Improvements, 

1904,  ch.  87,  Sec.  8. 

8.  The  proceedings  or  course  of  procedure  of  the  said 
Burnt  District  Commission  with  regard  to  laying  out,  open- 
ing, extending,  widening,  or  straightening  of  any  street, 
lane,  alley  or  public  square  or  market  space  or  in  fixing  any 
building  line  or  width  of  any  sidewalk,  or  in  making  any 
additions  to  the  basin  or  harbor,  or  to  the  public  wharves 
and  docks,  under  the  provisions  of  this  Act,  shall  be  as 
follows:  Whenever  any  plan  or  plans  for  the  laying  out, 
opening,  extending,  widening  or  straightening  of  any 
street,  lane,  alley  or  public  square  or  market  space,  or  for 
fixing  any  building  line  or  the  width  of  any  sidewalk,  or 
for  any  addition  to  the  basin  or  harbor,  or  extension  to 
any  public  wharves  or  docks  in  the  said  burnt  district, 
shall  have  been  approved  by  the  joint  body  and  the  Mayor 
and  City  Council  of  Baltimore,  and  appropriations  made  as 
hereinbefore  provided,  the  said  Commission,  having  given 
two  weeks’  notice,  by  advertisement,  inserted  twice  a 
week  in  two  daily  newspapers  published  in  the  city  of 
Baltimore,  of  the  time  and  place  of  the  meeting  of  said 
Commission,  and  of  the  street  or  streets,  lane  or  lanes, 
alley  or  alleys,  or  square  or  squares,  or  market  space  or 
market  spaces  which  it  is  proposed  to  lay  out,  open,  extend, 
widen,  or  straighten,  and  of  the  dimensions  or  extent  to 
which  it  is  proposed  to  lay  out,  open,  extend,  widen  or 
straighten  such  and  each  of  such  streets,  lanes,  alleys  or 
squares  or  market  spaces,  and  of  the  building  lines  and 
width  of  sidewalks  it  proposes  to  fix  or  establish,  or  of  any 
additions  or  extensions  it  proposes  to  make  to  the  harbor 
or  basin  of  Baltimore,  or  to  the  public  wharves  or  docks  of 
Baltimore  city,  and  of  the  dimensions  or  extent  of  the 
addition  or  extension  it  is  proposed  to  make,  shall  meet  at 
the  time  and  place  mentioned  in  said  notice,  and  from  time 
to  time  thereafter,  as  may  be  necessary  to  exercise  the 
powers  and  perform  the  duties  required  of  it  under  the 
provisions  of  this  Act,  and  shall  ascertain  whether  any 
and  what  amount  in  value  of  damage  will  thereby  be 
caused  to  the  owner  of  any  right  or  interest  in  any  ground 


PROCEDURE  IN  MAKING  IMPROVEMENTS — APPENDIX  A. 


1243 


or  improvement  within  said  burnt  district,  for  which, 

taking  into  consideration  all  advantages  and  disadvantages, 

such  owner  ought  to  be  compensated,  and  the  said  Commis-  fa'JiTrn  burnt 

sion,  having  ascertained  the  whole  amount  of  damages,  for  district. 

which  compensation  ought  to  be  awarded,  as  aforesaid  upon 

any  and  each  of  the  streets,  lanes,  alleys,  squares  or  market 

spaces  in  said  burnt  district,  so,  as  aforesaid,  to  be  laid  out, 

opened,  extended,  widened  or  straightened  in  the  said 

burnt  district,  and  so,  as  aforesaid,  to  be  made;  and  having 

added  thereto  the  amount  or  amounts  which  it  has  paid, 

or  agreed  to  pay,  for  any  land  or  property  purchased  by  it 

for  the  Mayor  and  City  Council  of  Baltimore  upon  the 

street,  lane  alley,  square  or  market  space  on  which  it  has 

estimated,  as  aforesaid,  the  whole  amount  of  damages, 

for  which  compensation  ought  to  be  awarded,  and  having 

also  added  thereto  an  estimate  of  the  probable  amount 

of  the  proportion  of  expenses  which  will  be  incurred  by 

them  in  the  performance  of  the  duties  required  of  them  as 

aforesaid,  including  a ratable  proportion  of  the  expenses 

of  said  Commission;  and  also  of  the  expenses  incurred  by 

the  City  Register  by  reason  of  said  proceedings  in  respect 

of  the  said  streets,  lanes,  alleys,  squares  or  market  spaces, 

respectively,  shall  proceed  to  assess  one-third  of  the  said 

total  amount  upon  all  the  ground  and  improvements,  if 

any,  within  or  outside  of  the  said  burnt  district,  the  owners 

of  which,  as  such,  the  said  Commission  shall  decide  and 

deem,  to  be  directly  benefited  by  accomplishing  the  object; 

provided,  the  amount  of  said  benefits  shall  be  equal  to  one- 

third  of  the  said  total  amount  hereinbefore  mentioned,  and 

if  not,  then  to  the  amount  of  such  benefits  and  all  the 

remainder  of  the  said  total  amount  shall  be  assessed  upon 

and  paid  by  the  Mayor  and  City  Council  of  Baltimore. 

But  the  Mayor  and  City  Council  of  Baltimore,  acting 
through  said  Commission,  may  pay  or  tender  the  entire  Damages,  pur- 
amount  of  said  damages,  purchase  prices  and  expenses,  to 
whom  the  same  may  be  payable,  and  the  persons  or  prop- 
erty against  whom  or  which  such  proportions  of  said 
benefits  are  assessed,  shall  not  by  such  payment  or  tender 
be  released  from  paying  such  proportion  of  benefits  as  may 
be  assessed  against  them  or  it  respectively,  but  shall  be 


1244 


BURNT  DISTRICT  COMMISSION— APPENDIX  A. 


liable  to  pay  the  same  on  the  terms  hereinafter  provided. 
The  above  apportionment  of  benefits  between  the  Mayor 
and  City  Council  of  Baltimore  and  the  owner  or  owners  of 
lots  affected  thereby  shall  not  be  made  in  the  case  of  addi- 
tions to  the  basin  or  harbor  of  Baltimore,  or  to  public 
wharves  or  docks;  but  no  benefits  shall  be  assessed  for 
such  additions  or  extensions,  and  the  Mayor  and  City 
Council  of  Baltimore  shall  pay  all  the  damages,  purchase 
prices  and  expenses  assessed  for,  agreed  upon  or  arising 
from  such  additions  or  extensions. 

Baltimore  Cit}'  v.  Eatrobe,  101  Md.  625. 


1904,  ch.  87,  Sec.  9.  1906,  ch.  108. 

laimsof  own-  ovcry  caso  when  it  shall  be  necessary,  in  order  to 

of  effect  the  objects  proposed  in  laying  out,  opening,  widen- 

lots.  extending  or  straightening  in  whole  or  in  part,  any 

street,  lane,  alley  or  market  space  or  square,  or  in  estab- 
lishing any  building  line  or  the  width  of  any  sidewalk,  or 
in  making  any  addition  or  extension  to  the  basin  or  harbor, 
or  to  the  public  wharves  or  docks,  that  a portion  only  of 
a lot  or  of  a lot  and  improvements  shall  be  taken,  used  or 
destroyed,  and  the  owner  or  owners  thereof  shall  claim  to 
be  compensated  for  the  whole,  the  said  Commission  may, 
in  such  cases,  if  they  deem  it  best,  and  not  otherwise, 
accept  a surrender  in  writing  of  the  whole  of  said  lot,  or 
the  whole  of  said  lot  and  improvements,  or  the  whole  of 
said  improvements,  if  any,  from  said  owner  or  owners  in 
which  event  the  said  Commission  shall  ascertain  the  full 
value  thereof,  as  if  the  whole  lot  or  lots  and  improvement 
or  improvements,  as  the  case  may  be  were  necessary  to  be 
taken  and  used  for  such  proposed  object;  and  the  whole 
amount  of  such  valuation,  when  finally  decided  on,  shall 
be  paid  or  tendered  the  said  owner  or  owners  before  any 
part  thereof  shall  be  destroyed,  removed  or  used,  unless 
such  owner  or  owners  shall  assent  thereto  in  writing  as 
now  provided  for  by  law,  and  the  said  Commission  after 
giving  ten  days  notice  in  two  of  the  daily  newspapers  of 
the  city  of  the  time  and  place,  manner  and  terms  of  sale, 
shall  sell  by  public  auction  to  the  highest  bidder,  or  shall 


PROCEDURE  IN  MAKING  IMPROVEMENTS — APPENDIX  A. 


1245 


sell  at  private  sale  in  its  discretion,  the  materials  of  any 
building  or  buildings  or  the  debris  thereof  which  it  shall 
be  necessary  to  remove  in  whole  or  in  part,  and  also  the 
residue  of  any  lot  of  which  a part  shall  be  taken,  and  used 
to  effect  the  object  confided  to  the  Commission,  and  which 
residue  shall  have  been  with  the  consent  of  the  Commission 
aforesaid  surrendered  by  the  owner  aforesaid;  said  pur- 
chase money  to  be  paid  when  full  possession  shall  be  given 
of  the  property  or  materials  or  debris  so  sold,  and  the  said 
Commission  or  a majority  of  the  members  thereof  on 
receiving  the  purchase  money  aforesaid  and  not  before 
shall  by  a good  and  sufficient  deed,  convey  the  lot  or  lots 
of  ground  by  them  so  sold  to  the  purchaser,  but  no  such 
sale  shall  be  made  until  after  the  Commission  shall  have 
assessed  the  entire  amount  of  damages  for  taking  said 
property  and  it  shall  have  been  paid  or  tendered  to  the 
proper  party  or  parties,  or  invested  or  paid  into  Court,  as 
by  law  required,  nor  until  the  said  Commission  is  able  to 
give  possession  to  the  said  purchaser  or  purchasers  of 
property  and  materials  aforesaid;  and  the  said  Commission 
is  duly  empowered  to  take  and  receive  a good  and  sufficient 
bond  from  the  purchaser  or  purchasers  aforesaid  with  a 
penalty  to  the  Mayor  and  City  Council  of  Baltimore 
conditioned  that  the  purchase  money  be  duly  paid  at  such 
times  as  the  said  Commission  shall  demand  the  same,  and 
conditioned  further  that  said  purchaser  or  purchasers  shall 
remove  within  twenty  days  after  notice  from  the  said 
Commission  from  the  bed  of  the  street  all  such  materials 
so  sold  and  all  rubbish  or  other  obstruction  in  said  street 
occasioned  thereby;  and  in  the  event  of  the  purchaser  or 
purchasers  not  complying  with  the  terms  of  the  said  sale, 
the  Commission  shall,  if  said  sale  was  public,  re-sell  the 
said  lot  or  lots,  and  improvement  or  improvements  or 
material  or  debris,  thereon  as  the  case  may  be,  at  the  risk 
of  the  former  purchaser,  giving  not  less  than  five  days 
notice  of  said  re-sale  in  two  of  the  daily  newspapers  of  the 
city  aforesaid,  or  it  may  in  its  discretion  in  the  event  of 
such  default,  whether  said  sale  was  public  or  private, 
re-sell  at  private  sale;  provided,  however,  that  when,  in 
the  judgment  of  said  Commission,  a part  of  the  whole  of 


1246 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


the  improvements  of  any  lot  can  be  taken  without  destroy- 
ing the  whole  of  said  lot  or  said  improvements  for  the 
purpose  for  which  the  lot  or  improvements  are  used,  or 
for  building  purposes,  the  said  Commission  shall  only 
condemn  such  part  of  said  whole  lot  or  improvements  as  is 
necessary  for  the  proposed  object  and  shall  award  to  the 
owner  or  owners  of  the  part  of  the  lot  or  improvements  so 
taken  such  damages,  and  assess  upon  the  remainder  thereof 
such  benefits  as  in  their  judgment  shall  be  right  and 
proper. 


1904,  ch.  87,  Sec.  10. 

10.  As  soon  as  the  Commission  aforesaid  shall  have 
completed  the  valuation  of  the  damages  to  be  ascertained 
by  them  as  directed  by  this  Act,  upon  any  one  and  each  of 
the  streets,  lanes  or  alleys,  squares,  or  market  spaces,  or 
on  any  of  said  additions  or  extensions  of  the  basin  or 
Statements  of  harbor,  wharves  or  docks,  it  shall  cause  a statement  there- 
of  to  be  made  out  for  the  inspection  of  all  persons  desiring 
ments.  information  of  its  contents,  and  such  statement,  together 
with  an  explanatory  map  or  maps,  shall  contain  a descrip- 
tion of  each  separate  lot  or  parcel  of  ground  deemed  to 
have  sustained  damages,  its  dimensions,  the  name  of  the 
street,  lane  or  alley,  square,  market  space,  wharf  or  dock 
on  which  it  bounds,  the  names  of  all  supposed  to  have  an 
estate  or  interest  in  it,  and  the  amount  of  damages  as 
valued  by  the  Commission;  and  if  there  be  any  building  or 
other  improvements  or  material  or  debris  on  it  necessary 
to  be  removed,  in  whole  or  in  part,  such  description  there- 
of as  the  Commission  shall  deem  necessary;  and  in  like 
manner  a description  of  each  parcel  of  ground  deemed  by 
said  Commission  to  be  benefited,  the  name  or  names  of 
such  person  or  persons  as  may  be  supposed  to  have  any 
estate  or  interest  therein  and  the  amount  assessed  thereon 
for  benefits;  and  the  said  Commission  shall  cause  a notice 
to  be  published  for  four  successive  days  in  two  daily  news- 
papers of  the  city  stating  the  extent  of  the  ground  covered 
by  the  assessments,  and  that  such  statement  and  maps  are 
ready  for  the  inspection  of  all  persons  interested  therein. 


REVIEW  OF  PROCEEDINGS — APPENDIX  A.  1247 

and  that  the  Commission  will  meet  at  its  office  on  a day,  to 
be  named  in  said  notice,  which  shall  be  within  ten  days 
after  the  first  publication  of  such  notice,  for  the  purpose 
of  reviewing  any  of  the  matters  contained  in  such  state-  commission  to 
ment,  to  which  any  person  claiming  to  be  interested  shall  mat- 

make  objection;  and  the  Commission  shall  meet  at  the  time 
and  place  so  appointed  and  shall  hear  and  consider  all  such 
representations  or  testimony  on  oath  or  affirmation,  verbal 
or  in  writing,  in  relation  to  any  matter  in  said  statement, 
which  shall  be  offered  to  it  on  behalf  of  any  person  claim- 
ing to  be  interested  therein;  and  the  said  Commission 
shall  make  all  corrections  and  alterations  in  the  valuation, 
assessments  and  estimates  and  all  other  matters  contained 
in  said  statement  and  explanatory  map  or  maps  aforesaid, 
as  in  its  judgment,  or  a majority  of  the  members  of  said 
Commission,  shall  appear  to  be  just  and  proper;  and  said 
Commission  may  adjourn  from  day  to  day,  if  necessary,  to 
give  all  parties  claiming  a review  an  opportunity  to  be 
heard,  not  exceeding  in  the  whole  ten  days,  and  after 
closing  such  review  the  Commission  shall  make  all  such  closing  review, 
corrections  in  its  statement  and  explanatory  map  or  maps 
as  it  shall  deem  proper,  and  cause  such  statement,  as 
corrected,  to  be  recorded  in  its  book  of  proceedings  and 
certified  under  the  hands  and  seals  of  the  members  of  said 
Commission,  or  a majority  of  them,  and  their  clerk,  and 
shall  deposit  the  same,  together  with  the  explanatory  map 
or  maps,  as  finally  corrected  by  it  and  similarly  certified 
to,  in  the  office  of  the  City  Register  and  it  shall  be  the 
duty  of  the  City  Register,  within  five  days  after  the  said 
proceedings  shall  have  been  deposited  in  his  office,  to 
notify  all  persons  interested  by  an  advertisement,  to  be 
inserted  twice  a week  for  two  successive  weeks  in  two  of 
the  daily  newspapers  of  the  city,  that  the  said  assessment 
and  maps  have  been  so  placed  in  his  office,  and  that  the 
parties  affected  thereby  are  entitled  to  appeal  therefrom 
by  petition  in  writing  to  the  Baltimore  City  Court. 


1904,  ch.  87,  Sec.  11. 

11.  It  shall  be  the  duty  of  the  clerk  of  the  Burnt 
District  Commission  to  serve  written  or  printed  notice 


1248 


BURNT  DISTRICT  COMMISSION— APPENDIX  A. 


To  serve  notice  upoii  cach  and  cvery  party  or  parties  assessed  for  benefits 

upon  parties 

interested,  or  to  whom  damag-es  have  been  awarded  in  the  condem- 
nation proceedings  of  said  Burnt  District  Commission; 
provided,  however,  that  the  service  of  such  notice  shall 
not  be  so  construed  as  to  be  one  of  the  prerequisites  to  the 
condemnation  and  opening,  laying  out,  widening,  extend- 
ing or  straightening  of  any  streets,  lanes  or  alleys  under 
this  Act,  or  establishing  a building  line  or  width  of  any 
sidewalk,  or  for  opening  any  square  or  market  space  or 
making  any  addition  or  extension  to  the  basin  or  harbor  or 
public  wharves  and  docks. 


1904,  ch.  87,  Sec.  12. 

Lights  9f  par-  12.  The  Mayor  and  City  Council  of  Baltimore,  or  any 
fiS  wuif person  or  persons  or  corporations  who  may  be  dissatisfied 
damages  or  with  the  award  of  damages  or  benefits  assessed  as  herein- 
benefits.  before  provided,  may,  within  fifteen  days  after  the  return 
of  the  corrected  statement  and  map  or  maps  to  the  City 
Register,  and  the  first  publication  of  the  notice  thereof  by 
the  City  Register,  appeal  therefrom,  by  petition  in  writing 
to  the  Baltimore  City  Court,  praying  the  said  court  to 
review  the  same,  and  on  any  such  appeal  the  court  may, 
and  shall,  appoint  a day  for  hearing  said  appeal,  which 
shall  be  not  less  than  five  nor  more  than  twenty  days 
after  the  expiration  of  the  fifteen  days  limited  for  taking 
appeals  as  aforesaid,  and  shall  direct  the  clerk  of  said 
court  to  issue  a subpoena  duces  tecum  to  the  City  Register, 
requiring  him  to  produce  and  deliver  to  said  court  the 
record  of  the  proceedings  of  the  said  Commission  in  the 
case,  and  all  maps,  plats,  documents  and  papers  connected 
with  such  record,  and  the  said  City  Court  shall  have  full 
power  to  hear  and  fully  examine  the  subject  and  decide  on 
said  appeal  and  for  that  purpose  is  hereby  authorized  and 
empowered  to  adjourn  from  time  to  time,  and  may  cause 
all  such  appeals  to  be  consolidated,  or  may  hear  and  decide 
them  separately,  and  may  require  the  said  Commission,  its 
clerks,  engineer  and  other  agents  or  servants,  or  any  of 
them,  and  all  such  other  persons  as  the  court  shall  deem 
necessary  to  attend,  and  examine  them  under  oath  or 


APPEAL  TO  CITY  COURT — APPENDIX  A. 


1249 


affirmation,  and  may  permit  and  require  all  such  explana- 
tions, amendments  and  additions  to  be  made  to  and  of  the 
said  record  of  the  proceedings,  as  the  court  shall  deem 
requisite;  and  the  persons  appealing  to  the  Baltimore  City 
Court,  as  aforesaid,  shall  be  secured  in  the  right  of  a jury 
trial,  and  the  said  court  shall  direct  the  Sheriff  of  Balti- 
more City  to  summon  twelve  or  more  persons  qualified  to 
be  jurors,  and  shall  empanel  any  twelve  disinterested 
persons  so  summoned,  or  attending  the  court,  to  try  any 
question  of  facts,  and,  if  necessary,  to  view  any  property  ^couTSt^y  ^ 
in  the  said  burnt  district,  to  ascertain  and  decide  on  the 
amount  of  damages  or  benefits  under  the  direction  of  the 
court ; and  the  said  court  shall  not  reject  or  set  aside  the 
record  of  the  proceedings  of  the  said  Commission  for  any 
defect  or  omission  in  either  form  or  substance,  but  shall 
amend  or  supply  all  such  defects  and  omissions  and 
increase  or  reduce  the  amount  of  damages  and  benefits 
assessed,  and  alter,  modify  and  correct  the  said  return  of 
proceedings  in  all  or  any  of  its  parts,  as  the  said  court 
shall  deem  just  and  proper,  and  shall  cause  the  proceed- 
ings and  decision  on  said  returns  and  appeals  to  be  entered 
in  the  book  containing  the  record  of  the  proceedings  of  the 
Commission,  certified  by  the  clerk,  under  the  seal  of  the 
court,  and  the  book  to  be  transmitted  to  the  City  Register, 
which  shall  be  final  and  conclusive  in  every  respect,  unless 
an  appeal  be  taken  to  the  Court  of  Appeals,  and  such 
record  book  or  a copy  of  the  proceedings  therein,  or  any 
part  of  such  proceedings,  whether  in  court  or  out  of  court, 
certified  by  the  City  Register,  under  the  corporate  seal  of 
the  city,  shall  be  evidence  in  any  court  in  this  State,  and 
the  judge  of  the  Baltimore  City  Court  shall  have  full  The  court’s 
power,  in  his  discretion,  to  add  the  reasonable  costs  of  any  premises, 
appeal,  to  be  taxed  by  him  or  any  part  thereof  to  the 
damages  to  be  collected  for  laying  out,  opening,  extending 
widening  or  straightening  any  such  street,  lane  or  alley, 
or  for  establishing  any  building  line  or  width  of  any  side- 
walk, or  for  laying  out  any  public  square  or  market 
space,  or  for  laying  out  any  addition  or  extension  to  the 
basin  or  harbor,  or  to  the  public  wharves  or  docks,  or  to 
require  such  costs  or  any  part  thereof  to  be  paid  by  all  or 


1250 


BURNT  DISTRICT  COMMISSION  — APPENDIX  A. 


City  Collector 
to  notify  par 
ties  assessed 
for  benefits. 


by  either  of  the  appellants,  as  the  circumstances  of  such 
appeal,  in  his  opinion,  shall  justify.  Upon  every  appeal 
to  the  Baltimore  City  Court  from  any  action  of  the  Com- 
mission on  the  burnt  district,  both  the  damages  and  bene- 
fits assessed  by  the  Commission  to  the  appellant  shall  be 
open  for  review  and  correction  by  the  said  City  Court. 

Collection  of  Benefits  Assessed. 

1904,  ch.  87,  Sec.  13. 

13.  If  no  appeal  shall  have  been  prayed,  then  within 
ten  days  after  the  time  hereinbefore  limited  therefor,  or 
after  the  return  of  the  decision  upon  any  appeal  shall  have 
been  made  to  the  City  Register,  the  said  City  Register 
shall  transfer  the  return  of  the  said  Commission  to  the 
City  Collector,  who  shall  proceed  forthwith  to  notify  the 
parties  assessed  for  benefits  by  means  of  bills  specifying 
the  several  sums  so  assessed,  and  warning  them  that  if  the 
same  be  not  paid  within  the  time  hereinafter  named,  he 
will  proceed  to  sell  the  specified  pieces  or  parts  of  property 
on  which  such  unpaid  sum  or  sums  of  money  shall  have 
been  assessed,  in  the  manner,  and  after  having  given  the 
notice  directed  by  this  Act  or  by  law  or  ordinance.  The 
said  sums  so  assessed,  upon  the  specified  pieces  or  parts  of 
property,  shall  constitute  a lien  upon  the  property  upon 
which  they  are  severally  assessed  from  the  date  when  the 
said  return  is  made  by  the  said  Commission  to  the  City 
Register  until  the  same  shall  be  paid  to  the  city,  and  shall 
be  payable  at  the  option  of  the  owner  or  owners  thereof  at 
any  time  within  five  years  from  date  of  this  Act,  and  if 
paid  at  any  time  within  three  years  from  said  date  shall  be 
payable  without  interest;  but  if  not  paid  until  after  the 
expiration  of  three  years  from  said  date  and  before  five 
years  therefrom,  the  same  shall  bear  interest  at  the  rate 
of  four  per  cent,  per  annum  from  and  after  the  expiration 
of  said  period  of  three  years. 

1904,  ch.  87,  Sec.  14. 

14.  If  the  sum  assessed  upon  the  property  specified 
shall  not  be  paid  within  the  time  above  limited,  the  City 


COLLECTION  OF  BENEFITS  ASSESSED — APPENDIX  A. 


1251 


Collector  is  hereby  directed  to  sell  the  property  or 
part  thereof  on  which  such  assessment  has  been  laid, 
giving  thirty  days'  notice  of  said  sale  in  two  of  the  daily 
newspapers  published  in  the  city  of  Baltimore,  the  first 
insertion  of  said  notice  to  be  made  in  said  newspaper  within 
sixty  days  after  the  expiration  of  the  time  limited  in  this 
Act  for  the  payment  of  said  benefits;  and  the  moneys  so 
collected  by  the  City  collector  shall  be  paid  over  by  him  to 
the  city  as  other  moneys  are  directed  to  be  paid  over,  to  be 
by  it  paid  to  the  persons  entitled  to  receive  the  same. 


1904,  ch.  87,  Sec.  15. 

15.  In  all  cases  in  which  the  City  Collector  shall  sell 
any  property  on  account  of  the  non-payment  of  assessments 
made  for  the  opening,  closing,  widening  or  extension  of 
any  streets,  lanes  or  alleys,  or  for  fixing  any  building  line, 
or  the  width  of  any  sidewalk,  or  for  the  opening  of  any  taxes, 
public  square  or  market  space,  it  shall  be  his  duty  to  sell 
such  property  to  the  extent  and  subject  to  the  same  condi- 
tions which  are  provided  by  ordinance  for  the  sale  of  real 
estate  in  the  city  of  Baltimore  charged  with  the  payment 
of  other  taxes  imposed  by  the  Mayor  and  City  Council  of 
Baltimore;  and  in  the  event  of  the  purchaser  or  purchasers 
failing  forthwith  to  comply  with  the  terms  of  said  sale, 
the  City  Collector  shall  re-sell  the  same  at  the  risk  of  the 
former  purchaser,  giving  not  less  than  ten  days'  notice  in 
two  of  the  daily  newspapers  of  the  city  aforesaid;  and 
after  collecting  the  benefit  assessments  he  shall  forthwith 
return  the  proceedings  of  the  said  Commission  to  the 
Comptroller. 


1904,  ch.  87,  Sec.  16. 

16.  The  City  Collector,  on  receiving  the  full  amount  :^xecuting  a 
of  the  purchase  money  on  such  sale,  shall  execute  a deed 
of  conveyance  in  favor  of  the  purchaser  or  purchasers,  or 
their  assign  or  assigns,  which  deed  shall  coi^vey  a fee 
simple  or  leasehold  estate,  as  the  case  may  be,  in  and  to 
such  property,  and  after  deducting  the  costs  of  sales, 


1252 


BURNT  DISTRICT  COMMISSION— APPENDIX  A. 


advertising  and  other  necessary  expenses,  he  shall  pay  the 
balance  of  such  purchase  money  to  the  city,  which  shall 
pay  over  the  said  balance,  after  deducting  the  amount 
assessed  on  said  property,  to  the  person  or  persons  entitled 
thereto  on  demand,  without  interest. 

Special  Provisions, 

1904,  ch.  87,  Sec.  17. 

No  street,  lane  17.  No  part  of  any  street,  lane,  alley,  square  or  market 
opened,  e°c^.^  space  shall  be  laid  out,  opened,  extended,  widened  or 
damUesare  Straightened,  nor  shall  any  addition  or  extension  to  the 
money  paid  harbor  or  to  any  public  wharf  or  dock  be  made  on  or  over 
into  court.  ground  of  any  person  or  persons  or  corporation  adjudged 
by  the  Commission  to  be  entitled  to  damages  for  the  said 
opening,  extending,  widening  or  straightening  or  addition, 
without  the  consent,  in  writing,  of  the  person  or  corporation 
so  entitled,  until  such  damages  shall  be  paid,  or  the  amount 
thereof  invested  in  city  stock  for  the  use  of  each  person  or 
corporation  entitled  to  any  part  of  the  compensation  for 
such  damages,  to  the  amount  of  his,  her  or  their  respective 
right  or  interest  therein,  of  which  investment  the  City 
Register's  certificate,  under  the  corporate  seal  of  the  city 
shall  be  competent  proof. 

1904,  ch.  87,  Sec.  18. 

18.  Any  person  or  persons  not  claiming  title  to  any  lot 
or  piece  of  property  upon  which  any  sum  shall  be  assessed 
as  aforesaid,  may  pay  the  amount  of  the  sum  so  assessed, 
within  the  time  limit,  to  the  City  Register,  and  obtain  his 
certificate  of  having  paid  such  sum  without  claiming  title 
to  the  property;  and  such  payment  shall  vest  in  the  person 
or  persons  paying  his,  her  or  their  heirs  the  lien  on  such 
lot  or  property  mentioned  in  this  Act. 


lyien  to  inure 
to  benefit  of 
person  pay- 
ing benefits. 


1904,  ch.  87,  Sec.  19. 

Temporary  19.  If  it  should  so  happen  that  any  one  or  more  of  the 
of  comSil“^  members  composing  the  said  Burnt  District  Commission 
should  be  interested  in  any  particular  case,  the  Mayor 


SPECIAL  PROVISIONS — APPENDIX  A. 


1253 


shall  make  a temporary  appointment  of  a commissioner  or 
commissioners  to  act  in  the  place  and  stead  of  such  inter- 
ested commissioner  or  commissioners,  who  shall  take  the 
oath  or  affirmation,  as  the  case  may  be,  and  in  all  respects 
conduct  himself  and  have  all  the  powers  as  the  other 
commissioners  who  are  appointed  by  the  Mayor. 


1904,  ch.  87,  Sec.  20. 

20.  Whenever  any  lot  or  part  of  a lot  or  parcel  of 
ground  may  be  taken  and  included  within  the  lines  of  any 
street,  lane  or  alley,  or  part  thereof,  or  in  any  public  square 
or  market  space  or  part  thereof,  or  in  any  addition  or 
extension  to  the  harbor,  or  to  any  public  wharf  or  dock, 
and  damages  are  assessed  therefor,  and  there  shall  be  an 
outstanding  unexpired  term  of  years  therein,  the  said 
Commission  shall  discriminate  in  their  proceedings  between 
the  value  of  the  fee  simple  or  ground  rent  interest  and  the 
leasehold  interest. 


1904,  ch.  87,  Sec.  21. 

21.  Whenever  any  obstruction  shall  have  remained  in  obstructions  t 
any  street,  lane,  alley,  public  square  or  market  space  or  removed, 
part  thereof  so  laid  out,  opened,  widened,  extended  or 
straightened  for  the  space  of  twenty  days  after  the  pro- 
ceeding of  the  said  Commission  shall  have  been  returned 

to  the  City  Register,  it  shall  be  the  duty  of  said  Commission 
to  cause  the  same  to  be  removed,  and  to  draw  on  the  City 
Register  for  the  expense  so  incurred,  which  shall  be  paid 
by  him;  and  the  Mayor  shall  forthwith  cause  a suit  for  the 
recovery  of  said  expense  to  be  instituted  against  the 
person  or  persons  by  whose  default  the  said  obstruction 
has  been  suffered  to  remain,  and  the  same,  when  recovered, 
shall  be  paid  to  the  City  Register  for  the  use  of  the  city. 

Expenses  of  Commission. 

1904,  ch.  87,  Sec.  22. 

22.  When  the  proceedings  of  the  Commission  on  the 
Burnt  District  in  any  case  are  transferred  by  the  City 


1254 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


City  Register 
to  pay  upon 
presentation 
of  vouchers. 


Depositing 
books  and 
papers. 


Public 

highway. 


Register  to  the  City  Collector,  the  City  Register  is  author- 
ized and  required  to  pay  all  the  expenses  incurred  by  the 
Commission  on  the  Burnt  District  under  the  said  proceed- 
ings, but  such  expenses  shall  not  remain  unpaid  more  than 
six  months  after  the  completion  of  any  services  performed 
under  this  Act;  and  the  Comptroller  and  City  Register  are 
directed  to  pay,  within  six  months  after  the  services  have 
been  completed,  any  such  expenses  upon  presentation  of 
the  proper  vouchers  or  certificates  from  the  Commission 
on  the  Burnt  District. 


Further  Duties. 

1904,  ch.  87,  Sec.  23. 

23.  The  Commission  on  the  Burnt  District,  so  soon  as 
it  shall  have  completed  its  work  on  each  street,  lane  or 
alley,  square  or  market  space,  or  on  each  addition  or 
extension  to  the  harbor  or  basin,  or  wharves  and  docks, 
shall  deposit  all  papers  and  books  relating  thereto  in  the 
office  of  the  City  Register.  The  said  Commission  shall 
also  perform  such  other  duties  as  from  time  to  time  may 
be  required  of  it  by  any  ordinance  or  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore  not  inconsistent  with 
the  provisions  of  this  Act. 


Title  of  City  to  Property  Acquired. 

1904,  ch.  87,  Sec.  24. 

24.  Whenever  any  street,  lane  or  alley  or  square  or 
part  thereof,  shall  be  conveyed  to  the  city  as  provided  in 
this  Act,  the  same  shall  be  a public  highway,  subject  to  all 
ordinances  and  resolutions  relating  to  streets,  lanes  and 
alleys  in  the  city  of  Baltimore. 

Assignment  of  Damages. 

1904,  ch.  87,  Sec.  25. 

25.  When  the  said  Commission  shall  assess  a sum  of 
money  to  be  paid  by  any  person  or  persons  for  the  benefits 


BENEFITS— PRATT  AND  LIGHT  STREETS — APPENDIX  A. 


1255 


derived  by  such  person  or  persons  for  opening,  extending,  sumsof^money 
widening,  straightening  or  closing  any  street,  lane  or  mj^erested 
alley,  or  part  thereof,  or  for  opening  any  public  square  or 
market  space,  and  shall  assess  a sum  of  money  to  be  paid 
to  the  same  person  or  persons  for  damages  sustained  by 
said  opening,  extending,  widening,  straightening  or 
closing,  it  shall  and  may  be  lawful,  upon  a certificate  of 
title  from  the  City  Solicitor,  for  the  City  Register  or  City 
Collector  to  receive  from  such  person  or  persons  any 
assignment  for  the  sum  or  sums  so  assessed  as  damages  as 
aforesaid. 


Benefits. 

1904,  ch.  87,  Sec.  26. 

26.  In  any  proceedings  or  course  of  procedure  herein  Benefits  to  off- 
provided  or  authorized  for  the  condemnation  of  a part  of  in‘cond?m-^’ 
the  property  rights,  interests,  franchises,  privileges  or 
easements  belonging  to  any  owner  or  owners  under  the 

powers  given  by  this  Act,  the  said  Commission,  or  other 
persons  appointed  to  value  it  or  them,  and  any  jury  which 
may  be  required  to  value  the  same,  shall  take  into 
consideration  the  benefit  or  advantage  which  will  accrue 
to  such  owner  or  owners  of  the  part  of  the  property, 
rights,  interests,  privileges  or  franchises  not  required  to 
be  taken  in  such  proceedings,  by  reason  of  the  opening, 
widening,  extending,  straightening  or  closing  of  any  street, 
lane  or  alley,  or  by  reason  of  the  broadening  of  any  side- 
walk, or  the  opening  of  any  public  squares  or  market  space 
in  said  Burnt  District. 

Light  and  Pratt  Streets. 

1904,  ch.  87,  Sec.  27. 

27.  In  the  widening  of  Light  street  on  the  east  side^^^^.^.^ 
thereof,  or  of  east  Pratt  street  on  the  south  side  thereof,  fining  up 
should  the  said  Commission  so  decide  to  widen  them  or 
either  of  them,  or  in  widening  any  public  wharf  or  dock, 

the  said  Commission  shall  lay  down  and  fix  the  breadth  of 
said  widening  on  the  map  or  maps  to  be  sent  with  the 


1256 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


Commission- 
ers’ powers 
to  assess  all 
damag’es. 


report  or  reports,  as  herein  provided,  to  the  joint  body 
hereinbefore  provided  for,  and  on  its  approval,  as  herein- 
before provided,  by  said  joint  body,  the  Mayor  and  City 
Council  of  Baltimore  is  hereby  authorized  to  provide  by 
ordinance  or  ordinances  for  filling  up  the  harbor  or  basin 
of  Baltimore  to  the  extent  necessary  to  make  such  widen- 
ing of  both  or  either  of  said  streets  and  of  any  such  public 
dock. 


Powers  in  Closing  Streets. 

1904,  ch.  87,  Sec.  28. 

28.  In  closing  any  streets,  lanes  or  alleys,  situated  in 
said  Burnt  District,  said  Commission  shall  have  the  powers 
to  assess  all  the  damages  and  benefits  arising  from  said 
closing  now  possessed  by  the  Commissioners  for  Opening 
Streets  in  the  city  of  Baltimore,  under  any  law  or  ordi- 
nances relating  to  the  closing  of  streets,  lanes  or  alleys  in 
said  city,  and  shall  proceed  in  the  manner  prescribed  by 
said  laws  and  ordinances,  the  person  or  persons  interested 
therein  having  all  the  rights,  including  the  rights  of 
appeal,  conferred  on  them  by  said  laws  and  ordinances. 
And  in  the  proceeding  for  the  closing  of  any  street,  lane 
or  alley  or  any  part  thereof,  under  the  powers  conferred 
on  said  Commission  by  this  Act,  the  procedure  may,  in 
any  case  or  cases,  at  the  option  of  the  said  Commission  be 
such  as  is  provided  for  in  said  laws  and  ordinances  or  such 
as  may  at  any  time  hereafter  be  provided  for  by  law  or 
laws  of  the  State  of  Maryland,  or  by  any  lawful  ordinance 
or  ordinances  of  the  Mayor  and  City  Council  of  Baltimore, 
adopted  pursuant  to  the  powers  conferred  on  it  by  Article 
4,  entitled  “City  of  Baltimore'’,  of  the  Public  Local  Laws 
of  Maryland,  or  such  as  may  be  provided  for  the  very 
best  purpose  by  lawful  ordinance  or  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore,  which  said  ordi- 
nance or  ordinances  the  Mayor  and  City  Council  of  Balti- 
more is  hereby  fully  authorized  to  adopt,  provided  that 
provision  is  made  therein  for  reasonable  notice  to  the 
owner  or  owners  of  property  or  rights  along  or  in  any 
street,  lane  or  alley  closed,  and  to  all  persons  assessed 


APPROPRIATIONS  TO  DEFRAY  EXPENSES — APPENDIX  A. 


1257 


with  damages  and  benefits  arising  from  said  closing,  in 
case  such  damages  and  benefits  are  assessed  or  to  be 
assessed,  and  provided  that  provision  be  made  for  appeal 
to  the  Baltimore  City  Court  including  the  right  of  appeal 
to  the  Court  of  Appeals  by  any  person  or  persons  interested, 
including  the  Mayor  and  City  Council  of  Baltimore,  from 
the  decision  of  said  Commission  valuing  or  fixing  said 
benefits  and  damages.  And  said  Commission  may  agree  Agreements 
with  any  person  or  persons  interested  in  the  closing  of  any  -Sferelte? 
street,  lane  or  alley  or  any  part  thereof,  or  who  may  be  parties, 
liable  to  be  assessed  with  benefits  or  damages  for  such 
closing,  and  may  have  such  damages  paid  out  of  moneys 
appropriated  therefor  and  carried  into  the  Burnt  District 
Sinking  Fund,  as  this  Act  provides.  Any  money  paid  for 
benefits  under  this  section  shall  be  paid  to  the  Comptroller 
of  the  city,  to  be  by  him  paid  over  to  the  City  Register, 
to  be  added  to  said  Burnt  District  Fund. 


Appropriations  to  Defray  Expenses  of  Commission. 

1904,  ch.  87,  Sec.  29. 

29.  The  Mayor  and  City  Council  of  Baltimore  is  hereby  Municipality 
empowered  for  the  purposes  of  providing  the  money  for  to  appropri- 
defraying  the  expenses  of  said  Commission,  and  for  the 
expenditures  to  be  incurred  in  the  acquisition  by  the  city, 
by  purchase,  condemnation  or  any  other  method,  of  the 
property,  interests,  rights,  franchises,  privileges  and 
easements  required  to  execute  the  powers  and  to  carry 
out  the  work  of  said  Commission,  and  generally  for  the 
purposes  contemplated  by  this  Act,  also  for  the  purposes 
of  paving  or  repaving  and  curbing  or  recurbing  any  street, 
lane,  alley,  public  square  or  market  space,  opened,  widened, 
extended  or  straightened  under  this  Act,  or  any  part 
thereof,  to  appropriate  any  moneys  from  time  to  time  out 
of  any  balance  not  appropriated  at  the  time  for  any  other 
purpose,  pursuant  to  authority  granted  by  the  General 
Assembly  of  Maryland,  of  the  sum  of  four  million  four 
hundred  and  twenty-two  thousand  four  hundred  and  sixty 
dollars  and  seventy-four  cents,  forming  part  of  the  pur- 
chase price  paid  by  the  Fuller  Syndicate  for  interests  of 


1258 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


the  city  of  Baltimore  in  the  Western  Maryland  Railroad 
Company  heretofore  passed  to  the  credit  of  the  General 
Sinking  Fund  of  said  city,  and  the  interest  accumulated 
thereon,  or  out  of  the  proceeds  of  any  loan  authorized  by 
the  General  Assembly  and  approved  by  the  majority  of 
the  legal  voters  of  said  city  for  the  purpose  of  this  Act. 
And  when  any  such  appropriations  are  duly  made  as  afore- 
said, the  Commissioners  of  Finance  of  the  city  of  Balti- 
more are  hereby  authorized  to  pay  the  several  sums  thereby 
unappropriat-  appropriated  out  of  the  said  unappropriated  balance  of 

ed  balance.  ,,  it-  r-i 

said  sum,  and  the  interest  out  of  the  proceeds  of  said  loan, 
to  the  Comptroller  of  the  city  of  Baltimore,  to  be  by  him 
deposited  with  the  City  Register,  and  to  be  placed  to  the 
credit  of  the  fund  to  be  known  as  the  ‘ ' Burnt  District 
Fund’',  which  shall  be  exclusively  applicable  to  the  pur- 
poses hereinbefore  mentioned,  and  shall  be  chargeable 
with  no  other  items  of  cost  or  expense  whatever,  and  in 
making  such  appropriation  said  Mayor  and  City  Council  of 
Baltimore  shall  not  be  required  to  incorporate  the  same  in 
any  annual  ordinance  of  estimates,  but  may  make  said 
appropriation  at  any  times  by  ordinance  or  ordinances, 
subject,  however,  to  approval  by  the  Mayor  in  the  manner 
provided  by  law. 


Boundaries  of  Burnt  District, 


1904,  ch.  87,  Sec.  30. 

Boundaries  of  30.  The  term  “Burnt  District”  used  in  this  Act  is 
Burnt  District,  declared  to  extend  to  and  include  the  territory 

situated  in  the  city  of  Baltimore  and  described  as  follows  : 
Beginning  for  the  same  at  the  intersection  of  the  south 
side  of  Camden  street  and  the  west  side  of  Howard  street, 
and  running  thence  northerly  binding  on  the  west  side  of 
Howard  street  to  a point  where  the  prolongation  south- 
wardly of  the  westerly  side  of  Liberty  street  would 
intersect  the  west  side  of  Howard  street,  and  thence  along 
said  line  and  continuing  northerly  along  the  westerly  line 
of  Liberty  street  to  the  intersection  of  the  west  side  of 
Liberty  street  with  the  north  side  of  Lexington  street,  and 


POWERS  OF  CITY  ENGINEER — APPENDIX  A. 


1259 


thence  along  the  northerly  line  of  Lexington  street 
easterly  to  a point  formed  by  the  intersection  of  said  north 
side  of  Fayette  street  with  the  east  side  of  St.  Paul  street, 
thence  southerly  along  the  east  side  of  St.  Paul  street 
to  the  point  of  intersection  of  the  east  side  of  St.  Paul 
street  and  the  north  side  of  Fayette  street,  thence  easterly 
along  the  north  side  of  Fayette  street  to  the  point  of 
intersection  of  said  north  side  of  Fayette  street  with  the 
east  bank  of  Jones’  Falls  and  thence  in  a southerly  direction, 
following  the  said  east  bank  of  Jones’  Falls  to  the  point 
where  said  bank  intersects  the  north  side  of  the  harbor  or 
basin,  and  thence  due  south  across  the  harbor  or  basin  to 
the  south  side  thereof,  and  thence  westerly  along  the  said 
south  side  or  shore  to  the  point  of  intersection  of  the 
north  side  of  East  York  street  with  the  east  side  of  Johnson 
street,  and  thence  across  East  York  street  to  the  point 
where  the  southern  line  of  East  York  street  intersects  the 
west  side  of  Johnson  street,  and  thence  west  along  the 
south  side  of  York  street  to  the  point  of  intersection  of  the 
south  side  of  East  York  street  with  the  east  side  of  South 
Charles  street,  thence  northerly  along  the  east  side  of 
South  Charles  street  to  the  point  of  intersection  of  the  said 
east  side  of  South  Charles  street  with  the  south  side  of 
Camden  street  and  thence  along  the  south  side  of  Camden 
street  westerly  to  Howard  street  at  the  point  of  beginning. 

Powers  of  City  Engineer  and  Commissioner  of 
Street  Cleaning. 

1904,  ch.  87,  Sec.  31. 

31.  While  the  work  authorized  by  this  Act  is  being  street  surface 
done  by  said  Commission  the  respective  duties  and  powers  men’tr^’ 
of  the  City  Engineer  and  Commissioner  of  Street  Cleaning 
and  other  city  officials  in  their  relations  to  the  pavements 
and  other  street  surface  improvements  of  the  city  of  Bal- 
timore shall,  subject  to  the  duties  and  powers  hereby 
conferred  upon  said  Commission,  continue  as  at  present, 
and  said  Commission  shall  be  authorized  as  its  work 
progresses  to  turn  over  from  time  to  time  such  completed 
portions  of  said  work  as  it  may  see  fit  to  the  charge. 


1260 


BURNT  DISTRICT  COMMISSION  — APPENDIX  A. 


superintendence  and  control  of  the  proper  city  officials, 
and  shall,  on  the  termination  of  its  work,  turn  over  all  the 
records,  writings,  papers,  copies  of  reports,  and  maps  of 
said  Commission  other  than  those  hereinbefore  directed  to 
be  turned  over  by  the  City  Register  to  the  Commissioners 
for  Opening  Streets,  to  be  by  them  preserved  and  to  be 
used  as  their  own  papers  and  records  are  preserved  and 
used  ; and  all  other  property  and  effects  in  its  possession 
belonging  to  the  City  Comptroller  to  be  disposed  of  by  him 
as  may  be  provided  by  ordinance. 

Burnt  District  Improvement  Loan. 

1904,  ch.  468,  Sec.  1. 

Authority  to  32.  The  Mayor  and  City  Council  of  Baltimore  is  author- 
lSux?eeding  ized  to  issue  its  stock  to  an  amount  not  exceeding  six 
$6,000,000.  niiiiion  dollars  ; said  stock  to  be  issued  from  time  to  time 
as  the  Mayor  and  City  Council  of  Baltimore  shall,  by  ordi- 
nance, provide  ; and  to  be  issued  for  such  amounts  and  to 
be  payable  at  such  time  and  to  bear  such  rate  of  interest 
as  the  Mayor  and  City  Council  of  Baltimore  shall  by  ordi- 
nance provide ; and  the  proceeds  thereof  to  be  issued  for 
supplying  additional  means  for  defraying  the  expenses 
and  cost  of  carrying  into  execution  the  plan  of  improvements 
adopted  or  to  be  adopted  under  the  terms  of  the  Act  passed 
at  the  January  Session  of  the  General  Assembly  of  Maryland 
in  the  year  1904,  and  entitled  ‘ ‘An  Act  to  create  a Commis- 
sion on  the  Burnt  District  of  Baltimore  city ; to  define  its 
Burnt  District  duties  and  powers ; to  regulate  its  methods  of  procedure  ; 

Commission.  define  the  extent  of  said  districts ; to  provide  for 
opening,  extending,  widening,  straightening  and  closing 
streets,  lanes  and  alleys,  for  establishing  public  squares 
and  market  spaces,  building  lines  and  the  width  of  side- 
walks in  said  district ; for  adding  to,  extending  and  partly 
filling  the  harbor  or  basin  of  Baltimore  city;  and  for  estab- 
lishing public  wharves  and  docks  and  to  provide  for 
appropriating  a portion  of  the  general  sinking  fund  of 
Baltimore  city  and  other  moneys  for  the  purposes  of  this 
Act,''  but  said  stock  shall  not  be  issued  in  whole  or  in  part 
unless  the  ordinance  of  the  Mayor  and  City  Council  of 


CONVEYANCES  OF  STATE  EANDS — APPENDIX  A. 


1261 


Baltimore  providing  for  the  issuance  thereof,  shall  be  sub- 
mitted to  the  legal  voters  of  the  city  of  Baltimore  at  such  submitted  to 
time  and  place  as  may  be  fixed  by  said  ordinance,  and  be  voters, 
approved  by  a majority  of  the  votes  cast  at  such  time  and 
place  as  required  by  section  7 of  Article  11  of  the  Consti- 
tution of  Maryland.  * 

Conveyances  of  State  Lands  in  Burnt  District. 

1904,  ch.  581. 

33.  The  Governor,  Comptroller  of  the  Treasury  and  the  ^ ^ , 

. . PI  1*1  Governor  et  al. 

Treasurer  or  a majority  of  them,  are  hereby  authorized 
and  empov/ered  to  sell,  grant,  assign,  convey  or  lease  any 
of  the  property,  or  any  interest  therein  belonging  to  the 
State  of  Maryland  situated  in  the  Burnt  District,  as  defined 
in  the  Act  of  1904,  ch.  87  (codified  in  this  appendix  to  this 
Code  as  Sections  1 to  31  inclusive)  and  lying  south  of  Pratt 
street  and  east  of  Light  street  to  the  Mayor  and  City 
Council  of  Baltimore,  upon  such  terms  and  at  such  price 
or  prices  as  shall  be  agreed  upon  between  said  State 
officials,  or  a majority  of  them,  and  the  Burnt  District 
Commission,  and  to  execute,  acknowledge  and  deliver  for 
and  on  behalf  of  the  State  of  Maryland,  all  the  necessary 
deeds  and  conveyances  therefor. 


1906,  ch.  145. 

34.  The  Governor,  Comptroller  of  the  Treasury  and  the  ^pfo°pertTiS- 
Treasurer,  or  a majority  of  them,  are  authorized  and  em- 
powered  to  sell,  lease  or  otherwise  dispose  of,  in  whole  or  street, 
in  part,  to  the  Mayor  and  City  Council  of  Baltimore  any  or 
all  of  the  parcels  of  property  of  the  State  of  Maryland,  or 
any  interest  or  interests  therein,  involved  in  the  widening 
of  Light  street,  in  the  city  of  Baltimore,  from  Pratt  street 
to  Lee  street  as  now  or  hereafter  proposed  by  the  ‘ ‘Burnt 
District  Commission’^  created  by  chapter  87  of  the  Acts  of 
the  General  Assembly  of  Maryland  for  the  year  1904  upon 
such  terms  as  to  price  or  otherwise  as  shall  be  agreed  upon 


*Note. — This  Act  was  approved  by  the  people  at  the  election  held 
November,  1904. 


1262 


BURNT  DISTRICT  COMMISSION — APPENDIX  A. 


between  said  State  officials  or  a majority  of  them  and  said 
Burnt  District  Commission  and  also  to  execute,  acknowledge 
and  deliver  for  and  on  behalf  of  the  State  of  Maryland  all 
the  necessary  deeds,  conveyances  or  other  legal  instruments 
therefor.  Provided  any  and  all  sums  of  money  derived 
from  the  sale,  lease  or  other  disposition  of  the  State 
Tobacco  Warehouse  property  under  the  provisions  of  this 
Act  shall  be  placed  to  the  credit  of  the  State  Tobacco  Fund. 


‘ 'Damages  for  Establishments  and  Changes  of  Grade.  ’ ’ 
1906,  ch.  102. 

The  Mayor  and  City  Council  of  Baltimore  is  author- 
openfng""^  ized  and  empowered  to  authorize  and  direct  the  Commis- 
sioners  for  Opening  Streets  under  such  system  of  procedure 
tions.  including  reasonable  notice  to  the  property  holders  and  the 
right  of  appeal  by  either  the  property  holder  or  the 
Mayor  and  City  Council  of  Baltimore  to  the  Baltimore  City 
Court  and  the  Court  of  Appeals  of  Maryland,  as  it  may 
prescribe  to  ascertain  and  award  to  the  owners  of  abutting 
property  in  the  city  of  Baltimore  affected  by  the  establish- 
ments and  changes  of  grade  mentioned  in  said  Ordinance 
No,  91,  approved  June  7th,  1904,  as  aforesaid,  such  dam- 
ages, if  any,  as  they  may  find  to  have  been  directly  caused 
to  said  abutting  property  by  said  establishments  and 
changes  of  grade,  and  at  the  same  time  to  assess  against 
the  same  such  benefits  as  they  may  find  to  have  accrued  to 
said  owners  by  reason  thereof,  but  this  Act  shall  not  be 
taken  as  authorizing  compensation  of  any  kind  to  be  made 
by  the  Mayor  and  City  Council  of  Baltimore  for  any  side- 
walk alterations,  restorations  or  improvements,  or  any 
alterations,  restorations  or  improvements  of  any  kind  beyond 
the  building  line  of  any  street,  avenue,  alley  or  other  high- 
way necessitated  by,  or  referable  to  said  establishments 
and  changes  of  grade. 

1906,  ch.  102. 

36.  The  Mayor  and  City  Council  of  Baltimore  is  author- 
ized to  pay  the  amounts  of  the  net  damages,  if  any,  so 


DAMAGES  FOR  ESTABLISHMENTS  AND  CHANGES — APPENDIX  A. 


1263 


ascertained  and  awarded,  without  interest,  out  of  any  Fund  from 

. 1 1 • /»  1 which  such 

balance  not  appropriated  at  the  time  for  any  other  purpose 
of  the  fund  mentioned  in  chapter  463  of  the  Acts  of  the 
General  Assembly  of  Maryland,  and  commonly  known  as 
the  Western  Maryland  fund,  or  out  of  any  balance  not 
appropriated  at  the  time  for  any  other  purpose  of  the  fund 
derived  from  the  assessment  of  benefits  under  the  pro- 
visions of  chapter  87  of  said  Act  of  the  General  Assembly 
of  Maryland,  commonly  known  as  the  Burnt  District 
Commission  Act,  or  out  of  such  sum  or  sums  as  may  be 
appropriated  therefor  out  of  the  annual  revenue  of  the 
city  of  Baltimore  by  the  annual  ordinance  or  ordinances  of 
estimates. 

1906,  ch.  141. 

37.  The  Mayor  and  City  Council  of  Baltimore  is  em- 
powered to  allow  such  discounts,  as  it  may  deem  advisable 
for  the  early  payment  of  benefit  assessments  under  chapter  Snefits. 

87  of  the  Acts  of  the  General  Assembly  of  Maryland  for 
the  year  1904,  commonly  known  as  the  Burnt  District 
Commission  Act. 


1264 


APPENDIX  B. 


Protecting  per 
sons  from 
communica- 
ble diseases. 


APPENDIX  B. 

COMMUNICABLE  DISEASES. 


1.  Diseased  persons  disposing-  of 

sputum  or  other  secretion  so 
as  to  give  offense  to  be  deemed 
a nuisance;  complaint  to  Com- 
missioner of  Health;  duty  of 
officer  receiving  such  com- 
plaint ; penalty  for  disregard 
of  orders  of  Health  Commis- 
sioner ; diseases  to  which  this 
section  applies. 

2.  Duty  of  physician  attending 

cases  of  pulmonary  and  laryn- 
geal tuberculosis  ; duty  of  local 
health  board  when  no  physi- 
cian attending  such  cases. 


3.  Their  duty  when  cases  reported 

to  them  by  physician  ; physi- 
cian’s report;  to  provide 
against  danger  to  persons  oc- 
cupying house  or  apartments 
with  consumptives ; printed 
requisition  blanks  for  disin- 
fectants ; circular  information 
to  consumptives. 

4.  Penalty  for  false  statements  by 

physician. 

5.  State  Board  of  Health  to  issue 

printed  matter  required  by  pre- 
ceding sections  ; annual  appro- 
priation . 


1904,  ch.  399,  Sec.  1. 

1.  Any  person  affected  with  any  disease  whose  virus  or 
' infecting  agent  is  contained  in  the  sputum,  saliva  or  other 
bodily  secretion  or  excretion,  who  shall  dispose  of  his  spu- 
tum, saliva  or  other  bodily  secretion  or  excretion  as  to 
cause  offense  or  danger  to  any  person  or  persons  occupying 
the  same  room  or  apartment,  house  or  part  of  a house, 
shall,  on  complaint  of  any  person  or  persons  subjected  to 
such  offence  or  danger  be  deemed  guilty  of  a nuisance. 
And  any  person  subjected  to  such  a nuisance  may  make 
complaint  in  person  or  writing  to  the  Commissioner  of 
Health  of  Baltimore  City  or  the  local  health  officer  of  any 
city,  town  or  county  of  the  State  of  Maryland  where  the 
nuisance  complained  of  arises  or  exists.  And  it  shall  be 
the  duty  of  the  Commissioner  of  Health  or  of  any  local 
health  officer  receiving  such  complaint  to  investigate,  and 
if  it  appears  that  the  nuisance  complained  of  is  such  as  to 
cause  offense  or  danger  to  any  person  occupying  the  same 
room,  apartment,  house  or  part  of  a house,  he  shall  serve 
a notice  upon  the  person  so  complained  of,  reciting  the 
alleged  cause  of  offense  or  danger,  and  requiring  him  to 
dispose  of  his  sputum,  saliva  or  other  bodily  secretion  or 


APPENDIX  B. 


1265 


excretion  in  such  a manner  as  to  remove  all  reasonable 
cause  of  offense  or  danger.  And  any  person  failing  or 
refusing  to  comply  with  orders  or  regulations  of  the  Health 
Commissioner  of  Baltimore  City  or  of  the  health  officer  of 
any  city,  town  or  county  requiring  such  nuisance  to  be 
abated,  shall  be  deemed  guilty  of  a misdemeanor,  and  on 
conviction  thereof  shall  be  fined  ten  dollars ; provided, 
that  the  requirements  of  this  section  shall  apply  only  to 
pulmonary  and  laryngeal  tuberculosis,  pneumonia,  influenza  pn^eumonia.  ’ 
and  such  other  diseases  as  the  State  Board  of  Health  may 
from  time  to  time  determine  to  be  communicable  by  means 
of  sputum,  saliva  or  other  bodily  secretion  or  excretion. 

1904,  ch.  399,  Sec.  2. 

2.  It  shall  be  the  duty  of  the  physician  attending  any  Duty  of  attend- 
case  of  pulmonary  or  laryngeal  tuberculosis  to  provide  for 
the  safety  of  all  individuals  occupying  the  same  house  or 
apartment,  and  if  no  physician  be  attending  such  patient 
this  duty  shall  devolve  upon  the  local  health  board,  and  all 
duties  made  incumbent  upon  the  physician  in  the  following 
sections  shall  be  performed  by  the  local  board  of  health  in 
all  cases  of  pulmonary  or  laryngeal  tuberculosis  not  attend- 
ed by  a physician  or  when  the  physician  is  unwilling  or 
unable  to  perform  the  duties  specified. 


1904,  ch.  399,  Sec.  3. 

3.  It  shall  be  the  duty  of  the  local  board  of  health  to  Duty  of  the 
transmit  to  the  physician  reporting  any  case  of  pulmonary  heauh°^*^^ 
or  laryngeal  tuberculosis  a printed  report,  after  the  manner 
and  form  to  be  prepared  and  authorized  by  the  State 
Board  of  Health,  naming  such  procedures  and  precautions 
as  in  the  opinion  of  the  State  Board  of  Health  are  neces- 
sary or  desirable  to  be  taken  on  the  premises  of  the  said 
tuberculosis  case,  and  it  shall  be  the  duty  of  the  State 
Board  of  Health  to  print  and  keep  on  hand  a sufficient 
number  of  such  report  blanks  and  to  furnish  the  same  in 
sufficient  numbers  to  any  local  board  of  health  upon  due 
requisition  of  the  latter.  Upon  receipt  of  the  blank  report 


1266 


APPENDIX  B. 


Apartments 
occupied  by 
consump- 
tiv'es. 


Printed  requi- 
sition. 


the  physician  shall  fill,  sign  and  date  the  same  and  return 
to  the  local  board  of  health  without  delay;  provided,  that  if 
the  attending  physician  is  unwilling  or  unable  to  undertake 
the  procedures  and  precautions  specified  he  shall  so  state 
upon  this  report,  and  the  duties  herein  prescribed  shall 
then  devolve  upon  the  local  board  of  health.  Upon  receipt 
of  this  report  the  local  board  of  health  shall  carefully 
examine  the  same,  and  if  satisfied  that  the  said  attending 
physician  shall  have  taken  all  necessary  and  desirable 
precautions  to  insure  the  safety  of  all  persons  living  in 
the  house  or  apartments  occupied  by  the  consumptive, 
and  to  insure  the  safety  of  the  people  of  the  State  of 
Maryland,  the  said  local  board  of  health  shall  issue  an 
order  on  the  State  Board  of  Health  in  favor  of  the  attend- 
ing physician  for  the  sum  of  one  dollar  and  fifty  cents,  to 
be  paid  by  the  State  Board  of  Health  out  of  the  fund 
hereinafter  provided.  If  the  precautions  taken  by  the 
attending  physician  are,  in  the  opinion  of  the  local  board 
of  health,  not  such  as  will  remove  all  reasonable  danger  or 
probability  of  danger  to  the  persons  occupying  the  said 
house  or  apartment,  the  local  board  of  health  shall  return 
to  the  attending  physician  the  report  blank  with  a letter 
specifying  the  additional  precautions  which  they  shall 
require  him  to  take;  and  the  said  attending  physician  shall 
immediately  take  the  additional  precautions  specified  and 
shall  record  and  return  the  same  on  the  original  report 
blank  to  the  local  board  of  health.  It  shall  further  be  the 
duty  of  the  local  board  of  health  to  transmit  to  the 
physician  reporting  any  case  of  pulmonary  or  laryngeal 
tuberculosis  a printed  requisition,  from  which  shall  be 
prepared  by  the  State  Board  of  Health  and  issued  in 
sufficient  number  to  any  local  board  of  health  upon  due 
requisition  of  the  latter.  Upon  this  requisition  blank  shall 
be  named  the  materials  kept  on  hand  by  the  local  board  of 
health  for  the  prevention  of  the  spread  of  the  disease,  and 
it  shall  be  the  duty  of  the  State  Board  of  Health  to  pur- 
chase such  supplies  as  it  may  deem  necessary  from  the 
fund  hereinafter  provided,  and  to  supply  them  to  any 
local  board  of  health  upon  due  requisition  of  the  latter. 
Any  physician  may  return  a duly  signed  requisition  to  the 


APPENDIX  B. 


1267 


local  board  of  health  for  such  of  the  specified  materials 
and  in  such  amount  as  he  may  deem  necessary  in 
preventing  the  spread  of  the  disease,  and  all  local  boards 
of  health  shall  honor,  as  far  as  possible,  a requisition 
signed  by  the  attending  physician  in  such  case.  It  shall  be 
the  duty  of  every  local  board  of  health  to  transmit  to  every 
physician  reporting  any  case  of  pulmonary  or  laryngeal 
tuberculosis,  or  to  the  person  reported  as  suffering 
from  this  disease,  provided,  the  latter  has  no  attending 
physician,  a circular  of  information  prepared  and  printed 
by  the  State  Board  of  Health  and  which  shall  be  furnished 
in  sufficient  quantity  to  every  local  board  of  health  on  due 
requisition  of  the  latter.  This  circular  of  information  circular  in- 
shall  inform  the  consumptive  of  the  best  methods  of  cure 
of  his  disease  and  of  the  precautions  necessary  to  avoid 
transmitting  the  disease  to  others. 


1904,  ch.  399,  Sec.  4. 

4.  Any  physician  or  person  practicing  as  a physician 
who  shall  fail  to  execute  the  duties  prescribed  by  this  Act,  making  false 

statements. 

or  who  shall  knowingly  report  as  affected  with  pulmonary 
or  laryngeal  tuberculosis  any  person  who  is  not  so  affected, 
or  who  shall  wilfully  make  any  false  statement  concern- 
ing the  name,  age,  color,  sex,  address  or  occupation  of 
any  person  reported  as  affected  with  pulmonary  or 
laryngeal  tuberculosis,  or  who  shall  certify  falsely  as  to  any 
of  the  precautions  taken  to  prevent  the  spread  of  infection, 
shall  be  deemed  guilty  of  fraud,  and  on  conviction  thereof 
shall  be  subject  to  a fine  of  one  hundred  dollars,  or  to 
imprisonment  not  exceeding  six  months,  or  both  fine  and  penalty, 
imprisonment,  in  the  discretion  of  the  court. 


1904,  ch.  399,  Sec.  5. 

5.  The  State  Board  of  Health  shall  prepare  and  keep  on  state  Board  of 
hand  all  the  circulars,  blanks  and  printed  matter  required  Ksue^prTnted 
by  the  preceding  section  and  all  additional  printed  matter 
necessary  in  executing  the  provisions  of  this  Act,  and 
shall  issue  the  same  in  sufficient  quantity  to  the  local 
boards  of  health  upon  due  requisition  of  the  latter;  and  the 


1268 


APPENDIX  B. 


said  State  Board  of  Health  shall  further  purchase  and 
issue  upon  due  requisition  to  the  local  boards  of  health  the 
supplies  required  by  the  provisions  of  this  Act.  For  the 
purpose  of  defraying  the  expenses  of  printed  matter  and 
postage,  for  recompensing  physicians  for  measures  of 
prophylaxis,  and  for  purchasing  and  issuing  the  supplies 
necessary  in  carrying  out  the  provisions  of  this  Act,  the 
sum  of  five  thousand  dollars  annually  or  as  much  thereof 
Annual  appro-  as  may  be  necessary  is  hereby  appropriated,  payable  by 
the  Treasurer  of  the  State  upon  warrant  of  the  Comptroller 
at  such  times  and  in  such  sums  as  may  be  authorized  by 
the  State  Board  of  Health  upon  presentation  of  the  proper 
voucher. 


APPENDIX  C. 


1269 


APPENDIX  C. 

Primary  Election  Law  for  Baltimore  City.** 


Selection  of  Candidates  and 
Delegates. 

1.  Political  parties  required  to  con- 
form to  provisions  hereof; 
when  names  of  candidates 
shall  not  be  placed  on  ballot; 
nomination  of  candidates  by 
direct  vote;  or,  by  conventions; 
delegates  to  conventions;  date 
of  primary  elections;  notice 
of  primary  elections;  voting 
places;  books  of  registry;  bal- 
lots to  be  prepared;  names  of 
candidates  to  be  printed  on; 
requirements  in  relation  to; 
delegations,  certificates  of ; 
when  to  be  filed ; sample  ballots; 
expenses  of  elections  hereun- 
der; votes,  countingof ; position 
of  names  on  ballots;  challeng- 
ers; sets  of  ballots  required; 
affiliation  of  voters;  poll  books; 


offences;  law  not  to  apply  to 
congressional  or  other  national 
elections;  exceptions 

Primary  Elections  for  Mayor,  Com- 
troller,  and  President  of  the 
Second  Branch  and  Members 
of  City  Council. 

2.  Election  day;  “party  affilia- 

tion’’; voter  not  required  to 
state  party  affiliation  ; when 
stated  may  only  vote  at  primary 
election  of  that  party  and  no 
other;  voter  may  at  subsequent 
registration  have  entry  of 
party  affiliation  made,  altered 
or  stricken  out ; duty  of  board 
of  registry. 

Supervisors  of  Elections. 

3.  Additional  compensation  for; 

clerical  assistance,  additional 
compensation  for;  payment  by 
city  of  such  expenses. 


SELECTION  OF  CANDIDATES  AND  DELEGATIONS. 

1902,  ch.  296  (Sec.  152).  1904,  ch.  682  (Sec.  152). 

1.  Political  parties  which,  at  the  general  election  held  Political  par- 
on  November  3,  1903,  polled  ten  per  cent,  of  the  entire  to  conform  to 
vote  cast  in  the  State,  shall  hereafter  nominate  their  hereof, 
candidates  for  public  office,  and  shall  elect  all  delegates  to 
conventions,  or  managing  bodies  in  said  political  parties, 
and  all  precinct,  ward,  city  and  county  executives  or 
executive  committees,  not  appointed  by  party  conventions, 
whenever  the  political  party  usage  provides  for  such 
executives  or  committees,  by  means  of  primary  elections 


**Note. — As  to  power  of  Eegislature  to  regulate  primary  elections,  see 
Kenneweg  v.  Allegheny  Co.,  102  Md.  119. 


1270 


APPENDIX  C. 


Candidates  conducted  Under  the  provisions  of  this  Act,  and  not  other- 
JiSd  on’"^  wise,  and  the  several  Boards  of  Supervisors  of  Elections 
shall  not  print  on  the  official  ballot  to  be  voted  at  any 
general  or  special  election  to  be  hereafter  held,  the  names 
of  any  candidates  of  any  of  said  parties  who  shall  not  be 
so  nominated,  and  whose  nominations  shall  not  be  certified 
to  them  or  to  the  Secretary  of  State,  as  having  been  so 
by  nominated.  Such  candidates  may  be  nominated  by  direct 
direct  vote.  (July  registered  voters  belonging  to  or  acting 

with  such  parties  in  every  precinct,  ward,  councilmanic, 
legislative,  congressional  and  election  district  in  Baltimore 
Or.  by  conven-  city  and  the  several  counties,  respectively,  or  they  may  be 
nominated  by  city,  county  or  district  conventions,  the 
delegates  to  which  shall  be  elected  at  primary  elections 
duly  held  in  precincts,  wards,  election,  councilmanic, 
legislative,  congressional  and  judicial  districts,  or  they  j 
may  be  nominated  by  State  or  other  conventions  composed 
of  delegates  elected  by  city,  county,  councilmanic,  legis-  < 
Delegates  to  lativc,  judicial  or  congressional  district  conventions,  the  | 
conventions,  (jg^gg^tes  to  which  last  mentioned  several  conventions 

shall  have  been  elected  at  said  primary  elections,  as  shall  ’ 

be  determined  from  time  to  time  by  the  State  Central  ; 

Committee  or  other  governing  body  of  said  political  • 

Date  of  prim-  partics.  Said  primary  election  shall  be  annually  held  on  a 1 

ary  elections  fixod  for  Baltimore  city  and  the  several  counties,  \ 

respectively,  by  an  agreement  between  the  governing  | 

bodies  of  said  parties  not  later  than  the  third  Monday  of  i 

September  in  each  year.  The  day  for  holding  such 
primary  elections  need  not  be  the  same  in  Baltimore  city 
and  in  the  several  counties,  but  on  or  before  the  above 
named  date,  be  held  in  Baltimore  city  and  in  the  several 
counties  upon  days  which  shall  be  so  agreed  on,  and  in 
case  such  governing  bodies  shall  fail  to  agree  on  the  day 
for  holding  said  primary  elections,  either  in  the  City  of 
Baltimore  or  in  any  of  the  counties,  they  shall  be  held  in 
said  city,  and  in  said  counties  on  the  third  Monday  of 
Notice  of  prim- ggpi^gjuber  ill  oach  year.  Notice  shall  be  given  of  the 

ary  elections.  i i i 

times  and  places  of  holding  said  primary  elections  by  the 
several  Boards  of  Supervisors  of  Elections  in  the  same  ^ 
way  precisely  as  notice  is  required  to  be  given  for  munici- 


PRIMARY  ERECTIONS  FOR  BALTIMORE  CITY. 


1271 


pal  and  county  elections  held  under  the  provisions  of 
Article  33  of  the  Code  of  Public  General  Laws,  and  there 
shall  be  at  every  primary  election  a voting  place  in  each 
precinct  or  election  district,  which  shall  be  selected  as 
provided  in  section  11  of  this  Article,  and  furnished  in  the 
same  manner  as  at  a general  election.  They  shall  be  con- 
ducted under  the  control  of  the  several  Boards  of  Super- 
visors of  Elections,  by  the  judges  and  clerks  of  elections 
appointed  by  them  under  the  provisions  of  said  Article  33 
for  the  conduct  of  elections  held  thereunder  in  Baltimore 
city  and  the  several  counties.  The  books  of  registry  Books  of 
shall  be  furnished  to  the  judges  at  each  polling  place,  and 
shall  be  used  at  such  elections  in  the  same  way  as  they  are 
now  used  at  municipal  and  county  elections  held  under  the 
provisions  of  said  Article  33.  In  the  books  of  registry,  to 
be  hereafter  prepared  for  use  in  Baltimore  city,  a column 
headed  “Voted  at  Primary  Elections''  shall  be  used,  in 
which  column  such  word  “Voted,"  or  letter  “V,"  shall  be 
hereafter  entered  at  the  primary  election  at  which  such 
registry  shall  be  used;  in  the  counties,  until  new  books  of 
registry  shall  be  required  to  be  prepared  according  to 
existing  law,  the  present  books  of  registry  shall  be  used, 
and  the  judges  shall  therein  make  a column  headed 

“Voted  at  Primary  Election  of ,"  and  enter 

in  like  manner  therein  the  word  “Voted"  or  the  letter “V." 

Persons  arriving  at  the  age  of  twenty-one  years  after  the 
closing  of  the  next  preceding  registration,  and  entitled  to 
be  registered  as  qualified  voters,  shall  be  entitled  to  vote, 
upon  proving  under  oath,  to  the  satisfaction  of  a majority 
of  the  judges  of  election  their  right  to  registration  in  the  Baiiots  to  be 
precinct  at  which  they  shall  claim  the  right  to  vote. 

Ofhcial  ballots  shall  be  prepared  for  such  primary  elections 
by  the  several  Boards  of  Supervisors  of  elections,  as  is  now 
provided  by  said  Article  33,  and  said  several  Boards  of 
Supervisors  shall  print  on  said  official  ballots  the  names  of  Names  of  can- 
all  candidates  and  the  names  of  all  delegates  to  any  con-  pH,uld 
vention  or  nominating  convention,  who  shall  become  duly  hi  reSSiTtS 
qualified  by  the  payment  of  the  amount  herein  named,  and 
shall  have  filed  a certificate  in  writing  containing  the  name 
of  the  person  seeking  a nomination,  his  residence,  his. 


1272 


APPENDIX  C. 


business,  his  address,  the  office  for  which  he  seeks  to  be 
nominated,  and  the  party  to  which  he  belongs;  and  the 
certificates  of.  certificate  for  delegations  to  contain  the  names  of  each 
person  or  delegate,  his  residence,  his  business,  his  address, 
the  convention  to  which  the  delegation  seeks  to  be  elected, 
and  the  party  to  which  the  members  of  the  delegation 
belong,  and  acknowledged  by  the  candidate  where  the 
certificate  is  filed  by  a candidate  seeking  a nomination,  and 
by  a member  of  a delegation  on  his  part,  and  on  the  part 
of  the  delegation,  when  filed  on  behalf  of  a delegation 
before  an  officer  duly  authorized  to  take  acknowledgments, 
who  shall  append  a certificate  of  such  acknowledgment. 

^ All  such  certificates  must  be  filed  and  payments  made  not 
less  than  fifteen  days  before  the  day  or  days  of  said 
several  primary  elections.  The  names  of  the  several  candi- 
dates or  of  the  several  delegates  to  be  elected  at  said 
primary  election  to  any  convention  or  nominating  conven- 
tion shall  be  published  two  days  before  said  election,  in  the 
mode  prescribed  in  section  44  of  said  Article  33,  as  far  as 
practicable.  It  shall  not  be  necessary  to  print  sample 
Sample  ballots,  cards  of  instruction  for  such  elections,  but  either 

or  both  shall  be  printed  by  the  Board  of  Supervisors  of 
Elections  of  the  city  of  Baltimore  or  counties  of  the  State, 
respectively,  when  requested  by  any  candidate  or  delegate, 
said  request  to  be  accompanied  by  a sum  of  money  neces- 
sary to  cover  the  cost  of  printing.  Each  candidate  for 
nomination  for  public  office  at  a primary  election  shall  pay 
the  sum  of  twenty-five  dollars,  and  each  delegation  to  a 
nominating  convention  shall  pay  the  sum  of  five  dollars 
upon  filing  their  certificate  with  the  Supervisors  of  Elec- 
tions, and  the  said  Board  of  Supervisors  shall  pay  over  the 
amount  so  received  to  the  Mayor  and  City  Council  of  Balti- 
more City,  and  the  County  Commissioners  of  each  county. 
Expenses  of  and  all  the  expenses  of  holding  said  elections  shall  be  paid 
L^reinder.  by  the  Mayor  and  City  Council  of  Baltimore  and  the 
County  Commissioners,  respectively,  precisely  as  the 
expenses  of  State,  city  and  county  elections  are  now  paid 
under  existing  law.  If  such  nominations  are  to  be  made 
by  conventions,  as  hereinbefore  provided,  every  candidate, 
having  complied  with  the  prerequisites,  shall  have  the  privi- 


PRIMARY  ELECTIONS  FOR  BALTIMORE  CITY. 


1273 


lege  of  having  his  name  placed  on  the  official  ballot;  before 
the  name  of  that  set  of  delegates  selected  by  him  or  run- 
ning in  his  interest,  and  every  vote  cast  for  said  candidate 
by  marking  in  the  square  opposite  his  name,  in  the  manner 
and  form  provided  by  this  Article  shall  be  construed  and 
counted  for  his  entire  set  of  delegates,-  unless  there  is  a 
mark  opposite  any  name  in  his  set  of  delegates  in  which  event 
only  those  names  in  that  particular  set  of  delegates  marked 
in  the  square  opposite  shall  be  counted  as  having  been  voted. 

Whenever  the  name  of  any  candidate  is  so  placed  upon  the  Position  of 
ballot,  the  candidate’s  surname  shall  determine  his  place  taiiots. 
upon  the  alphabetical  arrangement  as  hereinbefore  pro- 
vided in  this  Article,  upon  said  ballot,  and  the  names  of 
his  delegates  shall  follow  immediately  after  his  name  in 
such  order  as  submitted  to  the  Board  of  Supervisors  of 
Elections.  Ballots  shall  be  cast,  counted  and  canvassed, 
and  the  result  of  the  election  announced  and  certified,  as 
now  provided  by  said  Article  33,  for  elections  held  there- 
under, and  the  said  elections  shall  be  held  and  conducted 
in  the  manner  and  form  provided  by  this  Article  for 
general  elections,  and  subject  to  all  the  regulations, 
requirements  and  provisions  as  prescribed  by  this  Article 
for  general  elections,  in  so  far  as  the  same  is  applicable  to 
said  primary  elections.  Challengers  and  watchers  repre-  challengers, 
senting  the  candidates  shall  be  allowed  to  be  present  at  the 
several  voting  places  during  the  voting  and  counting  of  the 
ballots,  as  provided  in  said  Article  33.  As  many  different  sets  of  baiiots 
sets  of  official  ballots  shall  be  printed  and  supplied  at  each 
polling  place,  and  as  many  ballot  boxes  shall  be  used  at 
each  polling  place  as  there  are  separate  party  nominations 
to  be  voted  for,  and  to  prevent  voters  belonging  to  or  act- 
ing with  one  political  party  from  inadvertently  or  inten- 
tionally casting  their  ballot  for  the  candidates  for 
nomination  or  election  as  delegates  to  any  nominating 
convention  or  any  other  party,  the  ballots  of  the  several 
parties  shall  be  printed  upon  paper  of  different  colors,  Affiliation  of 
and  until  after  the  next  general  registration,  every 
person  offering  to  vote,  shall  be  required  to  state  to  which 
party  he  belongs,  and  which  party’s  candidate  he  intends 
to  vote  for  at  the  State,  city  or  county  election,  and  he 


1274 


APPENDIX  C 


shall  be  supplied  only  with  the  official  ballot  prepared  for 
the  candidates  of  such  party,  excepting  as  hereinafter 
Poll  books,  provided  for  Baltimore  city.  As  each  voter’s  name  shall 
be  entered  in  the  poll  books  kept  by  the  two  clerks  of 
election,  there  shall  be  entered  opposite  his  name  the  name 
of  the  party  whose  candidates  he  votes  for.  The  pro- 
visions, all  and  singular,  of  sections  33  to  109  of  said 
Article  33,  both  inclusive,  and  the  offences  defined  and 
the  penalties  and  punishments  prescribed  therefor  in  said 
sections  shall  be  fully  applicable  in  all  respects  to  the 
same  persons,  matters,  acts  and  omissions  in  connection 
with  or  pertaining  to  the  primary  election  held  under  this 
Article,  sub-title  “Primary  Elections,”  and  said  sections 
are  hereby  made  applicable  to  all  primary  elections  pro- 
vided for  and  held  hereunder,  and  any  judge,  clerk  or 
other  officer  of  any  primary  election,  or  any  voter  or  other 
person  who  would  be  deemed  guilty  of  any  offence 
against  the  general  election  law,  or  any  provisions  thereof, 
in  a general  election,  who  is  found  guilty  of  the  same 
offence  in  any  primary  election,  as  herein  provided  for, 
shall  be  deemed  guilty  of  the  same  crime  of  which  his 
offence  is  made  to  consist  by  and  under  the  general  elec- 
tion law,  and  particularly  under  the  abovementioned  sec- 
tions thereof,  and  shall  be  liable  to  the  same  punishment  or 
penalty  as  is  prescribed  for  such  offence  by  the  general 
Eaw  not  to  election  law  or  by  any  of  said  sections  thereof ; provided, 
|?es5oSai°or  that  none  of  the  provisions  of  this  Act  relating  to  the 
ai  ejections”  holding  or  conduct  of  primary  elections,  shall  be  applicable 
noted  herein,  to  primary  elections  for  the  nomination  of  Congressional 
candidates  in  Congressional  districts,  which  are  now  or 
shall  be  composed  partly  of  counties  and  partly  of  portions 
of  Baltimore  city;  nor  is  the  selection  of  delegates  to  the 
National  Nominating  Convention  of  any  political  party 
subject  to  the  provisions  hereof,  nor  is  the  selection  of 
delegates  to  State,  legislative  or  Congressional  district 
conventions  called  for  the  purpose  of  choosing  delegates 
to  said  National  Convention,  and  for  nominating  Presi- 
dential Electors;*  and  provided,  further,  that  the  primary 


‘Notb:. — The  act  seems  defective  in  verbiage  at  this  point. 


PRIMARY  ELECTIONS  FOR  MAYOR,  ETC. 


1275 


election  law  in  force  in  Baltimore  City  prior  to  the  passage 
of  this  Act,  shall  continue  in  force,  and  shall  apply  only  to 
primary  elections  for  Congressional  candidates  held  in  those 
portions  of  Baltimore  City  which  form  a part  of,  and  are 
embraced  in  the  Second  and  Fifth  Congressional  Districts. 

PRIMARY  ELECTIONS  FOR  MAYOR,  COMPTROLLER  AND 
PR  ESI  DENT  OF  THE  SECOND  BRANCH  AND  MEM- 
BERS OF  CITY  COUNCIL. 

1902,  ch.  296,  (Sec.  153).  1904,  ch.  682,  (Sec.  153). 

1906,  ch.  182,  (Sec.  153). 

2.  Primary  Elections  for  Mayor,  Comptroller,  Presi- 
dent of  the  Second  Branch  City  Council  and  members  of 
the  City  Council  of  Baltimore  shall  be  held  in  all  respects 
according  to  the  foregoing  provisions,  except  that  the  day 
for  holding  the  same  shall  be  the  first  Tuesday  of  April  of  Election  day. 
the  year  in  which  the  municipal  elections  in  said  city  of 
Baltimore  are  to  be  held,  and  at  every  general  registra- 
tion held  in  Baltimore  city,  subsequent  to  the  passage  of 
this  Act  there  shall  be  provided  in  the  registration  books 
an  additional  column,  headed  “Party  Affiliation’',  and  fhe  “p^tfation  ” 
board  of  registers  shall  enter  in  this  column  the  name  of 
the  political  party,  if  any,  to  which  the  voter  is  inclined 
and  with  which  the  voter  desires  to  have  himself  recorded 
as  affiliated.  It  shall  be  the  duty  of  the  board  of  registry 
to  explain  to  each  voter  that  the  statement  of  such  party 
affiliation  does  not  bind  him  to  vote  for  the  candidates  of 
such  party  at  any  given  election;  also  that  he  has  the  right  voter  not  re- 
to  decline  to  state  any  party  affiliation,  but  that  no  one  stTtepany 
who  is  not  recorded  upon  the  registry  as  affiliated  with  a 
particular  political  party  will  be  qualified  to  vote  at  subse- 
quent primary  elections  of  said  political  party.  Whenever 
a voter  declines  to  state  his  party  affiliation,  the  word 
“Declined”  shall  be  written  opposite  his  name  under  such 
column,  so  that  there  shall  be  written  in  such  column 
opposite  the  name  of  every  registered  voter  either  his 
party  affiliation  or  the  word  “Declined”.  And  in  all 
primary  elections  thereafter  held,  any  person  so  registered 
as  affiliated  with  a given  political  party  shall  have  the 


1276 


APPENDIX  C. 


Right  of  per-  right  to  recei  V6  and  vote  the  official  ballot  of  that  party 

sons  to  vote  i i j. 

when  and  ot  no  other.  And  at  any  intermediate  registration 
as  affiliated.  subsoQuent  to  the  close  of  the  next  general  registration 
such  voter  may  appear  before  the  board  of  registry,  and 
upon  his  identity  being  established  to  the  satisfaction  of 
the  majority  of  the  board  of  registry  he  shall  have  the 
right  to  require  the  said  board  of  registry  to  make,  alter 
or  strike  out  any  entry  in  the  column  headed  “Party 
■^ofS*tri?s.  Affiliation’^  opposite  his  name  in  the  registry.  It  shall  be 
the  duty  of  the  board  of  registry  to  enter  in  the  column 
headed  “Remarks”  the  fact  that  such  entry  was  made, 
altered  or  stricken  out,  and  the  date  thereof. 

SUPERVISORS  OF  ELECTIONS. 

1902,  ch.  296,  (Sec.  154). 

3.  For  the  performance  of  the  duties  imposed  upon 
^cpmpensV  them  by  this  Act,  the  Supervisors  of  Elections  of  Baltimore 
tion  for.  shsiW  be  entitled  to  receive,  in  addition  to  the  annual  salary 
of  fifteen  hundred  dollars  allowed  them  by  section  2 of 
Article  33,  the  further  annual  salary  of  one  thousand  dol- 
lars each  ; and  the  Supervisors  of  Elections  of  the  several 
counties,  in  addition  to  the  annual  salary  of  one  hundred 
dollars  each  allowed  them  by  section  2 of  said  Article  33, 
shall  be  entitled  to  receive  an  additional  compensation,  to 
be  paid  by  the  County  Commissioners  of  the  several 
counties,  amounting  to  fifty  per  cent,  of  the  salary  now 
received  by  them  under  said  section  in  the  counties  not 
excepted  from  the  operation  of  this  law,  and  such  further 
sum  for  expenses  incurred  in  the  performance  of  the 
duties  imposed  on  them  by  this  Act  as  the  said  several 
boards  of  County  Commissioners  shall  allow.  The  Super- 
ciericai  visors  of  Elections  of  Baltimore  city,  in  addition  to  the 

SdftffinS’  sums  allowed  to  them  by  section  6 of  said  Article  33,  as 
tfon  compensation  for  their  clerk  and  messenger  and  other 
o?^EieS?ons.  temporary  assistance,  such  as  is  mentioned  in  said  section 
6 of  said  Article  33,  shall  be  allowed  the  further  sum  of 
fifteen  hundred  dollars  ; and  the  Supervisors  of  Elections 
of  the  several  counties  shall  be  entitled  to  receive  for  such 
additional  clerical  or  other  assistance  as  they  may  need  for 


SUPERVISORS  OF  ELECTIONS. 


1277 


the  performance  of  the  duties  imposed  upon  them  by  this 
Act,  a sum  not  exceeding  fifty  per  cent,  of  the  present 
salary  for  that  purpose  in  the  counties  not  excepted  from 
the  operation  of  this  law.  All  of  said  expenses  shall  be  ^cuTo/such 
paid  by  the  Mayor  and  City  Council  of  Baltimore  and  the  expenses. 
County  Commissioners,  respectively,  in  precisely  the  same 
way  as  the  salaries  of  the  said  Supervisors  of  Elections  of 
Baltimore  city  and  in  the  several  counties,  and  as  other 
expenses  of  every  kind  mentioned  in  said  sections  2 and  6 
of  said  Article  33  are  provided  to  be  paid. 


APPENDIX  D. 


1279 


THE  UNITED  RAILWAYS  AND  ELEC- 
TRIC COMPANY  OF  BALTIMORE 
CITY.” 


An  Analytical  Statement  Showing  the  Corporate  Ori- 
gin OF  THE  United  Railways  and  Electric  Com- 
pany FROM  Consolidations  of  its  Various 
Constituent  Companies. 


By  articles  of  agreement  contained  in  a certificate  of 
consolidation  filed  in  the  office  of  the  Secretary  of  State  at 
Annapolis,  March  4,  1899,  it  is  declared  that  the  United 
Railways  and  Electric  Company  of  Baltimore  city  is  formed 
by  a consolidation  of  the  following  consolidated  and  inde- 
pendent named  street  railway  corporations: — 


A* *.  THE  UNITED  RAILWAY  AND  ELECTRIC  COMPANY. 


A consolidation  of — 

(a)  Baltimore  City  Passenger  Railway  Company, 
(h)  Baltimore  and  Northern  Electric  Railway 
Company. 


**Note. — For  references  to  the  various  ordinances  and  resolutions 
heretofore  passed  by  the  Mayor  and  City  Council  of  Baltimore  relating 
to  the  United  Railways  and  Electric  Company  and  its  constituent  com- 
panies, see,  ante,  pages  1036  to  1039,  inclusive. 

*Note. — See,  testimony  of  Wm.  A,  House,  General  Manager  of  the 
United  Railways  and  Electric  Company,  February  8,  1901,  in  re  U.  Rys. 
and  Elec.  Co.  v.  The  Maryland  Trust  Co.,  trustee,  in  the  Circuit  Court 
No.  2,  of  Baltimore  City,  Record  A,  1901,  p.  31.  See,  deed  from  various 
•constituent  companies  of  U.  Rys.  and  Elec.  Co.  to  said  U.  Rys.  and  Elec. 
Co.  dated  March  14,  1899,  and  recorded  among  Land  Records  of  Balti- 
more city  in  Liber  R.  O.  No.  1776,  fol.  305,  etc. 


1280 


APPENDIX  D. 


B.  THE  BALTIMORE  CONSOLIDATED  RAILWAY  COMPANY. 

A consolidation  of — 

(a)  Baltimore  Traction  Company. 

(h)  City  and  Suburban  Railway  Company. 

(c)  Lake  Roland  Elevated  Railway:  Company. 


C.  THE  CENTRAL  RAILWAY  COMPANY. 


D.  BALTIMORE,  GARDENSVI LLE  AN  D BELAIR  ELECTRIC 
RAILWAY  COMPANY. 


E.  BALTIMORE,  CATONSVILLE  AND  ELLICOTT’S  MILLS 
PASSENGER  RAILWAY  COMPANY. 

( T/ie  purchaser  of  a corporation  of  the  same  name  under  foreclosure) . 


F.  THE  MARYLAND  TRACTION  COMPANY. 


G.*  BALTIMORE  AND  CURTIS  BAY  RAILWAY  COMPANY. 


H.  GWYNN’S  FALLS  RAILWAY  COMPANY. 


I.*  SHORE  LINE  ELECTRIC  RAILWAY  COMPANY. 


J.*  PIMLICO  AND  PIKESVILLE  RAILROAD  COMPANY. 


K.*  WALBROOK,  GWYNN  OAK  AND  POWHATAN  RAIL- 
ROAD COMPANY. 


*NoTE. — Stock  of  these  companies  owned  by  Baltimore  Traction  Com- 
pany.— See^  certificate  of  consolidation  forming  Baltimore  Consolidated 
Railway  Company,  filed  at  Annapolis,  oflSce  of  Secretary  of  State,  July 
17,  1897,  Corporations  Record  foL  124,  etc. 


U.  RYS.  AND  elec.  CO. — CONSTITUENT  CORPORATIONS. 


1281 


ORIGIN  OF  THE  CONSTITUENT  CORPORATIONS. 

A 

THE  UNITED  RAILWAY  AND  ELECTRIC  COMPANY. 

{This  company  owns  stock  of  Towson  Railway  Company'). 

{f<Y  BALTIMORE  CITY  PASSENGER  RAILWAY  COMPANY. 

(a)  ^ Baltimore  and  Hall’s  Springs  Railway  Company, 
{hY  Central  Railway  Company f 
(c)^  Baltimore,  Gardensville  and  Bel  Air  Electric 
Railway  Company. 

{dy  Baltimore  and  Harford  Turnpike  Company.^ 
(e)^  Baltimore  and  Jerusalem  Turnpike  Company. 
(/)  ^ City  Park  Railway  Company. 

(B)*  BALTIMORE  AND  NORTHERN  ELECTRIC  RAILWAY 
COMPANY. 

(a)  Baltimore  and  Northern  Electric  Railway  Com- 
pany. 

(1)  Baltimore  and  Northern  Electric  Railway  Company. 

(aa)ii  Electric  Eight  and  Railway  Company. 


*Incorporated  under  Act  1862,  ch.  71. 

^Incorporated  under  Act  1867,  ch.  196.  Assigned  its  corporate 
properties  to  Balto.  City  Pass’r  Ry.  Co.,  under  Act  1886,  ch.  168. 

^ ^ 5 Capital  stock  owned  by  B.  C.  P.  Ry.  Co.  See,  certificate 

of  consolidation  forming  United  Railway  and  Electric  Company  filed 
at  Annapolis,  March  2,  1899. 

^See,  Act  Incorporation,  1862,  ch.  258;  for  assignment  of  its  fran- 
chises to  Balto.  City  Pass’r  Ry.  Co.,  see,  Act  1880,  ch.  288. 

'^See,  Certificate  of  Incorporation  filed  at  Annapolis,  May  5,  1881. 

Act  1894,  ch.  239. 

^Certificate  of  Incorporation  of  original  Baltimore  and  Northern 
Electric  Railway  Company  filed  at  Annapolis,  Feb.  8,  1889.  For  consol- 
idation of  roads  {C)^^ supra,  and  (b)2  next  page,  see,  certificate  filed  at 
Annapolis  October  23,  1897,  Corporations  Record,  fol.  138. 

^Formed  by  a consolidation  of  Balto.  and  Northern  Elec.  Ry.  Co. 
and  Falls  Road  Electric  Ry.  Co.  by  certificate  filed  at  Annapolis,  Oct. 
18,  1897;  folio  132;  5^^^,  Act  1898,  ch.  368. 

^incorporated  under  Act  1892,  ch.  477.  Corporate  name  changed 
to  (1)9,  Act  1896,  ch.  337. 


1282 


APPENDIX  D. 


(2^1  Falls  Road  Electric  Railway  Company. 

(aa)  Maryland  Traction  Company. 

{by  Pikesville,  Reisterstown  and  Emory  Grove  Rail- 
road Company. 

(1)  Baltimore  and  Pikesville  Railroad  Company. 

(2)  Pikesville  and  Reisterstown  Turnpike  Company. 

(3)  Baltimore  and  Reisterstown  Turnpike  Road. 


B 

BALTIMORE  CONSOLIDATED  RAI LWAY  COM PANY.* 

(A)3  BALTIMORE  TRACTION  COMPANY. 

By  ownership  of  majority  of  capital  stock,  this 
company  controlled: 

(1) ^  Baltimore  and  Curtis  Bay  Railway  Company. 

(2) ®  Shore  Line  Electric  Railway  Company. 

(3) ^  Pimlico  and  Pikesville  Railroad  Company. 

(4) ^^  Walbrook,  Gwynn  Oak  and  Powhatan  Railroad. 

(5) ®  North  Baltimore  Passenger  Railway  Company. 

(aa)^  Baltimore,  Peabody  Heights  and  Waverly 
Railroad  Co. 


^See  certificate  filed  at  Annapolis,  February  14,  1896,  fol.  121,  Cor- 
poration Records.  Incorporated  under  name  of  Maryland  Traction 
Company.  See,  Act  1896,  ch.  360. 

2This  company  is  a union  of  (1),  (2)  and  (3),  grouped  under  its 
corporate  name  as  its  constituents.  See,  Act  1870,  ch.  249, 

^For  Act  of  Incorporation,  see,  Act  1888,  ch.  431. 

^For  Act  of  Incorporation,  see,  Act  1890,  ch.  505;  Act  1892,  ch.  574. 

®For  Certificate  of  Incorporation,  see.  Records  of  Sec’y  of  State, 
Annapolis.  Filed  Jan’y  23,  1896. 

^Certificate  of  Incorporation  filed  January  1882,  at  Annapolis. 

^Certificate  of  Incorporation  filed  September  20,  1897,  at  Annapolis. 

^See,  Second  Branch  Journal,  January  25,  1904,  p.  640. 

®City  Code,  (1893)  Art.  41,  Sec.  36. 

*See,  Certificate  of  Consolidation  filed  at  Annapolis,  June  17, 1897. 


U.  RYS.  AND  EDEC.  CO. — CONSTITUENT  CORPORATIONS. 


1283 


(ay  People's  Railway  Company. 

( 1 ) People’s  Passenger  Railway  Company. 

(6)  ^ Citizens  Railway  Company. 

(B)=’  CITY  AND  SUBURBAN  RAI LWAY  COM PANY. 

(aY  Baltimore  Union  Passenger  Railway  Company. 

(hY  Baltimore  and  Hampden  Passenger  Railway 
Company. 

(Leased  by  Union  Passenger  Railway  Company) . 

(cY  Highlandtown  and  Point  Breeze  Railway  Com- 
pany. 

( 1 ) ^ Monumental  City  Railway  Company. 

(2) ®  Monumental  Passenger  Railway  Company  of  Bal- 

timore County. 

(dy  Baltimore,  Catonsville  and  Ellicotf  s Mills  Pas- 
senger Railway  Company. 

(This  road  sold  under  foreclosure  Feb.  21,  1888,  and 
bought  by  company  of  same  corporate  title). 


^See,  Certificate  of  Incorporation  filed  at  Annapolis,  May  30,  1883. 

See  qXso,  Acts  Assembly,  Act  1878,  ch.  230;  1884,  ch.  151;  1888,  ch.  148. 

‘^See,  Act  of  Incorporation,  Act  1870,  ch.  438;  also  Act  1878,  ch.  118 
and  Act  1882,  ch.  111. 

^See,  Certificate  of  Consolidation,  filed  at  Annapolis,  June  7,  1892. 
Incorporations,  folios  105-111. 

‘‘Certificate  of  Incorporation  filed  at  Annapolis,  November  7,  1881. 
See,  Acts  1882,  ch.  47;  1892,  ch.  266.  See,  also  Ordinance  47,  April  8, 
1892. 

^Act  of  Incorporation,  Act  1865,  ch.  32;  see,  also  Acts  1890,  ch.  510. 
1868,  ch.  121.  See  also,  ordinance  47,  April  8,  1892. 

^See,  Certificate  of  Incorporation  filed  at  Annapolis.  See  also.  Acts 
1876,  ch.  242;  1884,  ch.  184.  Last  mentioned  Act  authorized  this  road 
to  operate  the  Monumental  Passenger  Railway  Company. 

^Ceitificate  of  Incorporation  filed  November  13,  1882.  See  note  6, 
supra. 

^Certificate  of  Incorporation  filed  at  Annapolis,  April  2,  1880. 
^Certificate  filed  at  Annapolis,  February  2,  1893;  predecessor  cor- 
poration of  same  name  was  a party  to  foreclosure  proceedings  in  Circuit 
Court  of  Baltimore  city;  sale  under  foreclosure  made  February  21,  1880. 
See,  Act  of  Incorporation,  Act  1860,  ch.  34;  also  Acts  1865,  ch.63;  1874, 
ch.  113;  1880,  ch.  137;  1894,  ch.  162. 


1284 


APPENDIX  D. 


(e)  ^ Baltimore  and  Yorktown  Railway  Company. 

{Franchises  of  this  company  sold  to  Baltimore  Union 
Passenger  Ry  Co.) 

(C)"  LAKE  ROLAND  ELEVATED  RAI LWAY  COM  PAN  Y. 

(Adsorbed  by  City  and  Suburban  Railway  Company) . 

(a)  ^ Baltimore,  Hampden  and  Lake  Roland  Electric 

Railway  Company.  _(As  far  out  as  Hampden) . 

(b) *  North  Avenue  Railway  Company. 

{c)  ^ Lake  Roland  Extension  Railway  Company. 

(Ran  from  Walbrook  to  Electric  Park). 

C 

CENTRAL  RAILWAY  COMPANY  OF  BALTIMORE 
CITY/ 

D 

BALTIMORE,  GARDENSVILLE  AND  BEL  AIR  ELEC- 
TRIC RAILWAY  COMPANY." 

(A)  BALTIMORE  AND  LORELEY  RAI LROAD  COM PANY.' 


^See,  Mayor,  etc.  v.  B.  and  Y.  Turnpike  Co.,  80  Md.  535;  see,h.Qk 
1872,  ch.  337;  also.  Acts  1860,  ch.  259;  1868,  ch.  308;  1874,  ch.  372; 
1888,  ch.  145;  1890,  ch.  225. 

'^See,  Certificate  of  Consolidation  creating  Baltimore  Consolidated 
Railway  Company  recorded  at  Annapolis,  June  17,  1897,  Record  of  In- 
corporations, p.  124,  etc.  See,  Acts,  1890,  ch.  217;  1892,  ch.  112. 

"^See,  Certificate  cited  in  note  2.  See,  Acts,  1872,  ch.  284;  1892,  ch. 
232.  See,  testimony  of  Mr.  House  cited,  ante,  note  p.  1279. 

‘^See,  Certificate  filed  at  Annapolis,  May  6,  1889;  see.  Acts  cited 
note  2,  supra. 

^Certificate  filed  at  Annapolis,  September  5,  1896. 

^See,  Certificate  of  Consolidation  creating  the  United  Railway  and 
Electric  Company  filed  March,  1899,  at  Annapolis;  see.  Act  1892,  ch. 
467 ; certificate  of  incorporation  filed  at  Annapolis,  dated  May  5,  1881. 
Incorporated  under  Act  1876,  ch.  242. 

"^See,  Act  1896,  ch.  248;  Act  1894,  ch.  286.  See,  note  (2,  3,  4 and  5), 
ante,  p.  1281. 

^See,  Act  of  Incorporation  of  this  road.  Act  1894,  ch.  286  and  Act 
changing  its  name  to  B.,  G.  & B.  A.  El.  Ry.  Co.  (“D”)- 


U.  RYS.  AND  ELEC.  CO. — CONSTITUENT  CORPORATIONS. 


1285 


E 

BALTIMORE,  . CATONSVILLE  AND  ELLICOTT’S 
MILLS  PASSENGER  RAILWAY  CO.^ 

F 

MARYLAND  TRACTION  COMPANY.^ 

(A)=  COLUMBIA  AND  MARYLAND  RAILWAY  COMPANY. 

{aY  Columbia  and  Maryland  Railway. 

(by  Washington  and  Maryland  Railway  Company. 

{cY  Edmondson  Avenue,  Cato7isville  and  Ellicott  City 
Pass.  Ry.  Co. 

This  road  and  the  Maryland  Traction  Company  acquired 


^Operated  by  City  and  Suburban  Railway  Company  prior  to  consolida- 
tion of  U.  Rys.  and  Elec.  Co.;  See,  Acts  1860,  ch.  34;  1865,  ch.  — ; 1884, 
ch.  162.  See,  note  7,  relating  to  this  road,  ante,  page  1284. 

'^See,  Certificate  of  Incorporation  filed  at  Annapolis,  April  21,  1898;  this 
corporation  took  over  the  property  and  franchises  of  the  Columbia  and 
Maryland  Railway,  assigned  to  it  by  the  Baltimore  Security  and  Trading 
Company  under  a sale  held  by  virtue  of  the  powers  conferred  by  two 
certain  mortgages  or  deeds  of  trust  executed  by  said  C.  and  M.  Ry.  Co., 
under  a decree  of  the  Circuit  Court  of  Baltimore  city,  dated  February  1, 
1896. 

‘^See,  Acts  1896,  chs.  338,  622.  See,  note  7 below.  See,  Agreement  of 
Consolidation  merging  corporations  a,  b,  c,  d mentioned'  supra,  dated 
June  1,  1897,  Record  of  Incorporations,  folio  120,  etc.,  in  office  of  Sec- 
retary of  State  at  Annapolis. 

‘‘Incorporated  under  Art.  23,  Code,  P.  G.  L.,  as  amended  by  Act  1892, 
ch.  383;  see.  Act  1894,  ch.  274,  and  ch.  367. 

Acts  1894,  chs.  375,  493;  1898,  ch.  234. 

®Act  of  Incorporation, — Act  1892,  chs.  335,  641.  This  company  and 
the  Maryland  Traction  Company  acquired  franchises  and  trackage 
rights  from  the  Baltimore  and  Powhatan  Railroad  Company  and  the 
Baltimore,  Calverton  and  Powhatan  Railway  Company;  see,  exhibit  of 
private  grants  to  United  Railways  and  Electric  Company  and  its  con- 
stituent companies,  printed  in  Second  Branch  Journal  of  City  Council 
for  January  25,  1904,  p.  640. 


1286 


APPENDIX  D. 


rights  from  the- 

(1) ^  Baltimore  and  Powhatan  Railway  Company. 

(2) ^  Baltimore,  Calverton  and  Powhatan  Railway 

Company.  . 

(aa)®  Hookstown  and  Pimlico  Branch  of  Balto. 

Calv.  and  Pow.  R.  R.  Co. 

(bb)^  Randallstown  Branch  of  last  named  road. 

(3) ®  Franklin  and  Powhatan  Passenger  Ry.  Co. 

{dY  Baltimore  and  Washington  Turnpike  Com- 
pany, 


G 

*BALTIMORE  AND  CURTIS  BAY  RAILROAD  COM- 
PANY.' 

{Stock  of  this  company  owned  by  Baltimore  Traction  Company') , 

(A)  BALTIMORE,  SOUTH  BALTIMORE  AND  CURTIS  BAY 
RAILROAD  COMPANY. 


H 

GWYNN’S  FALLS  RAILWAY  COMPANY  OF  BALTI- 
MORE CITY." 

(A)"  WALBROOK  AND  GWYNN’S  FALLS  RAILWAY  COM- 
PANY OF  BALTIMORE  CITY. 


^See,  Act  1865,  ch.  167;  1882,  ch.  132;  1888,  ch.  237. 

25^^,  Act  1872,  ch.  285. 

"^See^  Certificate  of  Incorporation  filed  at  Annapolis,  January,  1882. 

^See,  Certificate  of  Incorporation  filed  at  Annapolis,  March,  1872. 

-See^  Act  1865,  ch.  167;  also,  Act  1864,  ch.  288. 

^See^  Acts  1892,  chs.  700,  937. 

Acts  1890,  ch.  505;  1892,  ch.  360. 

^See,  deed  from  this  company  of  its  corporate  franchises  to  United 
Railways  and  Electric  Company,  Rand  Records,  Baltimore  city,  Uiber 
R.  O.  1776,  fol.  307,  March  4,  1899. 

^See^  certificate  filed  at  Annapolis  September  20,  1897,  incorporating 
this  road. 

*See,  Certificate  of  Consolidation  creating  Baltimore  Consolidated  Rail- 
way Co.  filed  at  Annapolis,  June  17,  1897. 


U.  RYS.  AND  EDEC.  CO. — CONSTITUENT  CORPORATIONS. 


1287 


(B)^  GWYNN'S  FALLS  RAILWAY  COMPANY  OF  BALTI- 
MORE COUNTY. 


I 

’SHORE  LINE  ELECTRIC  RAILWAY  COMPANY/ 

instock  owned  by  Baltimore  Traction  Company'). 

J 

’PIMLICO  AND  PIKESVILLE  RAILROAD  COMPANY. 

( Capital  stock  owned  by  Baltimore  Traction  Company) . 

(A) "  PIMLICO  AND  PIKESVILLE  RAILROAD  COMPANY. 

(B) "  BALTIMORE,  PIMLICO  AND  PIKESVILLE  RAILROAD 

CO. 


K 

*WALBROOK,  GWYNN  OAK  AND  POWHATAN  RAIL- 
ROAD CO.^ 

{^Capital  stock  owned  by  Balthnore  Traction  Company) . 

(A)®  GARRISON  AVENUE  RAI  LWAY  COM PANY. 


"^See^  certificate  filed  among  Records  of  Baltimore  county,  Corporations 
No.  3,  fol.  348,  April  26,  1895,  incorporating  this  road;  see,  Act  1896, 
ch.  191. 

^Certificate  of  Incorporation,  filed,  Annapolis,  January  23,  1896;  No 
Acts. 

^See,  Certificate  of  incorporation,  filed,  Annapolis,  January,  1882. 

‘‘See,  certificates  filed  at  Annapolis,  May  25,  1872;  June  13,  1872  and 
July  8,  1874. 

^See,  Certificate  of  Incorporation  filed  at  Annapolis,  Oct.  16,  1893, 
Corporations,  fol.  31,  etc.  See,  also,  deed  from  this  corporation  to 
United  Railways  and  Electric  Company,  Land  Records  of  Baltimore 
City,  Liber  R.  O.  No.  1776,  fol.  308,  etc. 

^See,  Certificate  of  Incorporation  filed,  Annapolis,  November 22,  1897. 

*Note. — See,  Certificate  of  Consolidation  forming  Baltimore  Consoli- 
dated Railway  Company  filed  at  Annapolis,  June  17,  1897,  Corpora- 
tions, Record,  folio  124,  etc. 


1288 


APPENDIX  D. 


L 

CONSTITUENT  COMPANIES  ACQUIRED  BY  PUR- 
CHASE OF  STOCK  OR  BONDS.** 


(A)^  BALTIMORE,  MIDDLE  RIVER  AND  SPARROWS 
POINT  RAILROAD  CO. 

(ay  Baltimore,  Middle  River  and  Spar.  Pt.  R.  R.  Co. 

(by  Dundalk,  Sparrows  Point  and  North  Point  Ry- 
Co. 


{BY 


PRESIDENT,  MANAGERS  AND  COMPANY  OF  THE 
BALTIMORE  AND  YORKTOWN  TURNPIKE  COM- 


PANY. 

(C) ^  CHARLES  STREET  AVENUE  COMPANY. 

(D) ^  BALTIMORE  AND  HARFORD  TURNPIKE  COMPANY. 

(E) ^  BALTIMORE  AND  JERUSALEM  TURNPI  KE  COMPANY. 


**NoTE.— The  following  incorporated  Street  Railway  Companies 
apparently  never  had  any  active  corporate  existence,  viz:  Park  Tram- 

way Company;  Patterson  and  Druid  Hill  Parks  Railway  Company; 
Metropolitan  Railroad  Company  of  Baltimore  City;  Metropolitan  Passen- 
ger Railway  Company  of  Baltimore  City;  Baltimore  and  Herring  Run 
Railway  Company;  East  Baltimore  and  Clifton  Park  Railway  Company; 
Union  Railway  Company  and  the  East  Baltimore  Passenger  Rai  way 
Company. 

^See  Certificate  of  Incorporation,  filed  at  Annapolis,  July  6, 1893.  See, 
Land  Records  of  Baltimore  city.  Liber  R.  O.,  No.  1776,  fol.  497,  etc. 

2por  Certificate  of  Consolidation  of  Roads  {a)  and  (d)  see.  Records  in 
office  of  Secretary  of  State,  Annapolis,  Corporations,  Liber  fol.  214,  Jan- 
uary 21,  1903.  Act  1898,  ch.  281.  u lonn 

3Certificate  of  Incorporation  filed  at  Annapolis,  December  31, 1900,  fol. 


4Maiority  of  capital  stock  of  these  companies  is  owned  by  the  United 
Railways  and  Electric  Company;  First  Consolidated  Mortgage  o 

said  company.  Land  Records  of  Baltimore  city.  Liber  R.  O.  No.  1776, 
folio  497,  etc. 


INDEX. 


INDEX 


References  to  the  Charter  and  Miscellaneous  Local  Laws  are  denoted 
by  the  word  '‘'’Acts;'’'  to  Ordinances  by  '‘'‘Ordsd' 


Page 

ABANDONED  OR  UN- 
CLAIMED MONEY  OR 
PROPERTY, 

See  ‘ '‘Special  Fund.  ’ ’ 

ABANDONED  WELLS. 

covering  of. 

Ords.,  Art.  40,  Sec.  38.. ..1189 

ABATEMENT  OF  ASSESS- 
MENTS, 

by  appeal  to  Baltimore  City 
Court,  case  cited,  foot-note  187 

ABATEMENT  OF  NUI- 
SANCES, 

See  ‘ '‘Nuisances.  ’ ’ 
cost  of. 

Ords.,  Art.  14,  Sec.  84 822 

duty  of  Commissioner  o f 
Health. 

Ords.,  Art.  14,  Sec.  84 822 

ABATEMENTS  OF  TAXES, 

See Appeal  Tax  Court'''  and 
"Taxes.'''' 


hearings  of  applications  for. 

Ords.,  Art.  38,  Sec.  14 1161 

manufactures,  to  encourage. 

Acts,  Sec.  6 85 

record  to  be  kept  of. 

Acts,  Sec.  6 85 

report  of,  to  City  Council. 

Acts,  Sec.  6 85 

ABATEMENTS  OF  WATER 
CHARGES, 

notice  of  vacancy  to  be  given. 
Ords.,  Art.  40.  Sec.  8 1180 


when  to  be  allowed. 

Ords.,  Art.  40,  Sec.  8 1180 

1291 


Page 

ABATEMENTS  OF  WATER 
RATES, 

Water  Board:  powers  of,  re- 
lating to  water  rates. 

Acts,  Sec.  87A 147 

ABSENCE  FROM  DUTY, 

See  '‘'‘Police  Commissioners.'" 

City  Engineer  in  case  of  ab- 
sence may  delegate  his 
powers  to  a subordinate. 
Acts,  Sec.  86A 145 

ABSENCE  OF  MEMBERS  OF 
CITY  COUNCIL, 

See  '‘'‘City  Council.'''' 

ABSENT  OWNERS,  ETC., 

See  ‘ '‘Streets,  Bridges  and 
Highways'"'  and  "‘Opening, 
etc..  Streets." 

ABSTRACTS  OF  TITLE, 

clerk  to  City  Solicitor  to  pre- 


serve and  file. 

Acts,  Sec. 65 136 

relating  toB.  D.  Commission. 

App.  A,  Sec.  1 1236 


ACADEMIES, 

water  rents  for. 

Ords.,  Art.  41,  Sec.  63 1220 

ACCEPTANCE  OF  DEDICA- 
TION, 

See  ‘ '‘Dedicated  Streets, ' ' 

foot  note 74 

ACCOUNTING  FOR  CITY 
PROPERTY, 

annually  to  City  Librarian  by 
persons  responsible. 

Ords.. Art.  21.  Sec.  3..905-906 


ACCOUNT  OF. 


1292  ADVERSE  POSSESSION. 


Page 

ACCOUNT  OF  PERSONAL 
PROPERTY, 

See  ‘ "Personal  Property.  ’ ’ 

Acts,  Sec.  158 179 

failure  of  owner  to  render; 
penalty. 

Acts,  Sec.  159 179 

ACCOUNTS, 
jail,  books  of. 

Acts,  Sec.  125, 164 

treasurer  of  Police  Commis- 
sioners. 

Acts,  Sec.  752 464 

Water  Board  to  keep. 

Ords.,  Art.  40,  Sec.  2 1177 

water  rents  and  charges. 

Ords.,  Art.  40,  Sec.  4 1178 

ACCOUNTS  AND  ANNUAL 
REPORT, 

Trustees  of  McDonogh  Fund. 

Ords.,  Art.  22,  Sec.  7 911 

ACCOUNTS  OF  CITY, 

See  ""City  Register'"  and 
" " Comptroller.  ’ ’ 

method  of  disbursement  of 
city  monies. 

Ords.,  Art.  6,  Sec.  29 708 

system  of  accounts  to  be  adopt- 
ed. 

Ords.,  Art.  6,  Sec.  29 708 

ACCOUNTS  OF  CITY  OFFI- 
CIALS, 

See  ""Comptroller.'" 

Comptroller  may  examine 
and  report  thereon. 

Ords., Art.  6,  Secs.  2,  3....  699 

ACCOUNTS  WITH  CITY  OF- 
FICIALS, 

See  ""Comptroller.'" 

Comptroller  to  open. 

Ords.,  Art.  6,  Sec.  4 699 

ACQUITTALS, 

costs  in  cases  of. 

Acts,  Sec.  340  278 

costs,  recovery  of  in  cases  of 
acquittal. 

Acts,  Sec.  341  278 


Page 

ACTIONS  AND  SUITS, 

Code  not  to  affect  suits  pend- 
ing at  time  of  adoption. 

Sec.  1 1229 

ACTS, 

1888,  ch.  98,  Sec.  3 42 

ADDITIONS  AND  EXTEN- 
SIONS, 

See  ""Burnt  District  Com- 
mission. ’ ’ 

to  public  wharves  and  docks 

rSec.  2 1236-1237 

AodA  ^237 

I Sec.  8 1242 

ADJOINING  LOTS, 

nuisances  on;  procedure;  pen- 
alty. 

Ords.,  Art.  14,  Sec.  86..  823 

ADJOURNMENT  OF  CITY 
COUNCIL  BRANCHES, 

See  ""City  Council.''' 

ADJUSTMENT  OF 
WEIGHTS  AND  MEASURES, 

duties  of  keepers. 

Ords.,  Art.  17,  Sec.  20 882 

ADMISSIONS  UNDER  PRAC- 
TICE ACT, 

See  '"Courts — Law  Courts  of 
Baltimore  City''  ’ sub-title 
""Speedy  Judgme^it  Act." 


Acts,  Sec.  312.. 


266 


ADULTS, 

vaccination  of. 

Ords.,  Art.  14.  Sec.  24..  804 

ADVANCES  BY  P A W N - 
BROKERS, 

pledges  to  secure. 

Ords.,  Art.  41,  Secs.  31- 
34 1207-1209 

ADVERSE  POSSESSION, 

doctrine  in  relation  to  high- 
ways, foot-note 


278 


75 


ADVKRTISEMBNTS . 


advertisements  . 


1293 


Page 

ADVERTISEMENTS— (Cont’d) . 


Page 

ADVERTISEMENTS, 

See  ‘ ‘‘Notice' ' ‘ ‘ Ordinances  and 
Resolutions . ’ ’ 

application  for  building  per- 
mits. 

Ords.,  Art.  38,  Sec.  22....1163 

application  of  owners  for  grad- 
ing, paving,  etc. 

Ords.,  Art.  35,  Sec.  63....1113 

assessments  for  paving,  etc. 


V7rui:>.,  OU,  70, 

94,95 1127-1128 

certificates  of,  record  to  be 
kept. 

App.  A,  Sec.  1 1236 


clerk  to  Commissioners  for 
Opening  Streets  to  preserve 
copies  of  notices  and  cer- 
tificates of  publication. 

Acts,  Sec.  173 190 

deposit  of  proceedings  for 
grading,  paving,  etc . , streets. 

Ords.,  Art.  35,  Sec.  68 1116 

deposit  of  proceedings  in 
street  openings. 

Acts,  Sec.  177 195 

franchises,  applications  for. 

Acts,  Sec.  10 97 

German  paper  to  publish  city 
advertisements:  selection  of 
such  paper. 

Ords.,  Art.  1,  Sec.  43 585 

grants  and  franchises,  pub- 
lication by  Comptroller. 

Acts,  Sec.  10 97 

ordinances  relating  to  open- 
ing, etc.,  streets. 

Acts,  Sec.  828 522-523 

Sec.  829 523 

Sec.  831 524 

pawnbrokers,  list  of  licensed 
pawnbrokers. 

Ords.,  Art.  41,  Sec.  35....1209 

payment  of  newspaper  adver- 
tising. 

Ords.,  Art.  1,  Sec.  28....  579 

proposals  for  grading,  paving, 
etc.,  on  application  of  own- 
ers. 

Ords.,  Art.  35,  Sec.  56  . .1110 


proposals  from  contractors. 

Acts,  Sec.  14 98 

sale  of  property  assessed  for 
benefits  in  street  opening, 
closing,  etc. 

Acts,  Sec.  182 199 


sales  of  property  by  Comp- 
troller. 

Ords.,  Art.  38,  Sec.  37 1170 

tax  sales,  sale  of  property  to 


be  advertised. 

Acts,  Sec.  43 123 

Notice, 

application  for  ordinances  to 
construct  sewer,  etc. 

Acts,  Sec.  821 506 


assessments  for  grading,  etc. ; 
notice  of  review. 

Ords.,  Art.  35,  Sec.  67....1115 

before  acting  under  ordinance 
to  construct  sewer,  etc. 

Acts,  Sec.  822 506 

footways,  notice  relating  to 
filling  up. 

Ords.,  Art.  35,  Sec.  21 1098 

licenses  for  vehicles,  boats 
and  scows;  notice  as  to  num- 
bers, etc. 

Ords.,  Art.  41,  Sec.  84....1227 

meetings  of  Burnt  District 
Commission. 

App.  A,  Sec.  8 1242 

owner  to  repair  footways. 

Ords.  ,Art.35,Sec.20..1097-1098 

owners  to  select  paving. 

Ords..Art.35,Sec.78..1120-1121 

resale  by  City  Collector  for 
Burnt  District  Assessments. 


App.  A,  Sec.  15 1251 

sale  for  assessments  by  Burnt 
District  Commission. 

App.  A,  Sec.  14 1251 


sale  of  market  stalls. 

Ords.,  Art.  23,  Sec.  20....  925 

nuisances  in  private  streets, 
notices  to  owners. 

Ords.,  Art.  35,  Secs.  86,. .1123 
88 1124 


ADVERTISEMENTS . 


AEMSHOUSE  . 


1294 

ALIENATIONS  OF  PROP-^^^^ 
ERTY, 


Page 

ADVERTISEMENTS  -(Cont’d) . 


payment  of  taxes,  notice  to 
taxpayers. 

Acts,  Sec.  51 128 

sales  of  chattels  for  taxes, 
notice  to  be  published. 

Acts,  Sec.  49 127 

tax  sales,  notice  of,  to  be  pub- 
lished. 

Acts,  Sec.  42 122 


ADVERTISING  SIGNS  AND 
FENCES, 

See  ‘ ''  Buildmgs;  ’ ’ ‘ 'Fences  ’ ’ 

626-627 

AFFIDAVIT  UNDER  PRAC- 
TICE ACT, 

See  " Courts F 

• Acts,  Sec.  313 267-268 

AFFILIATION  OF  VOTERS, 

when  required  to  be  stated, 
effect  of. 

App.  C,  Secs.  1,2....1273-1275 
1276 

AGENTS  OF  WATER 
BOARD, 

penalty  for  refusing  entry  to. 

Ords.,  Art.  40,  Sec. '12....1181 

AGREEMENTS, 

landlord  .and  tenant’s  agree- 
ment as  to  notice  to  quit. 

Acts,  Sec.  851 550 

AISLES  OF  BUILDINGS, 

See  "‘Buildings;'’''  "Inspector 
of  Buildings . ’ ’ 

amusement  halls,  etc., aisles  to 
be  kept  clear,  and  exits 
opened  after  each  perform- 
ance. 

Ords.,  Art.  25,  Sec.  35 970 

AISLES  OR  PASSAGE- 
WAYS, 

obstruction  of,  in  buildings  of 
public  assemblage. 

Acts,  Sec.  280 251-252 

See  "Fire  Department," 

ALARMS  OF  FIRE, 

police  to  turn  in. 

Ords..,  Art.  11.,  Sec.  47....  752 


See  ‘ 'Assessment  of  Property'’  ’ 
and  "Appeal  Tax  Court." ..  183 

clerks  of  courts  to  furnish 


lists  of  to  Appeal  Tax  Court. 
Acts,  Sec.  165 182 

inquiry  of  Appeal  Tax  Court, 
respecting. 

Acts,  Sec.  156 178 

reduction  of  assessments,  on 
account  of. 

Acts,  Sec.  156 178 

ALIENEE  OF  PROPERTY, 

to  be  assessed. 

Acts,  Sec.  166 183 

ALL  NIGHT  CARS, 


hours  during  which  same  are 
to  be  run. 

Ords.,  Art.  30,  Sec.  22.. 1022 
1023 

street  railway  lines  on  which 
cars  are  to  be  run. 

Ords.,  Art.  30,  Sec.  22..1022 
1023 


ALLEGATIONS  IN  SALES 
UNDER  DECREES, 

Acts,  Sec.  724  436 

ALMSHOUSE, 

admission  of  indigent  dis- 
tressed persons. 

Acts,  Sec.  108 160 

by-laws  and  rules.  Supervi- 
sors to  make. 

Acts,  Sec.  Ill 160 

disorderly  inmates. 

Acts,  Sec.  112 160 

erection  and  regulation  of. 

Acts,  Sec.  6 54 

poor,  care  of,  outside  alms- 
house. 

Acts,  Sec.  106 158 

purveyor  of  provi.sions  to, 
bond  of. 

Acts,  Sec.  116 162 


transfer  of  prisoners  from  city 
jail. 

Acts,  Sec.  143. 


169 


AI.MSHOUSE. 


ANIMAL  OFFAL. 


Page 


1295 


Page 


ALMSHOUSE— (Cont’d) . 
superintendent  of — accounts, 
annual  report. 

Acts,  Sec.  114 161 

— appointment,  salary. 

Acts,  Sec.  113 161 

— bond  of. 

Acts,  Sec.  113 161 

— disorderly  inmates,  re- 
port to  Supervisors  of 
City  Charities. 

Acts,  Sec.  112 161 

— list  of  persons  com- 
mitted to  almshouse. 

Acts,  Sec.  114 161 


ALTERATIONS  AND  RE- 
PAIRS TO  BUILDINGS, 

See  '‘'‘Buildings.'''' 

Ords., Art. 3, Sec. 11-12,  603-604 

AMBASSADORS,  MINIS- 
TERS, CONSULS, 

exemption  from  immigrant 
regulations. 

Acts,  Sec.  531 336 

AMBULANCES, 

See  "Hospitals.''' 

Ords.,  Art.  16,  Secs.  14-16  873 

AMERICAN  FLAG  ON  PUB- 
LIC BUILDINGS, 

raising  on  holidays  and  Me- 
morial Day. 

Ords.,  Art.  28,  Sec.  6....1C06 

AMERICAN  FLAG  ON 
SCHOOLS, 

authority  to  purchase  flag  for 
each  school;  when  to  be 
raised. 

Ords.,  Art.  32,  Sec.  7 1045 

AMUSEMENT  HALLS,  ETC., 

aisles  to  be  kept  clear  and 
exits  opened  for  each  audi- 
ence. 

Ords.,  Art.  25,  Sec.  35....  970 

AMUSEMENTS, 

balls,  licenses  for. 

Ords.,  Art.  41,  Sec.  11 199 

balls,  rates  of  charge  for  li- 
censes for. 

Ords.,  Art.  41,  Sec.  12....1199 


AMUSEMENTS— (Cont’d) . 
billiard  and  bagatelle  tables ; 
licenses  for. 

Ords.,  Art.  41,  Sec.  3 1196 

bowling  alleys— license  for. 

Ords.,  Art.  41,  Sec.  4 1197 

— property  owners  to 

assent  to  opening  of. 
Ords.,  Art.  41,  Sec.  5 1197 

flying  horses,  whirligigs,  etc., 
license  for. 

Ords.,  Art.  41,  Sec.  10. ...1199 

license  and  regulation  of. 

Acts,  Sec.  6 86 

musical  parties,  license  for. 

Ords.,  Art.  41,  Sec.  13 1200 

shuffle  boards,  license  for. 

Ords.,  Art.  41,  Sec.  6 1197 

theatres,  etc.,  annual  license 
fee. 

Ords.,  Art.  41,  Sec.  9 1198 

theatres,  license  for. 

Ords.,  Art.  41,  Sec.  8 1198 

theatrical  performances,  li- 
cense for. 

Ords.,  Art.  41,  Sec.  7. ...1197 

ANALYSIS  OF  SPRING 
WATER, 

Commissioner  of  Health  to 
have  analysis  made;  record; 
notice  to  Water  Engineer. 
Ords., Art. 14,Sec.l27..834,  835 

ANALYSTS, 

See'  '‘Inspectors  and  A nalysts.  ’ ’ 

ANALYSTS  AND  CHEMISTS, 

See  "Health'''  under  "Food 
and  Food  Products.  ’ ’ 

Ords.,  Art.  14,  Sec. 61  814-815 

ANATOMY, 

See  "Dead  Bodies.'''' 

ANATOMY,  MUSEUMS  OF, 

display  or  exposure  of  any 
part  of,  on  streets,  penalty. 
Ords.,  Art.  25,  Sec.  62....977-8 

ANIMAL  OFFAL, 

factories  using,  not  to  be  erect- 
ed; penalty. 

Ords.,  Art.  14,  Sec.  77....  820 


ANIMALS. 


ANNUAL. 


1296 


Page 

ANIMALS, 

removal  of  dead  animals. 

Ords.,  Art.  36,  Sec.  11 1144 

ANNE  ARUNDEL  COUNTY, 

Light  street  bridge  — joint 
maintenance  of. 

Acts,  Sec.  6 83 

ANNEX, 

See  '‘‘‘Grading,  Paving  etc. 
Streets d'  ‘ ' Streets  and  City 
Engineer'  ’ and  ‘ ‘ Topo- 
graphical Survey." 


assessment  of  taxes  in. 
Acts,  Sec.  4 

dedication  of  streets  in. 
Acts,  Sec.  193 


43 

202 


Page 

ANNEXATION  ACT— (Cont’d). 

effect  of  Charter  on. 

Acts,  Sec.  3 42 

terms  of  defined. 

Acts,  Sec.  4A 44 


expenditures  for  improve- 
ments in. 

Acts,  Sec.  4 43 

“Landed  property”  defined. 

Acts,  Sec.  4A 44 

maps  and  plans  of  streets  in; 
preparation  and  effect  of. 
Ords.,  Art.  39,  Secs.  5-7 
1173-1174 

new  station-houses  in;  sites 
to  be  acquired;  erection  of. 

Acts,  Secs.  786-787-788....  487 

numbering  houses  in . 

Ords.,  Art.  39,  Secs. 8-11  1174 

plan  of  streets  in — effect  of 
maps  and  plans  of  Topo- 
graphical Survey. 

Ords.,  Art.  39,  Secs.  5-7.. 
1173-1174 

plans  for  streets  of,  adopted. 

Ords.  Art.  39,  Sec.  5 1173 

undeveloped  property,  tax 
rate  on. 

Acts,  Sec.  4 43,  44 

taxation — county  rate  of  tax- 
ation to  apply  in  until  1900. 
Acts,  Sec.  4 43 

topographical  survey  of. 

Ords.,  Art.  39,  Sec.  1 1171 

ANNEXATION  ACT, 

construction  of  terms  of. 

Acts,  Sec.  4A note  44 


turnpike  and  toll  road  com- 
panies— effect  of  Act  on. 

Acts,  Sec.  5 45 

turnpikes,  effect  of  Act  on. 

Acts,  Sec.  3 note  42 

ANNEX  FOOTWAYS, 

See  '‘‘‘Footways' 'and'' '‘Streets 
and  City  Engineer. ' ' 

construction  and  repair  of. 

Ords.,  Art.  35,  Sec.  29. ...1101 

grading  of. 

Ords.,  Art.  35,  Sec.  30 1101 

notice  to  owners  to  construct 
or  repair. 

Ords.,  Art.  35,  Sec.  29..-1101 

ANNEX  IMPROVEMENT 
ACT, 

condemnation  of  railway  fran- 
chises in  streets  of  Annex. 

Acts,  Sec.  §800b 495 

ANNEX  IMPROVEMENT 
COMMISSION, 

See  "Streets,  Bridges  and 
Highways"  and  "‘Streets 
and  City  Engineer. ' ' 

duties  of,  to  be  performed  by 
Commissioners  for  Opening 
Streets;  note 1117-1118 

ANNUAL  APPROPRIA- 
TIONS, 

See  "Estimates  for  Annual 
Appropriations',  ’ ’ ‘ 'Appro- 
priations'," "Ordinance  of 
Estimates"  and  '‘'Board  oj 
Estimates. ' ' 

New  Sewerage  Commission  to 
estimate  cost  and  expense 
annually  to  Board  of  Esti- 
mates. 

Acts,  Sec.  §824f 515 


ANNUAL  LEVY. 


APPEALS. 


1297 


Page 

ANNUAL  LEVY, 

See  ''Appeal  Tax  Court 
• ‘ Assessment  of  Taxes  ’ ’ 


and  " Taxes. 

Acts,  Sec.  40 

Acts,  Sec.  171 188-189 

basis  of,  to  be  valuation  of 
taxable  property  on  the 
first  day  of  October. 

Acts,  Sec.  171 188 

Comptroller  to  charge  City 
Collector  with. 

Ords.,  Art.  6,  Sec.  3 699 

ANNUAL  LEVY  FOR  PO- 
LICE EXPENSES, 

Acts,  Sec.  747  459 


ANNUAL  REPORTS, 

See  "under  various  titles  oj 
city  officials.  ’ ’ 


Board  of  Fire  Commissioners 
to  make. 

Ords.,  Art.  11,  Sec.  5 737 

City  Engineer’s  report. 

Ords.,  Art.  35,  Sec.  2 1092 

City  Librarian. 

Acts,  Sec.  197 203 

Acts,  Sec.  199 206 

heads  of  departments  to  make 
to  Mayor. 

Acts,  Sec.  24 104 

McDonogh  Fund,  trustees  to 
make  to  Mayor  and  City 
Council. 

Ords.,  Art.  22,  Sec.  7 911 

Mayor’s  report. 

Acts,  Sec.  22 102 

trustees  of  Special  Police 
Fund. 

Acts,  Sec.  776A 475 

Visitors  of  Jail  to  make. 

Acts,  Sec.  134 166 


Water  Board  to  make  to  City 
Council. 

Ords.,  Art.  40,  Sec.  2....1178 

Water  Board  and  Water  En- 
gineer’s report. 

Ords.,  Art.  40,  Sec.  2 1178 


Page 

ANNUAL  REPORTS— (Cont’d). 

Water  Engineer,  report  to 
City  Council. 

Ords.,  Art.  40,  Sec.  2.... 1178 

when  to  be  made. 

Ords.,  Art.  1,  Sec.  36 582 

ANNUITIES, 

investment  of  sinking  fund 
monies  in. 

Ords.,  Art.  34,  Sec.  16.. ..1082 

APARTMENT  HOUSES  AND 
HOTELS, 

fire  gongs  in  (^See  "Fire."^ 

APARTMENTS  OF  CON- 
SUMPTIVES, 

See  "Communicable  Diseas- 
es." 

prevention  of  contagion  in. 

App.  B,  Sec.  3 1266 

APPARATUS  FOR  TESTING 
GAS  METERS, 

See  "Lamps  and  Lighting." 

purchase  of.  by  Superintend- 
ent of  Lamps  and  Light- 
ing. 

Ords.,  Art.  20,  Sec.  6 895 

APPARATUS  OF  FIRE  DE- 
PARTMENT, 

See  "Fire  Department." 

Ords.,  Art.  11,  Sec.  14....  741 

APPEAL  BONDS, 

See  "Bonds." 

executed  by  Mayor  in  cases 
of  litigation  in  which  city 
is  concerned. 

Ords.,  Art.  1,  Sec.  1 571 

APPEALS, 

See  "Appeals  from  Assess- 
ments; ’ ’ ‘ 'Appeal  Tax 

Court;"  "Buildings;" 

‘ ‘ Commissioners  for  Open- 
ing Streets;"  "Condemna- 
tion of  Property;"  " Land- 
lord and  Tenant"  and 
' ' Open  ing , Closing,  etc. , 
Streets.  ’ ’ 


APPEALS. 


1298 
Page 


appeals. 


APPEALS— (Cont’d). 

Arbitration  Committee  of 
Corn  and  Flour  Exchange, 

— from  decisions  of. 

Acts,  Sec.  228 230 


Page 


APPEALS— (Cont’dE 

Behalf  of  City, 

when  and  by  whom  instituted. 

Acts,  Sec.  66 136 


building  permits,  from  re- 
fusal of  Appeal  Tax  Court 


to  issue. 

Acts,  Sec.  §280a 253 

City  Council,  expelling  mem- 
bers. 

Acts,  Sec.  217 215 

City  Solicitor  to  direct  appeals 
to  be  taken. 

Acts,  Sec.  66 136 

condemnation  proceedings — 
for  esplanades,  etc.,  in. 

Acts,  Sec.  6 49 

— relating  to  water. 

Acts,  Sec.  6 90 


dispossession  of  tenants,  in 
proceedings  for. 

Acts,  Secs.  861-863 552-553 


Condemnation  Proceedings, 

City  Court  to  hear  and  deter- 


mine. 

Acts,  Sec.  320 272 

city  to  have  right  of  appeal. 

Acts,  Sec.  320  270 

practice  and  procedure  in  Bal- 
timore City  Court. 

Acts,  Sec.  320 272 

Justices  of  the  Peace, 

costs  in  trial  of. 

Acts,  Sec.  389 294 

trial  of,  in  Baltimore  City 
Court;  costs. 

Acts,  Sec.  319 271 


elevators,  orders  of  Inspector 
of  Buildings. 

Ords.,  Art.  3,  Sec.  73....  626 

Jones’  Falls  condemnation 
proceedings. 

Acts,  Sec.  6 59 

recovery  of  penalties  for  viola- 
tions by  owners  of  hackney 
carriages. 

Acts,  Secs.  288-289 256 

squares,  springs,  monuments. 

Acts,  Sec.  6 70 

steam,  gas,  etc.,  engines  and 
machinery, — orders  of  In- 
spector of  Buildings. 

Ords.,  Art.  3,  Sec.  143 655 

Superintendent  of  Lamps  and 
Lighting,  decisions  in  test- 
ing meters. 

Ords.,  Art.  20,  Sec.  8 896 

Assessments, 

See  Appeal  Tax  CourtT 

Acts,  Sec.  147 171 

Acts,  Sec.  170 184-187 


Opening  etc..  Streets, 

consolidation  of,  {See' ^Com- 
missioners for  Openinp- 
Streets.  ’ ’ ) 

Acts,  Sec.  6 72 

Acts,  Sec.  179 196 

Paving  Commission,  provi- 
sion for. 

Acts,  Sec.  §841q 543 

allegations  necessar}^  in  peti- 
tion. 

Acts,  Sec.  170 184 

appeals  from  decision  of  State 
Tax  Commissioner  by  city. 

Acts,  Sec.  §170a 187-188 

—grounds  of,  to  be.  stated 187 

— decision  of  Comptroller  of 

Treasury  to  be  final ^188 

— when  appeal  shall  be  taken  187 
— Comptroller  of  Treasury 

to  hear  and  determine. 

Acts,  Sec.  §170a 187-188 

Burnt  District  Commission 
assessments. 

App.  A,  Sec.  12 1248 


APPEALS. 


APPEAL  tax  court. 


1299 

Page 


Page 

APPEAL  TAX  COURT— (Cont’d). 


APPEALS— (Cont’d). 


grading,  paving,  etc. 

Acts,  Sec.  6 75 

Art.  35,  Sec.  96 1128 

— tax  for — appeal  from. 

Acts,  Sec.  6 — 77-78 


paving,  etc. 

Ords.,  Art.  35,  Sec.  68.— Ili6 

sewers;  opening  and  con- 
structing same;  jury  trial  of. 

Acts,  Sec.  818 504-505 

APPEAL  TAX  COURT, 

See  '‘'‘Appeals;"  '‘'Appeals  from 
A ssessments; ' ' ‘ 'Assessmefits;  ’ ’ 
'‘'‘Assessments  for  Taxes'"' City 
Collector  ’ and  ' ' Taxes.  ’ ’ 

Art.  38.  Sec.  1-16 1154-1161 

abatement  of  assessments, 
account  of. 

Ords.,  Art.  38,  Sec.  5 1157 

— encouragement  of 

manufactures. 

Acts,  Sec.  6 85 

— hearing  of  applications 

for. 

Ords,,  Art.  38,  Sec.  14. .1161 
— not  to  be  made  on  real 

Ords’.,  Art.  38,  Sec.  11.1160 
— when  taxes  uncollectible. 

Ords.,  Art.  38,  Sec.  4 1156 

abatements  of  taxes,  where 
taxes  have  been  paid. 

Ords.,  Art.  38,  Sec.  5 1157 

advertisement  of  applications 
for  permits. 

Ords.,  Art.  38,  Sec.  21 1163 

alienation  of  property,  chan- 
cery sales,  decrees  and 
judgments— clerks  to  report. 

Acts,  Sec.  165 182 

alienations  of  property. — in- 
quiry and  allowance  for. 

Acts,  Sec.  156 178 

alteration  and  correction  of 
assessments. 

Acts,  Sec.  167 183 

appeals  from  assessments. 

Acts,  Sec.  170 184-187 

— allowance  to  petitioner  if 

assessment  excessive....  186 


— appeal  to  be  by 

petition  184 

— averments  necessary  in 

petition 184 

— appeal  to  Court  of 

Appeals  187 

— hearing  of  appeals 185 

— increase  of  assessment 187 

— judgment  of  City  Court 187 

— when  final 186 

— j ury  trial, or  trial  b}^  court 186 

— no  stay  of  lev}'  by  appeal..  186 
— persons  or  corporation  who 

may  appeal 184 

— petition  by  Mayor  and 

City  Council  of  Balti- 
more  184 

— practice  in  appeals 185 

— record  of  proceedings  of 

Appeal  Tax  Court 185 

— record  of  trial  of  appeals  186 
—refund  of  erroneous  as- 
sessment   186 

— summons  in  trial  of  ap- 
peals  185 

— when  appeals  shall  be  taken  186 

appeals,  hearing  of. 

Acts,  Sec.  147 171 

as  a court  of  review,  note....  171 


assessment  of  personal  prop- 
erty of  owners  moving  to 
city. 


■ Acts,  Sec.  158 179 

assessment  of  property  gen- 
erally.— powers  of  the 

Court. 

Acts,  Sec.  164A 181 

assessment  of  property,  wit- 
. nesses  to  appear  and  testify. 

— penalty  for  failure. 

Acts,  Sec  164A 181 

assessments,  abatement  of, 
when  taxes  uncollectible. 

Ords.,  Art.  38,  Sec.  4 1156 

— cases  cited,  note 118 


— correction  of  errors  and 
deductions  for  losses 
Ords.,  Art.  38,  Sec.  6....1157 
— court  to  correct  account 


and  assessments  of 
property. 

Acts,  Sec.  147 171 


— duty  before  increasing. 
Acts,  Sec.  150 


172 


APPBAI,  TAX  COURT. 


appear  tax  court.  1300 


APPEAL  TAX  COURT— (Con^^dX 

— new  improvements. 

Ords.,  Art.  38,  Sec.  10....1159 
— newly  assessed  property. 

Ords.,  Art.  38,  Sec.  14 

1160-1161 

— procedure  in  fixing. 

Acts,  Sec.  150 172 

— report  by  assessors  of 
new  and  increased  as- 
sessments. 

Ords.,  Art.  38,  Sec.  14 
1160-1161 

assessors,  appointment  of. 


Ords.,  Art.  38,  Sec.  1.. 1154 

— bond,  oath,  duties  of. 

Ords.,  Art.  38,  Sec.  1 1155 

— compensation  of. 

Acts,  Sec.  149 172 

— duties  of. 

Acts,  Sec.  148 171 


— office  for,  to  be  provided. 

Ords.,  Art.  38,  Sec.  15. ...1161 
— salaries  of. 

Ords,,  Art.  38,  Sec.  1 1154 

— special  assessors,  salaries  of. 

Ords.,  Art.  38,  Sec.  1 ; 

1154-1155 

Bailiffs  of  City  Collector,  | 
powers  of.  ' 

Ords.,  Art.  38,  Sec.  16 1161 

bench  composing  head,  ap- 
pointment. 

Acts,  Sec.  146 170 

bond  of  members  of. 

Ords.,  Art.  38,  Sec.  1 1154 

buildings,  permits  for  new 
structures. 

Ords.,  Art.  3,  Sec.  5..600-601 

building  permits  from,  to  be 
exhibited  to  police,  penalty. 


Ords.,  Art.  25,  Sec.  7 963 

cases  cited. 

Acts,  Sec.  150 173 

clerk,  salary,  duties. 

Acts,  Sec.  146 170 


— to  transmit  return  of 

assessments  to  State 
Comptroller;  penal t}'  for 
failure. 

Acts,  Sec.  162 180 

clerks — appointment  of, 
duties  of,  oath  of,  salaries 
of. 

Ords.,  Art.  38,  Sec.  2 1155 


Page 

APPEAL  TAX  COURT-(Cont’d). 

clerks,  assessors  or  employees, 
penalty  for  failure  to  per- 
form duties. 

Acts,  Sec.  164B  182 

Comptroller’s  list  of  property 
condemned. 

Ords.,  Art.  38,  Sec.  34....1168 


compensation  of  court  in 
relation  to  list  of  holders 
city  loans. 

Acts,  Sec.  155 176 

Department  of  Review  and 
Assessment,  president  of. 
Acts,  Sec.  145 170 


description  of  improvements 
to  be  filed. 

Ords.,  Art.  38,  Sec.  20....1162 


correction  and  revision  of 
assessments. 

Acts,  Sec.  148 172 

correction  of  assessments 
when  property  is  alienated. 
Acts,  Sec.  166 183 


drainage  to  be  provided  for, 
before  permits  shall  be 
issued. 

Ords.,  Art.  38,  Sec.  21 1163 

employes  of,  appointment. 

Acts,  Sec.  146 171 

exemption  of  manufacturing 
plants,  from  taxes  on  per- 
sonal property. 

Ords.,Art.38,Sec.7....1157-1159 

further  duties  of,  may  be  pre- 
scribed. 


Acts,  Sec.  171 189 

improvements,  permits  for 
required  from,  penalty. 
Ords.,  Art.  38,  Sec.  18 1162 

Sec.  19 1162 

interrogatories  relative  to  re- 
vision and  corrections  of 
assessments. 

Acts,  Sec.  157 178 

lists  of  holders  of  city  loans 
from  City  Register. 

Acts,  Sec.  151 173 

— to  correct  annually. 

Acts,  Sec.  152 174 

— when  to  be  made. 

Acts,  Sec.  154. 


175 


APPEAL  TAX  COURT. 


1301  APPEAL  TAX  COURT. 


Page 

APPEAL  TAX  COURT— (Cont’d). 

list  of  holders  of  stock,  pen- 
alty for  failure  to  furnish. 

Acts,  Sec.  §155  a 177 

manufacturing  plants,  etc., 
exemptions  from  taxes, 
arrears  of  taxes  first  to  be 
paid. 

Ords.,  Art.  38,  Sec.  8 1159 

— applications  for  exemp- 
tion; to  be  renewed  an- 
nually. 

Ords.,  Art.  38,  Sec.  7 

1158-1159 

— receipted  bill  for  taxes 
due  to  be  produced. 

Ords.,  Art.  38,  Sec.  9.. ..1159 
— taxes  on  personal  prop- 
erty; exemptions. 

Ords.,  Art.  38,  Sec.  7 

1157-1159 

— exemptions — when  not 
allowed. 

Ords.,  Art.  38,  Sec,  7... .1158 
meetings  of. 

Acts,  Sec.  157 171 

monthly  report  of  proceed- 
ings; date  to  be  given  in 
such  report. 

Ords.,  38,  Sec.  13 1160 

new  improvements,  when  to 
be  assessed. 

Ords.,  Art.  38,  10 1159 

newly  discovered  property, 
assessment  of. 

Acts,  Sec.  169 184 

office  hours. 

Ords.,  Art.  38,  Sec.  3....1156 


owners  moving  to  city  to  give 
account  of  personal  pro- 
perty. 

Acts,  Sec.  158 179 

penalty  for  failure  to  appear 
and  answer  interrogatories. 

Acts,  Sec.  157 178 

permits  for  buildings,  not  to 
be  issued  until  payment  of 
taxes.  Acts,  Sec.  §280a 253 

permits  to  erect  buildings, 
penalty. 

Ords.,  Art. 38,Sec  17,..1161-1162 

Sec.  19 1162 


Page 

APPEAL  TAX  COURT— (Cont’d). 

power  to  summon  and  interro- 
gate witnesses  in  assessing 


property. 

Acts,  Sec.  164A 181 

president  of. 

Acts,  Sec.  146 170 

record  of  abatements. 

Acts,  Sec.  6 85 

reductions  of  assessments  of 
personal  property. 

Acts,  Sec.  160 179 


refunding  taxes  paid  in  error. 
Ords. , Art.38,Sec.5....1156-1157 


refusal  to  issue  building  per- 
mits, appeals  from. 

Acts,  Sec.  §280a 253 

removal  of  property  from  city; 
duty  of  court. 

Acts,  Sec.  160 179 

report  of  abatements  to  City 
Council. 

Acts,  Sec.  6 85 

return  day  to  be  set  and  not- 
ice thereof  given  to  owners 
before  fixing  assessment. 

Acts,  Sec.  150 173 

Review  and  Assessment,  first 
sub-department  of. 

Acts,  Sec.  146 170 

revision  and  correction  of 
assessments,  powers  and 
procedure  of  court. 

Acts,  Sec.  157 178 

salaries  of  members. 

Acts,  Sec.  146 170 

shares  of  stock,  assessments 
of. 

Acts,  Sec.  §155a 176-177 

shares  of  stock  of  banks  and 
incorporated  institutions. 

Acts,  Sec.  §155a 176 


stock  debt  of  city  — tax  on 
prohibited. 

Ords.,  Art.  38,  Sec.  12... .1160 


APPEAL  TAX  COURT. 


1302  APPROPRIATIONS. 


APPEAL  TAX  COURT— (CoM^dX 

summons  and  inquiry  to  aid 
in  revision  and  correction 
of  assessments. 

Acts,  Sec.  157 178 

taxable  basis — preparation  of 
statement  of. 

Acts,  Sec.  171 188-189 

— statement  of  to  be  fur- 
nished to  City  Collector 
and  Board  of  Estimates. 
Acts,  Sec.  171 189 

taxes  charged  to  suspended 
account. 

Ords.,  Art.  38,  Sec.  4 1156 

— doubtful  of  collection. 

Ords.,  Art.  38,  Sec.  4 1156 

— paid  in  error;  refunding. 

Ords.,  Art.  38,  Sec.  5, 

1156-1157 


term  of  office. 

Acts,  Sec.  146 170 

transfers  and  corrections. 

Acts,  Sec.  147 171 

transfers  of  property. 


Ords.,  Art.  38,  Sec.  6 1157 

when  court  to  assess  personal 
property  upon  its  own  in- 
quiry. 

Acts,  Sec.  159 179 

APPEARANCE  FEE, 

See  ^'Crimmal  Court." 

APPLICANTS  FOR  EXAMI- 
NATION, 

See  "Police  Examiners." 

APPLICATIONS, 

See  "Hackney  Carriages" 
and  ' Coaches. ' ’ 

new  lamps. 

Ords.,  Art.  20,  Sec.  3....  894 

privy  licenses. 

Ords.,  Art.  41,  Sec.  45....1213 

APPOINTMENT  OF  POLICE, 

See  ‘ 'Police  Commissioners.  ’ ’ 


Page 

APPOINTMENTS  IN  FIRE 
DEPARTMENT, 

See  "Fire  Department." 

Ords.,  Art.  11,  Sec.  4 737 

APPOINTMENTS  OF  OFFI- 
CERS, 

City  Register  to  keep  record 
of. 

Ords.,  Art.  6,  Sec.  23 705 

APPOINTMENTS  TO  OF- 
FICE, 

See  lender  titles  of  various 
municipal  officials. 

Assistant  Superintendent  of 
Lamps  and  Lighting. 

Ords.,  Art.  20,  Sec.  24 901 

charcoal,  measurer  and  depu- 
ties. 

Ords.,  Art.  17,  Sec.  24....883-4 
Coroners. 

Acts,  Sec.  294 258 

keepers  of  standards  of 
weights  and  measures. 

Ords.,  Art.  17,  Sec.  4....876-7 


Mayor,  power  of. 

Acts,  Sec.  25 104 

New  Sewerage  Commission — 
members  of. 

Act,  Sec.  §824a 507 


APPOINTMENTS  TO 
POLICE  FORCE, 

See  "Police  Commissioners." 

APPROPRIATIONS, 

See  "Board  of  Estimates ; " 
‘ 'Police  Commissioners  ’ ’ and 
"Special  Police  Fund." 
annual  appropriations,  esti- 


mates for. 

Acts,  Sec.  36 115 

approval  and  veto  of,  by 
Mayor. 

Acts,  Sec.  23 103-104 


Burnt  District  Commission. 

App.  A,  Sec.  29 1257-1258 

communicable  diseases — to 
prevent  spread  of. 

App.  B,  Sec.  5.... 


.1267 


APPROPRIATIONS.  1303  ARBITRATION — COURT  OF. 


Page 

APPROPRIATIONS-(Cont’d). 

fire  deparment,  pensions  and 
relief  of  widows  and  child- 
ren. 

Acts,  Sec,  445 307 

Houses  of  Refuge  and  Refor- 
mation. 

Acts,  Sec.  517-518 331-332 

indigent  poor,  support  of. 

Acts.  Sec.  105 158 

— note  and  cases  cited. 

Acts,  Sec.  105 158 

Manual  Labor  School. 

Acts,  Sec.  816 503 

poor  in  private  institutions. 

Acts,  Sec.  106 158 

Veteran  Volunteer  Firemen’s 
Association. 

Acts.  Sec.  448 309 

APPROPRIATIONS  FOR  IN- 
TEREST PAYMENTS, 

city  stock,  ordinance  of  esti- 
mates to  provide. 

Ords.,  Art.  34,  Sec.  9 1079 

APPROPRIATIONS  FOR 
PENSIONS, 

See  '‘'Special  Police  Fund."''' 

APPROVAL  OF  BONDS, 

See  "Bonds." 

APPROVAL  OF  CON- 
TRACTS, 

See  '‘'‘Contracts." 

APPROVAL  OF  ORDINAN- 
CES, 

See  "Mayor." 

ARBITRATION, 

wood  — disputes  relating  to 
measurement  of. 

Acts,  Sec.  599 359 

ARBITRATION  COMMIT- 
TEE OF  THE  CORN  AND 
FLOUR  EXCHANGE, 


appeal. 

Acts,  Sec.  228 230 

authoritv  and  jurisdiction. 

Acts,  Sec.  227 229 


Page 

Arbitration  Committee  of  the 
Corn  and  Flour  Exchange — 

Cont’d). 

award  by  agreement  final. 


Acts,  Sec.  228 230 

controversies  submitted  in 
writing. 

Acts,  Sec.  226 228 

copies  of  award,  secretary  to 
furnish. 

Acts,  Sec.  227  229 

“ “ 228  230 

^°*^Acts,  Sec.  227 229 

directors,  board  of. 

Acts,  Sec.  226 228 

dissenting  opinion. 

Acts,  Sec.  227 229 

duties  of  committee. 

Acts,  Sec.  226 228 

election  of  committee. 

Acts,  Sec.  226 228 

jurisdiction. 

Acts,  Sec.  226 228 

note  and  cases  cited  229 

practice  and  procedure. 

Acts,  Sec.  227 229 

process  and  subpoena. 

Acts,  Sec.  227 229 

records. 

Acts,  Sec.  227 229 

stay  of  judgment. 

Acts,  Sec.  228 230 

striking  out  judgments. 

Acts,  Sec.  228 239 

vacancies  on  committee. 

Acts,  Sec.  226 228 

ARBITRATION,  COURT  OF, 

affidavit  of  successful  party. 

Acts,  Sec.  225 228 

affreightment. 

Acts,  Sec.  223 221 

agency. 

Acts,  Sec.  223 221 

application  for  writ. 

Acts,  Sec.  225 227 

bailment. 

Acts,  Sec.  223 221 

bills  of  exchange. 

Acts,  Sec.  223 221 

bills  of  lading. 

Acts,  Sec.  223 221 

Board  of  Trade  to  organize 
court. 

Acts,  Sec.  223.._ 221 

clerk. 

Acts,  Sec.  224 225 


ARRESTS. 


ARBITRATION — COURT  OF.  1304 


Page 

ARBITRATION,  COURT  OF- 

(Cont’d). 

commercial  paper. 

Acts,  Sec.  223 221 

compensation  of  judges. 

Acts,  Sec.  224 225 

contracts  of  sale. 

Acts,  Sec.  223 221 

contracts  of  work  and  labor. 

Acts,  Sec.  223 221 

costs. 

Acts,  Sec.  224 226 

decree  of  court. 

Acts,  Sec.  225 227 

docket. 

Acts.  Sec.  225 227 

duties  of  judge  and  clerk. 

Acts,  Sec.  224 225 

execution. 

Acts,  Sec.  225 227 

fee. 

Acts,  Sec.  224 226 

guaranty. 

Acts,  Sec.  223  221 

habere  facias  posses  sionem 
writ. 

Acts,  Sec.  225 225 

hearings. 

Acts,  Sec.  224 226 

insurance. 

Acts,  Sec.  223  221 

judge,  election  of. 

Acts,  Sec.  224 224 

lay  arbitrators. 

Acts,  Sec.  224 225 

manufacturing. 

Acts,  Sec.  223 221 

mechanic  arts. 

Acts,  Sec.  223 222 

navigation. 

Acts,  Sec.  223 222 

notes,  promissory. 

Acts,  Sec.  223 221 

partnership. 

Acts,  Sec.  223 221 

personal  chattels. 

Acts,  Sec.  225 228 

pleadings. 

Acts,  Sec.  224 226 

practice. 

Acts,  Sec.  224 226 

qualification  of  judge. 

Acts,  Sec.  224 225 

recovery  of  property. 

Acts,  Sec.  225 227 

rent. 

Acts,  Sec.  223 221 

rules  validity  of. 

Acts,  Sec.  224. 


Page 

ARBITRATION,  COURT  OF— 


(Cont’d). 

submission  in  writing. 

Acts,  Sec.  223 222 

term  of  office  of  judge  and 
clerk. 

Acts,  Sec.  224 225 


ARBITRATION  OF  MARKET 
DISPUTES, 

clerks  to  act  as  arbitrators  be- 


tween buyer  and  seller. 

Ords.,  Art.  23,  Sec.  3 919 

ARCHES  OR  GATEWAYS, 

Art  Commission  to  approve. 

Acts,  Sec.  202 207 


ARCHITECTURAL  CLUB 
OF  BALTIMORE, 

Art  Commission — to  appoint 
member  of. 

Acts,  Sec.  201 207 

AREA  WITHIN  WHICH 
BUILDING  LAWS  APPLY, 

See  '‘'Buildings.''' 
boundaries  of. 

Ords.,  Art.  3,  Sec.  4 600 

AREAS  AND  VAULTS, 

See  "‘Vaults  aiid  Areas." 

apertures  to  be  protected 
when  open  ; penalty. 

Ords.,  Art.  25,  Sec.  113..  996 

police  to  inform  Mayor  and 
City  Engineer  of  construc- 
tion of. 

Ords.,  Art.  25,  Sec.  114.  996 

ARREST  OF  JUDGMENT, 

See  "‘Courts." 
motions  in. 

Acts,  Sec.  300 261 

ARREST  ON  WARRANT, 

fees. 

See  "Sheriff's  Fees." 

ARRESTS, 

See  "Justices  of  the  Peace"' 

‘ '"Police  Commssioners' ' and 
"Vagrants  and  Disorder- 
ly Persons." 

Acts  867.... 


226 


.554,  555 


ARRESTS. 


1305  ASSESSING  DAMAGES. 


Page 


ASHES, 


Page 


ARRESTS— (Cont’d). 

on  warrant,  duty  of  police. 

Acts,  Sec.  642 385 

pickpockets  and  common 
thieves  on  premises  of  rail- 
roads or  on  ferry  boats ; 
persons  authorized  to  make. 

Acts,  Sec.  784 482,  486 

on  warrant;  duty  of  officer. 

Acts,  Sec.  242 384 

premises  of  railroads  and  rail- 
ways ; apprehension  of 
pickpockets  and  common 
thieves  on  same. 

Acts,  Sec.  784 485-486 

smoking  in  stables;  power  of 
police. 

Ords.,  Art.  11,  Sec.  56....  755 

without  warrant ; duty  of 
police. 

Acts,  Sec.  642 385 


ART  COMMISSION, 


approval  of  statues,  fountains, 
etc. 

Acts,  Sec.  202 207 

composition  of,  appointment. 

Acts,  Sec.  201 207 

members,  societies  to  select ; 
when  societies  default, 
Mayor  to  select. 

Acts,  Sec.  201 207 

public  structures,  advice  on. 

Acts,  Sec.  202-3 207 

report  to  City  Council  on 
proposed  improvements. 

Acts,  Sec.  202-3 207 

vacancies  on,  how  filled. 

Acts,  Sec.  203 207 


ARTICLES  INFECTED  WITH 
DISEASE, 

seizure  of ; warrant  to  search 
for, 

Ords.,  Art.  14,  Sec.  22....  803 

ARTICLES  PAWNED, 

sale  of. 

Ords.,  Art.  41,  Sec.  32. 
1207-1208 


See  '‘'‘Harbor^  Docks  and 
Wharves.  ’ ’ 

Ords.,  Art.  13,  Sec.  26  ...  783 

Commissioner  of  Street 
Cleaning  to  direct  clean- 
ing of. 

Ords.,  Art.  36,  Sec.  2.... 

1140-41 

deposit  in  streets  prohib- 
ited, penalty,  proviso. 

Ords.,  Art,  25,  Sec.  37..  970 
removal  of ; receptacles  for. 

Ords.,  Art.  36,  Sec.  9 1144 

wooden  floors,  protection  of ; 
penalty. 

Ords.,  Art,  11,  Sec.  60  ...  756 

ASPHALT  PAVEMENTS, 

kinds  of  asphalt  permitted 
for  paving. 

Ords.,  Art,  35,  Sec  101.... 1130 

ASSAULT  AND  BATTERY, 

assaults — between  6 p.m.,and 
6 a.  m.;  penalty. 

Acts,  Sec,  229 231 

— firemen  on  duty,  assault  on. 

Acts,  Sec.  447 308 

— Justices  of  the  Peace  at 
station  houses  to  try 
cases. 

Acts,  Sec.  632  379,  380 

— pleadings  and  necessary 
averments. 

Acts,  Sec.  230 231 

presentment  or  indictment 
for,  necessarv  allegations  in. 

Acts,  Sec.  231 231 

trials  upon 231 

recognizance  or  commit- 
ment in  cases  of. 

Acts,  Sec.  230 231 

sentence  for,  procedure  of 
court. 

Acts,  Sec.  230 231 

ASSENT  TO  DECREE, 

See  '‘'^Mortgages.'''’ 

ASSESSING  DAMAGES  IN 
GRADING,  PAVING,  ETC., 
STREETS, 

See  "'Streets  and  City  Engi- 
neer-, ’ ’ ‘ "Streets,  Bridges  and 
Highways' ' and  " "Grading, 
Paving,  etc.  Streets." 


ASSESSMENT  OF. 


ASSESSMENTS. 


1306 


Page 

ASSESSMENT  OF  BENEFITS 
IN  GRADING,  PAVING, 
ETC.,  STREETS, 

See  "'‘Grading,  Paving  etc., 
Streets"  and  "‘Streets  a7td 
City  Enghieer. ' ’ 

North  avenue. 

Acts,  Sec.  838 526-7 

ASSESSMENT  OF  PERSON- 
AL PROPERTY, 

account  of  to,  and  assessment 


by,  Appeal  Tax  Court. 

Acts,  Sec.  158 179 

reduction  of  assessment  on 
account  of  removal. 

Acts,  Sec.  160 179 

ASSESSMENTS, 


See  "‘Appeal  Tax  Court;'" 

‘ ‘ City  Collector;  ” “ City 
Register;"  '‘"Ope7iing  etc. 
Streets;''  ’ ‘ "Streets  and  City 
E^igineei''' ' a7id  ""Taxes." 

—abatement  of  nuisances. 

(^See  ""Nuisa7ices.") 
benefits  and  damages 
assessed  by  B.  D.  Com- 
mission . 

App.A,Secs.8,  10,  11-20, 

25,  26 1242-1255 

benefits  and  damages  in  open- 
ing, closing,  etc.,  streets. 

Acts,  Sec.  175 191 

Burnt  District  Commission- 
benefits  and  damages. 

App.  A,  Secs.  8-28 

1242-1257 

discounts  for  early  payment 
of  B.  D.  benefits. 

App.  A,  Sec.  37 1263 

establishments  and  changes 
of  grade  in  Burnt  District. 

App.  A,  Sec.  35 1262-1263 


grading  and  paving — appeals 
from. 

Acts,  Sec.  6 75 

opening,  extending  and 
widening  streets. 

Acts,  Sec.  6 72 

squares,  springs  and  monu- 
ments. 

Acts,  Sec.  6 70 


Appeals  from. 

See  ""Appeal  Tax  Co7irt." 

Acts,  Secs.  147,  170 

171,  180-184 


Page 

ASSESSMENTS— (Cont’d). 

Grading  Paving,  Etc., 

See  ""Appeals;'"’  ""City^  Col- 
lector-, " “ City  Register' ' 

and  ""Streets  a7id  City 
Enghieer. ' ' 


collection  of. 

Acts,  Sec.  6 77 

cost  of  grading,  paving  etc., 
on  application  of  owners. 

Ords.,  Art.  35,  Secs. 
74-76,  1119-1120 

front  foot  rule;  to  be  em- 
ployed. 

Acts,  Sec.  6 77 

levy  of  tax  for. 

Acts,  Sec.  6 77 

paving  under  special  ordi- 
nances. 

Ords.,  Art.  35,  Secs. 

92-100 1126-1130 


Opening  and  Closing,  Etc., 
Streets, 


benefits,  lien  of;  damages,  in- 
vestment of. 

Acts,  Sec.  185 200 

bills  for,  to  parties  assessed 
for  benefits. 

Acts,  Sec.  181.... 198 

Paving  Commission,  how 
paid. 

Acts,  Sec.  §841q 543 


Property, 

See  ""Appeal  Tax  Court"  and 
""Taxes." 

alteration  and  change  of;  pro- 
cedure of  Appeal  Tax  Court. 


Acts,  Sec.  164A 181 

alteration  and  correction  of, 
by  Appeal  Tax  Court. 

Acts,  Sec.  167 183 

Appeal  Tax  Court,  duty  be- 
fore increasing. 

Acts,  Sec.  150 172 


appeals  and  corrections.  Ap- 
peal Tax  Court  to  hear  ap- 
peals and  make  corrections 
in  assessments. 

Acts,  Sec.  147.. 


171 


ASSESSMENTS. 


ASSIGNMENTS. 


Page 


1307 


Page 

ASSESSMENTS— (Cont’d) . 

appeals  from  assessments. 

Acts,  Sec.  170 184-187 

cases  cited,  note 181 

correction  and  revision  by  Ap- 
peal Tax  Court. 

Acts,  Sec.  148 172 

executors  and  administrators, 
property  in  hands  of. 

Acts,  Sec.  168 183-184 

general  revision  every  five 
years. 

Acts,  Sec.  164A 181 

new  and  missed  property, 
taxes  on. 

Acts,  Sec.  171 188 

— omitted  property. 

Acts,  Sec.  171 183-188 

newly  discovered  property, 
assessment  of. 

Acts,  Sec.  169 184 

notice  to  owner  before  in- 
creasing. 

Acts,  Sec.  150  172 

omitted  or  acquired  property. 

Acts,  Sec.  167 183 

powers  of  Appeal  Tax  Court 
in  general. 

Acts,  Sec.  164A. 181 

record  of  taxable  property. 

Acts,  Sec.  161 180 

— to  contain  valuations 
and  assessments  of  prop- 
erty and  alphabetical 
list  of  owners. 


Acts,  Sec.  161 180 

return  of,  to  State  Comp- 
troller. 

Acts,  Sec.  162 180 

shares  of  stock;  assessment 
of,  case  cited,  foot  note 188 

transfers  of  property;  correc- 
tion of  assessments. 

Acts,  Sec.  166 183 


Sewers, 

basis  of  assessments  to  be  area 
drained. 

Ords.,  Art.  33,  Sec.  6 1063 


ASSESSMENTS— (Cont’d) . 

benefits — lien  of  assessments. 

Ords.,  Art.  33,  Sec.  14...T07(> 

levy  for  cost  of  construction. 

Acts,  Sec.  818 504 

Taxes, 

See  '''‘Appeal  Tax  Court;" 

‘ ‘ City  Collector;' ' ‘ ‘ City 

Register' ' and  ‘ ‘ Taxes. ' ' 

Ords.,  Art.  38,  Secs.  4-14, 

1156-1161 

adjustment  of,  when  assess- 
ment is  increased  or  de- 


creased. 

Acts,  Sec.  170 186-187 

reduction  of,  on  account  of 
alienations. 

Acts,  Sec.  156...... 178- 

revision  and  correction  of 
assessments. 

Acts,  Sec.  157 178 

shares  of  stock. 

Acts,  Sec.  §155a 176 

shares  of  stock;  collection  of. 

Acts,  Sec.  §155a 177 


ASSESSORS, 

See  "Appeal  Tax  Court'" 
"‘Assessments','''  "Assess- 
ment of  Taxes"  and 

Ords!*  Art.  38,  Secs.  1,  2, 

7,  14,  15,  16 1154,  1155,  1160- 

1161 


appointment  of  by  Appeal 
Tax  Court. 

Acts,  Sec..  147 171 

compensation  of. 

Acts,  Sec.  149 172 

duties,  powers. 

Acts,  Sec.  148 171 

penalty  for  neglect  of  duty  or 
corrupt  conduct. 

Acts,  Sec.  164B 182 


ASSIGNMENTS, 

damages  assessed  by  B.  D. 

! Commission. 

I App.  A,  Sec.  25 1254-1255 


ASSISTANT. 


ATTACHMENT. 


1308 


Page 

ASSIGNMENTS— (Cont’d) . 

Coroners, 

See  '‘'‘Coroners." 

Damages, 

Burnt  District  Assessments. 

App.  A,  Sec.  25 1254-1255 

opening  of  streets;  assess- 
ments. 

Acts,  Sec.  174 190 

sewer  assessments. 

Ords.,  Art.  33,  Sec.  5 1062 

Decrees, 

See  '‘'Mortgages." 

Judges, 

Note 276 

Property, 

See  "‘Mayor." 

Market  License, 

See  " Markets"  sub-title  "Li- 
censes and  Rents.  ’ ’ 

Ords.,  Art.  23,  Sec.  17..  924 

ASSISTANT  CITY  SOLICI- 
TORS, 

See  ‘ ‘ City  Solicitor.  ’ ’ 

Acts,  Sec.  62 133-134 

examiner  of  titles;  assistant 
to  act  as;  duties. 

Ords.,  Art.  5,  Secs. 1-3  695,696 

ASSISTANT  COUNSEL  FOR 
STATE, 

See  "Courts." 


appointment  of. 

Acts,  Sec.  350 281 

levy  to  pay  compensation  of. 

Acts,  Sec.  350 281 


ASSISTANT  HEALTH  COM- 
MISSIONER, 

See  "Health." 

Ords.,  Art.  14,  Sec.  4 797 

ASSISTANT  HARBOR  MAS- 
TERS, 

See  ‘ ‘ Comptroller' ' and  ‘ 'Har- 
bor, Docks  and  Wharves. ' ' 
Ords.,  Art.  13,  Sec.  2..772-773 


Page 

ASSISTANT  LIBRARIAN, 

See  "Librarian." 

Ords.,  Art.  21,  Sec.  5 906 

ASSISTANT  MARKET  MAS- 
TERS AND  CLERKS. 

See  ' ' Comptroller' ' and 

' 'Markets.  ’ ’ 

salaries  and  special  duties. 
Ords.,  Art.  23,  Sec.  3..918-919 

ASSISTANT  MEDICAL 
EXAMINER, 

See  "Health." 

Ords.,  Art.  14,  Sec.  3 ...797 

ASSISTANT  SECRETARY 
POLICE  BOARD, 

See  ' 'Special  Police  Fund.  ’ ’ 

ASSISTANT  STENOGRA- 
PHERS, 

appointment  and  compensa- 
tion. 

Acts,  Sec.  382 292 

ASSISTANT  SUPERINTEND- 
ENT OF  LAMPS 
AND  LIGHTING, 

See  "Lamps  a?id  Lighting" 
sub-title  " A ssistafit  Super- 
intendent of." 

Secs.  24-30 901-903 

ASSISTANT  SUPERINTEND- 
ENTS OF  PUBLIC  IN- 
STRUCTION, 

See  ' 'Superintendent  of  Pub- 
lic Instruction"  and 
' 'School  Commissioners.  ’ ’ 

ASSISTANTS,  CLERKS,  DEP- 
UTIES AND  SUB- 
ORDINATES, 

appointment  and  removal  of. 

Acts,  Sec.  28 107 

ASYLUMS  FOR  INSANE, 

See ' 'Hospitals' ' sub-title ' 'In- 
sane Asylums." 

ATTACHMENT  FOR  CON- 
TEMPT. 

Fees,  {^See  ' 'Sheriff 's  Fees. ") 


ATTORNEY. 


AUCTIONEERS. 


1309 

Page  ! Page 

I AUCTIONEERS— (Cont’d) 


ATTORNEY  GENERAL, 

railroads,  hours  of  labor, 
penalt3'  for  exceeding. 

Acts,  Sec.  794 491 

ATTORNEYS, 

salary"  contingent  upon  re- 
covery of  money  in  claims 
against  United  States. 

Art.  1,  Sec.  5 573 

ATTORNEYS  OF  PRISONERS, 

may  visit  prisoners  in  jail. 

Acts,  Sec.  137  167 

AUCTION  SALES, 

See  '‘'‘Auctioneers.''' 

AUCTIONEERS, 


affidavit  where  no  sales  made. 

Acts,  Sec.  269 243 

appointments  from  another 
state;  effect  of. 

Acts,  Sec.  256 237 

appointment  of  by  the  Gov- 
ernor. 

Acts,  Sec.  240 233 

bond  of — liable  for  malfeas- 
ance. 

Sec.  271 244 

— when  sales  under  ^150,000. 

Sec.  241 233 

— when  sales  over  ^5150, 000 . 

Sec.  243 234 

— suits  on. 

Acts,  Sec.  268 243 

books,  maps, prints,  etc.;  bond 
of  auctioneer. 

Acts,  Sec.  244 234 

— license  for  sale  of. 

Acts,  Sec.  244 234 

case  on  auction  sales  cited, 
note 239 

certificates  accompanying  re- 
turns of. 

Acts,  Sec.  267 242 

commission  from  Governor. 

Acts,  Sec.  240 233 

effect  of  failure  to  take  out 
license. 

Acts,  Sec.  253 237 


Commissions  of  Auction- 
eers. 

— books,  maps,  prints,  etc. 

Acts,  Sec.  260 238 

— exceptions  as  to  sale  of 
books,  furniture,  etc. 

Sec.  263 239 

— excessive  charges,  penalty 
for. 

Sec.  263 239 

— sales  in  excess  of  ^150, 000. 

Sec.  262.. 239 

— sales  not  in  excess  of 
$150,000. 

Sec.  261 239 

Comptroller  to  report  duties 
to  State  Comptroller. 

Acts,  Sec.  276 246 

death  of  licensee. 

Acts,  Sec.  247 235 

disqualification  of  auctioneer. 

Acts,  Sec.  270 243 

Duties  on  Auction  Sales, 

calculation  of  duties. 

Acts,  Sec.  235 232 

channel  and  harbor;  applica- 
tion of  duties  up  to 
$20,000  to  deepening  of. 

Acts,  Sec.  274 245 

disbursement  of  by  city. 

Acts,  Sec.  275 245 

excess  above  $20,000  pay- 
able to  State  Treasurer. 
Acts,  Sec.  276 245 

lien  of,  on  lands,  tenements, 
etc. 

Acts,  Sec.  237 232 

payment  of. 

Acts,  Sec.  235 232 

private  sales;  no  duties  on. 

Acts,  Sec.  236 232 

proceeds  of  auction  duties; 
how  applied. 

Acts,  Sec.  274  245 

purchaser  to  pay. 

Acts,  Sec.  238 232 

report  of,  to  Comptroller. 

Acts,  Sec.  266 241 


AUCTIONEERS. 


AUCTIONEERS . 


1310 


Paf^e 

AUCTIONEERS— ( Cont  ’ d) 


Horses  and  Carriages, 

license  for  sale  of. 

Acts,  Sec.  245 234-235 

Mayor  to  designate  places 
for  sale  of. 

Acts,  Sec.  258 238 

registry  of  horses  to  be  kept. 

Acts,  Sec.  259 238 

— deposit  of  same  with  clerk 
of  Court  of  Common  Pleas. 
Acts,  Sec.  259 238 

— regulations  by  Mayor  relat- 
ing to. 

Acts,  Sec.  258 238 

Licenses, 

failure  to  take  out,  effect  of. 

Acts,  Sec.  253 237 

issue  of  by  State  Treasurer. 

Acts,  Sec.  249  235 

leather,  iron  and  tobacco; 
manufacturers  not  to  have 
license  for  sale  of. 

Acts,  Sec.  278 236 

may  be  issued  nunc  pro  tunc. 

Acts,  Sec.  246 235 

one  place  of  sale  only; 
exceptions. 

Acts,  Sec.  264 240 

persons  authorized  to  sell 
under. 

Acts,  Sec.  264 245 

privileges  of  licensee. 

Acts,  Sec.  242 233 

sale  of  leather,  iron  and  to- 
bacco. 

Acts,  Sec.  278 246 

when  sales  under  |150,000; 
fee. 

Acts,  Sec.  241 233 

when  sales  over  $150,000. 

Acts,  Sec.  243  234 

Oath, 

false  swearing  by  auction- 
eer ; penalty. 

Acts,  Sec.  273  245 

partners  to  be  designated  in 
writing;  penalty. 

Acts,  Sec.  257  237 


AUCTIONEERS— (Cont’d) 
Penalties, 


against  auctioneer. 

Acts,  Sec.  242  234 

failure  to  make  returns. 

Acts,  Sec.  268 242 

— defenses  of  auctioneer. 

Acts,  Sec.  268  242 

— suits  on  bonds  of. 

Acts,  Sec.  268  242 

false  swearing. 

Acts,  Sec.  372  245 

malfeasance  of,  in  office;  pen- 
alty. 

Acts,  Sec.  271  244 

sales — unauthorized . 

Acts,  Sec.  252 236-237 

— without  appointment. 

Acts,  Sec.  250  236 

— without  license. 

Acts,  Sec.  246  235 

— without  recognizance. 

Acts,  Sec.  251  236 

State’s  Attorney  to  prosecute 
for. 

Acts,  Sec.  272  244 

violation  of  privileges  of 
license;  penalty. 

Acts,  Sec.  265 , 240 


Recognizances, 

clerk  Court  Common  Pleas 


to  take. 

Acts,  Sec.  248  235 

duplicates  of,  to  be  deliv- 

ered to  State  Treasurer. 

Acts,  Sec.  248  235 

new  security;  wffien  to  be 
given. 

Acts,  Sec.  255  237 

renewable  annually. 

Acts,  Sec.  254 237 


report  to  Comptroller  by, 
information  to  be  furnished. 
Acts,  Sec.  266  


240 


AUCTIONEERS. 


BACON. 


Page 


1311 

AUCTIONS— (Cont’d). 


Page 

AUCTIONEERS-(Cont’d). 


report  of  duties  to  State 
Comptroller  by  City  Comp- 
troller. 

Acts,  Sec.  275  245 

returns  quarterly  to  Comp- 
troller; penalty.  Returns 
also  to  City  Comptroller. 

Acts,  Sec,  266 240-241 

to  be  sworn  and  certified. 

Acts,  Sec.  267 241 

Sales, 

afl&davit  where  none  made. 

Acts,  Sec.  269 243 

bond;  when  sales  are  in  excess 
of  ^150,000. 

Acts,  Sec.  243 234 

— when  sales  not  in  excess  of 
1150,000. 

Acts,  Sec.  241 233 

fraudulent  and  void  sales. 

Acts,  Sec.  239  233 

leather,  iron  and  tobacco; 
no  license  required  by 
manufacturers  selling. 

Acts,  Sec.  278 246 

one  place  of  sale  only, 
exceptions. 

Acts,  Sec.  264  240 

without  license. 

Acts,  Sec.  246  235 

— penalty. 

Acts,  Sec.  250  236 

treasurer  to  prosecute  for  pen- 
alties for  malfeasance  in 
office  by. 

Acts,  Sec.  272  244 

wharves  of  city,  proviso  when 
city  makes  certain  charges. 

Acts,  Sec.  277 236 


AUCTIONS, 

See  ‘ 'A  uctioneers.  ’ ’ 

Acts,  Secs.  235-278 232-246 

Chesapeake  Bay,  Patapsco 
river  and  Harbor  Fund. 

City  Register’s  report  to 
State  Comptroller. 

Ords.,  Art.  2,  Sec.  1 589 


penalty  for  unauthorized  auc- 


tion sales  on  streets. 

Ords.,  Art.  2,  Sec.  2 589 

permits  for — on  streets  may 
be  issued  by  Ma}'or. 

Ords.,  Art.  2,  Sec.  2 589 

sales  of  goods,  wares  and 


merchandise  on  streets  at 
public  auction,  prohibited  ; 
penalty. 

Ords.,  Art.  2,  Sec.  2 589 

Auctions  in  Markets, 

furniture  sales  etc.,  prohibit- 
ed; penalty. 

Ords.,  Art.  23,  Sec.  41....  931 

AUDIT  CLERK, 

appointment  of  by  Comp- 


troller. 

Acts,  Sec.  34 Ill 

AUTOMOBILES, 

speed,  etc.,  in  parks  and 
squares. 

Acts,  Sec.  93 149 


— gasoline  tanks  of,  filling 
and  emptying. 

Ords.,  Art.  11,  Sec.  75....  762 
— storage  stations — gasoline, 
storage  at,  regulations, 
penalty. 

Ords.,  Art.  11,  Sec.  75....  761 

AWARDS, 

See  ‘ ‘ Board  of  A wards  ’ ’ and 
Bids  and  Awards d' 

AWNINGS, 

See  ‘ ''Buildings;'  ’ ‘ '‘Permits' ' 
and  "‘Sidewalks." 

— flaps,  figures  etc. 

Ords.,  Art.  3,  Sec.  134....  651 

BACON,  CHEESE,  SAUSAGE 
AND  CURED  MEATS, 

See  "Markets." 

license  for  sale  of. 

Ords.,  Art.  41,  Sec.  16. ..1200 

license  for  sale  of,  penalty. 
Ords.,  Art.  41,  Sec. 

16 1200-1201 


BADGES. 


BAIE. 


Page 


1312 


Page 

BADGES, 

See  ''^Health.'''' 

Ords.,  Art.  14,Secs.6,7,8,  798 

hucksters  to  display  license 
badge. 

Ords.,  Art.  41,  Sec.  52 1216 

keepers  of  weights,  etc.,  to 
wear. 

Ords.,  Art.  17,  Sec.  19 882 

newspaper  representatives. 

Ords.,  Art.  25,  Secs.  63, 

66 978-979 

street  venders  to  display. 

Ords.,  Art.  4l,  Secs.  52, 

53 1216-1217 

BAIL, 

See  ‘ ‘ Clerk  of  Courts','’  ’ ‘ 'Jus- 
tices of  the  Peace' ’’  and 
‘ ‘ Thieves  and  Pickpockets.  ’ ’ 

attachment  for  traverser  or 
prisoner  on  forfeiture  of 
bail. 

Acts,  Sec.  347 280 

bonding  guarantee  and  trust 
companies  as  recognizor. 

Acts,  Sec.  §278g 248 

clerk  of  Criminal  Court  may 
take,  when  authorized  by 
court. 

Acts,  Sec.  §278a 246 

court  to  fix  amount  of. 

Acts,  Sec.  §278a 246 

criminal  offences  committed  in 
counties. 

Acts,  Sec.  444 307 

defendant,  presence  of  or 
joinder  in  recognizance  not 
required. 

Acts.  Sec.  §278a 246 

defendants’  own  recogniz- 
ance. 

Acts,  Sec.  §278c 247 

enforcement  of  forfeitures. 

Acts,  Sec.  348 280 

forfeit  for  non-appearance  of 
defendant. 

Acts,  Sec.  §278k 249 


BAIL— (Cont’d). 
forfeiture  of. 

Acts,  Sec.  347 280 

— bail  before  police  justice, 
effect  of . 

Acts,  Sec.  §278k 249 

— police  justice  to  note  on 
recognizance. 

Acts,  Sec.  §278k 249 

— record  of. 

Acts,  Sec.  §278-1 248 

judge  or  clerk  to  sign  recog- 
nizance. 

Acts,  Sec.  §278d 247 

oath  of  recognizor. 

Acts,  Sec.  §278i 249 

offences  not  bailable,  murder, 
manslaughter,  etc. 

Acts,  Sec.  §278g 248 

police  justices,  jurisdiction 
in. 

Acts,  Sec.  §278h 248 

property  qualifications,  recog- 
nizor without. 

Acts,  Sec.  §278c 247 

recognizance — before  police 
justice  or  in  habeas  cor- 
pus. 

Acts,  Sec.  §278e 248 

— form  of. 

Acts,  Sec.  §278d 247 

— record  of. 

Acts,  Sec.  §278f 248 

— to  become  record  of  Criminal 
Court. 

Acts,  Sec.  §278j 249 

— when  forfeited  becomes 
a judgment. 

Acts,  Sec.  §278e 248 

recognizor,  lien  on  property 
of. 

Acts,  Sec.  §278e 247 

— to  give  particulars  of  prop- 
erty, oath. 

Acts,  Sec.  §278d 247 

— who  may  be. 

Acts,  Sec.  §278g 248 

— oath  to  application  for  bail. 

Acts,  Sec.  §278i 249 

— record  of,  duty  of  clerk 
of  Criminal  Court. 

Acts,  Sec.  §278f 248 

surety  companies  as  recogniz- 
ors. 

Acts,  Sec.  §278g 


248 


BANDS. 


BAILIFFS  AND  CRIERS.  1313 


Page 

BAILIFFS  AND  CRIERS, 

See  ''City  Collector"  and 
"Orphans'  Court." 

bailiffs  in  City  Collector’s 
office,  compensation  of. 

Ords.,  Art.  38,  Sec.  24....1165 
— powers  and  duties  of. 

Ords.,  Art.  38,  Sec.  16, ..1161 

clerks  of  courts  to  certify 


salaries  of. 

Acts,  Sec.  372 288 

salaries,  amount  of  and  pay- 
ment. 

Acts,  Secs.  372-374 288 


BAKERIES  AND  CONFEC- 
TIONERIES, 

See  "Health"  and  "Inspec- 
tions Weights  and  Meas- 
ures." 

Ords.,  Art.  17,  Secs.  35- 
38 886-888 

inspection  of. 

Acts,  Sec.  6 56 

BAKERIES,  INSPECTORS 
AND  ANALYSTS  OF, 

appointment  of. 

Acts,  Sec.  73 139 

BALCONIES,  BATHROOMS 
AND  BAY  WINDOWS, 

See  "Buildmgs." 

Ords.,  Art.  3,  Secs.  13-22 
604-607 

BALL  OR  BANDY  PLAYING, 

penalty  for  playing  in  streets. 

Ords.,  Art.  25,  Sec.  87...  987 

BALLOTS, 

See  "Primary  Elections." 

App.  C,  Sec.  1 1170-1273 

BALL  PLAYING  ON  SAB- 
BATH, 

prohibition  of,  penalty. 

Ords.,  Art.  31,  Sec.  3 1041 

BALLS,  ETC., 

license  for  public  balls,  pen- 
alty. 

Ords.,  Art.  41,  Secs.  11-12. .1199 


Page 

BALTIMORE  AND  EASTERN 

SHORE  RAILROAD  COM- 
PANY, 

bonds  of,  indorsement  of. 

Acts,  Sec.  826  518 

BALTIMORE  CITY  COL- 
LEGE, 

fee  for  tuition  of  non-resident 
pupils  in. 

Ords.,  Art.  32,  Sec.  34... 1055 

BALTIMORE  CITY  COURT, 

See  "Courts"  sub-title  "Law 
Courts  of  Baltimore  City.  ’ ’ 

Acts,  Secs.  300,  322,  357,  362, 

370,  372,  374,  379,  380,  382, 

387,  388,  389. 

Pages,  261,  273,  282,  284,  287,  288 
290,  292,  293,  294. 


appeals  from  decisions  of 
Commissioners  for  Open- 
ing Streets. 

Acts,  Sec.  179 196 

notes  of  decisions  of,  relating 
to  Practice  Act  for  Baltimore 
city. 

note 267 


BALTIMORE  SANITARY 
CONTRACTING  COM- 
PANY, 

contract  with,  for  collection 
and  removal  of  garbage, 
etc. 

Ords.,  Art.  36,  Sec.  5 1142 

BALTIMORE  STREET, 

flushing  with  water  when  wet 


and  muddy. 

Ords.,  Art.  36,  Sec.  7 1143 

sheep  not  to  be  driven  along. 
Ords.,  Art.  25,  Sec.  12 964 

vehicles,  stands  for  prohib- 
ited. 

Ords.,  Art.  4,  Sec,  32 691 


BANDS, 

Sabbath,  parades  of,  unlawful 
on,  penalty,  proviso. 

Ords.,  Art.  31,  Sec.  4 1041 


BANDS. 


BAY  VIEW  ASYEUM. 


1314 


Page 

BANDS,  DRUM  CORPS,  ETC., 

parades  of,  after  six  p.  m. 
permit  for,  collection  of 
money  by,  unlawful, 

Ords.,  Art.  25,  Sec.  110..  995 

BANK  DEPOSITS  OF  CITY, 

interest  on,  duty  of  City  Reg- 
ister. 

Ords.,  Art.  6,  Sec.  23..705-706 

BANKS,  STATE  AND  NAT- 
IONAL, 

See  ‘ ^Incorporated  histitu- 
tions'"  and  ^'Shares  of 
Stock.  ’ ’ 

176 

BANK  STOCK,  BONDS, 
ETC., 


when  exempt  from  taxation. 

Acts,  Sec.  6 84 

BAR  LIBRARY, 

ordinances  and  resolutions, 
two  copies  to  be  furnished 
to. 

Ords.,  Art.  1,  Sec.  26 579 

BAR  MAIDS, 

employment  of  women  as, 
forbidden. 

Acts,  Sec.  900 562 

— punishable  by  forfeiture  of 
license  and  fine  or  impris- 
onment. . 

Acts,  Sec.  901  563 

BARRE  STREET, 

vehicles,  stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  32 691 

BARRELS, 

dimensions  of,  for  measure- 
ment of  peas  and  beans. 

Acts,  Sec.  532 336 

Inspector  of  Weights  and 
Measures  to  inspect,  pay- 
ment of  penalties. 

Acts,  Sec.  534 337 

peas  and  beans,  dimensions 
of  barrel  to  be  stamped 
thereon,  penalty. 

Acts,  Sec.  533 337 


Page 

BARRELS,  BOXES,  ETC.,  IN 
STREETS, 

time  to  remain;  to  occupy  but 
one  half  of  footway. 

Ords.,  Art.  25,  Sec.  68....  979 

BASEMENT,  CELLARS,  ETC., 

See  '‘'‘Buildings.'''' 

construction,  ventilation. 

Ords.,  Art.  3,  Secs.  20-22  607 

BASIN  OF  CITY  OF  BAL- 
TIMORE, 

extensions  to. 

App.  A 1237 

— filling  up  authorized. 

App.  A,  Sec.  27 1255-1256 

BASS,  STRIPED, 

See  "Fish." 

BATH  ROOMS, 

See  "Buildings." 
construction  requirements. 
Ords.,  Art.  3,  Sec.  14 605 

BATHS, 

See  "Public  Baths." 

Ords.,  Art.  27,  Secs.  1-5..1002 
1003 

BATTERYMAN, 

fire  alarm  telegraph,  appoint- 
ment, duties,  bond. 

Ords.,  Art.ll,Secs.27-30..  746 

747 

BATTLE  MONUMENT, 

defacing  or  injuring,  penalty, 
police  regulations. 

Ords.,  Art.  25,  Sec.  61....  977 

impression  of  representation 


of,  to  be  seal  of  city. 

Ords.,  Art.  1,  Sec.  50 588 

BATTLE  MONUMENT, 

vehicles,  stands  for  prohibit- 
ed at. 

Ords.,  Art.  4,  Sec.  39 693 

BAY  VIEW  ASYLUM, 

convicts,  lunatic  and  insane 
in. 

Acts.  Sec.  §120a 163 


BAY  VIEW  ASYLUM. 


BENEFITS. 


Page 


1315 


Page 

BAY  VIEW  ASYLUM— (Cont’d). 

curable  indigent  patients  at, 
transfer  of,  to  Maryland 
Hospital. 

Ords.,  Art.  16,  Sec.  6 870 

monthly  examination  of 
patients. 

Ords.,  Art.  16,  Sec.  6 870 

BEANS, 

See  ''Peas  and  Beans.'" 

BED  AND  TRACKS  ON 
STREET  RAILWAYS, 

repairs  by  city,  cost,  collec- 
tion of  cost,  penalty. 

Ords.,  Art.  30,  Sec.  26....1024 

1025 

BEDS  OF  TRACKS  AND 
SWITCHES. 

See  ''Railroads  and  Rail- 
ways. ’ ’ 

Ords.,  Art.  30,  Sec.  11....1019 

BEDDING  OR  CLOTHING, 

disinfection  of,  when  re- 
quired. 

Ords.,  Art.  14,  Sec.  15 801 

BEGGARS, 

almshouse,  list  of  those  com- 
mitted to. 

Acts,  Sec.  114 161 

BELLS, 

required  on  sleighs  and  cars. 

Ords.,  Art.  4,  Sec.  10 685 

BENEFICIARIES  OF  SPEC- 
IAL POLICE  FUND, 

See  ' 'Special  Police  Fiend.  ’ ’ 

BENEFIT  ASSESSMENTS, 

lien  of  in  opening  sewers,  etc. 

Ords.,  Art.  33,  Sec.  14....1070 

BENEFITS, 

See  ''City  Collector;''''  ''City 
Register; ” “ Condemnation 
of  Property;  ” “ Grading , 
Paving,  etc.  Streets  ; ’ ’ 

‘ ‘ Opening,  Closing,  etc. 
Streets'''  and  "Sewers." 


BENEFITS— (Cont’d). 

by  Burnt  District  Commis- 
sion. 

App.  A,  Secs.  8-28....1242-1257 
— due  to  changes  and  estab- 
lishments of  grades  in 
Burnt  District. 

App.  A,  Sec.  35 1262-1263 

— for  paving — when  payable. 

Ords.,  Art.  35,  Sec.  71. ...1117 
Burnt  District  assessments. 


App.  A,  Secs.  8,  10,  11- 

20,  25,  26 1242-1245 

— accounting  of  by  City  Collec- 
tor. 

App.  A,  Sec.  14 1251 

— collection  of. 

App.  A,  Sec.  13 1250 

— sale  of  property  for. 

App.  A,  Sec.  14 1250-1251 


— sales  of  property  for, 

procedure  in  such  sales. 

App.  A,  Sec.  15 1251 

— to  offset  damages. 

App.  A,  Sec.  26 1255 

1 — when  payable. 

App.  A,  Sec.  13 1250 

constructing  and  c pening 
sewers. 

Acts,  Sec.  818 504 

damages  to  be  offset  by, 

App.  A,  Sec.  26 1255 

discount  for  early  payment  of. 
Burnt  District  assessments. 

App.  A,  Sec.  37 1263 

lien  of. 

App.  A,  Sec.  13 1250 

not  to  be  assessed  for  exten- 
sions to  basin  or  harbor. 

App.  A,  Sec.  8 1244 

opening,  closing,  etc.,  streets, 
assessment  for. 

Acts,  Sec.  175 191 

— lien  until  paid. 

Acts,  Sec.  185 200 

— North  Avenue. 

Acts,  Sec.  838 527-528 

— sales  for  non-payment  of. 

Acts,  Sec.  182-184 199 

payment  of  by  third  parties. 

App.  A,  Sec.  18 1252 


BENEFITS. 


1316  BILES  FOR  WATER. 


Page 

BENEFITS  IN  SEWER  CON- 
DEMNATIONS, 

assignment  of  damages  when 
^ both  benefits  and  damages 
, assessed. 

/^il^Ords.,  Art,  33,  Sec.  5....  1062 

BENEFITS  IN  OPENING,  ETC. 
SEWERS, 

award,  basis  of. 

Ords.,  Art.  33,  Sec,  6 1063 

lien  ma}^  be  assigned  to 
volunteer  paying  same. 

Ords.,  Art.  33,  Sec.  15  ...1071 

sale  of  property  for  non- 
payment of. 

Ords.,  Art.  33,  Sec.  11....1069 

BERMUDA  ASPHALT, 

use  of  in  paving  author- 
ized. 

Ords.,  Art.  35,  Sec.  101..1130 

BICYCLES  AND  TRICY- 
CLES, 

See  '‘'‘Vehicles.'’' 

lamps  required,  penalty. 

Ords.,  Art.  25,  Sec.  88 988 

BIDDERS, 

See  '‘'Bids  and  Awards." 

Acts,  Sec.  15 99 

BIDS  AND  AWARDS, 

See  ‘ '‘Board  of  Estimates' ' and 


‘ ‘ Contracts. ' ' 

cases  cited.  99 

city  engineer  to  preserve. 

Ords.,  Art.  35,  Sec.  1 1091 

decisions  relating  to. 

Acts,  Sec.  15,  note 99 

regulations  governing  same. 

Acts,  Sec.  15 99 

BIDS  FOR  STATIONERY, 

See  "City  Librarian." 

BILL  POSTING, 

Broadway  Market,  penalty. 

Ords.,  Art.  23,  Sec.  66 939 


Page 

BILLIARD  & BAGATELLE 
TABLES, 

See  '‘'Licenses"  sub-title  "Bil- 
liards." 

games  on,  minors  not  to  play, 
penalty. 

Ords.,  Art.  25,  Secs.  1-2..  961 

license  for,  penalty. 

Ords.,  Art.  41,  Sec.  3 1196 

BILLS  ACCOUNTS  AND 
VOUCHERS, 

See  "Police  Commissioners." 

BILLS  AGAINST  CITY, 

memoranda  of,  to  be  pre- 
served. 

Ords.,  Art.  6,  Sec.  33 710 

and  note 708-709 

orders  for  payment  to  be  in 
writing  and  signed. 

Ords.,  Art.  6,  Sec.  22 710 

and  note 708-709 

BILLS  AND  POSTERS, 

defacing  or  posting  over, 
prohibited , penalty,  proviso . 
Ords.,  Art.  25,  Sec,  105-6..  993 

BILLS  FOR  WATER, 

See  "Bills;"  "Collector  of 
Water  Rents  and  Licenses" 
and  "Water  Rents." 

abatements  on. 

Ords.,  Art.  40,  Sec.  8 1180 

collections  quarterly. 

Ords.,  Art.  41,  Sec.  69.. ..1222 


discounts  on. 


Ords.,  Art.  40,  Sec.  5. 

1179 

preparation  of. 

1178 

Ords.,  Art.  40,  Sec.  4. 

rates  and  discounts  printed 

on  back  of. 

Ords.,  Art.  40,  Sec,  6. 

1179 

shutting  off  water,  when 

in 

arrears. 

Ords.,  Art.  40,  Sec.  9. 

1180 

water  rents  and  charges. 

Ords.,  Art.  40,  Secs.  4-6, 

9 1178-1180 


BILLS  FOR  WORK. 


1317  BLOWING  WHISTLES. 


Page 

BILLS  FOR  WORK  AND 
MATERIALS, 


when  to  be  paid. 

Ords.,  Art.  6,  Sec.  5 700 

BILLS  OF  EXCHANGE  AND 
PROMISSORY  NOTES, 

acceptance. 

Acts,  Sec.  §279b 250 

banking  hours  on  Saturday. 

Acts,  Sec.  §279b 250 

bills  for  collection. 

Acts,  Sec.  §279b... 251 

business  day. 

Acts,  Sec.  §279b 251 

demand  notes. 

Acts,  Sec.  §279b 251 

dishonor. 

Acts,  Sec.  §279b 250 

half  holiday  Saturday. 

Acts,  Sec.  §279b 250 

holiday,  legal. 

Acts,  Sec.  §279b 250 

interest,  computation  of. 

Acts,  Sec.  §279c 251 

note,  case  cited. 250 

notice  of  dishonor. 

Acts,  Sec.  §279b 250 

presentation. 

Acts,  Sec.  §279b 250 

protesting. 

Acts,  Sec.  §279b 250 

Saturday  half  holiday. 

Acts,  Sec.  §279b 250 

Sunday,  notes  due  on. 

Acts,  Sec.  §279a 250 

BILLS  OF  EXCEPTION, 

decisions  relating  to. 

note 270 

when  to  be  signed. 

Acts,  Sec.  316 270 

BIRDS, 

injury  to  insectivorous,  in- 
juring boxes  of,  penalty. 
Ords.,  Art.  25,  Sec.  5 962 


BIRTHS, 

physicians  to  report. 

Ords.,  Art.  14,  Sec.  188..  862 

BIRTHS  AND  DEATHS, 

See  ''Health.'’' 

Ords.,  Art.  14,  Sec.  179..  858 


Page 

BLASPHEMOUS  AND  INDE- 
CENT  PLAYS, 

performance  of  unlawful, 
penalty. 

Ords.,  Art.  25,  Sec.  101..  992 

BLASTING  IN  CITY, 

Mayor’s  written  permit  re- 
quired. 

Ords.,  Art.  11,  Sec.  72....  760 

BLIND, 

See  ‘ 'Deaf^Dumb  and  Blind. ' ' 


instruction  of,  age  limit. 

Acts,  Sec.  397 296 

— appropriation  for. 

Acts,  Sec.  397 296 

— cost,  per  capita. 

Acts,  Sec.  399 297 

— County  Commissioners  to 
recommend. 

Acts,  Sec.  397 296 

— Orphans  Court,  judges  of, 
to  recommend. 

Acts,  Sec.  397 296 

— recommendation  for  i n - 
struction,  what  to  state. 

Acts,  Sec.  398 296 

^ — terms  of  instruction. 

Acts,  Sec.  399 297 


BLOCKS  IN  ANNEX, 

See  ‘ ‘ Topographical  Survey. ' ' 

BLOWING  WHISTLES, 

hours  when  not  to  be  blown, 
penalty,  exceptions. 


Ords.  Art.  25,  Sec.  6 963 

BOARD  of— 

Awards. 

bids  to  be  opened  by. 

Acts,  Sec.  15 99 

checks  of  unsuccessful  bidders 
to  be  returned  by. 

Acts,  Sec.  15 99 

composition  of. 

Acts,  Sec.  15 99 

contracts  for  removal  of  gar- 
bage and  refuse. 


Ords.,  Art.  36,  Sec.  4, ..1041-2 

general  powers  of. 

Acts,  Sec.  15 


99 


BOARD  OF. 


BOARD  OF. 


Page 


1318 


Page 

BOARD  of — (Cont’d). 

Commissioners  For  Opening 
Streets, 

See  ‘ ‘ Commissioners  jor  Open- 
ing Streets,''^ 

Estimates, 

See  ‘ 'Special  Police  Fund.  ’ ’ 


advertisement  of  grants  of 
franchises. 

Acts,  Sec.  10  97 

alterations  and  repairs  out- 
side of  building  line;  ap- 
proval of  by. 

Ords.,  Art.  3,  Sec.  11 603 


buildings,  bath  rooms,  etc., 
beyond  building  line,  ap- 
proval of. 

Ords.,  Art.  3,  Sec.  19 606 

bow  windows  in  stores, 
approval  of. 


Ords.,  Art.  3,  Sec.  17 696 

cases  cited 117 

City  Council  not  to  increase 
ordinance  of  estimates. 

Acts,  Sec.  36 115 

contingent  fund. 

Acts,  Sec.  38 119 

departmental  estimates. 

Acts,  Sec.  36.. 113 

Department  of  legislative 
Reference,  expenses. 

Acts,  Sec.  208C 211 

estimates  for  annual  appro- 
priations. 

Acts,  Sec.  36 115 

estimates  for  new  improve- 
ments. 

Acts,  Sec.  36 114 

finance  head  of  third  sub- 
• department  of. 

Acts,  Sec.  36 113 

finance;  to  be  Officials  of 
Department  of. 

Acts,  Sec.  32 110 

franchises;  duties  of  Board 
in  granting. 

Acts,  Sec.  37 118 

— grants  of. 

Acts,  Sec,  37 117 

meetings  of. 

Acts,  Sec.  36 113 


BOARD  of — (Cont’d). 


minor  privileges  in  streets, 
application  for. 

Acts,  Sec.  37 118 

officials  composing  Board. 

Acts,  Sec.  36 113 

opinion  on  public  improve- 
ments costing  over  |2,000 
to  be  given  to  City  Council. 

Acts,  Sec.  85 144 


park  tax — street  railways  in 
annex;  assent  to  modifica- 
tion of  tax  payable  by  such 
railways. 

Acts,  Sec.  §800a 494-495 

paving  commission,  annual 
appropriation. 

Acts,  Sec.  §841p 542 

powers  of. 

Acts,  Sec.  36 113 

powers  relating  to  franchises. 

Acts,  Sec.  37 128 

president  of. 

Acts,  Sec.  36 113 

private  claims,  to  be  approved 
by. 

Acts,  Sec.  39 120 

report  to  City  Council  of 
taxable  basis. 

Acts,  Sec.  40 120 

reports  of  Burnt  District 
Commission. 

App.  A,  Sec.  4, 1238 

salaries,  increase  or  decrease 
of,  by  Board. 

Acts,  Sec.  36A 117 

street  railway  franchises  in 

annex;  duration  of  grants; 
when  to  be  perpetual. 

Acts,  Sec.  §800a 495 

surplus  of  revenue  over 
estimates,  disposition  of. 

Acts,  Sec.  36 116 

vaults  and  areas,  to  approve 
construction  of. 

Ords.,  Art.  3,  Sec.  154....  659 

Examiners  For  Horseshoers, 

See  ‘ 'Horseshoeing.  ’ ’ 


BOARD  OF. 


BONDING. 


Page 


1319 


Page 

BOARD  of— (Cont’d). 

Examining  Engineers, 

See  “Examining  E7igineers." 

Finance, 

powers  and  duties  of. 

Acts,  Sec.  32 110 

Fire  Commissioners, 

See  '‘'‘Fire  Department.'" 

Acts,  Sec.  68  136-137 

Ords.,  Art.  11,  Sec.  1-46,  735-752 

Health, 

See  '‘'‘Co 7nmissioner  of 
Health"  and  "‘Health." 

homes  for  care  of  infants. 


investigation  of. 

Acts,  Sec,  §493h 323 

— license  for. 

Acts,  Sec,  §493h 323 

— midwives,  license  for. 

Acts,  Sec.  §493f.. 323 


Park  Commissioners, 

See  "Parks  and  Squares." 

Art  Commission,  to  appoint 
member  of. 

Acts,  Sec.  201 207 

Registry, 

affiliation  of  voters  to  be 
recorded. 

App.  C,  Sec.  2 1275 

Police  Commissioners, 

See  '‘'Police  Commissioners," 

rate  of  fare  for  hackney 
carriages  to  be  fixed  by. 

Acts,  Sec.  281 253 

Police  Examiners, 

See  ‘ '‘Police  Exammers.  ’ ’ 

Public  Safety, 

composition  of  Board. 

Acts,  Sec.  68 137 

duties  and  powers  of  Board. 

Acts,  Sec.  68 137 


BOARD  of— (Cont’d). 

Public  Improvements, 

president  of,  to  be  on  Board 
of  Estimates. 

Acts,  Sec.  36 113 

School  Commissioners, 

See  ‘ 'School  Cormnissioners'  ’ 
and  "Schools." 

authority  to  collect  books 
from  former  pupils. 

Ords.,  Art.  32,  Sec.  8.. 1045-6 
— erect  temporary  school 

buildings. 

Ords.,  Art. 32, Secs. 4-6, 1044-5 

testimonials  to  graduates  of 
high  schools,  etc. 

Ords., Art.  32, Secs.l2, 13..1047 

Supervisors  of  Elections, 

Wards,  {See ' 'Legislative  Dis- 
tricts " and  " Wards . ” ) 

Trade, 


arbitration,  organize  court  of. 

Acts,  Sec.  223 221 

BOARDS  AND  COMMIS- 
SIONS, 

minority  membership  on. 

Acts,  Sec.  30 107 

records  of  proceedings  of. 

Acts,  Sec.  31 108 


BOATS,  SCOWS  AND  VE- 
HICLES, 

See  "Ferries;"  "Licenses;" 

' ' Vehicles,  Boats  and 

Scows' ' and ' ' Water  Rents. ' ' 

licenses  for. 

Ords.,  Art.  41,  Secs.  74- 
I 84 1223-1227 

BOILER  INSPECTONS, 

1 See  ‘ 'Steam  Boilers. ' ' 

BOILERS, 

See  "Steam  Boilers." 

water  charges  for. 

Ords.,  Art.  41,  Sec.  56.. .1218 

BONDING.  GUARANTEE  OR 
TRUST  COMPANIES, 

I recognizors  in  bail,  {See 
; "Bail.") 


BONDS. 


BONDS. 


1320 


Page 

BONDS, 

See  '‘'‘Clerks  of  Courts;'" 
"‘Contracts  with  City;'''' 

‘ ‘ Hackney  Carriages  and 
Coaches;''  ’ ‘ 'Mayor''  ’ and 

"Register  of  Wills,'''' 

appeal  bonds,  injunction 
bonds,  etc.,  to  be  executed 
by  Mayor. 

Ords.,  Art.  1,  Sec.  1 571 

Appeal  Tax  Court;  members 


of. 

Ords.,  Art.  38,  Sec.  1 1154 

approval  of. 

Acts,  Sec.  20A 101 

assessors  of  taxes. 

Ords.,  Art.  38,  Sec.  1 1155 

Assistant  Librarian. 

Ords.,  Art.  21,  Sec.  5 906 


Assistant  Market  Masters 
and  Clerks,  penalties  of 
bond  required  from  those 
of  the  several  markets. 

Ords.,  Art.  23,  Sec.  6 921 

auctioneers,  {See  "Auction- 
eers.''''') 

bakeries  and  confectioneries, 
inspector  of. 

Ords.,  Art.  17,  Sec.  37,..  887 

certificates  of  stock,  renewal 
of  when  lost. 

Ords.,  Art.  34,  Sec.  7..1078-9 

C.  & P.  Telephone  Co. — in 
connection  with  subway 


system. 

Ords.,  Art.  9,  Sec.  23 727 

Circuit  Courts,  bonds  of  clerks 
of. 

Acts,  Sec.  369 286 


City  Collector. 

Ords-,  Art.  38,  Sec.  22....1163 

City  Engineer  and  Assistant 
City  Engineers. 

Ords.,  Art.  35,  Sec.  3 1092 


City  Court,  clerk  of. 

Acts,  Sec.  357 283 

officials,  employes,  etc. of  city — 
when  required  to  bond; 
proviso. 

Ords.,  Art.  1,  Sec.  39 583 


Page 

BONDS— (Cont’d). 

— when  not  required  to  bond. 

Ords.,  Art.  1,  Sec.  38 583 

City  Register’s  bond;  Mayor 
to  have  custody  of. 

Ords.,  Art.  6,  Sec.  19 704 

City  Register,  successor  to 
give  bond. 

Ords.,  Art.  6,  Sec.  22 705 

City  Solicitor  to  approve. 

Acts,  Sec.  63 135 

clerks  of  courts — liable  for 
salaries  of  deputies,  note.  283 

clerks  of  Law  Courts. 

Acts,  Secs.  357-361 282-284 

clerks  of  markets;  require- 
ments of  bonds  of;  approval, 
penalty  and  conditions  of. 

Ords.,  Art.  23,  Sec.  5,  920-921 

Collector  of  State  Taxes. 

Acts,  Sec.  53 130 

Collector  of  Water  Rents  and 
Licenses,  assistants  and 
clerks  of. 

Ords.,  Art.  41,  Sec.  2 1196 


Comptroller — bond  of. 

Ords.,  Art.  6,  Sec.  1 698 

— subordinates’  bonds. 

Ords.,  Art.  6,  Sec.  17 703 

— to  examine  and  certify 
sufficiency  of. 

Ords.,  Art.  6,  Sec.  4 700 

Coroners’. 

Acts,  Sec.  294 158 

Court  Common  Pleas;  bond 
of  clerk. 

Acts,  Sec.  357 283 

Criminal  Court  Clerk. 

Acts,  Secs.  367,  368 286 


Deputy  Comptroller. 

Ords.,  Art.  6,  Sec.  15,  702-703 

Harbor  Engineer — appointees; 


bonds  of. 

Ords.,  Art.  13,  Sec,l 772 

— bond  of. 

Ords.,  Art.  13,  Sec.  1 772 

immigrants,  protection  of  city 
against  paupers  by  owner 
of  vessel. 

Acts,  Sec.  519 333 


BONDS. 


1321  BONDS,  STOCKS,  KTC. 


Page 

BONDS— (Cont’d). 

inspectors  of  hay  and  straw. 

Acts,  Sec.  553 344 

inspector  of  plumbing,  bond 
of. 

Ords.,  Art.  14,  Sec.  129..  836 

Justices  of  the  Peace;  condi- 
tions and  penalty. 


Acts,  Sec.  624 376 

keepers  of  standards  of 
weights  and  measures. 

Ords.,  Art.  17,  Sec.  4 877 

I^amps  and  Lighting,  bond  of 
Superintendent  of. 

Ords.,  Art.  20,  Sec.  1 893 


— of  Assistant  Superintend- 
ent. 

Ords.,  Art.  20,  Sec.  24..  901 

live  stock  inspector  at  Canton 
hay  scales;  additional  bond 
required  of. 


Acts,  Sec.  569.... 348 

morgue;  superintendent  of, 

Ords.,  Art.  14,  Sec.  82....  821 

municipal  suits;  bonds  in. 

Ords.,  Art.  1,  Sec.  1 571 


paving  bonds  to  indemnify 
city. 

Ords.,  Art.  35,  Sec.  73, 
1118-1119 

pawnbrokers,  bond  of. 

Ords.,  Art.  41,  Sec.  30, 

1206-1207 

— suits  on  bonds  of. 

Ords.,  Art.  41,  Sec.  34. 
1208-1209 


physicians  (''See  Dead 
Bodies 

Police  Commissioners. 

Acts,  Sec.  740 448 

police ; when  board  may 
require  bond. 

Acts,  Sec.  749 462 


privy  cleaners,  bond  of. 

Ords.,  Art.  14,  Sec.  142..  840 
— relating  to  bonds  of. 

Ords.,  Art.  41,  Sec.  45, 
1213-1213 


Page 

BONDS- (Cont’d). 

public  printer,  bond  of. 

Acts,  Sec.  208 210 

purchaser  of  property  taken 
in  opening  streets,  etc.,  to 
give. 

Acts,  Sec.  176 

Quarantine  Hospital  Physi- 
cian; bond  of. 

Ords.,  Art.  14,  Sec.  161..  847 

Register  of  Wills,  to  bond  in 


sum  of  130,000. 

Acts,  Sec.  354 281 

— approval  of  bond. 

Acts,  Sec.  355 282 

steam  boiler  inspectors. 

Acts,  Sec.  572 349 


street  cleaners,  paymaster  of. 

Ords.,  Art.  36,  Sec.  16....1146 

Street  Cleaning,  Commission- 
er of. 

Ords.,  Art.  36,  Sec.  1 1140 

subordinates  of  Water  Board. 


Ords.,  Ard.  40,  Sec.  3.. 

1178 

suits — municipal . 

Ords.,  Art.  1,  Sec.  1 

571 

suits  on;  cases  cited,  note.. 

583 

Superior  Court;  clerk  of. 
Acts,  Sec.  357 

.282-283 

Superintendent  of  Public 
Buildings. 

Ords.,  Art.  28,  Sec.  1 1004 


Surveyor;  conditions  of. 

Ords.,  Art.  36,  Sec.  1 1148 

treasurer  of  Police  Commis- 
sioners. 

Acts,  Sec.  752 464 

trustee  under  decree  for  sale 
of  mortgaged  premises. 

Acts,  See.  720 434 

BONDS,  STOCKS,  ETC., 

exemption  from  taxation  of. 

Acts,  Sec.  6 84 

issues  of,  chronological  list  of. 

Ords.,  Art.  34,  Sec.  19....1082 


BONE  DEALERS. 


BRICK  OR  TILE. 


1322 


Page 

BONE  DEALERS, 

not  permitted  to  keep  green 
bones  over  twelve  hours; 
offensive  bones  prohibited. 
Ords.,  Art.  14,  Sec.  92....  825 

BONE  FACTORIES  AND 
COPAL  VARNISH, 

consent  of  Mayor  and  City 
Council, necessary  for  estab- 
lishment of. 

Ords.,  Art.  14,  Sec.  67 817 

BONES, 

See  '’'Health''' . 

Ords.,  Art.  14,  Sec.  92,  825 

BOOKS,  MAPS  AND  STA- 
TIONERY, 

See  "Auctioneers"  and  "Li- 
brarian. ' ' 

auctions  of. 

Acts,  Sec.  244 234 

character  of,  for  school  libra- 
ries. 

Ords.,  Art.  32,  Sec.  10 1046 

school  books,  recovery  of, 
from  former  pupils. 

Ords.,  Art  32,  Sec.  8 1045 

1046 

schools,  free  to  city  pupils  in. 

Ords.,  Art.  32,  Sec.  32.... 1054 

BOOKS  OF  REGISTRY, 

See  "Primary  Election." 

App.  C,  Sec.  1 1271 

BOSTON  STREET, 

locomotives  to  be  used  on. 

Ords.,  Art.  30,  Secs.  13. ...1019 

BOUNDARIES, 

Burnt  District,  limits  of, 

App.  A,  Sec.  30 1258-1259 

BOUNDARY  AVENUE, 

cattle,  driving  through,  pro- 
hibited. 

Ords.,  Art.  25,  Sec.  26 967 

968 


Page 

BOWLING  ALLEYS  AND 
SALOONS, 

closing  hours  for;  minors  not 
to  plav. 

Ords.,  Art.  25,  Secs.  3-4..  962 
licenses;  for  penalty. 

Ords.,  Art.  41,  Secs.  4....1197 

licensee  to  receive  assent  of 


owners. 

Ords.,  Art.  41,  Sec.  5 1197 

BOWLY’S  WHARF, 

vehicles,  stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  31 692 

BOXING  EXHIBITIONS, 

permit  required,  penalty. 

Ords.,  Art.  25,  Sec.  102  ...  992 

BOYS’  HOME, 


object  to  raise  homeless  boy’s 
as  parent  would. 

Acts,  Sec.  885  560 

BOY’S  HOME  SOCIETY  OF 
BALTIMORE  CITY, 

See  ‘ 'Houses  of  Refuge  and 
Reformation. ' ' 

BRANDING  WEIGHTS  AND 
MEASURES, 

dry  measures,  symbol, 
counterfeiting  penalty. 

Ords.,  Art.  17,  Sec.  11....  879 
880 

BREAD, 

See  ' 'Inspections.,  Weights  and 


Measures.  ’ ’ 

bakeries,  inspectors  of. 

Acts,  Sec.  73 139 

inspection  and  sale  of. 

Acts,  Sec.  6 55 

BREADTH  OF  WHEELS, 

power  to  regulate. 

Acts,  Sec.  6 47 


BRICK  OR  TILE  MANU- 
FACTORIES, 

permit,  notice  of  application 
for,  penalty. 

Ords.,  Art.  14,  Sec.  76....  820 


BUILDINGS.  1323  BUILDINGS. 


Page 

BRICKS,  LUMBER,  ETC.,  IN 
STREETS, 

signals  required  on. 

Ords.,  Art.  35,  Sec.  112..1135 

BRICK-LAYING, 

See  '‘'‘Buildings.'" 

BRIDGES, 

See  '‘'‘Railroads  and  Rail- 
ways'" '‘'‘Streets,  Bridges 
and  Highways'"  "Streets 
and  City  Engineer." 

agreements  with  Count}^ 
Commissioners  to  purchase 


or  maintain. 

Acts,  Sec.  6 82 

city  may  purchase. 

Acts,  Sec.  6 82 


removal  of  snow  from. 

Ords.,Art.36,Sec.  2..1140-1141 

BRIDGES  IN  ANNEX, 

county  bridges  in;  to  be  com- 
pleted by  city. 

Acts,  Sec.  839 528-529 

BRIDGE  TENDER, 

See  "‘Jones''  Falls." 

Ords.,  Art.  18,  Sec.  6 890 

BROADWAY, 

vehicles;  stands  for  prohib- 
ited. 

Ords.,  Art.  4,  Sec.  32 591 

BROADWAY  AND  LOCUST 
POINT  FERRY  COMPANY, 

See  "Ferries." 

BROADWAY  MARKET, 

provisions  relating  to. 

Ords.,  Art. 23,  Secs.  65-69 
938-940 

BROADWAY  WHARF, 

See  '‘'Ferries." 

BROKERS, 

licenses  of. 

Acts,  Sec.  6 61 

BROKERS,  REAL  ESTATE, 

See  "Licenses." 


Page 

BRUNSWICK  STREET, 

cattle,  when  to  be  driven  on. 

Ords.,  Art.  25,  Sec.  29....  968 

BUILDING  MATERIALS  IN 
STREETS, 

police  regulations,  conditions 
of  privilege,  penalty. 

Ords.,  Art.  25,  Sec.  74....  982 

safety  regulations  for. 

Ords.,  Art.  35,  Sec.  112, 
1134-1135 

BUILDING  LAWS  AND  REG- 
ULATIONS, 

Inspector  of  Buildings  to  en- 
force. 

Acts,  Sec.  82 142 

BUILDING  LINE  IN  ANNEX, 

Annex  Improvement  Com- 
mission to  fix. 

Acts,  Sec.  §841c 532 

BUILDING  OPERATIONS, 

water  for,  notice  to  Collector 
of  Water  Rents  and  Licens- 
es; penalty. 

Ords., Art. 40,Sec.  71..179-1180 
BUILDING  PERMITS, 
holder  to  exhibit  to  police; 


penalty. 

Ords.,  Art.  25,  Sec.  7 963 

BUILDING  REGULATIONS, 

area  in  which  operative, 

{See  "Buildings."') 

Ords.,  Art.  3,  Sec.  4 600 

BUILDINGS, 


See  "Fire;"  "Fire  De- 
partment'," "Fire  Regula- 
tions;" ' 'Inspector  of  Build- 
ings" and  "Permits." 

Appeals  from  Inspector  of 


Buildings. 

— commission  in  appeals. 

Ords.,  Art.  3.  Sec.  2 599 

— compensation  of  commis- 
sioners. 

Ords.,  Art.  3,  Sec.  2 599 


— decision  of  Commission 

binding. 

Ords.,  Art.  3,  Sec.  2 


599 


BUILDINGS. 


BUILDINGS. 


Page 


1324 


Page 

BUlLDINGS-(Cont’d). 

Appeals — (Cont’d  ) . 

— Examining  Commission, 

fees. 

Ords.,  Art.  3,  Sec.  2 599 

— time  limit  for  appeals. 

Ords.,  Art.  3,  Sec.  2 599 

— to  be  in  writing. 

Ords.,  Art.  3,  Sec.  2 599 

alterations  and  repairs. 
Board  of  Estimates  to  ap- 
prove when  outside  of 
building  line. 

Ords.,  Art.  3,  Sec.  11 603 

— existing  buildings,  not  to 
be  made  to  unlawfully. 

Ords.,  Art.  3,  Sec.  12....  604 
— permit  from  Inspector  of 
Buildings  required. 

Ords.,  Art.  3,  Sec.  11....  603 

Balconies,  Porches,  Bay  Windows, 
Bath  Rooms, 

— applications  and  permits. 

Ords.,  Art.  3,  Sec.  13....  604 
— bath  rooms  required. 

Ords.,  Art.  3,  Sec.  .14....  605 
— bath  rooms,  fee  for  permit. 

Ords.,  Art.  3,  Sec.  14....  605 
— bay  windows  of  wood. 

Ords.,  Art.  3,  Sec.  15.605-6 
— bow  windows  in  stores. 
Board  of  Estimates  to  ap- 
prove. 

Ords.,  Art.  3,  Sec.  17....  606 
— certificate  of  Comptroller 
to  payment  of  fees. 

Ords.,  Art.  3,  Secs.  17-19  606 
— construction  above  first 
floor. 

Ords.,  Art.  3,  Sec.  13 604 

—construction  beyond  build- 
ing line,  application  for 
permit. 

Ords.,  Art.  3,  Sec.  19....  606 
— erection  without,  or  at 
variance  with  permit; 
penalty. 

Ords.,  Art.  3,  Secs.  16-18  606 
— fee  for  permit. 

Ords.,  Art.  3,  See.  13...  604 
— horizontal  extent  of. 

Ords.,  Art.  3,  Sec.  13....  604 
— houses  requiring  bath 
rooms. 

Ords.,  Art.  3,  Sec.  14....  605 


BUILDINGS— (Cont’d). 

Balconies,  etc. — (Cont’d). 
—lateral  extent  of. 

Ords.,  Art.  3,  Sec.  13. ..  604 
— metal  and  wood  construc- 
tion. 

Ords.,  Art. 4,  Secs.  13, 14 

_ 605-05 

— oriel  windows  of  wood. 

Ords.,  Art.  3,  Sec.  15....605-6 
— party  line,  distance  from. 

Ords.,  Art.  3,  Secs.  13,14 

604-05 

— penalties  for  evasion  of 
provisions. 

Ords., Art.  3,  Secs.  16,  18 

606 

— projecting  bath  rooms. 

Ords.,  Art.  3,  Sec.  14....  606 
— permits  required. 

Ords.,  Art.  3,  Sec.  13....  604 
— restrictions  on  wooden 
construction. 

Ords.,  Art.  3,  Sec.  13....  604 
— walls  from  which  bath 
rooms  extend. 

Ords.,  Art.  3,  Sec.  14....  605 

Burnt  District,  not  to  conflict 
with  highway  lines  of. 

Ords.,  Art.  35,  Sec.  12....1094 

Cellars,  Basements,  etc., 

—basements. 

Ords.,  Art.  3,  Sec.  20 607 

— construction  in  damp 
ground. 

Ords.,  Art.  3,  Sec.  21....  607 
—definition  of  “cellar.” 

Ords.,  Art.  3,  Sec.  20....  607 
— dwellings  on  damp  ground. 

Ords.,  Art.  3,  Sec.  22....  607 
— ventilation  of. 

Ords.,  Art.  3,  Sec.  21....  607 

Chimneys,  Flues  and  Heating 
Apparatus, 

— air  flues,  not  to  be  used  for 
smoke. 

Ords.,  Art.  3,  Sec.  26,....  608 
— area  of  cliimneys,  etc. 

Ords.,  Art.  3,  Sec.  26.607-8 
— chimney  and  smoke  flue 
construction. 

Ords.,  Art.  3,  Sec.  27... .608-9 
— chimney  supports,  not  to 
remove. 

Ords.,  Art.  3,  Sec.  28 609 

— double  pipes  for  flues  and 
register  boxes. 

Ords.,  Art.  3,  Sec.  25....  608 


BUII.DINGS . 


1325 


BUII.DINGS. 


Page 


Page 


BUILDINGS— (Cont’d) . 


BUILDINGS-(Cont  d). 

Chimneys,  etc.  — (Cont’d) . 

— firebacks,  thickness  of. 

Ords.,  Art.  3,  Sec.  23. ...607-8 
— flues,  height  above  roof . 

Ords.,  Art.  3,  Sec.  23..607-8 
— flues,  smooth  and  clean 
on  inside. 

Ords.,  Art.  3,  Sec.  24....  608 
— furnace  smoke  pipes. 

Ords.,  Art.  3,  Sec.  30..609-10 
— furnace  tops,  construction 
of. 

Ords.,  Art.  3,  Sec.  32....  610 
— furnace  tops,  joists 
over. 

Ords.,  Art.  3,  Sec.  32....  610 
— girders  or  joists  of  wood. 

Ords.,  Art.  3,  Sec.  35....  611 
— gas,  etc.  pipes,  depthin  joists. 

Ords.,  Art.  3,  Sec.  34....  611 
— hearths,  arch  supports. 

Ords.,  Art.  3,  Sec.  28....  609 
— hot  air  ducts,  specifica- 
tions. 

Ords.,  Art.  3,  Sec.  25....  608 
— hot  air  register  settings. 

Ords.,  Art.  3,  Sec.  33..610-11 
— joists,  gas,  etc.,  pipes  let 
into. 

Ords.,  Art.  3,  Sec.  35.  ..  611 
— joists,  wooden,  in  division 
walls. 

Ords.,  Art.  3,  Sec.  35....  611 
— parging  mortar,  not  to  use. 

Ords.,  Art.  3,  Sec.  23....608-8 
— penalty  for  stove  pipes  in 
• wooden  partitions. 

Ords.,  Art.  3,  Sec.  36...  611 
— plastering  between  wood- 
work and  flues. 

Ords.,  Art.  3,  Sec.  26....  608 
— plastering  outside  of  flues. 

Ords.,  Art.  3,  Sec.  23....  607-8 
— register  boxes,  construc- 
tion. 

Ords.,  Art.  3,  Sec.  24....  608 
— registers,  specifications  for. 

Ords.,  Art.  3,  Sec.  33  610-11 
— school  buildings,  heating 
apparatus  in, 

Ords.,  Art.  3,  Sec.  31....  610 
—smoke,  flue  and  chimney 
specifications. 

Ords.,  Art.  3,  Sec.  27....  608 
— smoke,  flue  and  chimney 
supports. 

Ords.,  Art.  3,  Sec.  28 609 


Chimneys,  etc. —(Cont’d) . 

— smoke  pipes,  entering  flues 
and  partitions. 

Ords.,  Art.  3,  Sec.  29 609 

— stove  pipes  in  wooden  par- 
titions. 

Ords.,  Art.  3,  Sec.  36....  611 
— timbers  in  divi;  ion  walls. 

Ords.,  Art.  3,  Sec.  35 611 

— woodwork  against  flues, 
protection  of. 

Ords.,  Art.  3,  Sec.  26....  608 

Contracts,  specifications  to 
provide  for  inspection  by 
Inspector  of  Buildings. 

Ords., Art. 3, Sec.  3 599-600 

Drain  pipes  of,  permits  for. 

Ords.,  Art.  14,  Sec.  130..  837 

Electrical,  installation  and 
wiring,  {See  ‘ '"Inspector  of 
Buildings.  ’ ’ ) 

Ords.,  Art.  3,  Secs.  44-54 
604-608 

Elevators, 

— age  of  operators  of. 

Ords.,  Art.  3,  Sec.  68 625 

— appeals  from  orders  of 
Inspector  of  Buildings. 

Ords.,  Art.  3,  Sec.  73 626 

—automatic,  limiting  use  of. 

Ords.,  Art.  3,  Sec.  59..620-21 
— automatic  stops  for  hy- 
draulic machines. 

Ords.,  Art.  3,  Sec.  66....  624 
— buffer  springs. 

Ords.,  Art  3,  Sec.  60 621 

— carrying  capacity. 

Ords  , Art.  3,  Sec.  59,  620-621 
— cars,  specifications  for. 

Ords.,  Art.  3,  Sec.  62....622-3 
— certificate  to  be  posted  in. 

Ords.,  Art.  3,  Sec.  55  ...  618 
— certificate  to  issue  on 
completion. 

Ords.,  Art.  3,  Sec.  55....  618 
— classification  of  elevators. 

Ords.,  Art.  3,  Sec.  58 620 

— clearances. 

Ords.,  Art.  3,  Sec.  60 621 

— combination,  require- 
ments for. 

Ords.,  Art.  3,  Sec.  59..618-21 


BUII.DINGS. 


BUII.DINGS. 


BUILDINGS— Cont’d). 

Elevators — (Cont’d) . 

— construction,  permit  for. 

Ords.,  Art.  3,  Sec.  55... 

— counterweight  specifica- 
tions. 

Ords.,  Art.  3,  Sec.  60 

— counterweights,  frames  for. 

Ords.,  Art.  3,  Sec.  66 

— dangerous  materials,  not 
to  store  near. 

Ords.,  Art.  3,  Sec.  69 

— defective,  notice  to  owner 
to  repair. 

Ords.,  Art.  3,  Sec.  56 619 

— defective,  stoppage  until 
repaired,  penalty. 

Ords.,  Art.  3,  Sec.  57..619-20 
— doors,  specifications  for. 

Ords.,  Art.  3,  Sec.  62....622-3 
— drawings  and  models, 
builder  to  furnish. 

Ords.,  Art.  3,  Sec.  71 625 

— drums  and  sheaves. 

Ords.,  Art.  3,  Sec.  66 624 

— emergency  repairs,  notice 
of. 

Ords.,  Art.  3,  Sec.  67 624 

— enclosure  of  shafts,  clas- 
sification of,  first  class. 

Ords.,  Art.  3,  Sec.  61 622 

— enclosure  of  second  class. 

Ords.,  Art.  3,  Sec.  62..  622-3 
— examination  of,  tri- 
monthly. 

Ords.,  Art.  3,  Sec.  57 619 

— explosives  near,  prohibited. 

Ords.,  Art.  3,  Sec.  69 625 

— fines  and  penalties,  proviso. 

Ords.,  Art.  3,  Sec.  74 626 

— fire-doors  for  hatches. 

Ords.,  Art.  3,  Sec.  61 622 

— freight  elevators,  specifi- 
cations. 

Ords.,  Art.  3,  Sec.  59....620-1 
— guards  for  sidewalk  eleva- 
tors. 

Ords.,  Art.  3,  Sec.  65.... 

623-624 

— hatches,  fire-doors  for. 

Ords.,  Art.  3,  Sec.  61 622 

— hydraulic  machines,  auto- 
matic stops  for. 

Ords.,  Art.  3,  Sec.  66 624 

— inflammable  materials  near, 
prohibited. 

Ords.,  Art.  5,  Sec.  69 625 

— inspection  by  appointed 
inspectors. 

Ords.,  Art.  3,  Sec.  57 619 


BUILDINGS— (Cont’d). 

Elevators — ( Cont  ’ d) . 

— inspection  during  construc- 
tion. 

Ords.,  Art.  3,  Sec.  55 618 

—inspection  of  existing 
elevators. 

Ords.,  Art.  3,  Sec.  56 619 

— machinery,  specifications 
for. 

Ords.,  Art.  3,  Sec.  66 624 

— miscellaneous,  types  of. 

Ords.,  Art.  3,  Sec.  72....625-6 
— models  of,  builders  to 
furnish. 

Ords.,  Art.  3,  Sec.  71 625 

— notices  in  cars  to  be  uni- 
form. 

Ords.,  Art.  3,  Sec.  70 624 

— notice  to  Inspector  of 
Buildings  of  emergency 
repairs  made. 

Ords.,  Art.  3,  Sec.  67 624 

—operators,  age  of,  proviso. 

Ords.,  Art.  3,  Sec.  68 625 

— overhead  gratings. 

Ords.,  Art.  3,  Sec.  64 623 

— passenger  elevators,  ca- 
pacity. 

Ords.,  Art.  3,  Sec.  59 620 

— penalties  and  fines,  proviso. 

Ords.,  Art.  3,  Sec.  74 626 

— penalty  for  disregard  of 
orders  of  inspectors 

Ords.,  Art.  3,  Sec.  57..614-20 
— permit  for  construction. 

Ords.,  Art.  3,  Sec.  55..618-19 
— permit  for  repairs. 

Ords.,  Art.  3,  Sec.  67 624 

— register  of. 

Ords.,  Art.  3,  Sec.  56 619 

— repairs,  penalty  for  failure 
to  make. 

Ords.,  Art.  3,  Sec.  57..619-20 
— repairs,  when  permit  for 
required. 

Ords.,  Art.  3,  Sec.  67 624 

— report  of  inspectors,  what 
to  show. 

Ords.,  Art.  3,  Sec.  57 619 

—report  of  location  by  own- 
er 

Ords.,  Art.  3,  Sec.  56 619 

— return  of  permit  on  com- 
pletion of  work. 

Ords.,  Art.  3,  Sec.  55 618 

— safety  appliances. 

Ords.,  Art.  3,  Sec.  65....623-4 
— safe  weights  to  be  posted. 

Ords.,  Art.  3,  Sec.  59....620-1 


1326 
Page 

618 

621 
624 

624 


BUILDINGS. 


BUILDINGS. 


Page 


1327 


Page 

BUILDINGS— (Cont’d) . 

Elevators( — Cont’d). 

— shafts,  enclosure  of. 

Ords. , Art.3,Secs.61-2....622-3 
— sheaves  and  drums. 

Ords.,  Art.  3,  Sec.  66 624 

— sidewalk  elevator  guards. 

Ords.,  Art.  3,  Sec.  65-  . .623-4 
— signs  in,  to  be  uniform. 

Ords.,  Art.  3,  Sec.  70 625 

— speed  governors. 

Ords., Art. 3,  Sec.  65..  623-624 
— stairways  around  shafts, 
fireproof  partition  be- 
tween. 


Ords.,  Art.  3,  Sec.  63 623 

— storage  of  inflammable 
material  near,  prohibited. 

Ords.,  Art.  3,  Sec.  69 625 

— trap-doors  of  hatches. 

Ords.,  Art.  3,  Sec.  61 622 


— window  openings  to 
shafts,  protection  of. 

Ords.,  Art.  3,  Sec.  62... .622-3 

encroachments,  removal  on 
notice. 

Ords.,  Art.  3,  Sec.  102.  ..  634 

exits  and  egress  from  build- 
ings, of  public  assem- 
blage to  be  examined  by 


police. 

Acts,  Sec.  280 252 

exits  of,  when  to  be  kept  open; 
penalty. 

Acts,  Sec.  280 252 


Fences, 

— advertising  fences  above 
twenty  feet  high  prohibit- 
ed. 

Ords.,  Art.  3,  Sec.  77 627 

— partition  fences,  payment 
of  cost  of. 

Ords.,  Art.  3,  Sec.  75 626 

— penalties  for  illegal  con- 
struction . 

Ords.,  Art.  3,  Sec.  78 627 

— permit  for  walls,  or  sign- 
boards over  six  feet 
square,  required. 

Ords.,  Art.  3,  Sec.  76. ...626-7 

fireproof  construction,  defi- 
nition of. 

Ords.,  Art.  3,  Sec.  95 632 

fireproofing — approval  of  by 
Inspector  of  Buildings. 

Ords.,  Art.  3,  Sec.  97 633 


BUILDINGS— ( Cont  ’d) . 

Fire  Regulations, 

— alarms,  fire,  buildings  re- 
quiring. 

Ords.,  Art.  3,  Sec.  83 628 

— bakeries,  steam,  to  have 
spark  catchers. 

Ords.,  Art.  3,  Sec.  86..629-30 
— buildings  of  a public  charac- 
ter, egress  from, 

Ords.,  Art.  3,  Sec.  84 629 

- buildings  requiring  fire 
escapes. 

Ords.,  Art.  3,  Sec.  83 628 

— buildings  requiring  fire- 
proof construction. 

Ords.,  Art.  3,  Sec.  82 628 

— Board  of  Fire  Commis- 
sioners to  approve  fire 
protection, 

Ords.,  Art.  3,  Sec.  85 629 

— fireproofing  materials, 
buildings  requiring. 

Ords.,  Art.  3,  Sec.  82 628 

— fireproof  shutters,  build- 
ings requiring. 

Ords.,  Art.  3,  Sec.  79 627 

— fire  doors,  construction. 

Ords.,  Art.  3,  Sec.  80 627 

— fire  escapes  and  alarms, 
buildings  requiring. 

Ords.,  Art.  3,  Sec.  83 628 

— frames  and  sashes  of  wire 
glass,  fire  shutters  not 
required. 

Ords.,  Art.  3,  Sec.  81 628 

— furnaces  to  have  spark 
catchers. 

Ords.,  Art.  3,  Sec.  86 629 

— maintenance  of  fire  es- 
capes, owners  liable. 

Ords.,  Art.  3,  Sec.  83 628 

— obstructions  on  fire-es- 
capes, prohibited. 

Ords.,  Art.  3,  Sec.  83 628 

— precautions  in  case  of  fire. 

Ords.,  Art.  3,  Secs.  84,  85  629 
— shutters,  fire-proof,  where 
required. 

Ords.,  Art.  3,  Sec.  79......  627 

— spark  catchers,  where  re- 
quired. 

Ords.,  Art.  3,  Sec.  86 628 

— stairways  of  fireproof 
material. 

Ords.,  Art.  3,  Sec.  82 628 

— steam  engines,  spark  catch- 
ers for  stacks  of. 

Ords.,  Art.  3,  Sec.  86 629 


BUILDINGS. 


BUILDINGS. 


Page 


1328 


Page 

BUILDlNGS-(Cont’d). 

Fire  Regulations — (Cont’d). 

— window  frames  and  sashes 
of  wire  glass,  require  no 
shutters. 

Ords.,  Art.  3,  Sec.  81 — 628 

Furnaces  and  Heating 
Apparatus, 

— ash  boxes,  other  than  iron, 
prohibited,  penalty. 

Ords.,  Art.  3,  Sec.  42 613 

— chimneys  causing  annoy- 
ance and  danger,  removal 
of. 

Ords.,  Art.  3,  Sec.  43 613 

— defective  apparatus,  dela^'^ 
in  repairing,  penalty. 

Ords.,  Art.  3,  Sec.  40....  612 
613 

— inspection  of. 

Ords.,  Art  3,  Sec.  37. ...  611 

612 

— installation  of,  permit. 

Ords.,  Art.  3,  Sec.  38...  612 
— obstructing  inspection  of, 
penalty. 

Ords.,  Art.  3,  Sec.  39 612 

— permit,  return  of. 

Ords.,  Art.  3,  Sec.  38  ...  612 
— permit  return  of,  penalty 
for  retention. 

Ords.,  Art.  3,  Sec. 41 613 

Frame  Sheds  and  Wooden 
Buildings, 

— advertisement  of  application 
for  permit. 

Ords.,  Art.  3,  Sec.  88....  630 
— appeal  from  order  of  In- 
spector of  Buildings  in 
damage  by  fire. 

Ords.,  Art.  3,  Sec.  92....  631 
— bath-rooms,  not  to  connect 
with. 

Ords.,  Art.  3,  Sec.  88  ...  630 
— damage  to  wooden  build- 
ings by  fire. 

Ords.,  Art.  3,  Sec.  92....  631 
—distance  between  sheds. 

Ords.,  Art.  3,  Sec.  89 631 

— fee  for  permit. 

Ords.,  Art.  3,  Sec.  87....  630 
— fire  protection  of. 

Art.  3,  Sec.  89 631 

— habitation,  not  to  use  as. 

Ords.,  Art.  3,  Sec.  87....  630 
— height,  limit  of  . 

Ords.,  Art.  3,  Sec.  88....  630 


BUILDINGS— (Cont’d). 

Frames,  Sheds,  etc. — (Cont’d). 

— lathing  on  inside,  permit 
for. 

Ords.,  Art.  3,  Sec.  91....  631 
— permit  for  erection. 

Ords.,  Art.  3,  Sec.  87....  630 
— plastering  inside  of,  permit 
for, 

Ords.,  Art.  3,  Sec.  91....  631 
— rebuilding  when  damaged 
by  fire. 

Ords.,  Art.  3,  Sec.  92....  631 
— revocation  of  permit,  re- 
moval of  sheds. 

Ords.,  Art.  3,  Sec.  90....  631 
— sheds  for  storage  and  manu- 
facturing purposes. 

Ords..  Art.  3,  Sec.  88...  630 
— stables,  sheds  as,  consent  of 
propertv  owners. 

Ords.,  Art.  3,  Sec.  90....  631 
— wooden  and  frame  build- 
ings, damaged  by  fire, 
not  to  rebuild. 

Ords.,  Art.  3,  Sec.  92.  ..  631 

General  Powers, 


— awnings,  construction  of. 

Acts,  Sec.  6 46 

— bay  windows. 

Acts,  Sec.  6 46 

— bow  windows. 

Acts,  Sec.  6 46 

— bricks,  to  fix  size  of. 

Acts,  Sec.  6 45 

— burnt  district,  building  re- 
strictions in. 

Acts,  Sec.  6 46 

— construction  and  repair  of 
buildings. 

Acts,  Sec.  6 46 

— dangerous  and  u n s af  e 
structures. 

Acts,  Sec.  6 46 

— dwellings,  lots,  yards  and 
enclosures,  examination 
and  sanitary  inspection 
of. 

Acts,  Sec.  6 45 

— height  of  buildings  regu- 
lated. 

Acts,  Sec,  6 46 

— inspections,  fire  and  heating 
apparatus. 

Acts,  Sec.  6 45 

— piers,  and  porticos. 

Acts,  Sec.  6 


46 


BUILDINGS. 


BUILDINGS. 


Page 


1329 


Page 

BUILDINGS— (Cont’d). 

Frames,  Sheds,  etc. — (Cont’d). 


— removal  of  dangerous  and 
unsafe  buildings. 

Acts,  Sec.  6 46 

— sanitary  inspection  of  build- 
ings. 

Acts,  Sec.  6 45 

— smoke,  to  regulate  con- 
sumption of. 

Acts,  Sec.  6 46 

— steps  and  signs. 

Acts,  Sec.  6 46 

— show  windows. 

Acts,  Sec.  6 46 

— walls,  fire,  parapet  and 
party  v,'alls,  regulation  of 
same. 

Acts,  Sec.  6 45 

— wooden  and  frame  build- 
ings, power  to  regulate  or 

prohibit  erection  of  same. 

Acts,  Sec.  6 46 

gutters  and  spouting,  own- 
ers to  provide  proper. 


Ords..  Art.  3,  Sec.  8 602 

— penalty  for  failure  to  pro- 
vide. 

Ords.,  Art.  3,  Sec.  8 602 

height  of  buildings,  stories 
and  walls, 

— additions  to  height  of  exist- 
ing buildings. 

Ords.,  Art.  3,  Sec.  98 633 

— height  of  fireproof  build- 
ings. 

Ords.,  Art.  3,  Sec.  96....  632 
— height  of  non-fireproof 
buildings. 

Ords  , Art.  3,  Sec.  94....  632 
— height  of  stories. 

Ords.,  Art.  3,  Sec.  101....  634 
—height  of  walls  from  kerb 
level. 

Ords.,  Art.  3,  Sec.  93 632 

insane  asylums,  erection  and 
use  as  prohibited. 

Ords.,  Art.  16,  Secs.  1, 

2 869 

Iron  and  Steel  Construction, 

— alley  bars. 

Ords.,  Art.  3,  Sec.  111....  641 
— anchors  for  beams. 

Ords.,  Art.  3,  Sec.  106.. .638 
— blowholes  or  imperfections. 

Ords.,  Art.  3,  Sec.  103..  636 
— bolt  connections. 

Ords.,  Art.  3,  Sec.  109....  640 


BUILDINGS-(Cont’d). 

Iron  and  Steel  Const. — (Cont’d). 
— bolting  riveted  trusses. 

Ords.,  Art.  3,  Sec.  110....  641 
— bolts  for  beams  used  in 
pairs. 

Ords.,  Art.  3,  Sec.  104  ...  638 
— buckling  of  girders,  preven- 
tion. 

Ords.,  Art.  3,  Sec.  104....  637 
— cast  iron  or  metal  fronts. 

Ords.,  Art.  3,  Sec.  112....  642 
— columns,  fireproof  protec- 
tion. 

Ords.,  Art.  3,  Sec.  103  ...  634 
— core  of  columns. 

Ords.,  Art.  3,  Sec.  103....  636 
— diameter  and  thickness  of 
cast  iron  columns. 

Ords.,  Art.  3,  Sec.  103  ...  636 
—double  columns  to  meet 
exigencies. 

Ords.,  Art.  3.  Sec.  103....  637 
— eye  bars. 

Ords.,  Art.  3,  Sec.  111....  641 
— floor  and  roof  beams. 

Ords.,  Art.  3,  Sec.  106....  638 
— framed  beams. 

Ords.,  Art.  3,  Sec.  107....  639 
— girders  in  enclosure  walls, 
protection  of. 

Ords.,  Art.  3,  Sec.  103....  635 
— iron  or  steel  below  water 
level. 

Ords.,  Art.  3,  Sec.  112..  642 
— lateral  or  sway  bracing. 

Ords.,  Art.  3,  Sec.  110....  640 
— lintel  bearings. 

Ords.,  Art.  3,  Sec.  105....  638 
— metal  or  cast  iron  fronts. 

Ords.,  Art.  3,  Sec.  112....  642 
— painting  steel  work. 

Ords.,  Art.  3,  Sec.  112  ...  642 
— pin  connected  trusses,  pins 
and  pin  holes,  pin  plates. 

Ords.,  Art.  3,  Sec.  111....  641 
— rivet  holes,  distance  from 
edge  of  material. 

Ords.,  Art.  3,  Sec.  108.  ..  639 
— rivetting  specifications. 

Ords.,  Art.  3,  Sec.  108....  639 
— rivets,  splices,  etc. 

Ords.,  Art.  3,  Sec.  104....  637 
— shoes  for  columns. 

Ords.,  Art.  3,  Sec.  103....  637 
— specifications  for  columns. 

Ords.,  Art.  3,  Sec.  103  ...  635 
— stresses  on  trusses. 

Ords.,  Art.  3,  Sec.  110 ...  640 


BUILDINGS. 


BUILDINGS. 


1330 


Page 

BUILDINGS— Cont’d). 

Iron  and  Steel  Const. — (Cont’d). 
— suspenders. 

Ords.,  Art.  3,  Sec.  109...  640 
— tension  members  of  trusses. 

Ords.,  Art.  3,  Sec.  110....  640 
— trimmer  beams,  iron  or 
steel. 

Ords.,  Art.  3,  Sec.  107....  639 

— trusses,  pin  connected. 

Ords.,  Art.  3,  Sec.  111....  641 
— trusses,  stresses  in. 

Ords.,  Art.  3,  Sec.  110....  640 
— water  level,  iron  or  steel 
below. 

Ords.,  Art.  3,  Sec.  112....  642 

litigation  in  relation  to. 

Acts.  Sec.  6,  notes 47 

loads  on  floors,  weights  and 
strains. 

— apartment  houses,  ball 

rooms,  etc. 

Ords.,  Art.  3,  Sec.  115....  643 
— capacity  of  girders,  etc.,  to 
be  stamped  thereon. 

Ords.,  Art.  3,  Sec.  119....  645 
— columns  and  foundations. 

Ords.,  Art.  3,  Sec.  115....  644 
— dwellings,  hotels,  etc. 

Ords.,  Art.  3,  Sec.  115....  643 
— factor  of  safety. 

Ords.,  Art.  3,  Sec.  118....  645 
— floors. 

Ords.,  Art.  3,  Sec.  115....  643 
— heavy  machinery  and 
weights  on  floors,  permits 
for. 

Ords.,  Art.  3,  Sec.  117....  645 
— joists,  specifications,  spac- 
ing. 

Ords.,  Art.  3,  Sec.  113....  642 
— live  load  defined. 

Ords.,  Art.  3,  Sec.  115....  643 
— machinery,  safes,  etc.,  on 
floors,  permit  for. 

Ords.,  Art.  3,  Sec.  117...  645 
— minimum  live  load. 

Ords.,  Art.  3,  Sec.  115....  643 
— office  buildings,  concen- 
trated load,  distributed 
load. 

Ords.,  Art.  3,  Sec.  115....  643 
— owners  to  post  maximum 
safe  load. 

Ords.,  Art.  3,  Sec.  116....  645 

- posting  safe  storage 

weights. 

Ords.,  Art.  3,  Sec.  116....  645 


Page 

BUILDINGS— (Cont’d). 

Loads  on  Floors,  etc. — (Cont’d). 
—roofs,  ordinary,  loads  to 
carry. 

Ords.,  Art.  3,  Sec.  115....  644 
— roofs,  large,  live  load,  wind 
pressure. 

Ords.,  Art.  3,  Sec.  115....  644 
— safe  weights  for  floors  of 
stores,  warehouses,  etc. 

Ords.,  Art.  3,  Sec.  114....  642 
— safes,  machinery,  etc.,  per- 
mit to  install. 

Ords.,  Art.  3,  Sec.  117....  645 
— safe  weights  for  floors, 
schedule  of. 

Ords.,  Art.  3,  Sec.  115....  643 
—stables  and  carriage  houses. 

Ords.,  Art.  3,  Sec.  115....  643 
— tenements,  floor  loads. 

Ords.,  Art  3,  Sec.  115....  643 
— warehouses. 

Ords.,  Art.  3,  Sec.  114....  642 
— wind  pressure. 

Ords.,  Art.  3,  Sec.  115....  644 
— low  buildings. 

Ords.,  Art.  3,  Sec.  100....  633 

market  houses,  inspection 
of;  Inspector  of  Buildings 
to  make  annual  report  of. 

Ords.,  Art.  3,  Sec.  9 603 

numbering  houses,  errors 

and  irregularity  in,  pen- 
alty. 

Ords.,  Art.  3,  Sec.  120....  646 
— numbering  of,  correction  of 
errors  in. 

Ords.,  Art.  39,  Sec.  11....1175 

obstruction  of  aisles  or 
passage-ways  in  buildings 
of  public  assemblage  pro- 
hibited; penalty. 

Acts,  Sec.  280 251-253 

owners  of  to  provide  for 
drainage  from,  penalty. 

Ords.,  Art.  14,  Sec.  150..  843 
penalty  relating  to  obstruc- 
tion of  egress  and  exits 
from. 

Acts,  Sec.  280 252 

Permits  For, 

— alterations  and  repairs. 

Ords.,  Art.  3,  Sec.  11. .603  604 
— Appeal  Tax  Court  to  issue. 

Ords.,  Art.  3,  Sec.  5.-..600-601 
— application  filed  as  record. 

Ords.,  Art.  3,  Sec.  5....600-601 


BUILDINGS. 


BUILDINGS. 


Page 


1331 


Page 

BUILDINGS— (Cont’d) . 

Permits  for — (Cont’d). 

— application  for,  by  whom 
signed. 

Ords.,  Art.  3,  Sec.  5,  600-601 
— awnings. 

Ords.,  Art.  3,  Sec.  134  ...  651 
— balconies,  porches,  etc. 

Qrds.,  Art.  3,  Sec.  13....  604 
— bathrooms . 

Ords.,  Art.  3,  Sec.  13 604 

— conformity  to  building  re- 
quirements necessary. 

Ords.,  Art.  3,  vSec.  5,  600-601 
— consent  of  property  owners, 
record  of. 

Ords.,  Art.  3,  Sec.  5,  600-601 
— electrical  installation  and 
wiring. 

. Ords.,  Art.  3,  Sec.  45....  614 
— elevators,  permits  for  con- 
struction. 

Ords.,  Art.  3,  Sec.  55.  ..  618 
619 

— elevators,  permits  for  re- 
pairs. 

Ords.,  Art.  3,  Sec.  67.  ..  624 
— existing  structures,  ad- 
ditions and  alterations  to. 
Ords.,  Art.  38,  Secs.  17, 

19 1161-1162 

— fences. 

Ords.,  Art.  3,  Sec.  76....  626 

627 

— frame  sheds  and  wooden 
buildings. 

Ords.,  Art.  3,  Sec.  87  ...  630 
— furnaces. 

Ords.,  Art.  3,  Secs.  38- 

41 612-613 

— gasoline  storage  tanks. 

Ords.,  Art.  11,  Sec.  76....  762 
— grade  lines,  establi.shment 
of  before  issuing  permits. 
Ords.,  Art.  35,  Secs.  50- 

53 1108-1109 

— heating  apparatus. 

Ords.,  Art.  3,  Sec.  38 612 

— new  structures. 

Ords.,  Art.  3,  Sec.  5. .600-601 
Ords.,  Art.  38,  Secs.  17- 

21 1161-1163 

— official  stamp  on  plans  and 
specifications. 

Ords.,  Art.  3,  Sec.  5 600 

601 

— plans  and  specifications, 
return  to  applicant. 

Ords.,  Art.  3,  Sec.  5 600 

601 


BUILDINGS— (Cont’d) . 

Permits  for — (Cont’d). 

— porches,  balconies,  etc. 

Ords.,  Art.  3,  Sec.  13...  604 


— consent  of  property  owners. 
Ords.,  Art.  3,  Sec.  5 — 600 

601 

— record  of. 

Ords.,  Art.  3,  Sec.  5 600 

601 

— safes,  machinery  and 
weights. 

Ords.,  Art.  3,  Sec.  117...  645 
— signs  and  bill  boards. 

Ords.,  Art.  3,  Sec.  6 626 

627 


— specifications  and  drawings 
to  accompany  application. 

Ords.,  Art.  3,  Sec.  5 600 

601 


— stables. 

Ords.,  Art.  3,  Secs.  136- 
137 652 


— steam,  gas  and  gasoline 
engines  and  machiner3^ 
Ords.,  Art.  3,  Secs.  139- 
149 653-657 


— storage  sheds. 

Ords.,  Art.  3,  Sec.  88 680 

— vaults  and  areas. 

Ords.,  Art.  3,  Secs.  154, 

155,  159,  160 659-661 

— wOoden  buildings. 

Ords.,  Art.  3,  Sec.  87....  630 


Plans  And  Specifications, 

— alter,  erase,  modify  plans 
stamped  by  Inspector  of 
Buildings,  unlawful. 

Ords.,  Art.  3,  Sec.  7 602 

— alteration  of  plans,  notice  to 
and  assent  of  Inspector  of 
Buildings. 

Ords.,  Art.  3,  Sec.  7 602 

— copies  of  plans  to  remain  on 
file  during  construction. 

Ords.,  Art.  3,  Sec.  6 602 

— permanent  retention  of 
plans  of  private  buildings 
not  required. 

Ords.,  Art.  3,  Sec.  6 602 

— plans  of  buildings  of  public 
character  to  be  perma- 
nently filed. 

Ords.,  Art.  3,  Sec.  6 602 

— police,  fire  regulations. 

Ords.,  Art.  25,  Secs.  32- 

35 969-970 


BUIl.DINGS. 


BUILDINGS. 


1332 


Page 

BUILDINGS— (Cont’d). 

Repairs  to  City  Buildings, 

— Inspector  of  Buildings  to 
make. 

Ords.,  Art.  3,  Sec.  10....  603 

Roofs,  Cornices  and  Scuttles, 

— bulkheads  instead  of  scut- 
tles. 

Ords.,  Art.  3.  Sec.  122...  647 
— cornices,  exterior,  specifica- 
tions, repairs  to. 

Ords.,  Art.  3,  Sec.  123....  648 
— cornices,  metal,  metal 

lookouts  for. 

Ords.,  Art.  3,  Sec.  124....  648 
— dormer  windows,  coverings 
of. 

Ords.,  Art.  3,  Sec.  121....  647 
— exits  through  roofs. 

Ords.,  Art.  3,  Sec.  122....  647 
— ^gutters,  specifications,  re- 
pairs to  wooden. 

Ords.,  Art.  3,  Sec.  123....  648 
— repairs  to  shingle  roofs. 

Ords.,  Art.  3,  Sec.  121....  647 
— roofs,  planking,  sheathing, 
covering  and  repairs  to. 

Ords.,  Art.  3,  Sec.  121....  647 
— scuttles,  frames,  doors, 
ladders  of. 

Ords.,  Art.  3,  Sec.  122....  647 
— shingle  roofs,  repairs  to. 

Ords.,  Art.  3.  Sec.  121.  ..  647 
— wooden  buildings,  roofs  of. 

Ords.,  Art.  3,  Sec.  121....  647 

Sanitary  And  Hygenic  Regula- 
tions, 

— apartment,  lodging  and 

tenement  houses. 

Ords.,  Art.  3,  Sec.  125....  648 
— basements,  use  as  sleeping 
rooms. 

Ords.,  Art.  3,  Sec.  128....  650 
— boarding,  lodging  and  tene- 
ment houses,  overcrowd- 
ing. 

Ords.,  Art.  3,  Sec.  129....  650 
— buildings,  wooden,  below 
street  level. 

Ords.,  Art.  3,  Sec.  132....  651 
— cesspools,  construction 
specifications. 

Ords.,  Art.  3,  Sec.  131....  650 
— Commissioner  of  Health  to 
approve  privy  wells. 

Ords.,  Art.  3,  Sec.  127....  649 


Page 

BUILDINGS— (Cont’d). 

Sanitary,  etc. — (Cont’d). 

— crowding  in  lodging,  etc., 
houses  prohibited. 

Ords.,  Art.  3,  Sec.  129....  650 
— damp  floors,  not  to  use  for 
sleeping. 

Ords.,  Art.  3,  Sec.  128....  650 
—drainage  from  dwellings 
etc. 

Ords.,  Art.  3,  Sec.  126...  649 
— dwellings,  sleeping  rooms 
in,  ventilation  of. 

Ords.,  Art.  3,  Sec.  125....  648 
— notice  to  owners  of  wooden 
buildings  below  street 
level. 

Ords.,  Art.  3,  Sec.  132....  651 
— penalty  for  disregard  of  • 
orders  of  Commissioner  of 
Health. 

Ords.,  Art.  3,  Sec.  132....  651 
— privies  of  dwellings,  etc., 
use  in  common. 

Ords.,  Art.  3,  Sec.  127....  649 
— privy  wells,  construction  of. 

Ords.,  Art.  3,  Sec.  127....  649 
— roofs  of  dwellings,  lodging 
houses,  etc.,  maintainence 
of. 

Ords.,  Art,  3,  Sec.  126....  649 
— sinks  of  public  schools, 
cleaning  of. 

Ords.,  Art.  3,  Sec.  130....  650 
— sleeping  rooms,  ventilation 
of. 

Ords.,  Art.  3,  Sec.  125....  648 
— transoms,  area  of. 

Ords.,  Art.  3,  Sec.  125....  648 
— ventilation  of  sleeping 
rooms. 

Ords.,  Art.  3,  Sec.  125....  648 
— water  closets  of  dwellings, 
etc.,  use  of  in  common 

Ords.,  Art.  3,  Sec.  127....  649 
— wells  used  in  privies,  re- 
quirements for. 

Ords.,  Art.  3,  Sec.  131....  651 
— wooden  buildings  below 
street  level,  to  raise  and 
underpin  with  stone, 
penalty. 

Ords.,  Art.  3,  Sec.  132....  651 
— yards,  grading  and  drain- 
age. 

Ords.,  Art.  3,  Sec.  127....  649 


BUILDINGS. 


BUILDINGS. 


Page 


1333 


Page 

BUILDINGS— (Cont’d) . 

Sidewalks, 

— awnings,  permit  fee. 

Ords.,  Art.  3,  Sec.  134....  651 
— grade  of  sidewalks. 

Ords.,  Art.  3,  Sec.  133.  ..  651 

Stables, 

— application  for  permit  to 
erect  or  alter,  publication 
of. 

Ords.,  Art.  3,  Sec.  136  ...  652 
— liver}",  consent  of  Mayor 
and  City  Council  to  erec- 
tion or  alteration. 

Ords.,  Art.  3,  Sec.  135....  651 
652 

— penalty  for  erection  with- 
out permit,  removal  of 
stables  so  erected. 

Ords.,  Art.  3,  Sec.  137....  652 
— temporary  sheds  for 

mechanics. 

Ords.,  Art.  3,  Sec.  99....  633 

Vaults  and  Areas, 

— alteration  and  repair  of 
cellar  doors,  permit,  pen- 
alty. 

Ords.,  Art.  3,  Sec.  159....  661 
— application  for  permit. 

Ords.,  Art.  3,  Sec.  155  ...  659 
— approval  of  construction 
by  Board  of  Estimates. 

Ords.,  Art.  3,  Sec.  154  ...  659 
— area  or  vault,  defined. 

Ords.,  Art.  3,  Sec.  156  ...  660 
— basements  and  cellars, 

entrance  to,  protection 
of,  penalty. 

Ords.,  Art.  3,  Sec.  157  ...  660 
— cellar  doors,  alteration 
and  repair,  permit,  pen- 
alty. 

Ords.,  Art.  3,  Sec.  159....  661 
— c ompletion  in  three 
weeks. 

Ords.,  Art.  3,  Sec.  155  ...  659 
— construction,  protection, 
during,  penalty. 

Ords.,  Art.  3,  Sec.  158  ...  660 
— cost  of  permit. 

Ords.,  Art.  3,  Sec.  155.  ..  659 
— covering  of  vaults,  etc.,  in 
accordance  with  permit, 
penalty. 

Ords.,  Art.  3,  Sec.  160.  ..  661 
— doors  and  grates  of  cellars. 

Ords.,  Art.  3,  Sec.  157  ...  660 


BUILDINGS -(Cont’d). 

Vaults  and  Areas — (Cont’d). 

— entrance  to  cellars  and  base- 
ments, protection  of,  pen- 
alty. 

Ords.,  Art.  3,  Sec.  157....  660 
— exceeding  permit,  effect  of. 

Ords.,  Art.  3.  Sec.  155  ...  659 
— extension  of  time  for  com- 
pletion. 

Ords.,  Art.  3,  Sec.  155.  ..  659 
— penalty  for  failure  to  pro- 
tect. 

Ords.,  Art.  3,  Sec.  157....  660 
— permit  for  construction. 

Ords.,  Art.  3,  Sec.  154..,.  659 
— protection  during  construc- 
tion, penaltv. 

Ords.,  Art.‘'3,  Sec.  158.  ..  660 
— railings  around  vaults  and 
areas,  penalty. 

Ords.,  Art.  3,  Sec.  157....  660 
— thickness  of  walls. 

Ords  , Art.  3,  Sec.  155....  659 
- -“vault”  or  “area”  defined. 

Ords.,  Art.  3.  Sec.  1.56.  ..  660 
Walls  of  Buildings. 

— anchoring  walls. 

Ords.,  Art.  3,  Sec.  198.  ..  678 
— arches,  brick,  between 
joists. 

Ords.,  Art.  3,  Sec.  199....  678 
— area  of  buildings  of  less 
than  three  stories. 

Ords.,  Art.  3,  Sec.  181....  671 
— area  of  buildings  without 
partition  walls. 

Ords.,  Art.  3,  Sec.  180....  671 
— ashler  stone,  less  than  four 
inches  thick. 

Ords.,  Art.  3,  Sec.  194....  677 
— base  courses,  specifications. 

Ords.,  Art.  3,  Sec.  161.  ..  661 
— bearing  walls,  thickness  of. 

Ords.,  Art.  3,  Sec.  174....  668 
— brick  arches  between  joists. 

Ords.,  Art.  3,  Sec.  199....  678 
— brick  walls  between  iron  or 
steel  columns. 

Ords.,  Art.  3,  Sec.  187....  673 
— brick  work,  specifications 
for. 

Ords.,  Art.  3,  Sec.  191.  ..  675 

Ords.,  Art.  3,  Sec.  195....  677 
— buildings  fronting  on  three 
streets,  area  of. 

Ords.,  Art.  3,  Sec.  180....  670 
— buildings,  government. 
Federal  or  State  exempt. 

Ords.,  Art.  3,  Sec.  202....  679 


BUIIvDINGS. 


BUII.DINGS. 


1334 


BUILDINGS— (Cont’d). 

Walls  of  Buildings — (Cont’d). 

— cellar  walls. 

Ords.,  Art.  3,  Sec.  170....  665 
— centre  walls,  between 
houses. 

Ords.,  Art.  3,  Sec.  175....  668 
— chases  in  walls. 

Ords.,  Art.  3,  Sec.  192....  676 
— clear  span,  additional  thick- 
ness for  increase  in. 

Ords.,  Art.  3,  Sec.  177.  ..  670 
— clear  span,  limit  of. 

Ords.,  Art.  3,  Sec.  172....  667 
— clear  span,  when  girders 
used. 

Ords.,  Art.  3,  Sec.  173.  ..  667 
— collection  of  fines. 

Ords.,  Art.  3,  Sec.  204....  680 
— concrete  walls,  specifica- 
tions. 

Ords.,  Art.  3,  Sec.  193....  676 
— construction  of  dwelling 
walls. 

Ords.,  Art.  3,  Sec.  171....  667 
— corner  buildings,  area  of. 

Ords.,  Art.  3,  Sec.  180....  670 
— cross  walls,  absence  of,  to 
increase  side  walls. 

Ords.,  Art.  3,  Sec.  182....  671 
— cost  of  repairing  party 
walls. 

Ords.,  Art.  3,  Sec.  166....  663 
— curtain  walls. 

Ords.,  Art.  3,  Sec.  187....  673 
— dangerous  walls.  Inspector 
of  Buildings  to  underpin. 

Ords.,  Art.  3,  Sec.  165....  663 
— division  walls. 

Ords.,  Art.  3,  Sec.  162....  662 
— door  and  window  openings. 

Ords.,  Art.  3,  Sec.  190....  674 
— “dwelling-house  walls”  de- 
fined. 

Ords.,  Art.  3,  Sec.  170....  665 
— erection  of  walls,  safety 
during. 

Ords.,  Art.  3,  Sec.  189.  ..  674 
— excavations  beyond  ten  feet, 
underpinning  adjoining 
walls. 

Ords.,  Art.  3,  Sec.  166....  663 
— excavations  less  than  ten 
feet,  underpinning. 

Ords.,  Art.  3,  Sec.  165....  663 
— face  brick  to  be  bonded 
with  brick. 

Ords.,  Art.  3,  Sec.  196....  677 


BUILDINGS— (Cont’d) . 

Walls  of  Buildings — (Cont’d). 

— Federal  and  State  construc- 
tion exempt. 

Ords.,  Art.  3,  Sec.  202....  679 
— fire  walls  of  two-story  build- 
ings. 

Ords.,  Art.  3,  Sec.  186....  673 
— floor  beams,  separation  of 
in  party  wall. 

Ords.,  Art.  3,  Sec.  175....  668 
— footings  of  walls. 

Ords.,  Art.  3,  Sec.  161....  661 

Ords.,  Art.  3,  Sec.  170....  665 
— foundation  walls, 

Ords.,  Art.  3,  Sec.  163....  662 
— framing  joists,  trimmers  and 
headers. 

Ords.,  Art.  3,  Sec.  200....  678 
— headers  in  brick  and  stone 
walls. 

Ords.,  Art.  3,  Sec.  197.  ..  677 
—hollow  walls. 

Ords.,  Art.  3,  Sec.  191....  675 
— independent  division  or  par- 
ty walls. 

Ords.,  Art.  3,  Sec.  169.  ..  664 
— joists,  anchorage  of. 

Ords.,  Art.  3,  Sec.  198....  678 
— joists,  framing  of. 

Ords.,  Art.  3,  Sec.  200....  678 
— limiting  area  of  buildings. 

Ords.,  Art.  3,  Sec.  181....  671 
— masonry  and  brickwork 
specifications. 

Ords,,  Art.  3,  Sec.  191....  675 
— miscellaneous  walls. 

Ords.,  Art.  3,  Sec.  178.  ..  670 
— mortar  and  sand  specifica- 
tions. 

Ords.,  Art.  3,  Sec.  201....  679 
— mortar  for  various  founda- 
tion walls. 

Ords.,  Art.  3,  Sec.  170....  665 
— non-bearing  walls,  mini- 
mum thickness. 

Ords.,  Art.  3,  Sec.  171....  667 
— notice  to  owner  to  under- 
pin party  wall. 

Ords,,  Art.  3,  Sec.  165  ...  663 
— one-story  structures,  walls 
of. 

Ords.,  Art.  3,  Sec.  184....  672 
— openings  for  doors  and  win- 
dows. 

Ords.,  Art,  3,  Sec,  190....  674 
— parapet  walls,  coping  of. 

Ords.,  Art.  3.  Sec.  191...  675 
— partition  walls,  fore  and  aft. 

Ords.,  Art.  3,  Sec.  171....  667 


BUILDINGS. 


BUILDINGS. 


Page 


1335 

BUILDINGS— (Cont’d). 


Page 

BUILDINGS— (Cont’d). 

Walls  of  Buildings — (Cont’d). 

— partition  walls  in  ware- 
houses and  factories. 

Ords.,  Art.  3,  Sec.  179....  670 
— partition  walls,  reduction 
for  cross  walls. 

Ords.,  Art.  3,  Sec.  183.  ..  671 
— partition  walls,  substitutes 
for. 

Ords.,  Art.  3,  Sec.  180....  670 
— partition  walls,  supporting 
beams. 

Ords.,  Art.  3,  Sec.  172  ...  667 
— party  walls,  concrete  pro- 
hibited. 

Ords.,  Art.  3,  Sec.  193....  676 
— party  walls,  excavations  for, 
cost  to  adjoining  owners. 

Ords.,  Art.  3,  Sec.  166....  663 
— party  walls,  heretofore 
built,  not  in  accordance 
herewith . 

Ords.,  Art.  3,  Sec.  188.  ..  673 

— party  walls,  protection  dur- 

ing excavation,  cost  of. 

Ords.,  Art.  3,  Sec.  165.  ..  663 
— party  walls,  defective,  re- 
pair or  removal. 

Ords.,  Art.  3,  Sec.  167.  ..  664 
— party  walls,  unequal  use  of, 
reimbursement  of  owner. 

Ords.,  Art.  3,  Sec.  168  ...  664 
— penalties  imposed  hereun- 
der. 

Ords.,  Art.  3,  Sec.  203.  ..  679 

— public  buildings,  wall  speci- 

fications. 

Ords., Art.  3,  Sec.  178  ...  670 
— repair  or  removal  of  party 

walls. 

Ords.,  Art.  3,  Sec.  167.  ..  664 

— recesses  for  elevators,  stair- 

ways, etc. 

Ords.,  Art.  3,  Sec.  192.  ..  676 
— recovery  of  fines  and  pen- 
alties. 

Ords.,  Art.  3,  Sec.  204....  680 
— rock-bottom  foundations. 

Ords.,  Art.  3,  Sec.  164.  ..  662 
— safety  provisions  during 
erection. 

Ords.,  Art.  3,  Sec.  189.  ..  674 
— single-thickness  walls, 
height  of. 

Ords.,  Art.  3,  Sec.  173  ...  667 
— state  and  federal  buildings, 
exempt. 

Ords.,  Art.  3,  Sec.  202....  679 


Walls  of  Buildings — (Cont’d). 

— stone  ashler,  less  than  four 
inches  thick. 

Orels.,  Art.  3,  Sec.  194....  677 
— strength  of  walls. 

Ords.,  Art. .3,  Sec.  191....  675 
— thickness  of  dwelling  walls. 

Ords.,  Art.  3,  Sec.  170.  ..  665 
— two  story  dwellings,  walls 
of. 

Ords.,  Art.  3,  Sec.  185  ...  672 
— underpinning  walls  during 
construction. 

Ords.,  Art.  3,  Sec.  165-6..  663 
— “warehouse  walls,”  defined, 
thickness  for  height. 

Ords.,  Art.  3,  Sec.  176....  668 
— window  and  door  openings. 

Ords.,  Art.  3,  Sec.  190.  ..  674 

Water — police  to  report  use  of 
for  building  purposes. 

Ords.,  Art.  25,  Sec.  115..  996 

Wood. 

— use  in  construction  ; when 
permitted. 

Ords.,  Art.  3,  Sec.  95....  632 

Wooden  Buildings, 

— removal  of  from  lot  to  lot. 

Ords.,  Art.  3,  Sec.  100...  633 

Wood  Work, 

— air  space  behind  or  around 
prohibited. 

Ords.,  Art.  3,  Sec.  95....  632 

BUILDINGS  AND  SCHOOL 
PROPERTY. 

Board  of  School  Commission- 
ers to  have  charge  of. 

Ords.,  Art.  32,  Sec.  1 1043 

BUILDINGS  FOR  STORING 
OILS, 

fireproof,  frame  buildings. 

Ords.,  Art.  11,  Sec.  85..  766 

BUILDINGS  IN  ANNEX, 

numbering  contrary  to  system 
of  Topographical  Survey 
forbidden. 

Ords.,  Art.  39,  Sec.  9....1174 


BUILDINGS. 


1336  BURNT  DISTRICT. 


Page 

BUILDINGS,  INSPECTOR  OF, 

See  ‘ ''Inspector  of  Buildings''  ’ 
and  "'Buildings.'" 

BUILDINGS  OF  WOOD,. 

fire  precautions,  lamps  out- 
side of,  penalty. 

Ords.,  Art.  11,  Sec.  55..  755 

BUILDINGS,  PUBLIC, 

Art  Commission  to  approve 


designs. 

Acts,  Sec.  203 207 

charge  of,  under  Superin- 
tendent of  Public  Build- 
ings. 

Acts,  Sec.  207.... 209 


BULKHEAD  AND  PIERHEAD 
LINES, 

See  ‘ ''Harbor,  Docks  and 
lVka?ves." 

Acts,  Sec.  6 51 

Ords.,  Art.  13,  Sec.  10....  775 

BURIAL  EXPENSES, 

See  '''‘Coroners.''’' 

BUSINESS  PLACES, 

privies  of  to  be  separated  for 
males  and  females. 

Ords.,  Art,  14.  Sec.  158..  845 
846 

BUOYS, 

Anchorages  Nos.  1,  2,  3 and 
4 to  be  marked  by. 

Ords.,  Art.  13,  Sec.  4 773 

BURIAL  FROM  MORGUE, 

clothing  and  effects  of  per- 
sons receiving. 

Ords.,  Art.  14,  Sec.  80  ...  821 

BURIAL  GROUNDS, 

depth  of  graves  in  ; penalty. 

Ords.,  Art.  14,  Sec.  113..  831 

BURIAL  OF  INFECTED 
BODIES, 

regulations  for. 

Ords.,  Art.  14,  Sec.  17....  801 

BURIAL  PERMITS, 

See  "Health.'''' 

Ords.,  Art.  14,  Sec.  184..  860 


BURNING  SHAVINGS, 

restrictions  on,  penalty. 

Ords.,  Art.  11,  Sec.  66....  758 

BURNT  DISTRICT, 

boundaries  of  defined.  , 

App.  A,  Sec.  30 1258-1259 

building  in  conflict  with  high- 
way lines  prohibited; 
penalty. 

Ords.,  Art.  35,  Sec.  12....1094 

deeds  of  property  in. 

Ords.,  Art.  1 Sec.  4....572-273 

footways  in ; permits  for  repair 
of  required. 

Ords.,  Art.  35,  Sec.  13. ...1094 

side  walks  in;  construction 
and  material  of. 

Ords  , Art.  35,  Sec.  14.. ..1095 

BURNT  DISTRICT  COMMIS- 
SION, 

acquisition  of  lands. 

App.  A,  Sec.  5 1240 

appeals  from  decisions  of. 

App.  A,  Sec,  7 1241 

appointment  and  qualifica- 
tions of  members. 

App.  A,  Sec.  1 1235 

appointment  of  substitute 
for  interested  commis- 
sioner. 

App.  A Sec.  19 1252 

appropriation  for  expenses 
of. 

App.  A,  Sec.  29 ....1257 

assignment  of  damages 
where  benefits  also  as- 

App.  A,  Sec.  25  1254-5 

assistants,  employment  of. 

App.  A,  Sec  1 1236 

Baltimore  City  Court,  juris- 
diction of. 

App.  A,  Sec.  12 1249 

benefits;  collection  of  as- 
sessment. 

App.  A,  Sec.  13 . 1250 

benefits,  discount  for  early 
payment  of. 

App.  A,  Sec.  37 1263 

benefits;  sale  of  property 
for. 

App.  A,  Sec.  14 1251 

benefits;  sales  for,  deed  to 
purchaser. 

App.  A,  Sec.  16. 


.1251 


BURNT  DISTRICT 


BURNT  DISTRICT 


1337 


Page 

BURNT  DISTRICT,  Etc  — (Cont’d). 
benefits  to  be  considered  in 


assessing  damages, 

App.  A,  Sec.  26 1255 

boundaries  of  “Burnt  Dis- 
trict.’’ 

App.  A,  Sec.  30 1258-9 

chairman,  election  and 
duties  of. 

App.  A,  Sec,  1 1235 


changes  of  grades,  damages 
for. 

App.  A,  Secs.  35-36....1262-3 


City  Boards  to  act  on  reports 
of. 

App.  A,  Sec.  4 1238 

City  Court  to  try  questions 
of  fact. 

App.  A,  Sec.  12 1249 

Cit}"  Engineer,  effect  on 
powers  of. 

App.  A,  Sec.  31 1259 

claims  of  property  owners, 
adjudication  of. 

App.  A,  Sec.  9 1244 

closing  review  of  proceed- 
ings. 

App.  A,  Sec.  10 1247 

closing  streets,  powers  and 
procedure  in. 

App.  A,  Sec.  28  ... 1256 

Commissioner  of  Street 
Cleaning,  efiecton  powers 
of, 

App.  A,  Sec.  31 1259 

conveyances  of  property  by, 
validity  of. 

App.  A.  Sec.  6 1230 

damages,  fund  for  payment. 

App.  A,  Sec  36 1253 

damages  to  be  paid  or  ten- 
dered before  streets 
opened. 

App.  A,  Sec.  17 1252 

depo.sit  of  records  of,  with 
City  Regi.ster. 

App.  A,  Sec.  23 1254 

deeds  of  rendered  void  by 
use  of  signs  or  bill 
boards  in  “Burnt  Dis- 
trict.’’ 


City  Code,  Sec.  4 572-573 

discount  for  early  payment 


of  benefits  assessed. 

App.  A,  vSec.  37 1263 

docks,  additions  to. 

App.  A,  Sec.  3 1239 

duties  of  Commission. 

App.  A,  Sec.  2 1236 


Page 

BURNT  DISTRICT,  Etc.— {Cont’d). 
exception  to  awards  dam- 
ages and  benefits,  proced- 
ure in, 

App.  A,  Sec.  12 1248 

expenses.  City  Register  to 
pay  on  vouchers. 

App.  A,  Sec.  22 1254 

extra  powers  to  be  granted 

by  cit3', 

App.  A,  Sec.  3 1237 

fee  simple  and  leasehold  to 
be  distingiushed  in  as- 
sessments. 

App.  A,  Sec.  20 1255 

fund  for  payment  of  dama- 
ges. 

App.  A,  Sec.  36 1263 

gifts  of  property  to  city, 
benefits  released. 

App.  A,  Sec.  6 1241 

harbor,  filling  up,  in  widen- 
ing Eight  and  Pratt 
streets. 

App.  A,  Sec.  27  1256 

highways,  streets  acquired, 
to  become. 

App.  A,  Sec.  24 1254 

interested  commissioner, 
appointment  of  substitute 
for. 

App.  A,  Sec.  19 1252 

jurisdiction  of  Baltimore 
City  Court. 

App.  A,  Sec.  12 1249 

leaseholds  and  fees  distinc- 
tion between,  in  assess- 
ments. 

App.  A,  Sec.  20 1253 

lien  for  benefits  to  insure 
to  volunteer  paying 
assessment. 

App.  A.  Sec.  18 1253 

Eight  and  Pratt  streets, 
filling  up  harbor  to  widen. 

App.  A,  Sec.  27 1256 

Eight  street,  state  property 
involved  in  widening. 

App.  A,  Sec.  34 1261 

loan  for  Burnt  Di.strict 
improvement. 

App.  A,  Sec.  32 1260-61 

minutes  of  meetings,  secre- 
tary to  keep. 

App.  A,  Sec.  1 1235 

notice  of  contemplated  im- 
provement, publication 
of. 

App.  A,  Sec.  10 1246 


I 


BURNT  DISTRICT.  1338 

Page 

BURNT  DISTRICT,  Etc.— (Cont’d). 
notice  to  owners,  etc., 
interested  in  condemna- 
tions. 

App.  A,  Sec.  11 ,1248 

obstructions  to  improve- 
ments, owners  to  remove. 

App.  A,  Sec.  21 1253 

opening,  widening,  etc., 
streets,  duties  and  powers 
in. 

App.  A,  Sec.  4 1239 

powers  of  commissoners, 
procedure,  etc. 

App.  A,  Sec.  4 1237-39 

Pratt  and  Light  streets,  fill- 
ing up  harbor  to  widen. 

App.  A,  Sec.  27 1256 

precedure  in  making  im- 
provements. 

App.  A,  Sec.  8 1242-3 

qualifications  of  members. 

App.  A,  Sec.  1 1235 

records  to  be  deposited  with 
City  Register. 

App.  A,  Sec.  23 1254 

review  of  proceedings  in 
assessments. 

App.  A,  Sec.  10 ....1247 

salaries  of  members,  chair- 
man and  secretary. 

App.  A,  Sec.  1 1235 

sales  of  property  for  benefits 
assessed. 

App.  A,  Sec.  15 1251 

secretary,  duties,  salary. 

App.  A,  Sec.  1 1235 

state  lands  in  Burnt  Dis- 
trict, conveyance  of. 

App.  A,  Secs.  33-34 1261 

voters  to  pass  on  Burnt 
District  Loan. 

App.  A,  Sec.  32 1561 

wharves  and  dock,  additions 
to. 

App.  A,  Sec.  4 1239 

BURNT  DISTRICT  IM- 
PROVEMENT LOAN, 

App.  A,  Sec.  32 1260-1261 

BUSHEL  AND  PECK  MEAS- 
URES, 

dimensions,  penalty, 

Ords.,  Art.  17,  Sec.  9..878-9 

BUTCHERS, 

carts  of  in  markets. 

Ords.,  Art.  23,  Sec.  60.—  937 


BUTCHERS. 

Page 

— puddings  and  sausages — 
sale  of,  by. 

Ords.,  Art.  41,  Sec.  17....1201 

BUTCHERS  AND  PACKERS, 

keeping  of  hogs. 

Ords.,  Art.  14,  Sec  198, 

865-866 

BUTTER  AND  LARD, 

seizure  by  market  clerks  when 
short  weight. 

Ords.,  Art.  23,  Sec.  3....  919 

BUTCHERS’  CLOSETS  IN 
MARKETS, 

construction  of;  to  be  raised 
above  pavement,  penalty. 
Ords.,  Art.  23,  Sec.  46, 

932-3 

BUTCHERS’  STALLS  AND 
BENCHES, 

obstruction  in  use  of. 

Ords.,  Art.  23,  Sec.  47....  933 
— regulating  use  of  space  in. 
Ords.,  Art.  23,  Sec.  48, 

933^ 

BUTTER  MILK  AND  SKIM- 
MILK, 

sale  of,  regulated, 

Ords.,  Art.  14,  Sec.  59..  814 

BUTTER,  STANDARD 
POUND, 

See  '‘"Markets.'' 

CABS  AND  HACKS  IN 
STREETS,  ETC., 

See  ‘ ‘ Vehicles. ' ' 

CALVERT  STREET, 

vehicles;  stands  for  prohibited. 

Ords.,  Art.  4,  Sec.  39....  693 

CALVES  IN  MARKETS, 

sales  of,  charges  on,  where  to 
sell,  proviso. 

Ords.,  Art.  23,  Sec.  39..  931 
— slaughter  of,  minimum  age 
for,  penalty. 

Ords.,  Art.  23,  Sec.  40..  931 

CAMDEN  STATION, 

locomotives  to  be  used  in 
vicinity  of. 

Ords.,  Art.  30,  Sec.  13..1019 


CAMDEN  street. 


CARRIAGES. 


Page 


1339 


Page 

CAMDEN  STREET, 

vehicles;  stands  for  pro- 
hibited. 

Ords.,  Art.  4,  Secs.  32, 

33,  34  and  37 692-693 

CANDIDATES  FOR  A P - 
POINTMENT  AS  POLICE, 

See  "'Police  Examiners.'’'' 

CANDIDATES  FOR  TEACH- 
ING, 


examination  of. 

Acts,  Sec.  101 155 

CANDY  FACTORIES  AND 
CONFECTIONERIES, 

analysts  and  inspectors  for. 

Acts,  Sec.  73 139 

inspection  of. 

Acts,  Sec.  6 56 


CANNING  HOUSE  REFUSE, 

contracts  for  removal  of. 

Ords.,  Art.  36,  Sec.  4..1141-2 

CANTON  AVENUE, 

locomotives  to  be  used  on. 

Ords.,  Art.  30,  Sec.  13.1020 

CANTON  MARKET, 

provisions  relating  to. 

Ords.,  Art.  23,  Secs.  70- 
72 940-941 

CANS  FOR  GASOLINE,  ETC., 

domestic  use,  sales  for. 

Ords.,  Art.  11,  Sec.  78..  763 

CAPIAS, 

See  "Courts." 

return  of  by  sheriff;  indorse- 
mentsthereon  and  re-issues. 
Acts,  Sec.  333  277 

CAR  LICENSES. 

See  "Licenses." 

annual  license  fee  for. 

Ords.,  Art.  41,  Sec.  18.1201 

CARD  PLAYING, 

fraud  or  cheating  at;  penalty. 

Ords.,  Art.  12,  Sec.  1....  767 


CARE  OF  PUMPS, 

owners  to  care  for  pumps. 

Ords.,  Art.  40,  Sec.  34.1188 

CARGOES  INFECTED  BY 
DISEASE, 

See  ‘ ‘ Quaranthie  Hospital.  ’ ’ 

landing  of  prohibited;  penal- 
ty- 

Ords.,  Art.  14,  Sec.  166. 

850-851 

CARRIAGES, 

See  "Hackney  Carriages  and 
Coaches.  ’ ’ 

market  houses,  horses  and 
carriages  prohibited  in , 
penaltv. 

Ords.,  Art.  23,  Sec.  32..  929 
powers  to  license, 
power  to  regulate. 

Acts,  Sec.  . 6 47 

water  charge  for. 

Ords.,  Art.  41,  Sec.  55..121S 

CARRIAGES  AND  HORSES, 

Acts,  Secs.  281-293....253-25S 

sales  by  auction. 

{^See  ‘ "A  uctioneers.  ’ ’) 

penalties — one  half  to  in- 
former and  other  half  to 
dispensaries. 

Acts,  Sec.  290 257 

regulations  by  Mayor  relat- 
ing to. 

Acts,  Sec.  258 238 

CARRIAGES,  BOATS  AND 
SCOWS, 

See  "Licenses;"  "Water 
Rents'’  ’ and  ‘ ‘ Vehicles. ' ’ 

Ords.,  Art.  4,  Secs.  1-41 

680-694 

CARRIAGES,  COACHES, 
ETC., 

in  streets. 

{See  ‘ ‘ Vehicles.  ’ ’ ) 

license  for  stable  hire. 

Ords.,  Art.  41,  Sec.  82.. ..1227 

water  rents  for. 

Ords.,  Art.  41,  Sec.  55....1218 


CARS. 


CATTRE. 


1340 


Page 

CARRYING  GUNPOWDER 
THROUGH  CITY, 

precautions. 

Ords.,  Art.  11,  Sec.  80....  764 

CARTS  IN  STREETS, 

See  ‘ ‘ Vehicles.  ’ ’ 

CARS  IN  MOTION, 

minors  jumping  on  or  off; 
penalty;  cost. 

Ords.,  Art.  30,  Sec.  10..1018 

CARS  IN  STREETS, 

See  '‘'‘Railroads  and  Rail- 
ways. ’ ’ 

Ords.,  Art.  30,  Sec.  1.... 

1015-1018 

CARS  OF  STEAM  RAIL- 
ROADS, 

See  ''Railroads  and  Rail- 
ways." 

Ords.,  Art.  30,  Sec.  1.... 

...1015-1018 

CARS  OF  STREET  RAIL- 
WAYS, 

licenses  for;  cost  of. 

Ords.,  Art.  41,  Sec.  18..1201 

CARTS  OR  VEHICLES, 

See  ‘ ‘ Vehicles'  'and  " Wood. ' ' 


power  to  license. 

Acts,  Sec.  6 47 

power  to  regulate. 

Acts,  Sec.  6 47 


CASKS  AND  LIQUORS, 

See  "Inspections,  Weights 
and  Measures. ' ' 

CATHEDRAL  CEMETERY. 


opening  streets  through. 

Acts,  Sec.  6 82 

CATONSVILLE  WATER 
COMPANY, 

city  to  acquire  rights  of. 

Acts,  Sec.  6 93 

procedure  in  acquisition  of 
its  rights  by  city. 

Acts,  Sec.  6 93 


Page 

CATTLE,  ETC.,  AT  LARGE, 

killing  and  seizure  by  any 
one,  lawful;  penalty  for 
owner. 

Ords.,  Art.  25,  Sec.  9....  963 

CATTLE,  HORSES,  ETC., 

driving  on  Sabbath  pro- 
hibited, penalty,  proviso. 

Ords.,  Art.  31,  Sec.  1....1040 

CATTLE,  SHEEP  AND  SWINE- 
DRIVING THROUGH 
STREETS, 

Arlington  avenue,  Payson 
street  and  Riggs  avenue, 
prohibited  in  territory 
bounded  by. 

Ords.,  Art.  25,  Sec.  14..  965 
Baltimore  & Ohio  Railroad 
cattle  pens,  driving  to 
and  from. 

Ords.,  Art.  25,  Sec.  23, 

966-67 

Baltimore  street  and  public 
squares  unlawful  on. 

Ords.,  Art.  25,  Secs.  12, 

16 964-5 

Boundary  avenue  between 
Madison  and  Greenmount 
avenues,  unlawful  on. 

Ords.,  Art.  25,  Sec.  26..  968 
cattle  not  enroute  to  or 
from  points  in  city  not  to 
be  driven  through  streets, 
penalty. 

Ords.,  Art.  25,  Sec.  23..966-7 
— number  of  in  single 
drove  limited,  drivers 
required. 

Ords.,  Art.  25,  Sec.  16..  925 
Centre  street,  between 

Howard  and  Calvert 
streets,  unlawful  on. 

Ords.,  Art.  25,  Sec.  27..  968 
Claremont  Stock  Yards, 
streets  used  to  and  from. 

Ords.,  Art.  25,  Sec.  29..  968 
Conrad  Hohman,  special 

permission  to. 

Ords.,  Art.  25,  Sec.  21..  966 
days  and  hours  for  driving 
sheep. 

Ords.,  Art.  25,  Sec.  12..  964 
drivers  of  cattle,  number 
required  to  drove. 

Ords.,  Art.  25,  Sec.  16..  965 


CATTLE,  ETC. 


cattle,  etc. 


1341 


Page 

CATTLE,  SHEEP,  Etc.— (Cont’d). 
droves,  distance  apart  in 
driving. 

Ords.,  Art.  25,  Sec.  18..  966 
— droves,  head  of  cattle  to, 
number  of  drivers. 

Ords.,  Art.  25,  Sec.  16..  965 
exception  as  to  stock  for 
shipment  by  water. 

Ords.,  Art.  25,  Sec.  20..  966 
fines  for  illegal  driving. 

Ords.,  Art.  25,  Sec.  19..  965 
Fulton  avenue  between 

Baltimore  street  and 
Edmondson  avenue,  un- 
lawful on. 

Ords.,  Art.  25,  Sec.  31..  968 
Gilmor  street  north  of 

Lexington  street,  un- 
lawful on. 

Ords.,  Art.  25,  Sec.  25..  967 
hogs  not  to  stop  or  lie 
down,  penalty. 

Ords.,  Art.  25,  Sec.  22..  966 
hogs  and  sheep,  number  to 
single  drove,  number  of 
drivers  required. 

Ords.,  Art.  25,  Sec.  17..  965 
Hohman,  Conrad,  special 
permission  to. 

Ords.,  Art.  25,  Sec.  21..  966 
hours  and  season  for  driv- 
ing cattle  and  hogs. 

Ords.,  Art.  25,  Sec.  11..  964 
Laurens  street  between 
Linden  and  Park  avenues, 
unlawful  on. 

Ords.,  Art.  25,  Sec.  25..  967 
McMechen  street  between 
Linden  and  Park  ave- 
nues, unlawful  on. 

Ords.,  Art.  25,  Sec.  25..  967 
milch  cows  and  calves, 
between  stables  and  past- 
urage or  to  shipping 
points,  excepted. 

Ords.,  Art.  25,  Sec.  28..  968 
Mulberry  street,  between 
Charles  and  Greene 
streets,  unlawful  on. 

Ords.,  Art.  25,  Sec.  31. .968-9 
Pay  son  street,  Arlington  and 
Riggs  avenues,  unlawful  in 
territory  bounded  by. 

Ords.,  Art.  25,  vSec.  14..  965 
penalties  for  unlawful  driv- 
ing. 

Ords.,  Art.  25,  Sec.  19..  965 


Page 

CATTLE,  SHEEP,  Etc.— (Cont’d). 
— penalty  for  sheep  on  Balti- 
more street  and  public 
squares. 

Ords.,  Art.  25,  Sec.  13..  964 
pens  in  Baltimore  County 
and  on  Pratt  street, 
driving  to  and,  from. 

Ords.,  Art.  25,  Sec.  24..  967 
Pratt  street,  pens  on,  rights 
of  owners  of. 

Ords.,  Art.  25,  Sec.  24..  967 
Riggs  and  Arlington  ave- 
nues and  Pay  son  street, 
unlawful  in  territory 
bounded  by. 

Ords.,  Art.  25,  Sec.  14..  965 
Saratoga  street,  between 
Greene  and  Calvert 
streets,  unlawful  on. 

Ords.,  Art.  25,  Sec.  30....  968 
sheep — and  hogs,  maximum 
number  in  drove,  num- 
ber of  drivers. 

Ords.,  Art.  25,  Sec.  17..  965 
— days  and  hours  for  driving. 

Ords.,  Art.  25,  Sec.  12..  964 

shipments  of  stock  by 

water  excepted. 

Ords.,  Art.  25,  Sec.  20..  966 
slaughter  houses  and  ship- 
ping points,  driving 

between,  all  other  driving 
prohibited. 

Ords.,  Art.  25,  Sec.  23, 

24 966-67 

State  pens,  driving  to  and 
from. 

Ords.,  Art.  25,  Sec.  23, 

966-67 

Sunday,  unlawful  on,  and 
on  Baltimore  street  at 
any  time. 

Ords.,  Art.  25,  Sec.  15..  965 
Wilkens  avenue,  between 
Bentalou  and  Gilmor 
streets,  unlawful  on. 

Ords.,  Art.  25,  Sec.  31, 

968-69 

Wilson  street,  between  Park 
and  Linden  avenues, 
unlawful  on. 

Ords.,  Art.  25,  Sec.  25,  967 
Woodberry,  hours  for  driv- 
ing through. 

Ords.,  Art.  25,  Sec,  31, 


CANDIDATES. 


CERTIFICATES. 


1342 


Page 

CANDIDATES, 

See  ‘ '‘Primary  Elections.  ’ ’ 

App.  C,  Sec.  1 1270-1273 

selection  of,  by  primary  elec- 
tions. 

App.  C,  Sec.  1 1269-1275 

CAUSES  OF  DEATH, 

coroner’s  certificate  to  state. 

Ords.,  Art.  14,  Sec.  183,  860 

CEDAR  AVENUE, 

tracks  on,  prohibited. 

Acts,  Sec.  801 497 

CELLAR  DRAINERS, 

water  charges  for. 

Ords.,  Art.  41,  Sec.  73..1223 

CELLARS,  BASEMENTS, 
ETC., 

See  '‘'‘Health"  and  "Tene- 
ment Houses." 

Acts,  Sec.  6 52 

Ords.,  Art.  14,  Sec.  94..  826 

construction,  ventilation , 

‘ '‘Buildings.  ’ ’ ) 

CEMETERIES, 

See  "Cathedral  Cemetery." 

CENTRE  MARKET, 

provisions  relating  to. 

Ords.,  Art.  23,  Secs.  73- 
74 941 

CENTRE  STREET, 

cattle  driving  through,  pro- 
hibited. 

Ords.,  Art.  25,  Sec.  27..  968 

CERTIFICATES  of, 

character. 

{See  ‘ '‘Police  Examiners.  ’ ’ ) 

counsel. 

See  ‘ ‘ Courts.  ’ ’ 

disability  of  policemen. 

{See  ‘ 'Special  Police  Fund.  ’ ’ ) 

indebtedness, 

{See  "Police  Commission- 
ers."') 


CERTIFICATES  of,— (Cont’d^.^^^ 
inspection. 

{See  "Inspection.,  'Weights 
and  Measures.") 

licenses. 

{See  ‘ ‘ Markets  ’ ’ sub-title 
‘ ‘ L icenses  and  Rents.  ’ ’ ) 

Ords.,  Art.  23,  Sec.  17....  924 

pawnbrokers. 

{See  "Licenses"  and  "Pawn- 
brokers.") 

Ords.,  Art.  41,  Secs.  31, 

32 1207-1208 

payment  of  license  fee  for 
poles. 

Ords.,  Art.  41,  Sec.  39....1211 
publication. 

{See  "Ordinances  and  Reso- 
lutions.") 

publication, 

clerk  to  Commissioners  for 
Opening  Streets  to  pre- 
serve copies  of. 

Acts,  Sec.  173 190 

pupils  of  schools;  physicians 
to  furnish  ; notice  to  prin- 
cipal. 

Ords.,  Art.  32,  Sec.  35.. ..1056 
schools  and  colleges. 

Art.  32.  Secs.  11-14..1047-1048 
{See  ‘ '‘Schools' ' sub-title 
‘ ‘ Certificates,  Diplomas 
and  Prizes.") 

taxes  due. 

Acts,  Sec.  58  A 131-132 

title. — 

City  Solicitor,  from. 

Acts,  Sec.  174 190 

Stock, 

— bond  for  renewal  when  lost. 

Ords.,  Art.  34,  Sec.  7..1078-9 
— consolidation  of. 

Ords.,  Art.  34,  Sec.  17....1082 
— form  of. 

Ords.,  Art.  34,  Sec.  1 1077 

— issue  of,  conditioned  on 
pa}nnent  for. 

Ords.,  Art.  34,  Sec.  3 1077 

— lost  or  destroyed,  renewal 
of. 

Ords.,  Art.  34,  Secs.  5. 

7 1078-1079 

— sums  in  which  issued. 

Ords.,  Art.  34,  Sec.  2 1077 


CESS-POOI.S. 


CHARITIES. 


1343 


Page 

CESSPOOLS, 

See  "‘Health." 

Ords.,  Art.  14,  Sec.  145.. 

841,  842 


CHAIRMAN, 

New  Sewerage  Commission. 

Acts,  Sec.  §824a 509 

CHALLENGERS, 

i^See  "Primary  Elections."') 

App.  C,  Sec.  1 1273 

CHANCERY  SALES, 

property  sold  under  decrees. 


note  182 

— report  of  to  Appeal  Tax 
Court. 

Acts,  Sec.  165 182 

CHANGES  OF  GRADES, 

See  "Streets  and  City  Engi- 
neer" and  "Topographical 
Survey.  ’ ’ 

damages  for,  in  “Burnt  Dis- 
trict;’’ proviso. 

App.  A,  Sec.  35 1262 

— fund  from  which  to  be  paid. 

App.  A,  Sec.  36 1262,  1263 

CHARCOAL, 

See  ‘ '' hispectio7is , Weights  and 
Measures.  ’ ’ 

— license  for  sale  of,  penalty. 

Ords.,  Art.  41,  Sec.  19. ...1202 

CHARCOAL  MILLS, 

permit  to  erect ; penalty. 

Ords.  Art.  14,  Sec.  72....  818 
819 

CHARGES  AGAINST 
POLICE, 

See  "Police  Commissioners." 

CHARGES  FOR  WATER, 

See  ‘ ‘ Water  Rents.  ’ ’ 
beyond  city  limits. 

Ords.,  Art.  41,  Sec.  72....1222 

CHARITABLE  I N S T I T U - 
TIONS, 

water  rents  for. 

Ords.,  Art.  41,  Secs.  58- 
61 1219 

water  rates  to,  basis  for  fix- 
ing, authority  of  Water 
Board. 

Ords.,  Art.  41,  Sec.  66..  . 1220 


Page 

CHARITABLE  MARINE  SO- 
CIETY OF  BALTIMORE, 

estates  of  mariners  dying 


intestate. 

Acts,  Sec.  703 429 

rights  of  unaffected  bv  Secs. 
808-812  of  Charter. 

Acts,  Sec.  813 501 

CHARITABLE  PURPOSES, 

funds  for. 

Acts,  Sec.  2 42 

CHARITIES, 


concerts  for  ; licenses  for  un- 
necessary. 

Ords.,  Art.  41,  Sec.  13.... 1200 

CHARITIES  AND  CORREC- 
TIONS, 


See  "Charities,  Supervisors 
of  City.  ’ ’ 

Board  of  — membership; 
powers  and  duties  of. 

Acts,  Sec.  103 156 

department  of  — composi- 

tion and  organization  of. 

Acts,  Sec.  103 156 

department  of — visitors  of 
jail. 

Acts,  Sec.  118 162 


CHARITIES,  SUPERVISORS 
OF  CITY, 


almshouse,  superintendent  of, 
appointment. 

Acts,  Sec.  113 161 

annual  report  to  city. 

Acts,  Sec.  104 157 

authority  to  procure  ma- 
chinery, etc. 

Acts,  Sec.  110 160 

board  of,  appointment. 

Acts,  Sec.  104 156 

certificate  as  to  fitness  of  in- 

digent poor. 

Acts,  Sec.  105 158 

charities  and  corrections, 
first  sub-department  of. 

Acts,  Sec.  104 159 


CHARITIES. 


CHECKS.. 


1344 


Page 


CHARITIES,  Etc.-(Cont’d). 

children  in  institutions, 
care  of. 

Acts,  Sec.  107 159 

children  placed  with  fami- 
lies to  visit. 

Acts,  Sec.  107 159 

children,  removal  or  dis- 
charge from  institutions. 

Acts,  Sec.  107 159 

commitment  of  de.stitute 
children;  powers  of  super- 
visors in  relation  thereto  ; 
summons  and  inquiry. 

Acts,  Sec.  107 159 

correction  of  disorderly  in- 
mates of  almshouse. 

Acts,  Sec.  112 160 

destitute  and  neglected  chil- 
dren ; care  of. 

Acts,  Sec.  107 159 

duties  of. 

Acts,  vSec.  104 157 

indigent  and  insane  poor, 
treatment  outside  alms- 
house. 

Acts,  Sec.  106 158 

meet  at  almshouse,  to  meet 
five  times  a year. 

Acts,  Sec.  Ill 160 

offenders — Sections  104  to  116 
not  to  apply  to. 

Acts,  Sec.  117 162 

paupers,  admission  of  to 
almshouse. 

Acts,  Sec.  108 160 

president,  secretary,  salary. 

Acts,  Sec.  104 157 

provision  for  support,  treat- 
ment and  employment  of 
paupers. 

Acts,  Sec.  109 160 

provisions,  purveyor  of;  ap- 
pointment. 

Acts,  Sec.  115 161 

purveyor  of  provisions  to 
almshouse,  bond  of. 

Acts,  Sec.  116. 162 

qualifications. 

Acts,  Sec.  104 157 


Page- 

CHARITIES,  Etc.-(Cont’d). 


subordinates , 

Acts,  Sec.  104 157 

term  of  office. 

Acts,  Sec.  104 156^ 


CHARLES  STREET, 

vehicles;  stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Secs.  30-40 

690-691 

CHECKS, 

accompanying  bids,  to  be  cer- 


tified. 

Acts,  Sec.  15 99 

CHECKS  OF  CITY, 

by  whom  to  be  signed  and 
countersigned. 

Acts,  Sec.  20  A 101 

Comptroller  to  approve  and 
countersign. 


Ords.,  Art.  6,  Sec.  4..699-700 

CHEESE, 

license  for  sale  of;  penalty. 

Ords.,  Art.  41,  Sec.  16 

1200-1201 

CHEMICAL  LABORATO- 
RIES, 

Acts,  Sec.  493  321- 

CHEMISTS, 

See  ‘ '‘Health  ’ ’ and  ‘ '‘Foods  and 
Food  Products  F 

Ords.,  Art.  14,  Sec.  61 

814-815- 

CHESAPEAKE  AND  POTO- 
MAC TELEPHONE  COM- 
PANY, 

See  '‘'‘Electrical  Commission 
and  Subways.  ’ ’ 

Ords.,  Art.  9,  Secs.  19-24 

724-727 

conduits  of,  police  and  fire 
alarm  wires  in. 

Ords.,  Art.  11,  Sec.  35..  749- 

rights  of,  unaffected; 

Ordinance  41,  1889. 

Acts,  Sec.  6 82: 


1345 


Page 

CHESAPEAKE  BAY, 

pollution  of  by  sewerage  sys- 
tem prohibited. 

Acts,  Sec.  §824d 511 

river  and  harbor  fund;  report 
of  City  Register. 

Ords.,  Art.  2,  Sec.  1 589 

CHIEF  CLERKS  OF  CITY 
COUNCIL, 

See  ‘ ‘ City  Council.  ’ ’ 

CHIEF  CLERK  OF  SECOND 
BRANCH, 

printing;  orders  for  to  be 
kept  on  file  by. 

Ords.,  Art.  29,  Sec.  3..1008-09 

CHIEF  ENGINEER, 

New  Sewerage  System;  ap- 
pointment of. 

Acts,  Sec.  §824d 511 

CHIEF  ENGINEER  OF  FIRE 
DEPARTMENT, 

See  ''Fire  Department.'" 

CHIEF  ENGINEER  TOPO- 
GRAPHICAL SURVEY, 

See  ' ' Topographical  Survey.  ’ ’ 

appointment,  compensation 
and  duties  of. 

Ords.,  Art.  39,  Sec.  4. ..1173 

CHIEF  PHYSICIAN  OF  PO- 
LICE FORCE, 

See  ''Police  Commissioners."" 

CHILDREN, 

destitute  and  neglected,  care 
of. 

Acts,  Sec.  107 159 

playgrounds  for;  provisions. 
Ords.,  Art.  14,  Sec.  128 

835-836 

vaccination  of. 

Ords.,  Art.  14,  Sec.  24....  804 

CHILDREN  AND  MINORS, 

sale  by,  (^See  ' 'Larceny.  ’ ’ ) 


CHILDREN  AND  WIDOWS^^^^ 
OF  POLICEMEN, 

See  "Special  Police  Fund. . 

CHILDREN  EXCLUDED 
FROM  SCHOOLS, 

contagious  diseases,  suffering 
from. 

Ords.,  Art.  32,  Sec.  37..1057 

CHILDREN  OF  CONVICTS, 

binding  out  by  court;  age 
limit  for  males  and  females. 
Acts,  Sec.  345 279 

CHILDRENS’  PLAYGROUND 
ASSOCIATION, 

contract  with  Mayor;  provi- 
sions of. 

Ords.,  Art.  14,  Sec.  128 

835-836 

CHILDREN’S  PLAY- 
GROUNDS, 

Acts,  Sec.  §493a 321 

CHIMNEYS, 

smoke  from;  proviso. 

Ords.,  Art.  14,  Sec.  123..  833 


sweeping,  and  rates  thereof. 

Acts,  Sec.  6 48 

width  of — power  to  regulate. 

Acts,  Sec.  6 48 


CHIMNEYS,  FLUES  AND 
HEATING  APPARATUS, 

See  "Buildings."" 

Ords.,  Art.  3,  Secs.  23-43 

607-613 

inspection  of,  {See  ' 'Inspector 
of  Buildings"  sub-title 
"Inspection  of  Hot  Air 
Furnaces  and  Heating 
Apparatus.") 

Ords.,  Art.  3,  Secs.  23-43 

607-613 

CHURCHES. 

water  rates  to;  other  religious 
corporations. 

Ords.,  Art.  41,  Sec.  62....1220 

water  rents  for. 

Ords.,  Art.  41,  Sec. 62....1220 


CIRCUIT  COURT, 


CITY  CHARTER. 


1346 


Page 

CIRCUIT  COURT  No.  2, 

Acts,  Secs.  325,  327,  370, 

371,  372,  374,  375,  376, 

379,  380,  382,  387,  388, 

389.  . 

Pages,  274,  275,  287,  288, 

289,  290,  292,  293,  294. 

powers  and  jurisdiction  of. 

Acts,  Sec.  325 274 

CIRCUIT  COURT  OF  BAL- 

. TIMORE  CITY, 

Acts,  Secs.  323,  324,  327A, 

370,  371,  372,  374,  375, 

376,  379,  380,  382,  387, 

388,  389. 

Pages  273,  274,  275,  287, 

288,  289,  290,  292,  293, 

294. 


jurisdiction  of,  note 273 

jury  in  cases  in. 

Acts,  Sec.  323 273 

opinions  not  required  to  be 
filed. 

Acts,  Sec.  324 274 

CIRCULARS  FOR  CON- 
SUMPTIVES, 

information  given  in. 

App.  B,  Sec.  3 1267 


CIRCUS, 

license  for,  penalty. 

Ords.,  Art.  41,  Sec.  7, 

1197-1198 

CIRCUS  PERFORMERS, 

protecting  net  for  trapeze. 

Ords  , Art.  25,  Secs. 
103-04  992-993 

CITY  BUILDINGS, 

Inspector  of  Buildings  to  re- 
pair. 

Ords.,  Art.  3,  Sec.  10....  603 

CITY  CHARITIES, 

See  Charities,  Supervisors 
of  City.’'' 

CITY  CHARTER, 

effect  of,  on  Acts  1898. 

Acts,  Sec.  3 


Page 

CITY  CHARTER— (Cont’d). 
provisos  limiting  operation 


and  effect  of. 

Acts  Secs.  2-4 564-566 

— existing  laws. 

Acts,  Sec.  3 565 

— extra-territorial  rights  of 
city. 

Acts,  Sec.  3 565 

—incumbents  in  office  at  pas- 
sage of  Charter. 

Acts,  Sec.  4 566 

— pending  suits. 

Acts,  Sec.  2 565 

— repealable  acts. 

Acts,  Sec.  2 564 

— taxes  or  tax  proceedings. 

Acts,  Sec.  2 565 

— vested  rights. 

Acts,  Sec.  2 564 


CITY  CLAIMS, 

See  Claims  against  City.'''' 

CITY  COLLECTOR, 

See  Appeal  Tax  Court;'''' 

‘ ^Assessments;' ’ “A  ssess- 
ments  for  Taxes  ;"  '‘'^Be7ie- 
Jits / ” “ Condemnation  of 

Property  ;''''  ''Damages 
‘ ‘ Grading,  Paving,  etc. , 
Streets;''''  "Opening.  Clos- 
ing, etc..  Streets;''''  "Sales;" 
Taxes''  ’ and  ‘ ‘ Tax  Sales.  ’ ’ 

account  of  taxes  collected ; 
record  of  assessments  and 
accounts  of  taxpayers. 

Ords.,  Art.  38,  Sec.  25....1165 

Advertisement , 


— notice  when  taxes  due. 

Acts,  Sec.  51 128 

— property  to  be  sold  for  taxes. 

Acts,  Sec.  43 123 

— sales  of  chattels. 

Acts,  Sec.  49 127 

appointment,  salary. 

Acts,  Sec.  42 122 


assignment  to,  of  damages 
assessed  in  sewer  condem- 
nations. 

Ords.,  Art.  33,  Sec.  5 1062 

assistants  and  clerks. 

Acts,  Sec.  42 


565 


122 


CITY  COTTKCTOR. 


CITY  COLLECTOR. 


1347 


Page 

CITY  COLLECTOR— (Cont’d). 


Page 

CITY  COLLECTOR— (Cont’d). 
Advertisements — (Cont’d) . 
bailiffs  of — to  receive  per 
centum  on  bills  collected. 

Ords.,  Art.  38,  Sec.  24....1165 

benefits  in  street  opening, 


closing,  etc.,  bills  for. 

Acts,  Sec.  181 198 

bills  for  taxes,  to  render  by 
mail. 

Acts,  Sec.  51 128 


bond  of  ; conditions  in. 

Ords.,  Art.  38,  Sec.  22. ...1163 

certificate  of  City  Solicitor 
required  before  balance 
of  purchase  money  of  sale 
for  taxes  or  damages  as- 
sessed are  paid. 

Ords.,  Art.  38,  Sec.  31.... 

1167,  1168 


certificates  of,  to  be  evi- 
dence of  taxes  due. 

Acts,  Sec.  58A 131,  132 

chattels  sold  for  taxes. 

Acts,  Sec.  49 127 

— application  of  proceeds. 

Acts,  Sec.  50 127 


collection  of  benefits  assessed 
by  Burnt  District  Com- 
mission. 

App.  A,  Secs.  13-16 

1250-1252 

collection  of  taxes,  change 


in  office  during. 

Acts,  Sec.  51A 128 

damages  in  street  opening, 

— assignment  of. 

Acts,  Sec.  174 190 


death,  resignation,  removal 
or  suspension  of. 

Ords.,  Art.  38,  Sec.  26....1165 

Deeds, 

— property  .sold  for  taxes. 

Acts,  Sec.  45 124 

— property  purchased  by  city 
at  tax  sales. 

Ords.,  Art.  38,  Sec.  35.... 
1168-1169 

deposit  in  banks  of  moneys 
collected. 

Ords.,  Art.  38,  Sec.  26....1165 


distraint  not  required  for 


taxes  in  arrear. 

Acts,  Sec.  51 128 

duties  of. 

Acts,  Sec.  42 122 


Ords.,  Art.  38,  Sec.  22.... 
1163,  1164 

— succeeding  collector,  relat- 
ing to  collection  of  taxes. 


Acts,  Sec.  51A 129 

Finance, 

— official  of  department  of. 

Acts,  Sec.  32 110 

Jurors, 

— list  of  taxpayers  eligible  as ; 
compensation  of. 

Acts,  Sec.  603 360 


— list  of  property  sold  for 
taxes  to  be  kept  for  in- 
spection of  public. 

Ords.,  Art.  38,  Sec.  30....1167 

Notice, 

— of  paving  assessments,  etc., 
in  arrears. 

Ords.,  Art.  38,  Sec.  29....1167 
— of  tax  sales. 

Acts,  Sec.  42 122 

— to  parties  assessed  in  sewer 
openings. 

Ords.,  Art.  33,  Sec.  10....1069 
owner  may  redeem  property 


sold  for  taxes. 

Acts,  Sec.  47 125 

police  tax ; collection  of 
same. 

Acts,  Sec.  747 459 

redemption  of  property  sold 
for  taxes. 

Acts,  Sec.  45 125 

Re-sales  for  Taxes, 

— duties  relating  to. 

Acts,  Sec.  48 126 

— proceeds  of. 

Acts,  Sec.  48 126 


salary  of. 

Ords.,  Art.  38,  Sec.  23....1164 

Sales  for  Benefits, 

— sewer  opening  ; conditions 
of  sales ; re-sale. 

Ords.,  Art.  33,  Sec.  12....1069 


CITY  COTTKCTOR. 


CITY  COLLEGE. 


1348 


CITY  COLLECTOR— (Cont’lT.^^ 
Sales  for  Benefits — (Cont’d). 

— sewer  opening;  deed  to  pur- 
chaser. 

Ords.,  Art.  33,  Sec.  13....1070 


— property  assessed  in  street 
opening,  procedure. 

Acts,  Sec.  183 199 

— property  assessed  in  street 
opening,  etc.,  proceeds  of. 

Acts,  Sec.  182 199 

— sewer  opening,  sale  of  prop- 
erty. 


Ords.,  Art.  33,  Sec.  11....1069 

Sales  for  Taxes, 

— effect  on,  of  change  in  office 
of  Collector. 

Acts,  Sec.  §45a,  §45b 124 

— fee  simple  interest — when 
to  be  sold. 

Ords.,  Art.  38,  Sec.  28....1156 
— leasehold  interest  to  be  sold 
first. 

Ords.,  Art.  38,  Sec.  28....1166 
— investment  of  surplus  from 


in  public  debt. 

Acts,  Sec.  46 124 

— report  to  Circuit  Court. 

Acts,  Sec.  48 126 

state  taxes ; to  collect  same. 

Acts,  Sec.  58 131 


subordinates  of  ; salary  list ; 

City  Collector  to  be  re- 
sponsible for  acts  of  un- 
der his  bond. 

Ords.,  Art.  38,  Sec.  23.... 
1164,  1165 


tax  bills  to  be  prepared  by. 

Acts.  Sec.  42 122 

taxes  in  arrears;  .statement 
of  to  be  left  at  premises. 

Acts,  Sec.  43 123 


— on  real  and  personal 
property  to  be  kept  sep- 
arate, 

Ords.,  Art.  38,  Sec.  27....1166 

Tax  Sales. 

— collection  of  costs,  etc. 

Acts,  Sec.  44 123 

— disposition  of  purchase 
money. 

Acts,  Sec.  45 


Page 

CITY  COLLEGE, 

diplomas  to  graduates  of. 

Ords.,  Art.  32,  Sec.  11....1047 

fees  for  tuition  of  non-resi- 
dent pupils  in 

Ords.,  Art.  32,  Sec.  34....1055 

principal  of — ^appointment  of. 

Acts,  Sec.  100 153 

to  sign  diplomas. 

Ords.,  Art.  32,  Sec.  11....1047 

professors  of  — appointment 
of. 

Acts,  Sec.  100 153 


CITY  COUNCIL, 

See  ‘ ‘ Corporate  Power s 
‘ ‘ Mayor  / ” “ Ordinances 

and  Re  solution  s' ''  and 
'‘'Public  Printer." 


absence  of  members— excuse 
therefor  to  be  transmitted 
to  his  branch;  penalty. 

Ords.,  Art.  1,  Sec.  16 576 

—penalty  therefor. 

Ords.,  Art.  1,  Sec.  14 576 

— collection  of  fines  imposed 
therefor. 

Ords.,  Art.  1,  Sec,  15 576 

adjournment  of  branches. 

Ords.,  Art.  1,  Sec.  17 577 

appropriations  for  fiscal 
year  subsequent  to  Ordi- 
nance of  Estimates  pro- 
hibited. 

Acts,  Sec.  36 116 

attendance  of  members, 
compelling. 

Acts,  Sec.  217 215 

branches  of  to  constitute 

legislative  department. 

Acts,  Sec.  209 211 


chief  clerks  ; duties  of ; to 
deliver  to  City  Register 
journals,  petitions,  mes- 
sages, etc.,  at  close  of 
session  ; penalty. 

Ords.,  Art.  1,  Sec.  19 577 


124 


CITY  COUNCIL. 


CITY  COUNCIL. 


1349 


Page 

CITY  COUNCIL— (Cont’d). 

chief  clerk  to  notify  Mayor 
of  action  of  joint  conven- 
tion of. 

Ords.,  Art.  1,  Sec.  31 581 

City  Register’s  annual  re- 
port to. 

Ords.,  Art.  6,  Sec.  23 706 

— financial  report  to. 

Ords.,  Art.  6,  Sec.  23 706 

claims  before  c o u n c i 1 — 
when  limitations  a bar. 

Ords.,  Art.  1,  Sec.  32 581 

clerk  Second  Branch  to  be 
chief  clerk  when  two 
branches  are  in  conven- 
tion. 

Ords.,  Art.  1,  Sec.  31 581 

clerks  to  council — duties  of. 

Ords.,  Art.  1,  Secs.  19-31 

577-581 

decisions  of  Court  of  Ap- 
peals relating  to  power  of 
Mayor  and  City  Council. 

216-225 

electors  of  members,  quali- 


fications of. 

Acts,  Sec.  215 214 

expenditures  of  council ; 
legitimate  items  of  ex- 
pense. 

Ords.,  Art.  1,  Sec.  33 581 


Expenses  of, 

— bills  to  be  referred  to  special 
or  standing  committees 
for  report ; m a n n e r of 
payment  of  claims  ap- 
proved by  committees. 

Ords.,  Art.  1,  Sec.  35 582 

— payment  to  be  authorized 
by  ordinance  or  resolu- 
tion only. 

Ords.,  Art.  1,  Sec.  34 582 

expulsion  of  members. 

Acts,  Sec.  217 215 

First  Branch, 

— election  for  members. 

Acts,  Sec.  212 


Page 

CITY  COUNCIL— (Cont’d). 

First  Branch — (Cont’d). 

— incumbent  to  hold  office  un- 


til successor  qualifies. 

Acts,  Sec.  212 213 

— one  member  from  each 
ward. 

Acts,  Sec.  210 212 

— qualifications  of  members. 

Acts,  Sec.  210 212 

— qualifications  of  electors. 

Acts,  Sec.  212 213 

— President,  duties. 

Acts,  Sec.  217 215 

— salaries. 

Acts,  Sec.  210 212 

— term  of  ofl&ce  of  members. 

Acts,  Sec.  210 212 


grading,  paving,  etc.,  ordi- 
nance — duties  of  joint 
standing  committees. 

Ords.,  Art.  35,  Sec.  90....1125 

journal  from  public  printer 
to  be  revised  by  clerks 
and  delivered  to  City 
Register ; to  be  bound  by 
City  Register;  to  be  pre- 
served in  Citv  Library. 

Ords.,  Art.  1,  Sec.  22  578 

— when  printed  and  certified 


by  clerks  to  be  evidence 
of  proceedings  of  council. 

Ords.,  Art.  1,  Sec.  22 578 

— of  proceedings. 

Acts,  Sec.  217 215 

— petitions  and  messages  to 
be  delivered  to  City 
Register  — penalty 
against  clerks, 

Ords.,  Art.  1,  Sec.  19 577 

McDonogh  Institute ; in- 
spection of. 

Ords.,  Art.  22,  Sec.  8 911 


Maryland  Institute ; mem- 
bers to  appoint  pupils  to. 

Ords.,  Art.  32,  Sec.  29....1053 

members  not  to  hold  other 
city  office  or  employment. 

Ords.,  Art.  1,  Sec.  18 577 

officers  of ; each  branch  to 
appoint ; compensation. 

Acts,  Sec.  217 215 

ordinances,  amendment,  re- 
enactment, etc. 

Acts,  Sec.  221 


213 


218 


CITY  COUNCIIv. 


CITY  COUNCIIv. 


1350 


CITY  COUNCIL— (Cont’d). 

Ordinances  and  Resolutions, 

Acts.  Sec.  23 102,103,104 

— certificate  to  be  attached  by 
clerk. 

Ords.,  Art.  1,  Sec.  30....  580 
— copies  of  to  be  sent  to  heads 
of  departments  by  City 
Register. 

Ords.,  Art.  1,  Sec.  25 

578-579 

— deposit  of  printed  ordi- 
nances in  City  Library. 

Ords.,  Art.  1,  Sec.  27.  ..  579 
— engrossed  ordinances  to  be 
bound,  labelled  and  in- 
dexed. 

Ords.,  Art.  1,  Sec.  24....  578 
— engrossment  before  third 


reading. 

Acts,  Sec.  221 219 

— how  to  be  engrossed. 

Ords  , Art.  1,  Sec.  23....  578 
— ordaining  phrase. 

Acts,  Sec.  220 217 


— proofs  of,  from  Public 
Printer,  to  be  examined 
by  City  Register. 

Ords.,  Art.  1,  Sec.  27....  579 
— publication  of  by  City  Reg- 
ister. 

Ords.,  Art.  1,  Sec.  27....  579 
— State  Library  and  Bar  Li- 
brary to  receive  each  two 
copies,  and  Peabody  In- 
stitute one  copy  of. 

Ords.,  Art.  1,  Sec.  26....  579 
— embrace  but  one  subject. 


Acts,  Sec.  221 217 

— vote  necessary  to  pass. 

Acts,  Sec.  221 217 

Ordinance  of  Estimates, 

— special  meeting  on. 

Acts,  Sec.  36 115 


papers  to  be  endorsed  and 
filed  by  clerks  of. 

Ords.,  Art.  1,  Sec.  20 577 

penalty  against  members  for 
being  absent. 

Ords.,  Art.  1,  Sec.  14,....  576 
collection  of  fin^s  incurred  by 


absent  members. 

Ords.,  Art.  1,  Sec.  15 576 

powers  of  Second  Branch, 
note. 

Acts,  Sec.  218 215 


Page 

CITY  COUNCIL— (Cont’d). 
power  to  pass  ordinances. 


Acts,  Sec.  218 215 

President  of  First  Branch, 
duties,  when  to  act  as 
Mayor. 

Acts,  Sec.  217 215 

president  of  Second  Branch, 
election  of,  on  vacancy  in 
office  of  Mayor. 

Acts,  Sec.  222 219 

— removal  of. 

Acts,  Sec.  214 214 


primary  election  for  members 
of. 

App.  C,  Sec.  2 1275-1276 

procedure  when  ordinances 
and  resolutions  are  vetoed 
by  Mayor. 

Acts,  Sec.  23 102-104 

Public  Printer — printing  of 
proceedings  and  other  pa- 
pers. 

Ords.,  Art.  1,  Sec.  21....  577 

qualifications  of  m embers — 
each  Branch  judges  of- 

Acts,  Sec.  217 215 

Reading  Clerk  of  First  Branch; 
his  duties  relating  to  ordi- 
nances and  resolutions  orig- 
inating in  First  Branch; 
endorsements  on  ordi- 
nances, etc.;  messages  and 


communications;  other  du- 
ties. 

Ords.,  Art.  1,  Sec.  29....  580 

reading  ordinances,  proviso. 

Acts,  Sec.  221 218 

rules  of  procedure,  each 
Branch  adopt. 

Acts,  Sec.  217 215 

Second  Branch, 

— council  manic  districts,  two 
members  from  each. 

Acts,  Sec.  211 212 

— election  for,  when  held. 

Acts,  Sec.  213 213 

— membership,  nine.  • 

Acts,  Sec.  211 212 


CITY  COUNCIL. 


CITY  ENGINEER. 


Page 


1351 

CITY  ENGINEER, 


Page 


CITY  COUNCIL— (Cont’d). 
Second  Branch — (Cont’d). 

— president  of,  duties,  qualifi- 
cations, election,  removal, 
salary,  term  of  office. 

Acts,  Sec.  214 213 

— qualifications  of  members. 

Acts,  Sec.  211 212 

— salary. 

Acts,  Sec.  211 212 

— term  of  office. 

Acts,  Sec.  211 212 

sessions  of,  extra  sessions. 

Acts,  Sec.  216 214 

sessions  to  be  public. 

Acts,  Sec.  217 215 

subject  of  ordinances  to  be 
described  in  title. 

Acts,  Sec.  221 218 

temporary  loans,  not  to 
authorize. 

Acts,  Sec.  36 116 

vacancies  in,  how  filled. 

Acts,  Sec.  215 214 

vote  by  yeas  and  nays  on  final 
passage  of  ordinances. 

Acts,  Sec.  221 217 


CITY  COURT. 

See  '‘'‘Justices  of  the  Peaces 

appeals  from  assessments  of 
taxes  triable  in. 

Acts,  Sec.  170 184-187 

— in  B.  D.  assessments. 

App.  A,  Sec.  12 1248-1249 


— from  decisions  of  Commis- 
sioners for  Opening 
Streets. 

Acts,  Sec.  177 195 

record  of  Appeal  Tax  Court; 
duty  of  Court  relating  to. 

Acts,  Sec.  170 186 

tax  assessments — when  in- 
creased by. 

Acts,  Sec.  170 187 


CITY’S  DEBT, 

interest  on,  payment  of. 

Ords.,  Art.  34,  Sec.  10....1079 

CITY  DOCK  DRAWBRIDGE, 

vessels  to  stop  on  notice  from 
keeper,  penalty. 

Ords.,  Art.  18,  Sec.  5 890 


See  "Assessments;''  "Bene- 
fits;" "Condemnation  of 
Property;' ' ‘ 'Damages;' ' 

"Grade  Lines  of  Streets;" 
‘‘'Grades  of  Streets;" 
"Grading,  Paving,  etc.. 
Streets;' ' ' 'Streets,  Brid- 

ges and  Hig  hw  ay  s ;" 
"Streets  and  City  Engi- 
neer;" "Sewers." 

absence  (5f,  delegation  of 
authority. 

Acts,  Sec.  86A 145 

Annex  Improvement  Com- 
mission of. 

Acts,  Sec.  §841b 531-532 

appointment,  duties,  quali- 
fications, salary,  powers. 

Acts,  Sec.  86 144 

Burnt  District,  powers  relat- 
ing to. 

App.  A,  Sec.  31 1259-1260 

City  Surveyor  to  perform 
duties  under  direction  of. 

Ords.,  Art.  37,  Sec.  2....1148 

dirt,  lumber,  etc.,  in  streets, 
removal  at  expense  of 
owner  or  offender, 

Ords.,  Art.  25,  Sec.  73.  ..  981 

fires  in  streets,  conditions  of, 
permit  for. 

Ords..  Art.  25,  Sec.  75....  983 

grades  of  streets,  notify  City 
Surveyor  of  changes,  {"See 
Streets,  Bridges  and  High- 
ways,"  and  "Streets  and 
City  Engineer. ' ' ) 

Jones’  Falls,  prevent  obstruc- 
tion of. 

Ords.,  Art.  18,  Sec.  1 888 

landmarks  placed  in  streets 
by,  penal  tv  for  injury  to. 

Ords.,  Art.  25,  Sec.  56....  976 

member  of  Board  of  Com- 
missioners for  Opening 
Sewers. 

Ords.,  Art.  33,  Sec.  1....1060 

notice  by  before  improved 
paving  is  laid. 

Acts,  vSec.  86B. 


146 


CITY  ENGINEER. 


1352  CITY  PASSENGER. 


Page 

CITY  ENGINEER— (Cont’d). 


Paving  Commission,  chief 
engineer  of. 

Acts,  Sec.  §841m 538 

Paving  Commission,  duties 
not  affected  by. 

Acts,  Sec.  §841s 544 

pavements,  protection  of  im- 
proved. 

Acts,  Sec.  86B 145 


paving  of  streets,  etc.,  opened 
by  water  board. 

Ords.,  Art.  40,  Sec.  27:...1186 

permits  for  tearing  up  im- 
proved pavements. 

Acts,  Sec.  86C 146 

public  improvements,  mem- 
ber and  president  of  Board 
of. 

Acts,  Sec.  84 143 

sewer  construction,  to  furnish 
plans  and  specifications  for 
contracts. 

Ords.,  Art.  33,  Sec.  22....1073 

sewers,  direct  cleaning  of  by 
Commission  of  Street  Clean- 
ing. 

Ords.,  Art.  36,  Sec.  2 1140 

1141 

subordinates,  appointment  of, 
compensation  of,  how  fixed. 

Acts,  Sec.  86 145 

survey  for  sewers  and  super- 
intendent of  construction. 

Ords.,  Art.  33,  Sec.  21.... 1073 

tapping  sewers,  permit  for, 
penalty. 

Ords.,  Art.  33,  Sec.  23....1073 

tapping  of  sewers  in  connec- 
tion with  drainage  of  cess- 
pools. 

Ords.,  Art.  14,  Sec.  145..  841 
842 

trees  obstructing  streets,  re- 
moval of. 

Ords.,  Art.  25,  Sec.  107..  994 

vaults  and  areas,  notice  to 
conform  to  permit. 

Ords.,  Art.  3,  Sec.  160....  661 

Water  Board  to  pave  streets 
on  notice  from. 

Ords.,  Art.  40,  Sec.  29....1187 


Page 

CITY  HALL, 

Superintendents  of  Public 
Buildings,  to  have  charge 
of. 

Acts,  Sec.  207 209 

CITY  HALL  AND  ANNEX, 

employes  in,  salaries. 

Ords.,  Art.  28,  Sec.  2....1005 

CITY  LIBRARIAN, 

See  '‘'Librarian.'''' 

CITY  LIMITS, 

water  furnished  outside; 
charges  for. 

Ords.,  Art.  41,  Sec.  72, 

1222-1223 

CITY  LOANS, 

list  of  holders  of,  to  be  fur- 
nished to  City  Register. 

Acts,  Sec.  152 174 

CITY  OFFICERS, 

See  under  titles  of  various 
municipal  officials  and  city 
departments. 

CITY  OFFICIALS, 

Comptroller  may  examine 
accounts  of;  to  report  there- 
on. 

Ords  , Art.  6,  Secs.  2-3..  699 

— may  require  accounting 


from. 

Ords.,  Art.  6,  Sec.  3 699 

floating  debt,  prohibited. 

Acts,  Sec.  40 120 


CITY  PASSENGER  RAIL- 
WAYS, 

See  "United  Railways  and 
Electric  Company  f ’ ‘ 'Rail- 
roads and  Railways" 

all-night  cars;  lines  on  which 
cars  are  to  be  run. 

Ords.,  Art.  30,  Sec.  22.... 

1022-23 


CITY  PATIENTS. 


CITY  REGISTER. 


1353 


Page 

CITY  PATIENTS, 

See  '‘''Charities,  Supervisor  of 
City.  ’ ’ 

death  of,  burial  of,  etc. 

Ords.,  Art.  16,  Sec.  9, 11, 

871-2 

maintenance  and  treatment, 
report  on. 

Ords.,  Art.  16,  Sec.  8....  871 

CITY  PROPERTY, 

See  '‘'Property.^'' 

CITY  REGISTER, 

See  "Assessments,**  "Assess- 
ments for  faxes,  * * Bene- 
fits, **  “ Condemnation  of 

Property,  * * ‘ '‘Damages,  * * 

"Openmg,  Closing,  Etc., 
Streets,**  "Sales**  and 
‘ ‘ Taxes.  * * 

absence  or  sickness  of. 

Ords.,  Art.  6,  Sec.  21....  705 

advertisements  — deposit  of 
proceedings  of  Commission- 
ers for  Opening  Streets. 

Acts,  Sec.  177 195 

— list  of  licensed  pawnbrok- 
ers. 

Ords.,  Art.  41,  Sec.  35. .1209 
— newspapers;  payment  of; 
certificate  required  before 
payment;  discounts. 

Ords.,  Art.  1,  Sec.  28,  579-580 

aliens,  per  capita  tax  on,  in 
lieu  of  bond. 

Acts,  Sec.  524 333 

alphabetical  list  of  streets, 
lanes,  alleys,  etc. 

— copies  to  be  kept  in  City 
Register’s  Office  and  in 
office  of  Clerk  of  Superior 
Court, 

Ords.,  Art.  6,  Sec.  28...  707 
— new  and  old  names  to  be 
given  therein, 

Ords.,  Art.  6,  Sec.  28....  707 

annual  report  to  City  Coun- 
cil. 

Ords.,  Art.  6,  Sec.  23....  706 

appointment  of. 

Acts,  Sec.  35 112 


Page 

CITY  REGlSTER-rCont’d). 

appointments  of  officers  of 
corporation— to  keep  record 
of. 

Ords.,  Art.  6,  Sec.  23....  705 

assignment  of  damages  as- 
sessed in  sewer  condemna- 
tions. 

Ords.,  Art.  33,  Sec.  5....1062 


— in  opening,  etc.,  streets. 

Acts,  Sec.  174 190 

authority  and  duties  of. 

Acts,  Sec.  35 112 

bills  or  orders  for  public  im- 
provements; when  to  be 
paid  by. 

Ords.,  Art.  6,  Sec.  5 700 

Board  of  Awards,  to  be  mem- 
ber of. 

Acts,  Sec.  15 99 


bond  of;  approval  of;  Mayor 
to  be  custodian  of. 

Ords.,  Art.  6,  Sec.  19....  704 

books  and  papers  of  Commis- 
sioners for  Opening  Streets, 


deposit  with. 

Acts,  Sec.  192 202 

cases  cited. 

Acts,  Sec.  35 113 


certified  copies  of  public  pa- 
pers to  be  furnished;  to 
make  searches  of  records; 
charges  for  same. 

Ords.,  Art.  1,  Sec.  48....  587 

certificate  of  investment  of 
sums  due  as  damages  in 


street  openings. 

Acts,  Sec.  185 200 

— of  payment  of  benefits  as- 
sessed in  street  opening. 
Acts,  Sec.  186 200 


— of  stock,  issue  of  duplicates 
when  lost,  etc. 

Ords.,  Art.  34,  Secs.  6-7, 

1078-79 

checks  to  be  signed  by. 

Acts,  Sec.  20A 101 

city  moneys;  to  be  custodian 
of. 

Ords.,  Art.  6,  Sec.  23....  705 


CITY  REGISTER. 


CITY  REGISTER. 


1354 


Page 

CITY  REGISTER— (Cont’d). 
claims  against  city;  payment 
of,  by. 

Ords.,  Art.  6,  Sec.  23....  706 
Commissioners  for  Opening 


Streets,  expenses  of. 

Acts,  Sec.  191 202 

corrected  list  of  holders  of 
city  loans. 

Acts,  Sec.  152 174 


cost  of  burial  of  city  insane. 

Ords.,  Art.  16,  Sec.  9....  872 

deposit  of  city  moneys. 

Ords.,  Art.  6,  Sec.  23....  705 

Deputy  Register. 

Acts,  Sec.  35 112 

— bond  and  oath  of. 

Ords.,  Art.  6,  Sec.  20....  705 
— duties  of. 

Ords.,  Art.  6,  Sec.  20.... 

704-705 

— to  act  in  absence  of  City 
Register. 

Ords.,  Art.  6,  Sec.  21....  705 

disbursements  by;  record  of. 

Ords.,  Art.  6,  Sec.  23....  706 

duties  of. 

Ords.,  Art.  6,  Sec.  23.... 

..705-706 

— in  appeals  in  opening, 
etc.,  sewers. 

Ords.,  Art.  33,  Sec.  9.... 

1067-68 

Electrical  Commission,  mem- 
ber of,  ex-officio. 

Ords.,  Art.  9,  Sec.  1 718 

— sworn  statement  of,  month- 
ly- 

Ords.,  Art.  9,  Sec.  15....  723 

expenses— in  assessment  of 
damages,  etc.,  in  opening, 
etc. , streets — payment  of. 

Acts,  Sec.  175 191 

— of  Burnt  District  Commis- 
sion— payment  of. 

App.  A,  Sec.  22 1253-1254 

fees — collected  by;  accounting 
of. 

Ords.,  Art.  6,  Sec.  27....  707 
— of  keepers  of  weights,  etc., 
division  of  among;  re- 
port to  Council. 

Ords.,  Art.  17,  Sec.  22..  883 


CITY  REGISTER— (Cont’d). 

finance,  official  of  depart- 
ment of. 

Acts,  Sec.  32 110 

financial  report  to  City  Coun- 
cil by. 

Ords.,  Art.  6,  Sec.  23....  706 

fines,  forfeitures  and  penal- 
ties from  J.  P’s — accounting. 

Acts,  Sec.  644 386 

— remitted  by  Mayor,  list  of. 

Ords.,  Art.  10,  Sec.  6....  730 

holders  of  city  stock,  to  make 
list  of. 

Ords.,  Art.  34,  Sec.  4....1078 

immigrants,  per  centum  of 
monies  collected  thereun- 
der. 

Acts,  Sec.  530 336 

interest  on  deposits  of  city 
funds. 

Ords.,  Art.  6,  Sec.  23,  705-706 

Jones’  Falls,  removing  ob- 
structions from,  expense 
of. 

Ords.,  Art.  18,  Sec.  1....  888 

journals,  petition,  memorials, 
etc.  of  City  Council 
branches;  custodian  of. 

Ords.,  Art.  1,  Sec.  19...  577 

jurors,  per  diem  of. 


Acts,  Sec.  621 373 

lists  of  holders  of  city  loans 
to  be  furnished  to  Appeal 
Tax  Court. 

Acts,  Sec.  151 173 


Maryland  Institute;  contract 
with;  report  of  president  of; 
inspection  of. 

Ords.,  Art.  32,  Secs.  28, 

30,  31 1053-4 

Mayor  to  audit  accounts  of. 

Ords.,  Art.  6,  Sec.  23....  706 

method  of  paying  claims 
against  city  to  be  followed 
by. 

Ords.,  Art.  6,  Sec.  29....  708 
and  note 708-709 

nuisances,  costs  a s s e s's  e d 
against  owners  forremoval 
of. 

Ords.,  Art.  14,  Sec.  85..  823 


CITY  REGISTER. 


CITY  REGISTER. 


1355 


Page 

CITY  REGISTER— (Cont’d). 

obstruction  in  streets,  ex- 
penses of  removal  of. 

Acts,  Sec.  189 201 

office  hours  of. 

Ords.,  Art.  6,  Sec.  25....  706 
— of  sub-department  on  Tues- 
day and  Fridays. 

Ords.,  Art.  6,  Sec.  30....  709 
and  note 708-709 

office  papers  and  records  not 
to  be  removed. 

Ords.,  Art.  1,  Sec.  48....  587 

opening,  etc.,  streets,  (See 
'‘'‘Commissioners  for  Open- 


ing Streets.  ’ ’ ) 

Acts,  Sec.  179 196 

— advertisement  of  proceed- 
ings. 

Acts,  Sec.  177 195 


Ordinances  and  Resolutions; 
copies  to  be  sent  to  heads 
of  departments. 

Ords.,  Art.  1,  Sec.  25,  578-579 
— publication  of,  by. 

Ords.,  Art.  1,  Sec.  27....  579 

per  diem  of  Commissioners 
for  Opening  Streets  and 
clerk. 

Acts,  Sec.  190 201 

proceedings  in  opening,  etc., 
streets  production  of,  to 
City  Court. 

Acts,  Sec.  179 196 

— in  sewer  openings  to  be 
filed  with,  notice  of  to 
persons  affected. 

Ords..  Art.  33,  Sec.  8.. 1065-6 
— of  Commissioners  for  Open- 
ing Streets,  deposit  with. 

Acts,  Sec.  177 195 

proofs  of  ordinances,  etc. , to 
be  examined  by. 

Ords.,  Art.  1,  Sec.  27....  579 

Quarantine  Hospital;  fines  to 
be  credited  to. 

Ords.,  Art.  14,  Sec.  178  858 

removable  at  pleasure  of 
Council. 

Acts,  Sec.  35 


Page 


CITY  REGISTER— (Cont  d). 
return  of  Commissioners  for 
Opening  Streets. 

Acts,  Sec.  181 198 

sales  for  taxes,  custodian  of 
residue  from. 

Acts,  Sec.  45 124 

— investment  of  surplus  from 
in  public  debt. 

Acts,  Sec.  46 124 


seal  of  city;  when  to  be  fur- 
nished free. 

Ords.,  Art.  1,  Sec.  51....  588 

state  tax  on  city  loans  to  be 
deducted  from  interest 
thereon. 

Acts,  Sec.  153 174 

stock  certificates;  form, 
amount,  issue,  transfer,  etc. 

Ords.,  Art,  34,  Secs.  1-4 

1077-8 

— clerk  ; to  be  clerk  to  Board 


of  Awards, 

Ords.,  Art.  6,  Sec.  26 707 

subordinates  of;  salaries  of. 

Ords.,  Art.  6,  Sec.  26 707 

successor  to  give  bond. 

Ords.,  Art.  6,  Sec.  22 705 


superseded  judgments  for 
fines,  to  collect  by  execu- 
tion. 

Ords.,  Art.  10,  Sec.  5 730 

supervise  and  direct  City  Li- 
brarian. 

Acts,  Sec.  196 203 

temporary  loans  by,  author- 
ized. 

Ords.,  Art.  6,  Sec.  24....  706 

Topographical  Survey  Com- 
mission, member  of. 

Acts,  Sec.  840 529 

Ords.,  Art.  39.  Sec.  3 ...  1173 

unsafe  building,  payment  of 
cost  of  removal  of. 

Ords.,  Art.  3,  Sec.  151....  658 

vacancy  in  office  of. 

Acts,  Sec.  35 112 

void  ordinance  for  opening, 
etc.  streets,  duty  in. 

Acts,  Sec.  180 


112 


198 


CITY  SOLICITOR. 


CITY  SOLICITOR. 


1356 


Page 


CITY  SOLICITOR— (Cont’d). 


Page 


CITY  SOLICITOR, 

See  ‘ ‘ Conveyances-,  ’ ’ ‘ 'Deeds 
and  Leases;'^  "Law  De- 
partment / ” “ Legal  In- 

struments'''' and  " Suits. 


appeals  in  suits  to  which  city 
is  a party  to  be  taken  on 
his  order. 

Acts,  Sec.  66 136 

appointment,  qualifications 
and  salary. 

Acts,  Sec.  61 133 


Assistant  City  Solicitor, 


— condemnation  of  property 
for  city  purposes  ; duties 
of  assistant  in  relation  to 
titles,  etc. 

Ords.,  Art.  5,  Sec.  2 695 

— deeds,  etc.,  to  city  to  be  ap- 
proved by. 

Ords.,  Art.  5,  Sec.  1 695 

— examination  of  titles  by. 

Acts,  Sec  62 134 

— further  duties  relating  to 
titles. 

Ords.,  Art.  5,  Sec.  2 696 

— reports  of  titles  in  appeals 
from  Commissioners  for 
Opening  Streets. 

Ords.,  Art.  5,  Sec.  2 696 

— titles  involved  in  munici- 
pal litigation;  duties  of 
assistant  relating  to. 

Ords.,  Art.  5,  Sec.  2 696 

assistants  of;  appointment  of. 

Acts,  Sec.  62 133 

— salaries  of. 

Acts,  Sec.  62 134 

Board  of  Awards,  to  be  mem- 
ber of. 

Acts,  Sec.  15 99 

Board  of  Estimates,  to  be  mem- 
ber of. 

Acts,  Sec.  36 113 

cases  cited,  note 134 


certificate  as  to  claimants  for 
damages  assessed,  etc. 

Ords.,  Art.  38,  Sec.  31 

1167-1168 

clerk,  stenographer  and  type- 
writer of. 

Acts,  Sec.  65 


Clerk  to. 

Acts,  Sec.  65 135-136 

— compensation  and  duties  of 
clerk. 

Acts,  Sec.  65 135 

— custodian  of  law  depart- 
ment. 

Acts,  Sec.  65 135 

— docket  of  pleadings  and 
suits  to  be  kept. 

Acts,  Sec.  65 136 

— law  books  of  city  to  be  pre- 
served. 

Acts,  Sec.  65 136 

— opinions  of  City  Solicitor 
to  be  preserved  and  filed. 
Acts,  Sec.  65 136 

certificates  of  title  in  assign- 
ments of  damages. 

Acts,  Sec.  174 190 

contracts,  to  be  approved  by. 

Acts,  Sec.  15 99 

deeds  or  transfers  of  property 
to  city. 

Ords.y  Art.  5,  Sec.  1 695 

Department  of  Legislative 
Reference,  on  Board  of. 

Acts,  Sec.  208A 210 

duties  and  powers. 

Acts,  Sec.  62-67 133-136 

duties  of  Assistant  City  Solici- 
tors. 

Acts,  Sec.  62 134 

employment  of  persons  to  aid 
in  examination  of  titles  in 
opening,  etc.,  streets. 

Ords.,  Art.  5,  Sec.  3 696 

examination  of  titles;  Assist- 
ant City  Solictor  assigned 
to  such  work  to  make  same. 

Ords.,  Art.  5,  Sec.  1 695 

— contracts  not  to  be  made  or 
purchase  money  for  lands 
paid  until  made. 

Ords.,  Art.  5,  Sec.  1 695 

—expense  of  in  street  open- 
ings. 

Ords.,  Art.  5,  Sec.  3 696 

— to  employ  persons  to  aid  in. 

Acts,  Sec.  62 134 

grading,  paving,  etc.,  to  ap- 
prove ordinances  for. 

Ords.,  Art.  35,  Sec.  89.1125 


135 


CITY  SOLICITOR. 


CITY  WELLS. 


1357 


Page 

CITY  SOLICITOR— (Cont’d). 


head  of  Department  of  Law. 

Acts,  Sec,  60 133 

legal  adviser  of  city. 

Acts,  Sec.  62 133 

legal  instruments;  to  pass 
upon  or  approve  same. 

Acts,  Sec.  63 135 


licenses  and  water  rents;  en- 
forcement of  provisions  re- 
lating to. 

Ords.,  Art.  41,  Sec.  15..1200 


Page 

CITY  SOLICITOR— (Cont’d). 

unsafe  and  condemned  build- 
ings collection  of  cost  of 
securing. 

Ords,,  Art.  3,  Sec.  151..  658 

CITY  STOCK, 

See  "'Appeal  Tax  Court p' 
"Assessments  of  Proper- 
ty p ’ ‘ ‘ Commissioners  of  Fi- 
nance p ’ ‘ ‘ Opening,  Closing, 
etc. , Streets p ’ ‘ "Sewers,  ’ ’ 
and  "Stocks,  Loans  and 
Finance.  ’ ’ 


opinions  on  legal  questions  to 
be  given  in  writing. 

Acts,  Sec.  63 135 


preparation  and  trial  of  suits, 
etc. 

Acts,  Sec.  62 133 


property  acquired  in  Annex, 
certify  titles  to. 

Acts,  Sec.  §841  e 533 


CITY  STOCK  FOR  NEW 
SEWERAGE  SYSTEM, 

See  "Sezvers" ’ and  Stocks, 
Loans  and  Finance." 

CITY  SURVEYOR, 

See  "Streets,  Bridges  and 
Highways,  ” sub-title 
"Grades  of  Streets"  and 
‘ "Surveyor.  ’ ’ 


records  of  Commissioners  for 
Opening  Streets,  to  pre- 
scribe form  of. 

Acts,  Sec.  173 190 

recovery  of  lost  or  converted 
city  property. 

Ords.,  Art.  21,  Sec.  4....  906 

sales  for  taxes;  duties  respect- 
ing sales  by  Comptroller. 

Ords.,  Art.  38,  Sec.  37..1170 

suits,  actions  and  proceedings; 
authority  to  institute. 

Acts,  Sec.  66 136 

suits  for  violation  of  license 
ordinances. 

Ords.,  Art.  41,  Sec.  15..1200 

supervise  record  of  proceed- 
ings of  Commissioners  for 
Opening  Sewers. 

Ords.,  Art.  33  Sec.  4....1061 


titles  to  city  property. 

Ords.,  Art.  5,  Sec.  1 695 

— titles  to  property  donated 
for  streets,  opinions  on. 
Acts,  Sec.  193 202 

traveling  expenses,  allowance 
of. 

Acts,  Sec.  67 136 


compensation. 

Acts,  Sec.  §833a 525 

establishment  of  permanent 
grade  lines  by. 

Ords.,  Art.  35,  Sec.  39.... 

1104-1105 

fees  for  surveying. 

Acts,  Sec.  43 122 

grade  lines,  establishment 
and  change  of. 

Ords.,  Art.  35,  Secs.  41- 

45 1105,  1107 

grades  of  streets,  establish- 
ing, {See " "Stfeets,  Bridges 
and  Highways."') 

Commissioners  for  Opening 
Sewers ; duties  relating 
to. 

Ords.,  Art.  33,  Sec.  4 1061 

survey  of  property  sold  for 
taxes. 

Acts,  Sec.  43 123 

CITY  WELLS, 

not  to  be  used  as  drains  for 
water  closets,  etc.;  pen- 
alty. 

Ords.,  Art.  14,  Sec.  151..  843 


CITY  WORK 


CLERK  CIRCUIT. 


1358 


CLAREMONT  S T O C 
YARDS, 


Page 

CITY  WORK, 

City  Engineer  authorized  to 
employ  skilled  labor  for. 

Ords.,  Art.  35,  Sec.  5 ....1092 

CIVIL  GOVERNMENT, 

text  book  on  to  be  furnished 
to  public  schools. 

Acts,  Sec.  §816a 503 

CLAIM, 

where  part  is  admitted — prac- 
tice. 

Acts,  Sec.  312 265 

CLAIMS  AGAINST  CITY, 

See  ‘ ‘ City  Register  ’ ’ and 
‘ ‘ Comptrotler.  ’ ’ 

Board  of  Estimates  to  pass 
on. 

Acts,  Sec.  39 120 

Comptroller  to  approve. 

Ords.,  Art.  6,  Sec  4..699,  700 
— to  audit. 

Acts,  Sec.  34 110 

method  of  payment  of. 

Ords.,  Art.  6,  Sec.  33 708 

and  note 708,  709 

officials  and  employes  of 

city  not  to  be  interested 
in. 

Ords.,  Art.  1,  Sec.  37 

582,  583 

payment  of. 

Ords.,  Art.  6,  Sec.  4 

699,  700 

— by  City  Register. 

Ords.,  Art.  6,  Sec.  23 706 

— to  be  made  only  on 

signed  written  orders. 

Ords.,  Art.  6,  Sec.  33 710 

and  note 708-709 

CLAIMS  AGAINST  POLICE, 

See  '"'‘Speciat  Police  Fund.''' 

CLAIMS  BEFORE  COUNCIL, 

See  ''"City  Council.'''' 

CLAIMS  OF  CITY, 

prosecution  of  against  United 
States  by  Mayor ; compen- 
sation for  attorneys  there- 
for. 

Ords.,  Art.  1,  Sec.  5 


driving  cattle,  etc.,  to  and 
from,  streets  to  be  used  for. 
Ords.,  Art.  25,  Sec.  29....  968 

CLEANERS  OF  MARKETS, 

salaries  and  duties  of  cleaners 
of  the  various  markets. 

Ords.,  Art.  23,  Sec.  2..918-919 

CLEANERS  OF  PRIVIES, 

See  '‘'‘Privies.’’'' 

CLEANING  AND  LIGHTING 
STREETS, 

See  "Lamps  and  Lighting'’'’ 
and  '‘'‘Street  Cleaning.'” 

general  powers. 

Acts,  Sec.  6 80 

CLEANING  DOCKS, 

See  "Harbor,  Docks  and 
Wharves.  ’ ’ 

Ords.,  Art.  13,  Sec.  21....  781 

CLEANING  MARKETS, 

See  "Markets.” 

removal  of  dirt,  filth  and 
snow  by  clerks  of  markets. 
Ords.,  Art.  23,  Sec.  4 920 

CLEANING  PRIVIES. 

allowed  in  daytime ; when. 

Ords.,  Art.  14,  Sec.  141..  840 

CLEANING  OF  STREETS, 

See  "Street  Cleaning,”  sub- 
title ‘ ‘ Commissioner  of.  ’ ’ 

Acts,  Sec.  83 143 

snow,  removal  from  side- 
walks. 

Ords.,  Art.  25,  Sec.  76....983-4 

CLEANING  VESSELS, 

when  required ; penalty  for 
refusal. 

Ords.,  Art.  14,  Sec.  163....  849 

CLERK  CIRCUIT  COURT 
No.  2, 

additional  clerk. 

Act,  Sec.  327. 


573 


275 


CLERK  OF. 


CLERKS  OF. 


Page 


1359 


Page 

CLERK  OF  APPEAL  TAX 
COURT, 

failure  to  perform  duties ; 
penalty. 

Acts,  Sec.  164B 182 

CLERK  OF  CRIMINAL 
COURT, 

See  ‘ ‘ Criminal  Court.  ’ ’ 


bail  on  defendant’s  own  re- 
cognizance. 

Acts,  Sec.  §278c 247 

bail,  taken  only  on  authority 
of  conrt. 

Acts,  Sec.  §278a 246 

recognizance,  to  sign. 

Acts,  Sec.  §278d 247 


CLERK  SUPERIOR  COURT, 

See  '‘"Land  Records.''' 
jury  books,  deposit  with. 


Acts,  Sec.  608 365 

list  of  jurors,  custody  of. 

Acts,  Sec.  602 360 


CLERK  TO  COMMISSION- 
ERS FOR  OPENING  SEW- 
ERS, 

to  record  proceedings  of  com- 
missioners ; other  duties. 

Ords.,  Art.  33,  Sec.  4 1061 

duties  of. 

Acts,  Sec.  173 190 

CLERK  TO  EXAMINING 
BOARD  OF  FIRE  DEPART- 
MENT, 

duties  of. 

Ords.,  Art.  11,  Sec.  23....  744 

CLERK  TO  GRAND  JURY, 

See  ""Jurors.'" 

CLERK  TO  MAYOR, 

See  ""Mayor.’'’' 

CLERKS  AND  DEPUTIES, 

appointment  and  removal  of. 

Acts,  Sec.  28 107 

CLERK  OF  CITY  COUNCIL, 

See  ""City  Council.'’' 


CLERKS  OF  COURTS, 

See  ""Courts." 

alienations  and  sales  of  prop- 
erty to  be  reported  to  Ap- 
peal Tax  Court. 

Acts,  Sec.  165 182 

alienations  of  property,  chan- 
cery sales,  etc. — list  to  be 
furnished. 

Acts,  Sec.  165 182 

Appeal  Tax  Court — duties  and 
salary  of  clerk. 

Acts,  Sec.  146 170 

bailiffs  and  criers — to  certify 
salaries  of. 

Acts,  Sec.  372 288 

blank  licenses — provisions  ap- 
plying to. 

Acts,  Sec.  363 284 

bond  of  Criminal  Court  clerk. 

Acts,  Sec.  367 286 

— renewal  of  bond. 

Acts,  Sec.  368 286 

bonds — of  clerks  of  Circuit 
Courts. 

Acts,  Sec.  369 286 

— of  clerks  of  the  Law  Courts 
of  Baltimore  City. 

Acts,  Sec.  357 282-283 

— failure  to  g i v e — effect  of. 

Acts,  Sec.  360 283-284 

— judge  of  each  court  certify 
sufficiency  of. 

Acts,  Sec.  357 283 

— renewal  of  bi-ennially. 

Acts,  Sec.  359 283 

— to  be  recorded. 

Acts,  Sec.  358 283 

clerk  Superior  Court  to  copy 
certain  records. 

Acts,  Secs,  364,  §364a, 
§364b 285 

Common  Pleas,  license  to 
pawnbrokers. 

Acts,  Sec.  693 423 

Comptroller  to  approve  bonds. 

Acts,  Sec.  358 283 

copies  of  land  records  to  be 
evidence. 

Acts,  Sec.  365. 


285 


CLERKS  OF. 


COAL. 


1360 


CLERKS  OF  MARKETS-(ContNfv 


CLERKS  OF  COURT— (Cont’d^^ 
Court  of  Common  Pleas  pay- 
ment  of  license  fees  to  State.  ' 


Acts,  Sec.  679 416 

deputy  or  assistant  of  clerk 
not  to  become  surety  of. 

Acts,  Sec.  361 2S4 

fines,  etc.,  from  justices;  ac- 
counting by  clerk  of  Court 
of  Common  Pleas. 

Acts,  Sec.  643 385 

indexing  judgments — clerks 
fees. 

Acts,  Sec.  362 284 

indexes  of  judgments  in  Law 
Courts. 

Acts,  Sec.  362 284 

jurors,  certificate  of,  per  diem 
of 

Acts,  Sec.  621 373 

— lists  of  showing  service 
and  amounts  due,  to  City 
Register. 

Ords.,  Art.  19,  Sec.  1 891 


night-watchmen ; appoint- 
ment  of,  duties  and  sala- 


ries. 

Acts,  Secs,  375-378 289 

record  books  to  be  kept. 

Acts,  Sec.  366 286 

salaries  payable  out  of  fees ; 
when  fees  insufficient,  pro- 
viso. 

Acts,  Sec.  370 287 

salary  of  trust  clerk  of  Circuit 
Courts. 

Acts,  Sec.  371 287 


CLERKS  OF  MARKETS, 

See  "^Markets.'* 


Broadway  market ; penalty. 

Ords.,  Art.  23,  Sec.  66....  939 

distress  for  rent. 

Acts,  Sec.  6 62 

Fells  Point  market,  regulating 
sales  and  stalls. 

Ords.,  Art.  23,  Secs.  79- 
80 943 


Lexington  market ; powers 
and  duties  of. 

Ords.,  Art.  23,  Sec.  94....  947 


police  powers  of  in  market 
limits. 

Ords.,  Art.  23,  Sec.  1 918 

puddings  and  sausages ; sale 
of. 

Ords.,  Art.  41,  Sec.  17....1201 

to  collect  per  diem  fee  from 
each  dealer  in  markets. 

Ords.,  Art.  23,  Sec.  16....  923 

CLOSING  SALOONS, 

See  ''Police  Commissioners P 

CLOSING,  STRAIGHTENING, 
ETC.,  STREETS, 

See  "Opening,  Closing,  Etc., 
Streets,  ’ ’ and  ' 'Streets, 
Bridges  and  Highway s.^^ 

Burnt  District  Commission — 
powers  of  in. 

App.  A,  Sec.  28 1256-1257 

CLOTHING,  MERCHANDISE, 
ETC., 

markets  — sale  in  unlawful, 
penalty,  proviso. 

Ords.,  Art.  23,  Sec.  34..929-30 

COAL, 

See  "Inspections,  Weights  and 
Measures." 

Ords.,  Art.  17,  Sec.  31....  885 

not  to  be  unloaded  from  cars 
in  streets ; proviso. 

Ords.,  Art.  30,  Sec.  3. .1016-17 

policemen  to  enforce  coal  law 
— powers  and  duties  of  po- 
licemen ; penalty. 

Acts,  Secs.  537,  539A..338-339 

sales  by  bushels,  etc. 

Acts,  Sec.  540 339 

— by  wagon ; coal  to  be 
weighed  ; penalty. 

Acts,  Sec.  536 337-338 

scales  to  be  provided  by  seller 
of  coal ; penalty  for  failure. 

Acts,  Sec.  535 337 

seller  to  provide  memoran- 
dum of  weight ; penalty  for 
failure. 

Acts,  Sec.  538 338 

seller’s  compensation  for 
weighing. 

Acts,  Sec.  539. 


339 


COAL  AND  CORK.  1361  COLLECTOR  OF. 


Page 

COAL  AND  COKE, 

may  be  used  in  locomotive 
engines. 

Ords.,  Art.  30,  Sec.  16....1021 

COAL  OIL,  GASOLINE  AND 
INFLAMMABLE  COM- 
POUNDS, 

See  '"'‘Fire  Regulations." 

lighting  or  heating  of  sweat- 
shops by,  prohibited. 

Acts,  Sec.  280 252 

COAL  OIL  ILLUMINANTS, 

See  ‘ 'Fire  Regulations'  ’ and 
"Lamps  and  Lighting" . 

regulating  use  of. 

Ords.,  Art.  20,  Secs.  25, 

28,  29 902-903 

COASTING  ON  BICYCLES, 

where  prohibited,  penalty. 

Ords.,  Art.  25,  Sec.  89..  988 

COASTING  OR  SLEDDING, 

across  or  near  crossings  of 
railway  tracks,  unlawful, 
penalty. 

Ords.,  Art.  25,  Sec.  90....  988 

COBBLESTONE  PAVE- 
MENTS, 

prohibited  within  city  limits. 

Ords.,  Art.  35,  Sec.  77  .1120 

CODE,  EFFECT  OF, 

vested  rights,  unimpared  by.  1229 

repealable  or  revocable  rights 
unaffected 1229 

contracts,  effect  on 1229 

suits  and  actions 1229 

taxes  levied  or  proceedings 
taken  heretofore 1229 

laws,  ordinances  and  resolu- 
tions embraced  in  this  Code  1230 

same  excluded 1230 

status  of  temporary  public 
ordinances,  quasi  public 
and  private  ordinances 1230 


Page 

COFFEE  BROKER, 

license  for. 

Acts,  Sec.  694 424 

COLLARS  ON  DOGS, 

See  "Dogs." 

required  on  all  dogs  in  city 
limits. 

Ords.,  Art.  41,  Sec.  20....1202 

COLLATERAL  FOR  AP- 
PEARANCE, 

See  ‘ 'Justices  of  the  Peace.  ’ ’ 

COLLECTION  OF  FINES 

AND  PENALTIES, 

See  "Fines  Forfeitures  and 
Penalties^  ’ ’ and' ' Water. ' ’ 

COLLECTION  OF  PICT- 

URES OF  CITY, 

See  "Librarian." 

City  Librarian  to  acquire  and 
develop. 

Ords.,  Art.  21,  Secs.  6- 
9 907 

COLLECTION  OF  TAXES, 

See  ' ' City  Collector;'  ’ ‘ 'Sales'  ’ 
and  "Taxes." 

arrears  for  taxes,  expense  of 


collecting. 

Acts,  Sec.  51 128 

Collector’s  death,  resignation, 
etc.,  effect  of. 

Acts,  Sec.  51 A 128 

general  powers  of  city. 

Acts,  Sec.  6 86 


paving,  etc.,  tax. 

Ords.,  Art.  35,  Sec.  75..1119 

COLLECTOR,  CITY, 

See  "City  Collector." 

COLLECTOR  OF  CITY 
TAXES, 

See  "City  Collector." 


COLLECTOR  OF 


COLLECTOR  OF 


1362 


Page 

COLLECTOR  OF  STATE 
TAXES, 

See  ‘ ‘ City  Collector.  ’ ’ 


appointment  of. 

Acts,  Sec.  52 129 

appointment  of,  when  Gover- 
nor may  appoint. 

Acts,  Sec.  56 131 

books  of,  examination  by 
State  Treasurer. 

Acts,  Sec.  55 131 

bond  of. 

Acts,  Sec.  53 130 

— to  be  recorded  and  filed  in 
office  of  State  Comptroller. 
Acts,  Secs.  53,  56 130-131 

certificates  of  deposit  to  be 
transmitted  to  State  Treas- 
urer, penalty  for  failure. 

Acts,  Sec.  54 130 

City  Collector  to  be. 

Acts,  Sec.  58 131 

commission  of,  levy  for. 

Acts,  Sec.  57 131 

compensation  of. 

Acts,  Secs.  52,  57 129.  131 

daily  deposits  of  State  taxes. 

Acts,  Sec.  54 130 


duties  of. 

Acts,  Secs.  52,  54 129,130 

percentage  for  collection  of 
state  taxes. 

Ords.,  Art.  38,  Sec.  32. .1168 

COLLECTOR  OF  WATER 
RENTS  AND  LICENSES, 

See  '‘''Licenses'''  and  '''’Water 
Rents.  ’ ’ 

Ords.,  Art.  41,  Sec.  1....1195 
1196 

abatements,  when  to  be' 
made. 

Ords.,  Art.  40,  Sec.  8....1180 

appointment  of. 

Acts,  Sec.  59 132 

Ords.,  Art.  40,  Sec.  4.. ..1178 


Page 

COLLECTOR  OF  WATER 
RENTS  & LICENSES-(Cont’d). 

assistants  and  clerks  of. 

Acts,  Sec.  59 132 

bills  and  accounts  for  water 
used. 

Ords.,  Art.  40,  Sec.  4....1178 

bills  for  water  rates  and  dis- 
counts to  be  printed  on. 

Ords.,  Art.  40,  Sec.  6....1179 

charges  and  rates  for  water, 
when  due  and  payable. 

Ords.,  Art.  40,  Sec.  5....1179 

discounts  on  water  bills. 

Ords.,  Art.  40,  Sec.  5 1179 

duties  of. 

Acts,  Sec.  59 132 

Ords.,  Art.  40,  Sec.  4.. ..1178 

Finance,  ofiicial  of  Depart- 
ment of. 

Acts,  Sec.  32 110 

funds  for  water  payable  to, 
accounting  therefor  t o 
Comptroller. 

Ords.,  Art.  40,  Sec.  4.. ..1179 

licenses  for  privy  cleaning, 
revocable  by. 

Ords.,  Art.  14,  Sec.  140..  840 

— for  vehicles,  boats  and 
scows. 

Ords.,  Art.  41,  Sec.  75....1223 

office  of,  may  be  abolished  by 
ordinance. 

Acts,  Sec.  59 133 

rates  for  water,  when  due  and 
payable. 

Ords.,  Art.  40,  Sec.  5.... 1179 

refusal  and  revocation  of 
licenses. 

Ords.,  Art.  41,  Sec.  14..1200 

report  to  of  building  using 
water. 

Ords.,  Art.  40.  Sec.  7 ...1179 
1180 

salary  of. 

Acts.,  Sec.  59 132 

shutting  off  water  when  bills 
in  arrears. 

Ords.,  Art.  40,  Sec.  9.. ..1180 


COLLECTOR  OF 


COMMISSIONERS. 


1363 


Page 

COLLECTOR  OF  WATER 
RENTS  & LICENSES-(Cont’d). 

Subordinates  Of, 

— appointment  and  salaries  of. 

Ords.,  Art.  41,  Sec.  1....1195 
— bonds  of. 

Ords.,  Art.  41,  Sec.  2....1196 
— duties  of. 

Ords.,  Art.  40,  Sec.  4.... 1178 
Ords.,  Art.  41,  Sec.  2.... 1196 
— tenure  of  office  of. 

Ords.,  Art.  41,  Sec.  2. ...1196 

water  accounts,  data  of  per- 
sons using  water. 

Ords.,  Art.  40,  Sec.  4.. ..1178 
— funds,  accounting  of  by. 
Ords.,  Art.  40,  Sec.  4 — 1178 

wrongful  use  of  water, — em- 
ployes to  report  to. 

Ords.,  Art.  40,  Sec.  11....1181 
— penalty. 

Ords.,  Art.  40,  Sec.  9.. ..1180 

COLLEGES  AND  UNIVER- 
SITIES, 

water  rents  for. 

Ords.,  Art.  41,  Sec,  63....1220 

COLORED  HIGH  AND 
TRAINING  SCHOOLS, 

graduates  of,  testimonials 
to. 

Ords.,  Art.  32,  Sec.  12....1047 

COLORED  HOUSE  OF  RE- 
FORMATION, 

See  ‘ 'Houses  of  Refuge  and 
Reformation. 

COMBUSTIBLE  MATTER, 

See  "Fire  Regulations ' 

storage  of,  regulated. 

Acts,  Sec.  6 50 

COMMISSIONERS  FOR 
OPENING  SEWERS. 

See  "Sewers." 

COMMISSIONERS  FOR 
OPENING  STREETS, 

alterations  and  corrections  in 
valuations  and  assessments. 
Acts,  Sec.  177 195 


Page 

COMMISSIONERS, Etc— (Cont’d). 

Annex  Improvement  Com- 
mission,— duties  of,  to  be 
performed  by. 

note 1117-1118 

— members  of. 

Acts,  Sec.  §841b 531-532 

— work  of. 

Acts,  Sec.  §841  j 535 

appointment,  salary,  tenure 
of  office. 

Acts,  Sec.  172 189 

appeals  from  assessment  in 
grading  and  paving  streets. 

Acts,  Sec.  6 75 

Appeal  From  Assessments  In 
Opening,  etc..  Streets, 


— amendments  to  record. 

Acts,  Sec.  179 196 

— appeal  to  Court  of  Appeals. 

Acts,  Sec.  179 197 

— Baltimore  City  Court,  ap- 
peal to. 

Acts,  Sec.  179 196 

— benefits  and  damages,  in- 

crease or  decrease  in. 

Acts,  Sec.  179 196 

— consolidation  of  appeals. 

Acts,  Sec.  179 196 

— costs. 

Acts,  Sec.  179 197 

— evidence,  copy  of  proceed- 
ings, as. 

Acts.  Sec.  179 197 

— examination  of  commis- 
sioners. 

Acts,  Sec.  179 196 

— hearing,  court  to  appoint. 

Acts.  Sec.  179 196 

— jurisdiction  of  court. 

Acts,  Sec.  179 196-197 

— jury  trial  for  appellant. 

Acts,  Sec.  179 196 

— lecord  of  proceedings  of 
commissioners. 

Acts,  Sec.  179 196 

— trial  of  appeals. 

Acts,  Sec.  179 197 

— sheriff  to  summon  jury. 

Acts,  Sec.  179 196 

— subpoena  duces  tecum  to 
City  Register. 

Acts,  vSec.  179 196 

— time  appeal  to  be  taken. 

Acts,  Sec.  179 


196 


COMMISSIONERS. 


COMMISSIONERS. 


1364 


Page 

COMMISSIONERS.  Etc.-- (Cont'd). 
Appeal  From,  Etc. — (Cont’d). 


— writing,  petition  of  appeal 
in. 

Acts,  Sec.  179 196 

benefits  and  damages  assessed 
to  same  person. 

Acts,  Sec.  174 190 

— to  be  assessed  when  open- 
ing, etc.,  streets. 

Acts,  Sec.  175 191 

benefits,  bills  to  parties  assess- 
ed for. 

Acts,  Sec.  181 198 

— payment  by  third  parties. 

Acts,  Sec.  186 200 


Board  of  Commissioners  for 
Opening  Sewers,  compo- 
sition of. 

Ords.,  Art.  33,  Sec,  1....1060 


Board  of  Review  and  Assess- 
ment, commissioners  to  be 
members  of. 

Acts,  Sec.  145 170 

books  and  papers,  deposit  of, 
in  office  of  Citv  Register. 

Acts,  Sec.  192  202 

bond  of  purchaser  of  property 
taken  and  sold,  resale  when 
purchaser  fails  to  pay. 

Acts,  Sec.  176 193 

certificates  and  vouchers  of, 
completion  of  work. 

Acts,  Sec.  191 202 


City  Surveyor,  to  notify  when 
his  services  required. 

Ords.,  Art.  37,  Sec.  3..  .1149 

Clerk. 


duties  of. 

Acts,  Secs.  172-173 190 

— salary. 

Acts,  Sec.  172 190 

— to  notify  parties  assessed. 

Acts,  Sec.  178 195 

compensation  of  owners  for 
property  taken. 

Acts,  Sec.  176 192 

consent  of  owners  necessary 
until  damages  are  paid. 

Acts,  Sec.  185 200 


COMMISSIONERS,  Etc.-(Coffi^d)^. 


damages  and  benefits  assessed 
to  same  person. 

Acts,  Sec.  174 190 

duties. 

Acts,  Sec.  172 190 

duties,  additional. 

Acts,  Sec.  192 202 

expenses  of  assessment  of 
damages,, etc.,  in  opening, 
etc.,  streets. 

Acts,  Sec.  175 191 

fee  and  leasehold  to  be  dis- 
tinguished in  assessments. 

Acts,  Sec.  188 201 

£:ifts  and  grants  of  property 
for  streets. 

Acts,  Sec.  193 202 

hearings  in  revision  of  assess- 
ments. 

Acts,  Sec.  177 195 

highways,  donated  property 
to  become,  public. 

Acts,  Sec.  194 202 

lien  from  payment  of  benefits 
assessed. 

Acts,  Sec.  186 200 


maps  filed  in  office  of. 

(See  ''Streets,  Bridges  and 
Highways.  ’ ’ ) 


meeting  for  revision  of  assess- 
ments by. 

Acts,  Sec.  177 194 

meeting  to  assess  damages  or 
benefits,  notice  of. 

Acts,  Sec.  175 191 

note  on  provisions  of  Charter, 
relating  to. 

foot-note 189 

notice  of  taking  of  property, 
what  to  show. 

Acts,  Sec.  177 194 

notices  published  and  certif- 
icates of  publication. 

Acts,  Sec.  173 190 

notice  to  parties,  assessed, 
effect  of. 

Acts,  Sec.  178 195 


COMMISSIONERS. 


COMMISSIONERS. 


1365 


Page 

COMMISSIONERS,  Etc— (Cont’d). 


obstructions  in  opened  streets, 
removal  of. 

Acts,  Sec.  189 201 

ordinances  declared  void, 
duty  in. 

Acts,  Sec.  180 198 

per  diem  to  be  assessed  as 
expenses. 

Acts,  Sec.  190 201 

petitioners  against  street 
opening  to  give  location  of 
their  property. 

Acts,  Sec.  195 203 

portion  only  of  lot  taken, 
procedure. 

Acts,  Sec.  176 192 

powers  in  opening,  extend- 
ing, widening,  etc.,  streets. 

Acts,  Sec.  6 72-73 

proceedings  in  assessment  to 
be  deposited  with  City 
Register. 

Acts,  Sec.  177 195 

procedure  in  opening,  etc., 
streets. 

Acts,  Sec.  175 191 

—when  part  only  of  lot 

taken. 

Acts,  Sec.  176 193 

publication  of  damages  and 
benefits  assessed. 

Acts,  Sec.  177 194 

record  of  proceedings,  clerk 
to  keep. 

Acts,  Sec.  173 190 

resale  of  property  where  pur- 
chaser at  first  sale  defaults. 

Acts,  Sec.  176 193 

residue  of  lots  taken,  sale  of. 

Acts,  Sec.  176 192 

revision,  notice  of  meeting 
for. 

Acts,  Sec.  177 194 


rule  in  assessing  damages  and 
benefits. 

foot  note 


COMMlSSIONERS.Etc— (Conf’d^^ 
Sales  of  Property  Assessed 
For  Benefits, 


— City  Collector  to  sell. 

Acts,  Sec.  182 199 

—costs  of  sales. 

Acts,  Sec.  184 199 

— deed  to  purchaser. 

Acts,  Sec.  184 199 

— notice. 

Acts,  Sec.  182 199 

— notice  of  resale. 

Acts,  Sec.  183 199 

— proceedings  of  Commis- 
sioners, return  of. 

Acts,  Sec.  183 199 

— proceeds,  disposition  of. 

Acts,  Secs.  182-4 199 

— procedure. 

Acts,  Sec.  183 199 

— resale. 

Acts,  Sec.  183 199 

second  sub-department  of 
review  and  assessment. 

Acts,  Sec.  172 189 

sheds  and  obstructions  on 
property  taken,  sale  of. 

Acts,  Sec.  176 193 

subordinates  in  their  sub- 
department. 

Acts,  Sec.  172 190 

temporary  commissioner, 
appointment. 

Acts,  Sec.  187 200 

valuation  of  property  taken. 

Acts,  Sec.  176 192 


COMMISSIONERS  OF  FI- 
NANCE, 

See  ''Stocks,  Loans  and  Fi- 
nance. ’ ’ 


board  of.  composition  of. 

Acts,  Sec.  41 121 

• 

city  property,  to  approve  dis- 
posal of. 

Acts,  Sec.  13 98 


deeds,  conveyances,  assign- 
ments and  leases  to  be  ap- 
proved by,  proviso. 

Ords.,  Art.  1,  Secs.  2,  3..  572 

duties  of. 

Acts,  Sec.  41. 


190 


121 


COMMITMENTS. 


COMMISSIONER  OF  HEAETH.  1366 


Page 

COMMISSIONER,  Etc.— (Cont’d). 
Paving  Commission  and 


Eoan,  sale  of  stock. 

Acts,  Sec.  §841p 541 

proceedings  of,  to  be  record- 
ed. 

Acts,  Sec.  .41 121 

COMMISSIONER  OF 
HEALTH, 


See  ‘ '‘Health,  ’ 'sub-title'‘'‘ Com- 
missioner  of.  ’ ’ 

alteration  of  grades  of  streets. 

i^See  ‘ 'Streets  and  City  Engineer'  ’ 
‘ ‘ Streets,  Bridges  and 
Highways , ” sub-title 
‘ ‘ G rades  of  Streets . ” ) 

Acts,  Sec.  834 526 

oakeries  and  confectioneries, 
appointment  of  inspector. 

Ords.,  Art.  17,  Sec.  35....  886 
887 

bodies  of  city’s  insane,  deliv- 
ery to  when  unclaimed. 

Ords.,  Art.  16.  Sec.  11....  872 

buildings,  wooden,  below 
street  level,  notice  to  raise. 

Ords.,  Art.  3,  Sec.  132..  651 

certificate  of,  to  City  Register, 
in  death  of  city’s  insane  at 
hospitals. 

Ords.,  Art.  16,  Sec.  9...  872 

Department  of  Public  Safety, 
member  of. 


Acts,  Sec.  68 137 

hospitals  for  the  sick,  notice 
to  owners  to  discontinue, 
penalty. 

Ords.,  Art.  16,  Sec.  5 870 

infants,  record  of  in  homes 
for  care  of. 

Acts,  Sec.  §493g 323 

plumbing,  member  of  State 
Board  of  Practical  Plumb- 
ing. 

Acts,  Sec.  511 327 


police  to  execute  orders  of. 

Ords.,  Art.  25,  Sec.  36....  970 


Page 

COMMISSIONER,  Etc.— (Cont’d). 
Tenement,  Lodging  and  Apart- 
ment Houses, 

— privies  of. 

Ords.,  Art.  3,  Sec.  127....  649 
— ventilation  of. 

Ords.,  Art.  3,  Sec.  125....  648 
649 

COMMISSIONER  OF  STREET 
CLEANING, 

See  "Street  Cleaning." 

COMMISSION  ON  SEWER- 
AGE, 

See  "Sewers." 

COMMISSION  ON  TOPO- 
GRAPHICAL SURVEY, 

See  ' ' Topographical  Sm'vey.  ’ ’ 

COMMISSIONS. 

Collector  of  State  Taxes. 

Acts,  Sec.  57 131 

COMMISSIONS  OF  AUC- 
TIONEERS, 

See ' 'A uctioneets.  ’ ’ 

COMMISSIONS  OF  TRUS- 
TEES, 

note 273 

COMMITMENTS, 

See  "Justices  of  the  Peace" 
and  "Thieves  and  Pick- 
pockets. ’ ’ 


note 276 

assault  and  battery,  cases  of. 

Acts,  Sec.  230 231 

destitute  or  neglected  chil- 
dren; Supervisors  of  City 
Charities  may  commit  to 
institutions. 

Acts,  Sec.  107 159 

directed  to  warden  of  jail. 

Acts,  Sec.  131 166 

in  default  of  payment  of  costs 
or  want  of  security. 

Acts,  Sec.  142 169 


COMMITMENTS. 


COMPTROEEER. 


1367 


Page 

COMMITMENTS.— ( Cont’  d) . 

Justices  of  the  Peace;  com- 
mitments on  conviction  or 
when  fine  not  paid. 

Acts,  Sec,  633 381 

vagrants  committed  by  jus- 
tices. 

Acts,  Sec.  141 168 

when  to  be  returned. 

Acts,  Sec.  332 276 

COMMUNICABLE  DISEASES, 

apartments  of  consump- 
tives. 

App.  B,  Sec.  3 1266 

appropriations  to  defray  ex- 
penses of  Act. 

App.  B,  Sec.  5 1268 

circular  of  information  to 
consumptives. 

App.  B,Sec.  3 1267 

Commissioner  of  Health  to 
instruct  physicians. 

App.  B,  Sec.  3 1265-1266 

complaints  relating  to. 

App.  B,  Sec.  1 1264 

diseases  affected  by  this  Act. 

App.  B,  Sec.  1 1265 

duties  of  Commissioner  of 
Health. 

App.  B,  Sec.  1 1264-1265 

duty  of  attending  physician. 

App.  B,  Sec.  2 1265 

expenses  of  Commissioner 
of  Health  and  others  re- 
lating to. 

App.  B,  Sec.  5 1268 

false  statements  relating  to, 
penalty. 

App.  B,  Sec.  4 1267 

physicians  making  false 
statements;  penalty. 

App.  B,  Sec.  4 1267 

precautions  to  prevent 
spread  of  contagion. 

App.  B,  Sec.  3 1266 

printed  matter  to  be  issued. 

App.  B,  Sec.  5 1267-1268 


COMMUNICABLE,  Etc— (Co^^d)^ 

penalty  for  violation  of  reg- 
ulations. 

App.  B,  Sec.  1 1265 

requisitions  for  materials  to 
prevent  spread  of. 

App.  B,  Sec.  3 1266-1267 

sputum  or  other  secretion; 
disposal  of. 

App.  B,  Sec.  1 1264 

COMPARISON  OF  WEIGHTS 

AND  MEASURES, 

keepers  to  compare  quarterly. 

Ords.,  Art.  17,  Sec.  8....  878 

COMPENSATION, 

of  city  officials,  employees 
and  agents.  (See  "'Sal- 
aries.*'') 

COMPETITIVE  EXAMINA- 
TIONS FOR  FIRE  DEPART- 
MENT, 

See  ""Fire  Department"  sub- 
title ""  Examhiing  Board 
of." 

COMPLAINTS, 

relating  to  communicable 
diseases. 

App.  B,  Sec.  1 1264 

COMPOSITION  ROOFING 

MANUFACTORY, 

regulations  for;  violation  of; 
penalty. 

Ords.,  Art.  14,  Sec.  66....  817 

COMPTROLLER, 

accounting  by  city  officials 
may  be  required  by. 

Ords.,  Art,  6,  Sec.  3 699 

accounts,  etc.,  of  municipal 
officials, etc.,  to  be  examined 
by. 

Ords.,  Art.  6,  Sec.  3 699 

— with  municipal  officials  to 

be  opened. 

Ords.,  Art.  6,  Sec.  4 699 

Annex  Improvement  Com- 
mission, member  of. 

Acts,  Sec.  §841b 531-2 


COMPTROI.LER. 


COMPTROEEER. 


1368 


COMPTROLLER.— (Cont’d). 
annual  levy;  to  charge  City 
Collector  with. 

Ords.,  Art.  6,  Sec.  3 699 

Assistant  Harbor  Masters, 
appointed  by. 

Ords.,  Art.  13,  Sec.  2, 

772-773 

audit  and  approval  of  claims 
against  city. 

Ords.,  Art.  6,  Sec.  4..699-700 
audit  clerk,  appointment  of. 


Acts,  Sec.  34 Ill 

auditor  of  all  city  accounts. 

Ords.,  Art.  6,  Sec.  2 699 

— of  city — to  be. 

Acts,  Sec.  34 Ill 


bills  against  city;  not  to  be 
paid  except  on  written  or- 
ders. 

Ords.,  Art.  6,  Sec.  33....  710 

and  note 708-709 

— for  public  improvements; 
when  to  be  paid. 

Ords,,  Art.  6,  Sec.  5 700 

Board  of  awards,  to  be  mem- 
ber of. 

Acts,  Sec.  15 99 

— of  Estimates,  member  of. 

Acts,  Sec.  36 113 

bond  of. 

Ords,,  Art.  6,  Sec.  1 698 

— of  market  clerks  to  be  ap- 
proved by;  suits  on  bonds 
when  clerks’  accounts 
show  deficiency. 

Ords.,  Art.  23,  Sec.  7....  921 
— of  municipal  officials  and 
employes. 


Ords.,  Art.  6,  Sec. 4 700 

— of  Jail  Warden  to  be  filed 
with. 

Acts,  Sec.  128 165 

— to  be  approved  by,  when. 

Acts,  Sec.  20A 101 


buildings,  bath  rooms,  etc., 
certificate  of  payment  of 
permit  fees. 

Ords  Art.  3,  Secs.  17,19 

606-7 

— collection  of  fines,  payment 
to. 

Ords.,  Art.  3,  Sec.  204..  680 


COMPTROLLER.— (Cont’d). 
checks  to  be  certified  by. 

Ords.,  Art.  6,  Sec.  4..699-700 
— to  be  countersigned  by 
him  or  the  Mayor. 

Acts,  Sec.  20A 101 

claims  against  city;  payment 
of. 

Ords.,  Art.  6,  Sec.  4..699-700 

Commissioners  for  Opening 
Streets;  expenses  of. 

Acts,  Sec.  191 202 

damages  in  opening  streets; 
not  to  be  paid  until  taxes 
are  paid. 

Ords.,  Art.  38,  Sec.  33....1168 

Deputy  Comptroller,  appoint- 
ment of. 

Acts,  Sec.  34 Ill 

— bond  of. 

Ords.,  Art.  6,  Sec.  15..702-703 
— compensation  of. 

Ords.,  Art.  6,  Sec.  16....  703 

duties  and  powers  of. 


Acts,  Sec.  34 Ill 

election  of. 

Acts,  Sec.  33 110 

examination  of  accounts  and 
reports  thereon  to  be  made 
by. 

Ords.,  Art.  6,  Sec.  2 699 


extra  assistance. 

Ords.,  Art.  6,  Sec.  17 703 

fines  imposed  under  inspec- 
tions of  gas  and  oil,  collec- 
tion and  payment. 

Ords.,  Art.  20,  Sec.  30....  903 

fire  pay  rolls,  certificate  of 
examining  board  to  names 
on. 

Ords.,  Art.  11,  Sec.  22....  744 

Harbor  Master,  to  appoint. 

Acts,  Sec.  34 Ill 

hospitals,  payment  of  fines 
collected. 

Ords.,  Art.  16,  Sec.  16....  873 

increase  of  assessment  by 
court  to  be  audited  and 
charged  to  respondent. 

Acts,  Sec.  170 


187 


comptroller. 


comptroller. 


1369 


Page 

COMPTROLLER— (Cont’d). 
insurance;  Comptroller  to 


represent  city  in  collection 
of  claims  for. 

Ords  , Art.  6,  Sec.  6 700 

— monies;  accounting  of  by. 

Ords.,  Art.  6,  Sec.  6 700 

— of  city  property  outside 
city  limits. 

Ords.  Art.  6,  Sec.  4 699 

insuring  city  property;  what 
property  to  be  insured. 

Ords.,  Art.  6,  Sec.  4 699 

Ords.,  Art.  6,  Sec.  7 700 


inventories  of  city  property 
in  office  of  City  Librarian, 
inspect  annually. 

Ords.,  Art.  21,  Sec.  4....  906 

keepers  of  weights  and 

measures,  sets  of  weights, 
etc.,  for  each. 

Ords.,  Art.  17,  Sec.  6.  ..  877 

keepers  of  weights,  etc.; 

monthly  returns  to. 

Ords.,  Art.  17,  Sec.  23....  883 

License  and  Market  Detective, 

— accounts  of  market  clerks 
to  be  audited  by — reports 
thereon . 

Ords.,  Art.  6,  Sec.  18..  704 
— appointment  of;  duties; 
salary. 

Ords.,  Art.  6,  Sec.  18, 

703-704 

list  of  property  condemned 
to  be  furnished  to  Appeal 
Tax  Court. 

Ords.,  Art.  38,  Sec.  34....1168 

Market  Master,  to  appoint. 

Acts,  Sec.  34 Ill 

market  plats  to  be  provided 
by;  data  to  be  shown  there- 
on. 

Ords.,  Art.  23,  Sec.  25....  927 
— stalls,  stands,  etc.,  to  re- 
number. 

Ords.,  Art.  23,  Sec.  43..  932 

Maryland  Institute,  contract 
with;  report  of  president  of; 
inspection  of. 

Ords.,  Art.  32,  Secs.  28, 

30,  31 1053-4 


Page 

COMPTROLLER.— (Cont’d). 
office  hours  on  Tuesdays  and 
Fridays. 

Ords.,  Art.  6,  Sec  30 709 

and  note 708-709 

opening,  etc.,  streets,  duty 
when  oadinance  declared 
void. 

Acts,  Sec.  180 198 

pay  rolls  and  salaries  of  city 
officials.,  etc. 

Ords.,  Art.  6,  Sec.  4 700 

payment  of  claims  against 
city. 

Ords.,  Art.  6,  Sec.  4 699-700 

Polytechnic  Institute;  insur- 
ance of  city’s  interest. 

Ords.,  Art.  6,  Sec.  8 701 

portable  school  buildings  on 
vacant  lots;  to  approve. 

Ords.,  Art.  32,  Sec.  4....1044 

President  of  Department  of 
Finance. 

Acts,  Sec.  32 110 

primary  election  for. 

App.  C,  Sec.  2 1275-1276 

qualifications;  term  of  office; 
salary. 

Acts,  Sec.  33 110 

recording  of  deeds  to  city  of 
property  bought  at  tax  sales. 

Ords.,  Art.  38,  Sec.  36....1169 

records  of  deeds  and  leases  to 
be  kept  by. 

Ords.,  Art.  1,  Sec.  49,  587-588 

refund  o erroneous  assess- 
ments. 

Acts,  Sec.  170 186 

refuse  material . — account  of 
to  be  kept. 

Ords.,  Art.  6,  Sec.  12....  702 
— duty  of  city  officials  in  rela- 
tion to. 

Ords.,  Art.  6,  Sec.  13....  702 
— separate  account  for  to  be 
kept. 

Ords.,  Art.  6,  Sec.  14....  702 
— sale  of;  proceeds  to  be  paid 
to  City  Register. 

Ords.,  Art.  6,  Sec.  12....  702 


COMPTROI.I.KR . 


CONDEMNATION . 


1370 

Page 

COMPTROLLER.— (Cont’d) . 
reports — of  auction  duties  to 
State  Comptroller. 

Acts,  Sec.  276 246 

— to  appeal  Tax  Court  of  sales 
of  property  for  taxes. 

Ords.,  Art.  38,  Sec.  38....1170 
— to  City  Solicitor,  loss  or 
conversion  of  city  proper- 
ty. 

Ords.,  Art.  21,  Sec.  4....  906 

re-sale  of  property  bought  by 
city  at  tax  sales. 

Ords.,  Art.  6,  Sec.  10....  701 

residue  from  re-sale  of  unre- 
deemed property  sold  for 

Ords.,  Art.  6,  Sec.  11....  702 

salaries  of  subordinates  of. 

Acts,  Sec.  34 Ill 

sales  for  taxes,  advertisement 
of  private  sales  for. 

Ords.,  Art.  38,  Sec.  37....1170 
— objections  to  such  sales. 

Ords.,  Art.  38,  Sec.  37....1170 

sales  of  property — bought  by 
city  at  tax  sales;  require- 
ments of  such  sales. 

Ords.,  Art.  38,  Sec.  37....1169 
— for  taxes;  duty  of  Comp- 
troller. 

Ords.,  Art.  6,  Sec.  9 701 

subordinates  in  sub-depart- 
ment of. 

Acts,  Sec.  34 Ill 

— bonds  of. 

Ords.,  Art.  6,  Sec.  17....  703 

Superintendent  of  Lamps  and 
Lighting,  fees  and  fines  for 
inspections  by. 


Acts,  Sec.  204 208 

tax  sales;  bid  by  Comptroller 
to  protect  city. 

Ords.,  Art.  6,  Sec.  9 701 

— sale  of  unredeemed  prop- 
erty bought  at. 

Ords.,  Art.  6,  Sec.  10....  701 


taxes  on  unredeemed  prop- 
erty; payment  from  pro- 
ceeds of  re-sale. 

Ords.,  Art.  6,  Sec.  11....  701 


Page 


COMPTROLLER.-(Cont’d). 

titles  to  city  property;  to  be 
custodian  of. 

Ords.,  Art.  6,  Sec.  4 699 

Topographical  Survey  Com- 
mission, member  of. 

Acts,  Sec.  840 529 


ocu.  

Ords.,  Art.  39,  Sec.  3....1173 

unsafe,  etc.,  buildings,  col- 
lection of  cost  for  securing. 
Ords.,  Art.  3,  Sec.  151....  658 

vacancy  in  office  of. 

Acts,  Sec.  34 Ill 

vaults  and  areas,  payment  to, 
of  permit  fee. 

Ords.,  Art.  3,  Sec.  155....  659 
Weights  and  Measures,  In- 


spector of. 

Acts,  Sec.  34 Ill 

when  removable. 

Acts,  Sec.  34 112 


COMPTROLLER  OF  TREAS- 
URY, 

fees  for  instruction  of  deaf 
and  dumb. 

Acts,  Sec.  396 296 

hearing  by  and  determination 
of  appeals  from  assessments 
and  valuations. 

Acts,  Sec.  §170a 187-188 

CONCEALED  WEAPONS, 

See  '‘'Police  Commissioners.'’' 

cases  of,  triable  by  Justices 
of  the  Peace. 

Acts,  Sec.  632 379 

CONCRETE  WALLS, 

See  "‘Buildings."' 

CONDEMNATION, 

markets,  land  for,  {See  ‘ 'Mar- 
kets.'"') 

CONDEMNATION  OF  IM- 
PURE FOODS, 

Ords.,  Art.  14,  Sec.  58....  813 


CONDEMNATION . 


CONDEMNATION . 


1371 


Page 

CONDEMNATION  OF 
PROPERTY, 

See  '‘'‘Burnt  District  Com- 
mission’ ''‘City  Collector;''' 
"Commissioners  for  Open- 
ing Streets;'"  "‘Condemna- 
tion Proceedings;'"'  "Open- 
ing, Closing,  etc..  Streets;''' 
'‘'‘Sewers"  and  "Streets  and 
City  Engineer." 

Annex  Improvement  Com- 
mission, ordinance  for 
condemnation , 

Acts,  Sec.  §841e 533 

appeals  from  valuations. 

Acts,  Sec.  6 48-49 

Burnt  District  Improvements. 

App.  A,  Secs.  8-21,  1242-1253 

cases  cited,  note 198 

damages  and  benefits. 

Acts,  Sec.  6 48 

damages,  investment  of  sums 
due  as. 

Acts,  Sec.  185 200 

esplanades  and  the  like. 

Acts,  Sec.  6 49 

fee  simple  and  leasehold  dis- 
tinguished . 

Acts,  Sec.  188 201 

General  Ordinance  Relating  to, 

— acquisitions  previously 
authorized. 

Ords.,  Art.  8,  Sec.  2 715 

— appeals  as  in  street  cases. 

Ords..  Art.  8,  Sec.  1 714 

— appraisers,  appointment, 

oath,  return,  disagree- 
ment. 

Ords.,  Art.  8,  Sec.  1 713 

— assessment  of  value  among 
owners. 

Ords.,  Art.  8,  Sec.  1 713 

— authority  by  ordinance, 
pioceedings  under. 

Ords.,  Art.  8,  Sec.  1 711 

— award  of  appraisers,  pay- 
ment of. 

Ords.,  Art.  8,  Sec.  1 714 

— causes  of,  resort  to  con- 
demnation. 

Ords.,  Art.  8,  Sec.  1 


Page 

CONDEMNATION.— (Cont’d) . 

General  Ord.,  Etc. — (Cont’d). 

— Charter  to  control  where 
provisions  conflict  with. 

Ords.,  Art.  8,  Sec.  3 715 

— condemnations  heretofore 
authorized. 

Ords.,  Art.  8,  Sec.  2 715 

— confirmation  of  award. 

Ords.,  Art.  8,  Sec.  1 714 

—conflict  with  Charter,  Char- 
ter to  control. 

Ords.,  Art.  8,  Sec.  3 715 

— cost  of  appeals,  city  to  pay. 

Ords.,  Art.  8,  Sec.  1 714 

— disability  of  owners, 
guardian  ad  litem. 

Ords.,  Art.  8,  Sec.  1 713 

— exceptions  to  award,  time 
for  filing. 

Ords.,  Art.  8,  Sec.  1 714 

— hearing  on  return  of  sum- 
mons. 

Ords.,  Art.  8,  Sec.  1 713 

— jury  trial. 

Ords.,  Art.  8,  Sec.  1 — 714 
— non-resident  owners,  post- 
ing summons  to, 

Ords.,  Art.  8,  Sec.  1 712 

— notice  of  award  of  apprais- 
ers, publication  of. 

Or.4s.,  Art.  8,  Sec.  1 714 

— notice  to  non-resident 
owners,  publication,  post- 
ing. 

Ords,,  Art.  8,  Sec.  1 712 

— ob j ections  to  condemnation , 
hearing  of. 

Ords.,  Art.  8,  Sec.  1 713 

— objects  for  which  condem- 
nation will  lie. 

Ords.,  Art.  8,  Sec.  1 711 

— order  of  court,  of  summons 
for  owner. 

Ords.,  Art.  8,  Sec.  1 712 

— payment  of  award,  pay- 
ment into  court. 

Ords.,  Art.  8,  Sec.  1 714 

— payment  of  costs  of  appeals, 
etc. 

Ords.,  Art.  8,  Sec.  1 714 

— petition  in  Baltimore  City 
Court,  institution  of  pro- 
ceedings by. 

Ords.,  Art.  8,  Sec,  1 712 

— publication  of  summons  to 
non-residents,  posting  on 
property. 

Ords.,  Art.  8,  Sec.  1 712 


712 


CONDEMNATION . 


CONDEMNATION . 


1372 


CONDEMNATION.— (Cont’d)^^^^ 
General  Ord.,  Etc. — (Cont’d). 


— purposes  of  condemnation, 
statement  of  to  accom- 
pany petition. 

Ords.,  Art.  8,  Sec.  1 712 

— renewal  of  summons. 

Ords.,  Art.  8,  Sec.  1 712 

— re-summons,  when  court 
may  order. 

Ords.,  Art.  8,  Sec.  1 713 

— return  of  appraisers. 

Ords.,  Art.  8,  Sec.  1 713 

— return  of  summons. 

Ords.,  Art.  8,  Sec.  1 713 

— summons  for  owner,  re- 
newal of. 

Ords,,  Art.  8,  Sec.  1 713 

— title  to  property  condemned, 
when  to  vest  in  city. 

Ords.,  Art.  8,  Sec.  1 715 

g’eneral  powers. 

Acts,  Sec.  6 48 

Jones’  Falls  improvement. 

Acts,  Sec.  6 58 

— assessments  for. 

Acts,  Sec.  6 59 

jury  trial. 

Acts,  Sec.  6 59 

lien  of  benefits  assessed  in 
street  opening. 

Acts,  Sec.  185 200 

markets. 

Acts,  Sec.  6 62 

New  Sewerage  System. 

Acts,  Sec.  §824c 512 

notice  to  owners  to  be  given. 

Acts,  Sec.  6 48 

objectionable  surroundings, 
provision  against. 

Acts,  Sec.  6 49 


opening,  closing,  etc.,  streets, 

(^See  Commissioners  for 
Opening  Streets^'''  '‘'‘Parks 
arid  Squares'P  '‘'‘Streets^ 
Bridges  and  Highways 

Acts,  Sec.  6 48,  72,  73 

parks,  squares  or  gardens. 

Acts,  Sec.  6 48 

Paving  Commission,  proced- 
ure for. 

Acts,  Sec.  §841m 


Page 

CONDEMN  AT10N.—(Cont’ d) . 


procedure  to  be  provided. 

Acts,  Sec.  6 48 

purposes  for  which  land  may 
be  condemned. 

Acts,  Sec.  6 48 

sales  for  benefits  assessed  in 
opening,  closing,  etc., 
streets,  procedure. 

Acts,  Sec.  183 199 

— property  assessed  for  bene- 
fits in  street  opening, 
closing,  etc. 

Acts,  Sec.  182 199 

sewers. 

Acts,  Sec.  6 68 


squares,  springs  and  monu- 
ments.  See  under 
‘ '‘Squares^  Springs  and 
Monuments.  ’ ’ 

Acts,  Sec.  6 69-70 

title  to  land  condemned. 

Ords.,  Art.  5,  Sec.  2,  3, 

695-696 

void  ordinances  for,  effect  of. 

Acts,  Sec.  180 198 

water  and  water  rights. 

Acts,  Sec.  6 88-91 

wharves  and  docks — wharfage 
and  dockage. 

Acts,  Sec.  6,  note 49 

CONDEMNATION  PRO- 
CEEDINGS, 

See  '‘'Burnt  District  Com- 
mission. ’ ’ 

appeals  allowed  on  behalf  of 


city. 

Acts,  Sec.  320 272 

appeals  in,  to  be  heard  in 
City  Court. 

Acts,  Sec.  320 272 


Burnt  District  Commission; 
powers  and  duties  relating 
to. 

App.  A,  Sec.  4-28..1237-1257 


Jurors,  compensation  of. 

Acts,  Sec.  6 90 

several  interests  to  be  valued. 

App.  A,  Sec.  20 1253 


539 


CONDEMNATION . 


CONSTABEES. 


Page 


1373 

CONFECTIONERIES, 


Page 

CONDEMNATION.— (Cont’d). 
sewer  opening;  records  to  be 
deposited  with  City  Regis- 
ter. 

Ords.,  Art.  33,  Sec.  20....1072 

water  and  water  rights. 

Acts,  Sec.  6 88-91 

CONDEMNED  PUMPS, 

signs  to  be  placed  on. 

Ords.,  Art.  40,  Sec.  36....1189 

CONDEMNED  STEAM 
BOILERS, 

See  ‘ ^ Steam  Boilers.  ’ ’ 

CONDEMNED  WELLS, 

See  ‘ ‘ Wells. ' ’ 

fountains  in  place  of — when- 
to  be  provided. 

Ords.,  Art.  40,  Sec.  42....1190 

water  not  to  be  used  from. 

Ords.,  Art.  40,  Sec.  41....1190 

CONDEMNED  WEIGHTS 
AND  MEASURES, 

penalty  for  subsequent  use. 

Ords.,  Art.  17,  Sec.  14....  881 

CONDITIONS  OF  GRANTS 
AND  FRANCHISES, 


See  '‘'Franchises.'’' 

Acts,  Secs.  7-12 94-97 

CONDUITS, 

See  '‘'Electrical  Commission 
and  Subways. ' ' 

Acts,  Sec.  §826a 519 

telegraph  and  telephone 
wires. 

Acts,  Sec.  6 81 


CONDUITS  AND  SUBWAYS 
OF  C.  & P.  TELEPHONE 
CO, 

police  and  fire  alarm  wires  in. 

Ords.,  Art.  11,  Sec.  35....  749 

CONDUITS  FOR  ELECTRIC 
WIRES, 

See  ' 'Electrical  Commission 
and  Subways. ' ' 

Ords.,  Art.  9,  Secs.  1-24 
718-727 


analysts  and  inspectors  for. 


Acts,  Sec.  73....'. 139 

CONFECTIONERY, 

inspectors  of. 

Acts,  Sec.  73 139 


Sabbath — sales  of  in  streets, 
unlawful  penalty. 

Ords.,  Art.  31,  Sec.  2....1040 

CONGRESSIONAL  E L E C - 
TIONS, 

See  ' 'Primary  Elections.  ’ ’ 

selection  of  candidates  and 
delegates  to  conventions  for. 
App.  C,  Sec.  1 1274,  1275 

CONNECTIONS  WITH  SEW- 
ERS. 

See  "Sewers." 

CONNECTIONS  WITH 
WATER  PIPES, 

See  ' ' Water. ' ' 

penalty  for  unlawful  introduc- 
tion of  water  to  premises. 

Ords.,  Art.  40,  Sec.  10....1181 

CONRAD  HOHMAN, 

driving  cattle  through  streets, 
special  permission. 

Ords.,  Art.  25,  Sec.  21....  967 

CONSOLIDATION  OF  CER- 
TIFICATES OF  CITY 
STOCK, 

authority  for. 

Ords.,  Art.  34,  Sec.  17....1082 

CONSTABLES, 


appointment,  compensation, 
duties,  term  of  ofiice. 

Acts,  Sec.  206 209 

fees  of,  city  not  to  pay  ; when. 

Acts,  Sec.  639 383 


not  to  deputize  persons  to 
serve  writs  in  his  behalf. 
Acts,  Sec.  649 


387 


CONSTITUENT,  ETC. 


CONTRACTS. 


1374 


Page 

CONSTITUENT  COMPAN- 
IES OF  UNITED  RAIL- 
WAYS AND  ELECTRIC 
COMPANY, 

See  ^'‘United  Railways  and 
Electric  Company." 

App.  D 1279-1288 

CONSTITUTION, 

streets  in  annex,  effect  on, 

Acts,  Sec.  3 42 

CONSTRUCTION  OF  DRAIN 
PIPES, 

penalties  relating  to. 

Ords.,  Art.  14,  Sec.  134..  838 

CONSTRUCTION  OF 
SEWERS, 

See  ''Sewers." 

CONSUMPTIVES, 

See  ' ' Communicable  Dis- 
eases. ’ ’ 

false  statements  relating  to. 

App.  B,  Sec.  4 1267 

CONTAGIOUS  AND  INFEC- 
TIOUS DISEASES, 

See  '' Health"  and  "Hospi- 
tals" sub-title  "Infectious 
Diseases  Hospital." 

Ords.,  Art.  14,  Sec.  1,  10, 
796,  799 

health  wardens,  duty  in. 

Acts,  Sec.  78 141 

introduction,  prevention  of. 

Acts,  Sec.  6 53 

small-pox. 

Acts,  Sec.  6 note  54 

CONTAGIOUS  DISEASES  IN 
SCHOOLS, 

duty  of  physicians  and  par- 
ents. 

Ords.,  Art.  32,  Sec.  35-39 
1056-8 

CONTAGIOUS  DISEASES 
ON  VESSELS, 

See  "Health." 

Ords.,  Art.  14,  Sec.  164, 
849,  850 


CONTESTS  OF  SPEED, 

See  "Vehicles." 

CONTINGENT  FUND, 


See  ' 'Board  of  Estimates.  ’ ’ 

Acts,  Sec.  38 119 

City  Council,  powers  of  in  re- 
lation to. 

Acts,  Sec.  38 119^ 

expenditures  therefrom  to  be 
reported. 

Acts,  Sec.  38 119 


CONTRACTORS, 

See  "Contracts." 

extra  compensation  not  to  be 
allowed ; exception  where 
city  or  its  agents  cause  loss 
to  contractor. 

Ords.,  Art.  1,  Sec.  41 584 

payment  of  for  paving,  grad- 
ing, etc.,  work. 

Ords.,  Art.  35,  Sec.  75....1120 

paving,  etc. , work  — when 
to  be  paid. 

Ords.,  Art.  35,  Sec.  17....1096 

— when  work  is  to  begin. 

Ords.,  Art.  35,  Sec.  100..1130 

CONTRACTS, 

acquisition  of  land  by  city  ; 


contracts  for. 

Ords.,  Art.  5,  Sec.  1 695 

advertising  same  where  more 
than  $500  involved. 

Acts,  Sec.  14 98 

bonds  of  contractors. 

Acts,  Sec.  15 99' 

— to  contain  stipulation  to  in- 
demnify city  for  infringe- 
ment of  patents  on  materi- 
als, etc.,  and  negligence 
of  con  tractors. 

Ords.,  Art.  1,  Sec.  45 586» 

buildings ; specifications  to 
provide  for  inspection  by 
Inspector  of  Buildings. 

Ords.,  Art.  3,  Sec.  3 598 

City  Solicitor  to  approve. 

Acts,  Sec.  15 99 

Sec.  63 135> 


CONTRACTS.  1375  CONTRACTS. 


Page 

CONTRACTS.— (Cont’d).  . 
clause  requiring  mechanics 
and  laborers  employed  by 
the  day  to  be  paid  once-a- 
week. 

Ords.,  Art.  1,  Sec.  47.... 

586,  587 

— vouchers  for  settlement  of 
claims  for  labor  and  ma- 
terials. 

Ords.,  Art.  1,  Sec.  46 586 

— sub-contractor  to  be  named 
in  bid. 

Ords.,  Art.  1,  Sec.  44.... 
585,  586 

Code  not  to  affect  liabilities 
under. 

Sec.  1 1229 

-decisions  relating  to. 

Acts,  Sec.  14 note  98-99 

■dogs — seizure  and  destruction 
of. 

Ords.,  Art.  41,  Sec.  24....1204 

Electrical  Commission  ; du- 
ties relating  to. 

Ords.,  Art.  9,  Sec.  5 719 

garbage,  removal  of. 

Ords.,  Art.  36,  Sec.  4...  1141-2 

Grading,  Paving,  Etc., 

— on  application  of  owners. 

Ords.,  Art.  35,  Sec.  56....1110 
— under  special  ordinances. 

Ords.,  Art.  35,  Sec,  91....1126 

Harbor  Board  to  control  har- 
bor work  and  to  retain  20  per 
cent,  of  money  as  security. 
Ords.,  Art.  13,  Sec.  3 773 

hopitals,  care  of  city’s  insane 
at. 

Ords.,  Art.  16,  Sec.  10....  872 

indigent  poor,  care  and  sup- 
port of ; contracts  relating 
to. 

Acts,  Sec.  105 158 

instruction  and  care  of  habit- 
^ual  truants. 

Ords.,  Art.  32,  Sec.  27....1052 
manner  of  awarding  same. 


Acts,  Sec.  15 99 

Acts,  Sec.  99 153 


Page 

CONTRACTS.— (Cont’d). 

Maryland  Institute ; instruc- 
tion of  city  pupils  in. 

Ords.,  Art.  32,  Sec.  28....1053 

Mayor  or  heads  of  depart- 
ments to  approve. 

Acts,  Sec.  20A 101 

municipal  officials  or  employes 
not  to  have  personal  inter- 
est in  ; penalty. 

Ords.,  Art.  1,  Sec.  37.... 

582,  583 

night  soil,  removal  of ; con- 
tract with  R.  R.  Zell  and 
Co. 

Ords.,  Art.  14,  Sec.  157..  845 

Paving  Commission,  contracts 
of  $500  or  more. 

Acts,  Sec.  §841o 540 

Paving  Contracts, 

— maintenance  of  paving  in 
good  repair  required. 

Ords.,  Art.  35,  Sec.  16.... 

1095-96 

— materials  to  be  specified 
for  street  crossings. 

Ords.,  Art.  35,  Sec.  18....1096 

— removal  of  old  material  re- 
quired. 

Ords.,  Art.  35,  Sec.  16....1096 

playgrounds  for  children. 

Acts,  Sec.  §493a 321 

proposals  to  be  advertised. 

Acts,  Sec.  14  98 

removal  of  street  dirt  and 
garbage. 

Acts,  Sec,  §841u 545-547 

school  buildings,  portable. 

Ords.,  Art.  32,  Sec.  5....1044-5 

— buildings,  supplies  and  sta- 
tionery. 

Acts,  Sec.  99 152,  153 

sewer  opening,  specifications 
and  plans  by  City  Engineer. 

Ords.,  Art.  33,  Sec.  22....1073 

stationery  and  printing  {See 
'‘'‘Librarian.'’') 

— City  Librarian  to  advertise 
for  proposals. 

Acts,  Sec.  197 


205 


CONTRACTS. 


CORONERS. 


1376 


CONTRACTS.— (Coni’  d) . 
street  lighting  contracts — 
burners,  proposals  for — ad- 
vertisment. 

Ords.,  Art.  20,  Sec.  16.... 

898,  899 

— forfeit  clause  in. 

Ords.,  Art.  20,  Sec.  16..898-9 

CONTRACTS,  OBLIGA- 
TIONS, ETC., 

effect  of  this  Code  upon. 

1229 

CONTRACTS  OF  SALE, 

arbitration  of,  {See  Arbitra- 
tion^ Court  of.'" ) 

Acts,  Sec.  223 221 


Page 

CONVICTS, 

commutation  of  sentence  for 
good  behavior. 

Acts,  Sec.  139 167-168 

lunatic  and  insane  in  Bay 
View  Asvlum. 

Acts,  Sec.  §120a 163 

CONWAY  STREET, 

vehicles  ; stands  for  prohibit- 
ed. 

Ords. , Art.  4,  Secs.  32, 37 
691,  693 

COOKING  WITH  GASOLINE, 

regulating  use  in. 

Ords.,  Art.  11,  Sec.  77....  763 


CONTRIBUTIONS  TO 
POLICE  FUND, 

See  ‘ 'Special  Police  Fund.  ’ ’ 

CONVENTIONS, 

See  "Primary  Elections." 

App.  C,  Sec.  1 1269-1275 

CONVEYANCERS, 

employed  by  Burnt  District 
Commission. 

App.  A,  Sec.  1 1236 


COPIES  OF  PLEADINGS, 
ETC., 

service  of  on  parties  in  suits 
in  Circuit  Courts  required  ; 
exceptions. 

Acts,  Sec.  327A 275 

CORD  MEASURE, 

firewood,  sales  by,  penalty, 
proviso. 

Ords.,  Art  17,  Sec.  32 886 

CORD  WOOD, 


CONVEYANCES, 

See  ‘ 'Deeds'' ’ and  ''Land 
Records.  ’ ’ 

Burnt  District  Commission — 
lands,  etc.,  acquired  by. 

App.  A,  Sec.  6 1240-1241 

Burnt  District — State  lands 


measurement  of ; contents  of 
each  cord  of  wood. 

Acts,  Sec.  591 356 

CORONER  AT  LARGE, 

appointment,  duties  and  com- 
pensation of. 

Acts,  Sec.  295 258,  259 


in. 

App.  A,  Sec.  33 1261 


District  Commission. 

App.  A,  Sec.  6 1240 


CORONERS, 


appointment  of. 

Acts,  Sec.  294 258 

assignment  of  by  Governor. 

Acts,  Sec.  294 259 


property  sold  for  Burnt  Dis- 
trict assessments. 

App.  A,  Sec.  15 1251,  1252 

sale  or  lease  of  State  property 
to  city  in  burnt  district. 

App.  A,  Sec.  34 1261,  1262 


bond  and  oath  of. 

Acts,  Sec.  294 258 

burial  expenses — City  Regis- 
ter to  pay  same  on  certifi- 
cate of  coroner ; proviso. 

Acts,  Sec.  296 


259 


CORONERS. 


COSTS. 


1377 


Page 

CORONERS.— (Cont’d). 

clothing  and  effects  of  persons 
buried  from  morgue,  to  be 
disposed  of  by. 

Ords.,  Art.  14,  Sec.  80....  821 

coroners  jury  not  to  receive 
compensation  for  services. 

Acts,  Sec.  296 259 

death  certificates  to  be  fur- 
nished by  coroner, — when. 

Ords.,  Art.  14,  Sec.  182.. 

859,  860 


inquests,  when  to  be  held  by. 

Acts,  Sec.  296 259 

monthly  report  to  Police 
Commissioners  of  inquests. 

Acts,  Sec.  297 259 

property  or  money  of  deceased 
to  be  deposited  in  bank 
subject  to  order  of  Orphans’ 
Court. 

Acts,  Sec.  297 260 

salary  of. 

Acts,  Sec.  294 258 

term  of  office. 

Acts,  Sec.  294 258 


CORONERS,  INQUESTS  AND 
DEAD  BODIES, 

Acts,  Secs.  294-299....258-261 

CORONERS  JURY, 

See  Coroners.'^' 

CORPORATE  POWERS, 

See  '‘^Powers," 


City  Council  and  Mayor,  vest- 
ed in. 

Acts,  Sec.  218 216 

synopses  of  decisions  of  Court 
of  Appeals. 

— agents  of  municipal  corpora- 
tions  216 

— appropriations 217 

— ballots 217 

— buildings 217 

— City  Council 217 

— contracts 218 

— estoppel 219 

— franchises,  improvements..  219 
— legislature,  licenses,  mar- 
kets  220 


Page 

CORPORATE,  Etc.— (Cont’d). 

— Mayor  and  City  Council  of 


Baltimore 220 

— ordinances 220 

— powers  of  municipality 223 

— quorum 224 


— taxing  power,  ultra  vires. 

225 

CORPORATE  PROPERTY, 

title  to,  in  the  city. 

Acts,  Sec.  2 41 

CORPORATIONS, 

list  of  stockholders  to  be  fur- 
nished to  Appeal  Tax  Court; 
what  list  shall  show. 

Acts,  Sec.  §155a 176 

CORPORATIONS  USING 
STREETS, 

replacement  and  restoration  of 
surface  by. 

Ords.,  Art.  35,  Secs.  114, 

115 1136,  1137 

CORRECTIONS  IN  STREET 
OPENING  ASSESSMENTS, 

hearing  and  review. 

Acts,  Sec.  177 195 

CORN  AND  FLOUR  EX- 
CHANGE,  ARBITRATION 
COMMITTEE  OF, 

See  '^'‘Arbitration.'^ 

COSTS, 

— acquittals  recovery  of,  of 


costs. 

Acts,  Sec.  341 278 

— when  prosecuting  witness 
shall  pay. 

Acts,  Sec.  340 278 

appeals  from  Justices  of  the 
Peace. 

Acts,  Sec.  389 294 

commitments  for  want  of 
security  to  keep  peace. 

Acts,  Sec.  142 169 


criminal  proceedings,  station 
house  justices  to  account  for 
and  pay  same  to  Police  Com- 
missioners, application  of 
such  costs. 

Acts,  Sec.  646. 


386 


COSTS, 


1378  COURT  OF  APPEALS. 


Page 

COSTS— (Cont’d). 

Justices  of  the  Peace  to  ac- 


count for. 

Acts,  Sec.  142 169 

power  of  city  courts  in  cases 
of  tort. 

Acts.  Sec.  389 294 


pavements,  repair  of.  City 
Engineer  to  charge  Water 
Board  with. 

Ords.,  Art.  40,  Sec.  29....1187 

Sewer  Opening  Proceedings, 

— appeals,  assessment  of 
costs  of. 

Ords.,  Art.  33.  Sec.  9..1068 
— per  diem  of  Commissioners 
included  in . 

Ords.,  Art.  33,  Sec.  19. 1072 
— valuations,  assessment  of 
cost  of. 

Ords.,  Art.  33,  Sec.  6..1063 

tort,  costs  in  cases  of,  where 
verdict  is  below  $50.00  on 


default. 

Acts,  Sec.  389 294 

COSTS  IN  EQUITY, 

stenographer’s  per  diem. 

note 273 

COTTON  BROKERS, 

license  for. 

Acts,  Sec.  694 424 


COTTON  WADDING 
MANUFACTORIES, 

erection  and  operation  of, 
prohibited,  penalty. 

Ords.,  Art.  14,  Sec.  75....  819 

COUNCIL,  CITY, 

See^'  City  Council.'''' 

COUNCILMANIC  DIS- 
TRICTS, 

See  '‘'‘Legislature  Districts.'''' 

COUNSEL  FEES, 


note 269 

when  allowed  to  plaintiff. 

Acts,  Sec.  315 269 


COUNTRY  PRODUCE, 

See  "Markets.''' 

Fells  Point  Market,  sales 
from  wagons. 

Ords.,  Art.  23,  Sec.  85....  944 

COUNTERFEITING  INSPEC- 
TIONS, 

weights  and  measures,  sym- 
bol of,  penalty. 

Ords.,  Art.  17,  Sec.  11....  880 

COUNTERFEITING  SEAL  OF 
GAS  METERS, 

penalty. 

Ords.,  Art.  20,  Sec.  14....  898 

COUNTY  COMMISSION- 
ERS, 

See  '‘'Bridges"  and  "Turn- 
pikes. ' * 

agreements  with,  relating  to 
bridges  and  turnpikes. 


Acts,  Sec.  6 82 

Light  street  bridge. 

Acts,  Sec.  6 83 


COUPON  TICKETS, 

See  "Railroads  and  Rail- 
ways." 

COURT,  APPEAL  TAX, 

See  "Appeal  Tax  Court." 

Acts,  Sec.  146 170 

COURT  HOUSE, 

employes  in,  salaries  of. 

Ords.,  Art.  28,  Sec.  2 .1005 

COURT  OF  APPEALS, 

See  "Corporate  Powers." 
appeals  from  assessments  of 


taxes. 

Acts,  Sec.  170 187 

when  to  be  taken. 

Acts,  Sec.  170 187 

transmission  of  record. 

Acts,  Sec.  170 187 

appeals  to  have  precedence. 

Acts,  Sec.  170 187 


COURTS. 


COURTS. 


Page 


1379 


Page 

COURT  OF  COMMON 
PLEAS, 

See  '^Courts— Law  Courts  of 
Baltimore  City.'' 

Acts,  Secs.  300-322,  357 
-362  363,  370.  372,  373, 

374,  377,  378,  379,  380, 

382,  387,  388,  389. 
pages  261-273,  282-284, 
287-288,  289,  290,  292, 

293,  294. 

COURT  STENOGRAPHERS, 

See  '‘'Stenographers  of 
Courts. ' ' 

COURTS, 


Judges  of  Supreme  Bench, 
additional  salary. 

Ords.,  Art.  8,  Sec.  1 716 

Superintendent  of  Public 
Buildings,  to  have  charge 
of  buildings  and  offices  of. 

Acts,  Sec.  207 209 


COURTS,— LAW  COURTS 

OF  BALTIMORE  CITY, 

Acts,  Secs.  300-322....261-273 
— appeals  from  Justices  of  the 
Peace,  trial  of,  costs  in. 


Sec.  319 271 

— appeals  in  condemnation 
proceedings  to  be  heard 
by  Baltimore  City  Court. 
Acts,  Sec.  320 272 

— proceedings,  practice  and 
procedure. 

Acts,  Sec.  320 272 

arrest  of  judgment,  motions 
in. 

Acts,  Sec.  300 261 

bills  of  exception,  when  to 
be  signed. 

Acts,  Sec.  316 270 

condemnation  proceedings, 
city  to  have  right  of  ap- 
peal therein. 

Acts,  Sec.  320 272 

declaration,  when  to  be  filed. 

Acts,  Sec.  309 264 

entry  of  appearance  after 
summons. 

Acts,  Sec.  307 263 


COURTS.— (Cont’d). 

judgment  by  default,  when 
entered. 

Acts,  Sec.  308 264 

naturalization  cases,  rules 
governing  same. 

Acts,  Sec.  321A 272-273 

new  trials,  motions  for. 

Acts,  Sec.  300 261 

paper  book  of  evidence  not 

required. 

Acts,  Sec.  301 261 

plea  to  declaration,  when 
to  be  filed. 

Acts,  Sec.  309 264 

pleas,  when  to  be  filed. 

Acts,  Sec.  308 263 

postponement  of  cases. 

Acts,  Sec.  311 265 

practice  upon  execution  of 
a writ  returnable  to  a re- 
turn day. 

Acts,  Sec.  306 263 


registration  and  naturaliza- 
tion cases,  two  judges  to 
hear  and  determine, 
sittings  of  court. 

Acts,  Sec.  321 272 

removed  cases,  assignment 
of  same  for  trial. 

Acts,  Sec.  322 273 

— transmission  of  record. 

Acts,  Sec.  322 273 

return  days. 

Acts,  Sec.  303 262 

revisory  power  of  court, 
when  exerciseable  and  its 
effect. 

Acts,  Sec.  317 270-271 

terms  of  courts. 

Acts,  Sec.  302 261-262 

thirty-day  rule,  definition 
of. 

Acts,  Sec.  318 271 

trial  of  suits. 

Acts,  Sec.  310 265 

— or  judgment,  when  suits 
shall  stand  for. 

Acts.  Sec.  310 265 


COURT'S. 


CRIME. 


1380 


Page 

COURTS.— (Cont’d). 
writs,  renewable  until  ex- 


ecuted. 

Acts,  Sec.  305 263 

renewal  of. 

Acts,  Sec.  305 262 

when  returnable. 

Acts,  Sec.  304 262 


Speedy  Judgment  Act . — 
Pleading  and  Practice 
Under, 


— admissions,  when  pre- 

sumed. 

Acts,  Sec.  312 266 

— affidavit  to  plaintiffs  claim, 
by  whom  made,  particu- 
lars of. 

Acts,  Sec.  313 267-268 

— bond,  bill  or  account  to  be 
filed. 

Acts,  Sec.  313 268 

— certificate  of  counsel  to 
accompany  plea. 

Acts,  Sec.  312 265 

— counsel  fee,  when  allowed 
to  plaintiff. 

Acts,  Sec.  315 269 

— damages  after  judgment 
by  default,  assessment 

of. 

Acts,  Sec.  314 269 

— entry  of  judgment. 

Acts,  Sec.  312 265 

— judgment  below  court’s 
jurisdiction,  practice. 

Acts,  Sec.  312 266 

— to  be  entered  where  part 
of  claim  is  admitted. 

Acts,  Sec.  312 266 

— ^jury  trial,  motion  to  be  in 
writing. 

Acts,  Sec.  314 269 

— pleas  and  affidavit,  time 
of  filing  may  be  extend- 
ed. 

Acts,  Sec.  312 266 

— to  be  sworn  to. 

Acts,  Sec.  312 265 

— portion  of  claim,  practice 
when  same  is  admitted. 

Acts,  Sec.  312 265 


COURTS  OF  BALTIMORE 
CITY, 

Acts  Secs.  300-389.. -.261-294 

witnesses,  compensation  of. 

Acts,  Sec.  387 293 


Page 

COWS  AND  CALVES  IN 
MARKETS, 

driving  unlawful,  penalty. 

Ords.,  Art.  23,  Sec.  33....  929 

sales  of,  charges  on,  where 
to  sell,  proviso. 

Ords.,  Art.  23,  Sec.  39..  931 

COWS  AND  COW 
STABLES, 

See  Health." 

Ords.,  Art.  14,  Sec.  33- 
55 806-812 

COWS  OR  CATTLE  IN 
STREETS, 

sales  of,  prohibited,  penalty. 

Ords.,  Art.  23,  Sec.  38..  930 

CRABS  AND  FISH, 

See  '‘'‘Markets." 

where  same  may  be  sold  at 
wholesale. 

Ords.,  Art.  23,  Sec.  23..  926 
927 

CRACKING  WHIPS, 

See  ‘ ‘ Vehicles.  ’ ’ 

CREWS  AND  PASSENGERS, 

See  "Health"  and  "Quaran- 
tine Hospital." 

Ords.,  Art.l4  Sec.  177....  857 

CRIERS  AND  BAILIFFS, 

salaries  of,  and  when  to  be 
paid. 

Acts,  Secs.  372-374 288 

CRIMES  AND  PUNISH- 
MENTS, 

See  "Justices  of  the  Peace." 

fire  apparatus,  injury  of,  to 
be  felony. 

Acts,  Sec.  446 308 

Mayor  to  offer  reward  in  cer- 
tain crimes. 

Ords.,  Art.  1,  Sec.  12....  575 


CRIMES. 


CRIMINAE  COURT. 


1381 


Page 

CRIMINAL  COURT.— (Cont’d). 


Page 

CRIMES,  OFFENCES  AND 
MISDEMEANORS, 

Criminal  Court  to  have  juris- 
diction in  cases  of. 

Acts,  Sec.  330 276 

penalties  for  certain  crimes 
and  misdemeanors. 

Acts.  Secs.  761,  762....469-470 

CRIMINAL  COURT, 

Acts,  Secs.  328-351,  367, 

368,  370,  372,  373,  374, 

379,  380,  382,  387,  388, 

389 

Pages— 275-281,286,  287, 

288,  290,  292,  293,  294. 


absent  witness,  fine  of. 

Acts,  Sec.  346 279 

appearence  fee  of  traverser’s 
attorney. 

Acts,  Sec.  342 279 

vagrants  may  appeal  from 
justice’s  decision  to. 

note 554 

appellate  jurisdiction  only  in 
cases  of  vagrancy. 

note 554 

assistant  counsel  for  State, 
appointment  and  compen- 
sation of. 

Acts,  Sec.  350 281 

bail,  forfeiture  of,  attachment 
for  contempt  may  issue. 

Acts,  Sec.  347 280 

binding  out  children  of 
convicted  persons,  age 
limits. 

Acts,  Sec.  345 279 


Capias, 


— returnof  by  sheriff,  indorse- 
ments thereon  and  re- 
issues. 

Acts,  Sec.  333 277 

— sheriff’s  fees  for  return  of. 

Acts,  Sec.  334 277 

commitments  and  recogniz- 
ances, Justices  of  the 
Peace  to  return  same. 

Acts,  Sec.  332 276 


costs  upon  acquittal,  when 
paid  by  prosecuting  wit- 

Acts,  Sec.  340 278 

— recovery  of. 

Acts,  Sec.  341 278 

fees  to  States  Attorney,  ad- 
ditional in  extraordinary 
cases. 

Acts,  Sec.  438 304 

fines  and  costs,  terms  of  im- 
prisonment for  non-pay- 
ment. 

Acts,  Sec.  443 306 

Grand  Jury,  appointment  of 
clerk  to,  by. 

Acts,  Sec.  604 A 362 

House  of  Good  Shepherd, 
judges  to  visit  and  inspect. 

Acts,  Sec.  518 332 

imprisonment  for  non-pay- 
ment of  fines  and  costs. 

Acts,  Sec.  443 306 

judge  to  order  removal  of, 
insane  convicts  to  Bay  View. 

Acts,  Sec.  §120a 163 

j urisdiction — c rimes  and 
offences  triable  in. 

Acts,  Sec.  330 276 

— in  criminal  cases. 

Acts,  Sec.  444 307 

petty  larceny,  penalty  for. 

Acts,  Sec.  331 276 

presentment  to  bear  name  of 
prosecuting  witness. 

Acts,  Sec.  343 279 

prosecution  of  offenders. 

Acts,  Sec.  444 306 

removed  cases,  fee  of  State’s 
Attorney. 

Acts,  Sec.  349 280 

sheriff’s  returns — penalty  for 
failure  to  make. 

Acts,  Sec.  338 278 

sessions  of. 

Acts,  Sec.  328 275 

special  sessions  of. 

Acts,  Sec.  329 276 


DAMAGES, 


CRIMINAL  OFFENCES.  1382 


Page 

CRIMINAL  COURT.— (Cont’d). 


subpoenas — renewal  of  by 
clerk. 

Acts,  Sec.  337 278 

— sheriff’s  fee  for  serving. 

Acts,  Sec.  336 277 

— when  returnable. 

Acts,  Sec.  335.. 277 

surrender  of  principal  by 
security  in  recognizance. 

Acts,  Sec.  344 279 

witnesses  before  Grand  Jury, 
how  sworn. 

Acts,  Sec.  339 278 

— fees  allowed. 

Acts,  Sec.  387 293 

CRIMINAL  OFFENCES, 

See  "‘Justices  of  the  Peace.'’' 

fines,  default  in  payment  of. 

Acts,  Sec.  444 307 

CROSS  STREETS, 

cost  of  paving  under.  Paving 
Commission,  city  to  pay. 

Acts,  Sec.  §841q 543 


expense  of  grading,  paving, 
etc. 

Ords.,  Art.  35,  Sec.  60.— 1112 

grading,  paving,  etc.,  on 
application  of  owners,  ex- 
pense of. 

Ords.,  Art.  35,  Sec.  60....1112 

paving  by  city  required. 

Ords.,  Art.  35,  Sec.  73.. 1118 

CROSS  STREET  MARKET, 

provisions  relating  to. 

Ords.,  Art.  23,  Secs.  75- 
77 942 

CROSSINGS  OF  RAIL- 
ROADS, 

street  cars  to  stop  at,  penalty. 

Ords.,  Art.  30,  Sec.  31....1026 

CROSSINGS  OF  STREETS, 

cars  of  railroads  not  to  ob- 
struct, penalty. 

Ords.,  Art.  30,  Sec.  4....1017 


Page 

CURBING  STREETS, 

See  "Grading  Pavings  etc^. 
Streets.  ’ ’ 

Acts,  Sec.  6 74 

CURBSTONES, 

streets,  etc.,  less  than  20  feet 
wide. 

Ords.,  Art.  35,  Sec.  58..1111 

CURED  MEATS, 

license  for  sale  of,  penalty. 

Ords.,  Art.  1,  Sec.  16....1200 
1201 

DAIRIES, 

See  "Health." 

Ords.,  Art.  14,  Secs.  33- 

55 806-812 

sanitary  and  hygienic  reg- 
ulations for. 

Ords.,  Art.  14,  Secs.  40- 

55 809-812 

DAMAGES, 

See  "City  Collector f'  "Con- 
demnation of  Property  f ’ 
"Sewers;"  Streets^  Bridges 
and  Highways"  sub-title 
‘ ‘ Opening  Streets , ” and 
‘ ‘ Water  System . ’ ’ 

Burnt  District  Commission; 
assessments  by. 

App.  A,  Secs.  8-28..1242-1257 

Burnt  District — caused  by 
establishments  and  changes 
of  grade  in. 

App.  A,  Sec.  35 1262-1263 

condemnation  proceedings  re- 
lating to  water,  in. 

Acts,  Sec.  6 89 

Grading  Streets, 

See  ‘ 'Streets,  Bridges  and 
Highways,  ” sub-title 
‘ ‘ Grades  of  Streets.  ’ ’ 

investment  of  damages  in 
cases  of  disability. 

Acts,  Sec.  6 73 

pawnbrokers  liable  to  suits 
for. 

Ords.,  Art.  41,  Sec.  34 

1208-1209 


DAMAGES, 


dead  bodies. 


1383 


Page 

DAMAGES.—  (Cont’d) . 

payment  into  court  of,  when 
assessed  in  opening,  etc., 
streets. 

Acts,  Sec.  827 521 

Sewers,  Opening,  etc., 

— assignment  of,  when  both 
damages  and  benefits 
assessed. 

Ords.,  Art.  33,  Sec.  5....1062 
— award  of,  basis  of. 

Ords.,  Art.  33,  Sec.  6..1063 
— constructing,  opening, etc. 
sewers. 

Acts,  Sec.  818 504 

— payment  before  work  be- 
gun. 

Ords.,Art.33,  Sec.  14..1070-1 

Streets, 

— opening,  closing,  etc. , 


cia&C2)2>illCllt  Ul. 

Acts,  Sec.  175 191 

— assignment  of. 

Acts,  Sec.  174 190 


— certificate  required  from 
claimants  as  to  taxes  in 
arrear. 

Ords.,  Art.  38,  Sec.  33..1168 
— investment  in  city  stock. 

Acts,  Sec.  185 200 

— list  of  property  for  which 
damages  are  assessed. 

Ords.,  Art.  38,  Sec.  34..1168 
— where  portion  only  of  lot 
is  taken. 

Acts,  Sec.  176 192 

DAMAGES  AND  BENEFITS, 

opening,  extending,  widen- 
ing, etc.  streets,  etc. 

Acts,  Sec.  6 72-73 

— ^assessment  of  both  to  same 
person. 

Acts,  Sec.  174 190 

— rule  in  assessing;  foot  note.  190 

DANCES,  SOIREES  AND 
MASK  BALLS, 

See  ‘ '‘Special  Police  Fund.  ’ ’ 

DANGEROUS  AND  UN- 
HEALTHY SUBSTANCES, 

deposit  in  streets  unlawful, 
penalty,  proviso. 

Ords.,  Art.  25,  Sec.  69....  980 


DATE  OF  PRIMARY  ELEC-^^^^ 
TIONS, 

App.  C,  Sec.  1 1270 

DAY,  HOURS  TO  CONSTI- 
TUTE, 

See  ‘ 'Hours  of  Labor.  ’ ’ 

DAY  LABOR  ON  CITY 
WORK, 

Paving  Commission,  employ- 
ment of. 

Acts,  Sec.  §841o 541 

DEAD  ANIMALS, 

removal  of — from  streets. 

Ords.,  Art.  36,  Secs.  5,11 

1142-1144 

— penal  tv. 

Ords.,  Art.  14,  Sec.  95..  826 

DEAD  BODIES, 

Anatomy  Board — composition 
and  duties  of. 

Acts,  Sec.  298 260 

bodies  infected  with  conta- 
gious disease;  burial  of. 

Ords.,  Art.  14,  Sec.  194,  864 

bond  by  physicians  using; 
penalty  for  illegal  traffic. 

Acts,  Sec.  299 261 

burial  permits  required. 

Ords.,  Art.  14,  Sec.  184..  860 

burial  within  4 days — from 
death  required,  proviso; 
penalt5^ 

Ords.,  Art.  14,  Sec.  194  864 


distribution  of  by  Anatomy 
Board. 

Acts,  Sec.  298 260 

friends  or  relatives  to  receive 
bodies  if  claimed. 

Acts,  Sec.  298 260 

penalty  in  relation  to  dead 
bodies. 

Acts,  Sec.  298 260 


permits  for  conveyance  of. 

Ords.,  Art.  14,  Sec.  187..  861 

removal  of,  when  contagious 
disease  caused  death. 

Ords.,  Art.  14,  Sec.  16....  801 


DEAF  AND  DUMB. 


DEEDS  AND  EEASES. 


Page 

DEAF,  DUMB  AND  BLIND, 


age  limit  for  instruction  of. 

Acts,  Sec.  395 295 

application  for  instruction. 

Acts,  Sec.  395 295 

— duty  of  Governor  when  ex- 
cessive. 

Acts,  Sec.  396 296 

— order  of  disposition  of. 

Acts,  Sec.  396 296 

appropriations  annually  for. 

Acts,  Sec.  397 296 

— exhaustion  of. 

Acts,  Sec.  396 295 

— maximum  expenditure. 

Acts,  Sec.  396-7 296 

blind,  cost  and  term  of  in- 
struction. 

Acts,  Sec.  399 297 

certificate  of  fitness  of  appli- 
cant for  instruction. 

Acts,  Sec.  395 295 

— duty  of  Governor  in  rela- 
tion to. 

Acts,  Sec.  396 295 

fees  for  tuition,  payment  of. 

Acts,  Sec.  396-9 296 

Maryland  Institute  for  Educa- 
tion of  Deaf  and  Dumb  to 
receive. 

Acts,  Sec.  395 295 

qualifications  of  applicant  for 
instruction. 

Acts,  Sec.  395-9 295-297 

report  by  Governor  of  dis- 
bursements for. 

Acts,  Sec.  400. 297 

term  of  instruction. 

Acts,  Sec.  396-9 295 

transportation  expenses  of 
deaf  and  dumb. 

Acts,  Sec.  396 296 


DEALERS  IN  COAL, 

See  "'Coal.^'’ 

DEATH  CERTIFICATE, 

See  "'‘Health." 

Ords.,  Art.  14,  Sec.  181 

858-859 


Page 

from  contagious  diseases; 
certificates  to  be  delivered 
at  once. 

Ords.,  Art.  14,  Sec.  182, 

159-160 

— of  city  officials;  accounting 
for  property  by  successor. 
Ords.,  A.rt.  21,  Sec.  3..905-06 
— of  firemen;  payment  to  wife 
or  family,  proviso. 

Ords.,  Art.  11,  Sec.  11....  739 

DEBTS  AGAINST  CITY, 

See  ""Claims  against  City," 

DEBTS  OF  POLICE, 

See  " "Special  Police  Fund.  ’ ’ 

DECISIONS  OF  COURT  OF 
APPEALS, 

See  " " Corporate  Powers,  ’ ’ 

DECLARATION, 


filing  of  plea  to. 

Acts,  Sec.  309 264 

when  to  be  filed. 

Sec.  309 264 


DECREE  IN  PERSONAM, 

See  ""Mortgages." 

DECREES, 

sale  of  mortgaged  premises. 


Acts,  Sec.  720 434 

DEDICATED  STREETS, 

acceptance  of;  foot  note 74 


declaration  of  dedication  of 
certain  streets  to  be  public 
highways;  proviso. 

Ords.,  Art.  35,  Sec.  19..1097 

streets  in  Annex. 

Ords.,  Art.  35,  Sec.  19..1097 

DEEDS,  LEASES  AND 
TRANSFERS, 

See  " " Conveyances'  ’ and  ‘ ‘ City 
Solicitor.  ’ ’ 

Assistant  City  Solicitor  to  ap- 
prove, form  and  legal  suf- 
ficiencj'^  of. 

Ords.,  Art.  5,  Sec.  1. 


1384 

DEATH, 


695 


DKPARTMKNTS. 


DEFACING  MARKS.  1385 


DEEDS,  LEASES,  Etc.— (Conf’d^^ 

Burnt  District  Commission 
to  insert  clause  relating  to 
signs  and  bill-boards. 

Ords.,  Art.  1,  Sec.  4....572-573 


City  Collector,  change  in 
office  of. 

Acts,  Secs.  §45a,  §45b....  124 

City  Solicitor  to  approve  legal 
form  of. 

Acts,  Sec.  63 135 

Mayor  to  renew  leases  on  city 
fee  simple  or  leasehold  es- 
tates. 

Ords.,  Art.  1,  Sec.  3 572 

— to  execute  on  behalf  of  city. 

Ords.,  Art.  1,  Sec.  2 572 

must  conform  with  section 
13  of  City  Charter  when 
applicable. 

City  Code  2,  3 572 

property  conveyed  for  street 
beds,  plats  to  accompany. 

Acts,  Sec.  193 202 

— purchased  at  tax  sales. 

Ords.,  Art.  38,  Sec.  35 


1168-1169 

recording  of  deeds  to  city 
property. 

Ords.,  Art.  38,  Sec.  36..1169 

record  to  be  kept  by  Comp- 
troller. 

Ords.,  Art.  1,  Sec.  49....  587 

residue  of  lots  taken  in  open- 
ing, etc.  streets. 

Acts.,  Sec.  176 192 

DEFACING  MARKS  OF 
IDENTIFICATION  ON 
REVOLVERS, 

penalty  for. 

Ords.,  Art.  25,  Sec.  82 986 

D^EFAULT  BY  MORT- 
GAGOR, 

See  ^'Mortgages." 

not  to  effect  right  to  decree. 

Acts,  Sec.  731 439 

DEFECTIVE  BOILERS, 

See  Steam  Boilers.''' 


Page 

DEFECTIVE  WATER  PIPES, 

repair  of  by  Water  Board  and 
private  owners. 

Ords.,  Art.  40,  Secs.  25, 

26 1185-1186 

when  owners  shall  repair ; 
penalty. 

Ords.,  Art.  40,  Sec.  26, 

1186 

DEFICIENCY  IN  SPECIAL 
POLICE  FUND, 

See  '‘'Special  Police  Fund." 

DEGREES, 

See  ''‘Johns  Hopkins  Univer- 
sity. ' ' 

DELEGATES  AND  DELE- 
GATIONS, 

See  ''Prhnary  Elections." 

App.  C,  Sec.  1 1270-1272 

DENSITY  OF  OILS, 

See  ''Lamps  and  Lighting." 

minimum  allowed ; penalty. 

Ords.,  Art.  20,  Sec.  28....  903 

DEPARTMENT  OF  CHARI- 
TIES AND  CORRECTIONS, 

See  ''Charities  and  Correc- 
tions. ' ' 

DEPARTMENTAL  ESTI- 
MATES, 

See  ' 'Board  of  Estimates. ' ' 

Acts,  Sec.  36 113 

DEPARTMENTS  OF  THE 
CITY, 

annual  reports  of ; when  to 
be  made. 

Ords.,  Art.  1,  Sec.  36 582 

City  Finance, 

— Board  comprising  head  of. 


Acts,  Sec.  32 110 

— powers  of  Board  of. 

Acts,  Sec.  32 110 

Legislative  Reference, 

— composition  of,  head. 

Acts,  Sec.  208A 210 


— Executive  Officer,  duties 
of. 


DEPOSITORY  BANKS. 


DEPUTY  REGISTER. 


1386 


Page 

DEPARTMENTS  OF— (Cont’d). 
Legislative  Reference, — (Cont’d). 

— accumulate  data  on  opera- 


tion of  laws. 

Acts,  Sec.  208B 210 

— annual  report. 

Acts,  Sec.  208B 211 

— collect  and  index  informa- 
tion. 

Acts,  Sec.  208B 211 

— examine  laws  of  other 
states  and  cities. 

Acts,  Sec.  208B 210 

— other  duties. 

Acts,  Sec.  208B 211 

— prepare  bills  and  ordi- 
nances. 

Acts,  Sec.  208B 211 

— report  on  proposed  legis- 
lation when  requested. 

Acts,  Sec.  208B 211 

— salary. 

Acts,  Sec.  208C 211 

— tenure  of  office. 

Acts,  Sec.  208A 210 

— expenses  of 

Acts,  Sec.  208C 211 

— statistician  t o , appoint- 
ment. 

Acts,  Sec.  208A 210 

Public  Safety, 

— composition  of  Board 

Acts,  Sec.68 136-137 

water  used  in  ; tax  for 
payment  for. 

Ords.,  Art.  41 67,  1220 


DEPOSITORY  BANKS  FOR 

CITY’S  FUNDS, 

selection  of ; interest  paya- 
ble by. 

Ords.,  Art.  6,  Sec.  23 

705-706 

DEPOSITS  IN  BANKS, 

interest  on  city’s  moneys. 

Ords.,  Art.  6,  Sec.  23 

705-706 

DEPOSITS  OF  NIGHT  SOIL, 

places  for,  selection  by  Com- 
missioner  of  Health; 
penalty. 

Ords.,  Art.  14,  Sec.  154..  843 

suspension  of,  on  com- 
plaint  of  neighboring 
parties. 

Ords.,  Art.  14,  Sec.  155..  844 


Page 

DEPOSITS  OR  PLEDGES 
WITH  PAWNBROKERS, 

See  ‘ ''Pawnbrokers.  ’ ’ 

DEPOTS  AND  PUBLIC 
PLACES. 

See  ‘ ‘ Thieves  and  Pickpockets.  ’ ’ 

DEPUTIES,  ASSISTANTS, 
CLERKS  AND  SUB- 
ORDINATES, 

appointments  and  removal  of. 


Acts,  Sec.  28 107 

DEPUTY  CITY  SOLICITOR, 

See  ‘ ‘ City  Solicitor.  ’ ’ 

appointment  of. 

Acts,  Sec.  62 133 

powers  of,  when  acting  as 
City  Solicitor. 

Acts,  Sec.  62 134 


vacancy  in  office  of  City 
Solicitor  ; Deputy  City 
Solicitor  to  be  City  Solic- 


itor. 

Acts,  Sec.  134 134 

DEPUTY  COMPTROLLER, 

See  " Comptroller. 

appointment  of,  and  salary. 

Acts,  Sec.  34 Ill 

bond  of. 

compensation  of. 

Ords.,  Art.  6,  Sec  16 703 

DEPUTY  REGISTER, 

See  "City  Register.'’' 

bond  and  oath  of. 

Ords.,  Art.  6,  Sec.  20....  705 


clerk  to  Board  of  Finance, 
salary  as. 

Acts,  Sec.  41 121 

duties  of. 

Ords.,  Art.  6,  Sec.  20  ..704-705 

sinking  funds,  to  open  ac- 
counts of. 

Ords.,  Art.  34,  Sec.  18  ..1083 

to  act  in  absence  of  City 
Register. 

Ords.,  Art.  6,  Sec.  21 — 705 


DEPUTY  SHERIFF. 


DISEASES. 


1387 


Page 

DEPUTY  SHERIFF, 

See  ''Sheriff." 

DESTROYING  PROPERTY 
MALICIOUSLY, 

garments,  wearing  apparel, 


etc,,  penalty. 

Acts,  Sec.  401 297 

goods,  wares  and  merchan- 
dise ; penalty. 

Acts,  Sec.  401 297 


houses,  fences,  chattels,  etc. 
police  regulations. 

Ords.,  Art.  25,  Sec.  59....  977 

DIES  FOR  LICENSE  NUM- 
BERS, 

Collector  of  Water  Rents  and 
Licenses  to  provide. 

Ords.,  Art.  41,  Sec.  78....1225 

DIGGING  UP  STREETS, 

See  ''Streets  and  City  Engi- 
neer' 'and  “ Water. ' ' 

permits  for. 

Ords.,  Art.  35,  Secs.  104- 
109 1131-1134 

powers  and  duties  of  Water 
Board. 

Ords.,  Art.  40,  Secs.  23- 
24 1184-1185 

DIMENSIONS  OF  COW 
STABLES, 

See  ‘ 'Health;' 'sub-title'  'Cows., 

Cow  Stables  and  Dairies." 

Ords.,  Art.  14,  Secs.  37, 

38  and  40 806-809 

DIPLOMAS, 

See  ' 'Schools, ' ' sub-title  ''Cer- 
tificates, Diplomas  and 
Prizes. ' ' 

Ords.,  Art.  32,  Secs.  11- 
14 1047-1048 

DIRT,  LUMBER,  ETC.,  IN 
STREETS, 

police  regulations, 

Ords.,  Art.  25,  Sec,  73....  981 

DISABILITY  OF  FIREMEN, 

pay  during,  proviso. 

Ords.,  Art.  11,  Sec.  10....  739 


Page 

DISBURSEMENTS, 

City  Register  to  keep  record 
of. 

Ords.,  Art.  6,  Sec.  23....  706 

DISBURSING  OFFICIALS  OF 
CITY, 

office  hours  on  Tuesdays  and 
Fridays. 

Ords.,  Art.  6,  Sec.  30....  709 
and  note 708-709 

system  adopted  by. 

Ords.,  Art.  6,  Sec.  29....  708 
and  note 708-709 

DISCHARGING  FIRE-ARMS, 

penalty  for,  in  city  or  on  ves- 
sels in  harbor. 

Ords.,  Art.  25,  Sec.  83....  986 

DISCIPLINE  OF  POLICE, 

See  ' 'Police  Commissioners. ' ' 

DISCONTINUED  GAS 
METERS, 

See  ''Lamps  and  Lighting." 

re-inspection  required  before 
subsequent  use,  fee,  pen- 
alty. 

Ords.,  Art.  20,  Sec.  11....  896 

DISCOUNTS, 

See  "City  Collector"  and 
' ' Water  Rents. ' ' 

Burnt  District  assessments ; 
early  payment  of. 

App.  A,  Sec.  37 1263 

water  rents  and  charges ; 
scale  of. 

Ords.,  Art.  40,  Sec.  5....1179 
Sec.  6....1179 

DISCOVERIES  OF  ASSESS- 
ABLE PROPERTY, 

Acts,  Sec.  169 184 

DISEASES, 

See'  'Health, ' ' sub-title  ' 'In- 
fectious and  Contagious 
Diseases.'  ’ 

Acts,  Sec.  6 53 

communicable  diseases  de- 
fined. 

App.  B,  Sec.  1. 


.1265 


DISINFECTION. 


DOCUMENTS,  ETC. 


1388 


DISINFECTION  OF  PREM-^^^^ 
ISES  AND  CLOTHING, 

^ee  ‘ "‘Health\  ’ ’ sub-title  ‘ '^In- 
fectious and  Contagious 
Diseases.  ’ ’ 

Ords.,  Art.  14,  Secs,  15, 

18 801-802 

vacant  premises  to  be  disin- 
fected. 

Ords.,  Art.  14,  Sec.  27 804 

DISINFECTION  OF  VESSELS, 

expenses  of,  how  paid. 

Ords.,  Art.  14,  Sec.  170..  853 

DISORDERLY  AND  IDLE 
PERSONS, 

See  ‘ ‘ Vagrants  and  Disorder- 
ly Persons.  ’ ’ 

ejection  from  or  arrest  of  in 
markets. 

Ords.,  Art.  23,  Sec.  9....  922 

DISORDERLY  CONDUCT  OR 

DRUNKENNESS, 

treatment  of  persons  charged 
with. 

Acts,  Sec.  143 169 

DISPENSARIES, 

See  "Health.'"'' 

appropriations  for. 

Acts,  Sec.  105 158 

receiving  fines. 

{See'  'Fines  and  Forfeitures.  ’ ’ ) 

vaccine  virus  to  be  supplied 
by ; provisions  relating  to. 

Ords.,  Art.  14,  Sec.  30..  805 

water  charges  for. 

Ords.,  Art.  41,  Secs.  58- 

61 1219 

DISPOSSESSION  OF  TEN- 
ANTS, 

See  ' 'Landlord and  Tenant.  ’ ’ 

Acts,  Sec.  853-864 550-553 

DISTANCES  BETWEEN  VE- 
HICLES IN  STREETS, 

See  ' ' Vehicles.  ’ ’ 


Page 

DISTRAINT, 

notice  of,  in  tax  sales. 

Acts,  Sec.  43 123 

DISTRIBUTION  OF  PRO- 
CEEDS OF  SALES, 

See  "Mortgages." 

DISTRICT  ENGINEER  OF 
FIRE  DEPARTMENT, 

See  "Fire  Department.'"' 
act  in  absence  of  Chief  ICn- 
gineer. 

Ords.,  Art.  11,  Sec.  19....  742 

DISTRICT  SUPERINTEN- 
DENTS  OF  LAMPLIGHT- 
ERS, 

See  "Lamps  and  Lighting." 
Ords.,  Art.  20,  Sec.  23.... 
900-01 

DISTRICT  SUPERINTEN- 
DENT  OF  STREETS, 

See  "Street  Cleaning." 

Ords.,  Art.  36,  Secs.  14- 

16 1145-6 

daily  reports  by,  to  Commis- 
sioner. 

Ords.,  Art.  36,  Sec.  2.... 
1140-41 

DISTRICTS, 

See  "Legislative  Districts." 
keepers  of  standards  of 
weights  and  measures. 

Ords.,  Art.  17,  Sec.  4 877 

DISTRICTS  OF  STREET 
CLEANERS, 

division  of  city  into. 

Ords.,  Art.  36,  Sec.  14.... 1145 

DOCKAGE, 

See  "Harbor,  Docks  and 
Wharves. ' ' 

Ords.,  Art.  13,  Sec.  18.... 
779,  780 

DOCUMENTS  AND  OFFI- 
CIAL PAPERS, 

City  Engineer’s  Department, 

Ords.,  Art.  35,  Sec.  4 1092 


DOCKET  ENTRIES. 


DRAINAGE. 


Page 


1389 


Page 

DOCKET  ENTRIES  AND 
PAPERS  IN  SUITS, 

See  ‘ 'Mortgagees.  ’ ’ 

to  be  evidence  in  suits  pend- 
ing ; production  by  subpoena 
duces  tecum  at  trials. 

Acts,  Sec,  388 293-294 

DOCKETS  OF  JUSTICES  OF 
THE  PEACE, 

disposition  of  upon  death, 
resignation  or  removal. 

Acts,  Sec.  648 387 

DOCKS  AND  WHARVES, 

Burnt  District  Commission — 
additions  and  extensions  to. 

App.  A,  Secs.  4-28..1237-1257 

infected  articles  not  to  be 
landed  at. 

Ords.,  Art.  14,  Sec.  15....  801 

DOGS, 

claimed  within  forty- eight 
hours  of  capture ; fees 
charged. 

Ords.,  Art.  41,  Sec.  23....1204 

collars  and  license  tags  for. 

Ords.,  Art.  41,  Sec.  20....1202 

contract  with  city  for  destruc- 
tion of. 

Ords.,  Art.  41,  Sec.  24....1204 

dogs  of  non-residents  except- 
ed. 

Ords.,  Art.  41,  Sec.  21....1203 

killing  of  dogs  at  large. 

Ords.,  Art.  41,  Sec.  20....1202 

license  for. 

Ords.,  Art.  41,  Secs.  20, 

21 1202,  1203 

— application  for  license  ; in- 
formation to  be  given  in. 
Ords.,  Art.  41,  Sec.  21.... 

1202,  1203 

— provisions  relating  to. 

Ords.,  Art.  41,  Secs.  20, 

21 1202,  1203 

— renewals  of  license. 

Ords.,  Art.  41,  Sec.  21....1203 
— tags  for  license  numbers. 

Ords,,  Art.  41,  Sec.  21.... 

..1202,  1203 


DOGS.— (Cont’d). 

— when  unnecessary { 

Ords.,  Art.  41,  Sec.  21.... 

1202,  1203 

penalty  for  violation  of  pro- 
visions relating  to. 

Ords.,  Art.  41,  Sec.  22.... 

1203-1204 

poisoned  meat,  etc. , to  destroy, 
penalty. 

Ords.,  Art.  41,  Sec.  25.... 

1204-1205 

reclaiming  of  dogs  seized, 

Ords.,  Art.  41,  Sec.  23....1204 

seizure  and  destruction  of, 
authority  for ; proviso. 

Ords.,  Art.  41,  Sec.  24....1204 

tags  lost  or  stolen, 

Ords.,  Art.  41,  Sec.  21....1203 

disposition  of  dogs  taken  up  ; 
penalty  for  owners  ; recov- 
ery of  dogs. 

Ords.,  Art.  25,  Sec.  10....  964 

DOMESTIC  USE  OF  WATER, 

rates  for. 

Ords.,  Art.  41,  Sec.  54.... 

1216-17 

DOVER  STREET, 

vehicles  ; stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  33 691 

DRAIN  PIPES, 

See  "Health.'^ 

Ords.,  Art.  14,  Sec.  130..  837 

DRAINAGE. 

See  "Health.'’' 

Ords.,  Art,  14,  Secs.  94, 

100 826,  827 

building  permits  not  to  issue 
until  provision  made  for. 

Ords.,  Art.  38,  Sec.  21....1163 

buildings  to  be  provided 
with. 

Ords.,  Art.  14,  Sec.  150..  843 

into  city  wells  prohibited ; 
penalty. 

Ords,,  Art.  14,  Sec.  151..  843 

regulation  of. 

Acts,  Sec.  6. 


68 


DRAINAGE. 


MEASURES. 


1390 

Page 


DRAINAGE  AND  VENTILA- 
TION, 

See  '‘"‘Sanitary  Inspectors.'" 

DRAINAGE  CONNECTIONS, 

See  Sewers.'*' 

DRAINAGE  UNDER  SIDE- 
WALKS, 

See  "‘Footways." 

Ords.,  Art.  35,  Secs.  32, 


36  inclusive 1102-1103 

DRAINAGE  IN  ANNEX, 

provisions  for  costs  of. 

Acts,  Sec.  §841h 534 


DRAINERS  FOR  CELLARS, 

water  charges  for. 

Ords.,  Art.  41,  Sec.  73....1223 

DRAINING  CELLARS, 

automatic  drainers,  water  for 
free. 

Ords.,  Art.  41,  Sec.  73....1223 

DRAINS  AND  SEWERS, 

private  construction  of,  per- 
mit for,  application  for  per- 
mit. 

Ords.,  Art.  33,  Sec.  24....1074 
DRAYMEN, 

See  ‘ ‘ Vehicles. ' ' 

DRAWBRIDGE  AT  CITY 
DOCK, 

vessels  passing  through,  regu- 
lations, penalty. 

Ords.,  Art.  18,  Sec.  5 890 

DRAYS, 

power  to  license. 


Acts,  Sec.  6 47 

— to  regulate. 

Acts,  Sec.  6 47 


DRAYS  IN  STREETS, 

See  ‘ ‘ Vehicles. ' ' 

DRINKING  FOUNTAINS, 

construction  of. 

Ords.,  Art.  40,  Sec.  15....1182 

erection  of  to  replace  pumps. 

Ords.,  Art.  40,  Sec.  14....1182 


Page 

DRIVERS  OF  HACKNEY 
CARRIAGES, 

See  "‘'HcLckney  Carriages." 

DRIVERS  OF  VEHICLES, 

See  ‘ ‘ Vehicles.  ’ ’ 

DRIVING  AND  RIDING 
REGULATIONS, 

See  ‘ ‘ Vehicles.  ’ ’ 

DRIVING  CATTLE,  SHEEP 
AND  HOGS  THROUGH 
STREETS, 

See'  ‘ Cattle,  Sheep  and  Swine, ' ’ 

— driving  through  Streets. ' ' 
Ords.,  Art.  25,  Secs.  11- 
31 964-69 

DRIVING  OVER  FIRE  HOSE 
IN  USE, 

penalty,  proviso. 

Ords.,  Art.  11,  Sec.  49....  753 

DROVES  OF  CATTLE,  ETC., 

IN  STREETS, 

maximum  number  permitted, 
number  of  drivers  required. 
Ords.,  Art.  25,  Secs.  16- 
18 965-6 

DRUGGISTS  AND  APOTHE- 
CARIES, 

liquors,  sale  of. 

{See  "Licenses."^ 

Acts,  Sec.  683 417 

DRUNK  AND  DISORDERLY 
PERSONS, 

penalty  prescribed. 

Acts,  Sec.  761 469 

DRUNKARDS, 

See  ‘ 'Liquor  Licenses. ' ' 

DRY,  LONG  AND  LIQUID 
MEASURES, 

annual  inspection  of. 

Ords.,  Art.  17,  Sec.  17....  882 


DUMPS. 


ELECTIONS. 


Page 


1391 


Page 

DUMPS  FOR  OYSTER 
SHELLS, 

prohibited  without  permit 
from  Commissioner  of 
Health. 

Ords.,  Art.  14,  Sec.  119..  832 

DUTIES— AUCTION, 

See  ‘ 'A  uctio7ieers,  ’ ’ 

DWELLING  HOUSES, 

water  rents  for. 

Ords.,  Art.  41,  Sec.  54  ... 

1216,  1217 

DWELLINGS  ON  LOW, 
DAMP,  ETC.,  GROUND, 

construction,  ventilation. 

Ords.,  Art.  3,  Sec.  22 607 

DYNAMITE,  ETC., 

manufacture  prohibited,  pen- 
alty. 

Ords.,  Art.  11,  Sec.  69....  759 

EARNINGS  OF  PRISONERS 
IN  JAIL, 

allowance  on  discharge. 

Acts,  Sec.  124 164 

EARTHEN  AND  STONE- 
WARE MANUFACTORIES, 

operation  of  prohibited;  pen- 
alty. 

Ords.,  Art.  14,  Sec.  69 818 

EASEMENTS  IN  STREETS, 

See  ‘ '‘Franchises.  ’ ’ 

EASEMENTS,  PUBLIC, 

See  titles  relating  to  "Grants 
and  Franchises.  ’ ’ 

EASTERN  AVENUE, 

locomotives  to  be  used  on, 

Ords.,  Art.  30,  Sec.  13....1019 

EDUCATION, 

See  " Schools. 

city  may  receive  funds  in 
trust  for. 

Acts,  Sec.  2 


EDUCATION  AT 

McDONOGH  INSTITUTE, 

support  and  maintenance  of 
school  farm  and  institute. 
Ords.,  Art.  22,  Sec.^6..910-ll 

EDUCATION,  DEPART- 
MENT  OF, 

Board  of  School  Commission- 
ers to  be  its  head. 

Acts,  Sec.  99 152 

composition  of. 

Acts,  Sec 109 

EFFECT  OF  CODE, 

contract  obligation  unaffected. 

Ords.,  Sec.  1 1229 

laws  and  ordinances  em- 
braced in,  status  of  tempo- 
rary ordinances. 

Ords.,  Sec.  2 1230 

revocable  rights  not  to  become 
vested. 

Ords.,  Sec.  1 1229 

suits,  pending,  not  affected. 

Ords.,  Sec.  1 1229 

taxes  previously  levied  not 

affected. 

vested  rights  not  impaired. 

Ords.,  Sec.  1 1229 

EGRESS  FROM  BUILDINGS, 

obstruction  of,  when  pro- 
hibited and  penalized. 

Acts,  Sec.  280 252 

ELECTION  DAY, 

for  spring  primaries  for 
Mayor,  etc. 

App.  C,  Sec.  2 1275 

ELECTION  OF  JUDGES, 

Acts,  Sec.  326 274-275 

and  note 275 

ELECTION  RETURNS, 

See  "Police  Commissioners." 

ELECTIONS, 

City  Council,  Second  Branch. 


Acts,  Sec.  213 213 

Comptroller,  election  of. 

Acts,  Sec.  33 110 


42 


ELKCTIONS. 


electrical. 


1392 


Page 

ELECTIONS.— (Cont’d). 
employes  of  Fire  Department 
not  to  act  as  officers  of. 

Ords.,  Art.  11,  Sec.  4....  737 


Mayor  when  to  be  elected. 

Acts,  Sec.  16 100 

President  Second  Branch  City 
Council. 

Acts,  Sec.  214 213 

qualifications  of  voters. 

Acts,  Sec.  16 100 


ELECTIONS,  PRIMARY, 

See  '‘"Primary  Elections ' 

App.  C,  Secs.  1-3....1269-1277 

ELECTRIC  LAMPS, 

location  of. 

Ords.,  Art.  20,  Sec.  22....  900 

ELECTRIC  LIGHT  AND 
OTHER  POLES, 

permits  for  planting. 

Ords.,  Art.  35,  Sec.  105, 

106 1132-1133 

ELECTRIC  WIRES  UNDER- 
GROUND, 

See  ""Electrical  Commission 
and  Subways.  ’ ’ 

Ords.,  Art.  9,  Secs.  6-11, 

719-722 

ELECTRICAL  COMMISSION 
AND  SUBWAYS, 

Chesapeake  and  Potomac 
Telephone  Company, 

— agreement  of  payment  for 
privileges  granted,  ap- 
proval of,  security,  rate. 

Ords.,  Art.  9,  Sec.  21..  726 
— annual  minimum  payment 
for  privileges. 

Ords.,  Art.  9,  Sec.  21..  726 
— authority  to  lay  conduits  in 
streets. 

Ords.,  Art.  9,  Sec.  19..724-5 
— bond  for  performance  of 
obligations. 

Ords.,  Art.  9,  Sec.  23..  727 
— City  Engineer  to  supervise 
replacement  of  paving. 

Ords.,  Art.  9,  Sec.  21....  726 


Page 

ELECTRICAL,  Etc.— (Cont’d). 

C.  & P.  Teleph’e,  Etc. — (Cont’d) . 
— compensation  to  city  for 
rights  granted. 

Ords.,  Art.  9,  Sec.  21..  726 
— condition  of  grant  of  priv- 
ileges. 

Ords.,  Art.  9,  Sec.  20..  725 
— construction  requirements 
for  conduits  and  man- 
holes. 

Ords.,  Art.  9,  Sec.  19..  725 
— distribution  poles,  use  of. 

Ords..  Art.  9,  Sec.  20..  725 
— Electrical  Commission  to 
supervise  construction. 

Ords.,  Art.  9,  Sec.  21..  726 
— exclusive  rights  not  granted 

Ords.,  Art.  9,  Sec.  20..  725 
— fire  alarm  wires,  to  provide 
free  space  for. 

Ords.,  Art.  9,  Sec.  22....  727 
— house  connections,  author- 
ity to  make. 

Ords.,  Art.  9,  Sec.  19..  725 
— joint  user  of  privileges  sep- 
arately granted. 

Ords.,  Art.  9,  Sec.  19..  725 
— manholes,  authority  to  con- 
struct. 

Ords.,  Art.  9,  Sec.  19..  725 
— note,  list  of  ordinances  on 
distribution  of  electricity 
and  gas. 

Ords.,  Art.  9 727-8 

— ordinance  41  to  remain  un- 
affected. 

Ords.,  Art.  9,  Sec.  24..  727 
— payment  for  grant  of 
privileges. 

Ords.,  Art.  9,  Sec.  21..  726 
— paving,  City  Engineer  to 
supervise  replacement. 

Ords.,  Art.  9,  Sec.  21..  726 
— plans  of  construction  to  be 
filed  with  Electrical 
Commission. 

Ords.,  Art.  9,  Sec.  21..  726 
— poles,  removal  of. 

Ords.,  Art.  9,  Sec.  20..  725 
— police  patrol  wires,  provide 
space  for,  free. 

Ords.,  Art.  9,  Sec.  22..  727 
— provisions  of  ordinance  41 
remain  unaffected. 

Ords.,  Art.  9,  Sec.  24..  727 
— space  for  fire  alarm  and 
police  patrol  wires,  to 
provide  free. 

Ords.,  Art.  9,  Sec.  22..  727 


ELECTRICAIv. 


eeectricae. 


1393 


Page 

ELECTRICAL,  Etc.— (Cont’d). 

C.  & P.  Teleph’e,  Etc.— (Cont’d). 
— timelimit  for  construction. 

Ords.,  Art.  9,  Sec.  20..  725 
— telephone  conduits,  con- 
struction of. 

Ords.,  Art.  9,  Sec.  19..  725 

Electrical  Commission  of 
Baltimore, 

See  '"Stocks,  Loans  and  Fi- 
nance. ’ ’ 

Acts,  Sec.  §826a 519 

— advertise  for  proposals  for 
construction. 

Ords.,  Art.  9,  Sec.  5....  719 
— appointment  and  duties  of. 

Acts,  Sec.  6 81 

— authority  and  powers. 

Ords.,  Art.  9,  Sec.  1....  718 
— Chief  Engineer,  salaries, 
duties,  qualifications. 

Ords.,  Art.  9,  Sec.  2....  718 
— composition  of  Commis- 
sion. 

Ords.,  Art.  9,  Sec.  1....  718 
— conduits,  construct  gen- 
eral system  of. 

Ords.,  Art.  9,  Sec.  1....  718 
— contracts  to  be  in  accord- 
ance with  plans  of 
Commission. 

Ords.,  Art.  9,  vSec.  5....  719 
— labor,  employment  of  reg- 
istered voters  only, 
ords..  Art.  9,  Sec.  4....  719 
— materials,  purchase  of. 

Ords.,  Art.  9,  Sec.  4....  719 

— notes,  cases  cited 718 

— plans  and  specifications, 
contracts  to  conform  to. 
Ords.,  Art.  9,  vSec.  5....  719 
— proposals,  to  advertise  for. 

Ords.,  Art.  9,  Sec.  5....  719 
— salary  of  Chief  Engineer. 

Ords.,  Art.  9,  Sec.  2 ...  718 
— specifications  and  plans 
for  bids. 

Ords.,  Art.  9,  Sec.  5....  719 
— subordinates,  employment 
of. 

Ords.,  Art.  9,  Sec.  3....  718 
— trolley  wires,  excepted. 

Ords.,  Art.  9,  vSec.  1....  718 
— voters  only,  to  be  em- 
ployed as  laborers. 

Ords.,  Art.  9,  Sec.  4....  719 
— wires  to  be  placed  under- 
ground. 

Ords.,  Art.  9,  Sec.  1....  718 


Page 

ELECTRICAL,  Etc.— (Cont’d). 

Powers  of  Electrical  Commis- 
sion and  use  of  Subways, 

— applications  for  space  in 
conduits. 

Ords.,  Art.  9,  Sec.  7....  720 
— authority  and  powers  de- 
fined. 

Ords.,  Art.  9,  Sec.  6. .719-20 
— compliance  with  conditions 
of  rental  required. 

Ords.,  Art.  9,  Sec.  7....  720 
— drawings,  etc.,  of  wires  in 
streets,  etc.,  owners  to 
furnish,  penalty. 

Ords.,  Art.  9,  Sec.  11..  721 
— failure  to  comply  with 
orders  of  Commission, 
penalty. 

Ords.,  Art.  9,  Sec.  9....  721 
— notice  to  owners  to  fur- 
nish data  of  wires  in 
streets,  etc.,  penalty. 

Ords.,  Art.  9,  Sec.  11..  721 
— place  wires  underground. 

Ords.,  Art.  9,  Sec.  9....  721 
— remove  poles. 

Ords.,  Art.  9,  Sec.  10..  721 
— overhead  wires  to  be  placed 
underground  on  order 
of  Commission. 

Ords.,  Art.  9,  Sec.  8....  720 
— owners  to  place  wires  un- 
derground, penalty. 

Ords.,  Art.  9,  Sec.  9....  721 
— penalty  for  neglect  of 
owners  to  furnish  data 
of  wires. 

Ords.,  Art.  9,  Sec.  11..  722 
— poles,  removal  by  Com- 
mission on  neglect'  of 
owners. 

Ords.,  Art.  9,  Sec.  10..  721 
— renting  space  in  conduits, 
provisions,  proviso. 

Ords.,  Art.  9,  Sec.  7....  720 
— summary  methods  in  exer- 
cise of. 

Ords.,  Art.  9,  Sec.  6....  720 
— time  limit  for  compliance 
with  orders  of  Commis- 
sion. 

Ords.,  Art.  9,  Sec.  9....  721 
— removal  of  poles. 

Ords.,  Art.  9,  Sec.  10..  721 
— trolley  wires,  exemption 
of. 

Ords.,  Art.  9,  Sec.  6....  720 


ELECTRICAI,, 


EEEVATORS. 


1394 


Page 

ELECTRICAL,  Etc.— (Cont’d). 

Rentals,  Rules  and  Regula- 
tions Relating  to  Duct  Space, 

— arrears  for  rent,  removal 
of  wires  at  expenss  of 
lessee. 

Ords.,  Art.  9,  Sec.  14.  723 
— authority  to  fix  rents  of 
ducts. 

Ords.,  Art.  9,  Sec.  12..  722 
— bond  from  users  of  duct 
space. 

Ords.,  Art.  9.  Sec.  16..  723 
— City  Register,  payment  of 
collections  to. 

Ords.,  Art.  9,  Sec.  15..  723 
— collection  of  rentals  of 
ducts. 

Ords.,  Art.  9,  Sec.  14..  723 
— Comptroller,  monthly 

statement  of  collections 
to. 

Ords.,  Art.  9,  Sec.  15..  723 
— conditions,  rules,  etc  , of 
use  of  ducts. 

Ords.,  Art.  9,  Sec.  12..  722 
— duct  space  rates  of  rental. 

Ords.,  Art.  9,  Sec.  13....  722 
— lessees  of  space  to  give 
bond. 

Ords.,  Art.  9,  Sec.  16..  723 
— in  arrears,  removal  of 
wires,  proviso. 

Ords.,  Art.  9,  Sec.  14....  723 
— monthly  statement  of  col- 
lections. 

Ords.,  Art.  9,  Sec.  15..  723 
— notice  in  advance  of  rental 
due,  to  users  of  space. 

Ords.,  Art.  9,  Sec.  14..  723 
— rates  of  rental  of  ducts. 

Ords.,  Art.  9,  Sec.  13..  722 
— rental  of  ducts,  payment, 
conditions,  etc. 

Ords.,  Art.  9,  Sec.  12..  722 
— scale  of  rentals  for  con- 
duits. 

Ords.,  Art.  9,  Sec.  13..  722 

ELECTRICAL  COMMISSION 
AND  SUBWAYS, 

Unlawful  Tampering  with  Sub- 
way System, 

— conduits,  opening,  etc., 
without  permit  unlaw- 
ful. 

Ords.,  Art.  9,  Sec.  17....  724 


Page 

ELECTRICAL,  Etc.— (Cont’d). 

Unlawful  Tampering  with  Sub- 
way System, — (Cont’d). 

— fines  and  imprisonment 
for. 

Ords.,  Art.  9,  Sec.  18....  724 
— manholes,  permit  to  open 

required. 

Ords.,  Art.  9,  Sec.  17....  724 
— penalty  for  tampering  with, 
manholes  or  conduits. 

Ords.,  Art.  9,  Sec.  18....  724 
— permit  for  opening  man- 
holes, etc. 

Ords.,  Art.  9,  Sec.  17....  724 
— rules  and  regulations  gov- 
erning use  of  conduits. 

Ords.,  Art.  9,  Sec.  17...  724 

Fines  And  Penalties. 

— recovery  of  and  payment 
to  Comptroller. 

Ords.,  Art.  9,  Sec.  25....  727 

ELECTIONS, 

See  '‘'‘City  Council  and  '^'Pri- 
mary Elections.  ’ ’ 

City  Council,  first  branch. 

Acts,  Sec.  212 213 

ELECTRIC  LIGHT  POLES 
AND  WIRES, 

See  '"'‘Electrical  Commission 
and  Subways;''  ’ ‘ '"Poles, etc.  ’ ’ 
and  ‘ ‘ Wires  and  Wiring . ’ ’ 

ELECTRICIANS, 

See  ‘ 'Licenses;'  ’ ‘ 'Inspector  of 
Buildings  f sub- title, 
"Electrical  Apparatus  and 
Wiring,  ’ 'and  ‘ 'Installation 
of  Electrical  A pparatus  and 
Wiring. ' ' 

ELECTRICAL  WIRING. 

See  "'Licenses;''  "Inspector of 
Buildings,  ” s ub  - tit  le 
"Electrical  Apparatus  and 
Wiring,''  "Installation  of 
Electrical  A pparatus  and 
Wiring. ' ' 

ELEVATORS,  HOISTS  AND 
LIFTS, 

See  "Buildings,"  "Eleva- 
tors." 

Ords.,  Art.  3,  Secs.  55- 
74 618-626 

water  charges  for  hydraulic. 

Ords.,  Art.  41,  Sec.  57....1219 


EMPLOYES. 


ERRORS  IN  TAX. 


1395 


EMPLOYES, 

In  Public  Buildings, 


Page 


— salaries,  regulations  for, 
substitutes,  absence  of. 
Ords,,  Art,  28,  Secs.  2- 
5 1005-1006 


Of  Fire  Department, 

— appointment  of. 

Ords.,  Art.  11,  Sec.  4....  737 
— manual  force  of. 

Ords.,  Art.  11,  Sec.  2....  736 


Of  Markets, 

— salaries  and  duties. 

Ords.,  Art.  23,  Sec.  2....918 
919 


of  Quarantine  Hospital. 

Ords.,  Art.  14,  Sec.  160  846 
847 


EMPLOYES  AND  SUBORD- 
INATES, 

appointment  and  removal  of. 

Acts,  Sec.  28 107 

EMPLOYMENT  UNDER 
CITY, 

members  of  City  Council  not 
to  hold  other. 

Ords.,  Art.  1,  Sec.  18....  577 

ENCLOSURES  IN  STREETS, 

construction  of,  by  builders, 
police  regulations. 

Ords.,  Art.  25,  Sec.  74....  982 


Page 

ENOCH  PRATT  FREE  LI- 
BRARY, 

See  ''‘Pratt  Free  Library P 

Ords.,  Art.  26,  Secs.  1-5  998 

1001 


ENTERING  DOCKS, 

provisions  relating  to, 

Ords.,  Art.  13,  Sec.  33....  785 

ENTERING  JAIL, 

penalty  for  entering  without 


license. 

Acts,  Sec.  136 167 

ENTERING  UP  JUDGMENT, 

authority  of  clerk. 

note 264 


ENTICING  PURCHASERS 
FROM  STORES, 

penalty  for. 

Ords.,  Art.  25,  Sec.  94....  989 

ENTRY  OF  APPEARANCE, 

appearance  to  be  entered  after 
summons. 

Acts,  Sec.  307 263 

ENTRY  OF  JUDGMENT, 

See  "Courts — Law  Courts  oj 
Baltimore  City." 

ENOCH  PRATT  FREE  LIB- 
RARY, 


ENGINE  HOUSES,  LAMPS 
IN  FRONT  OF, 

Superintendent  of  Lamps  and 
Lighting,  to  light. 

Ords.,  Art.  11,  Sec.  43....  751 

ENGINEERS,  BOARD  OF 
EXAMINING, 

See  "Examining  Engi- 
neers." 

ENGINES,  STEAM,  GAS, 

GASOLINE  AND  MACHIN- 
ERY, 

See  "‘Inspector  of  Build- 
ings;' ’ sub-title'  'Steam,  Gas 
and  Gasoline  Engines  and 
Machinery.  ’ ’ 

Ords.,  Art. — Secs. 138-149 

652-657 


See  "Ptatt  Free  Library." 

ERECTION  OF  STEAM 
BOILERS, 

permission  of  city  required. 

Acts,  Sec.  585 354 

ERRONEOUS  ASSESS- 
MENTS, 

See  "Appeals  from  Assess-- 
ments"  and  "Appeal  Tax 
Court.  ’ ’ 

Acts,  Sec.  170 186 

ERRORS  IN  TAX  ASSESS- 
MENTS, 

refund  for. 

Ords.,  Art.  38,  Sec.  5....1156 
1157 


ESCAPED  PROPERTY. 


1396  EXAMINER  OF  TITEES. 


ESCAPED  PROPERTY, 


Page 


EUTAW  SQUARE, 


Page 


See  '‘'‘Assessments  of  Prop- 
erty. ’ ’ 


188 


extension  of  parking  on. 

Acts,  Sec.  6 70 

EVIDENCE, 


ESPLANADES,  B O U L E - 
YARDS,  ETC, 

condemnation  of  property  for. 


Acts,  Sec.  6 49 

condemnation  proceedings. 

Acts,  Sec.  6 49 

— appeals  in. 

Acts,  Sec.  6 49 

— notice,  etc. 

Acts,  Sec.  6 49 

— purposes  for  which  they 
may  be  instituted. 

Acts,  Sec.  6 49 


ESTIMATES  FOR  ANNUAL 
APPROPRIATIONS, 

See  "‘Board  of  Estimates. 

Acts,  Sec.  36 115 


docket  entries  and  original 
papers  sufficient  in  pending 
suits. 

Acts.  Sec.  388 293-294 

Master  Electrician’s  license 
as. 

Acts,  Sec.  §663g 403 

ordinances,  printed  volumes 
of,  as. 

Acts,  Sec.  219 216 

proceedings  in  sewer  open- 

ings, virtue  as. 

Ords.,  Art.  33,  Sec.  9....1068 

EVIDENCE  OF  CLAIM, 

See  " Courts— Law  Courts  of 
Baltimore  CityP  sub-title 
‘ 'Speedy  Judgment  Act.  ’ ’ 


ESTIMATES  FOR  NEW 
IMPROVEMENTS, 

See  "Board  of  Estimates.''' 

Acts,  Sec.  36 114 

ESTABLISHMENT  OF 
GRADE  LINES, 

See  "Streets  a?id  City  Engi- 
neer f "Streets.,  Bridges 
and  Highways''''  and  "Sur- 
veyor. ’ ’ 


general  powers  of  city. 

Acts,  Sec.  6 74 

EUTAW  PLACE, 

conditions  of  acceptance  of 
bed  of  by  city. 

Acts,  Sec.  836 527 

tracks  on  bed  of  prohibited. 

Acts,  Sec.  836 527 

— cross  streets  not  prohibited. 

Acts,  Sec.  837 527 


EUTAW  PLACE,  EXTEND- 
ED, 

car  tracks  on,  prohibited, 
proviso. 

Acts,  Secs.  836-837 


EXAMINATION  OF 
BOILERS, 

See  "Steam  Boilers.'''' 

EXAMINATION  OF  CANDI- 
DATES  FOR  FIREMEN, 

See  ‘ 'Fire  Department  ^ ’ ’ 
"Examining  Board  of.'''' 

Ords.,  Art.  11,  Sec.  21 744 

EX  AMININ  ATION  OF 
TITLES, 

See  "City  Solicitor  ” 

Acts,  Sec.  62 134 

Ords.,  Art.  5,  Secs.  1-3  695 
696 

EXAMINATIONS, 

candidates  for  teachers. 

Acts,  Sec.  101 155 

EXAMINATIONS  FOR 
POLICE, 

See  "Police  Examiners.''' 

EXAMINER  OF  TITLES, 

See  ' ' City  Solicitor.  ’ ’ 
assistant  City  Solicitor  to  act 

Ords.,  Art.  5,  Secs.  1-3  695 
696 


527 


EXECUTIONS. 


EXAMINING  ENGINEERS.  1397 


Page 

EXAMINING  ENGINEERS, 

Board  Of  Examining  Engi- 


neers, 

— accounts  of. 

Acts,  Sec.  430 301 

— appointment. 

Acts,  Sec.  426 298 

— authority  and  powers. 

Acts,  Sec.  429 301 

— bond. 

Acts,  Sec.  426 298 

— certificate  book. 

Acts,  Sec.  430 301 

— certificate  framed  and  dis- 
played. 

Acts,  Sec.  428 300 

— certificate  of  proficiency. 

Acts,  Sec.  427 298 

— certificates,  grades  of. 

Acts,  Sec.  427 299 

— charges  against  Engi- 

neers. 

Acts,  Sec.  428 300 

— clerk  to  board,  salary. 

Acts,  Sec.  429 301 

— Comptroller  of  State 

Treasury  to  inspect  cer- 
tificate book,  accounting 
to. 

Acts,  Sec.  430 301 

— duties  of  Board. 

Acts,  Sec.  427 298 

— Engineers  must  liave  cer- 
tificates. 

Acts,  Sec.  428 299 

— examination  of  applicants. 

Acts,  Sec.  429 300 

— examinations,  advertise- 
ment of. 

Acts,  Sec.  426 298 

— exemptions. 

Acts,  Sec.  428 299 

— expenses,  vouchers  for. 

Acts,  Sec.  430 301 

— excess  of  fees  over  ex- 
penses. 

Acts.  Sec.  430  301 

— fees  for  certificates  and 
renewals. 

Acts,  Sec.  427 298 

— fees  in  lieu  of  appropria- 
tion. 

Acts,  Sec.  430 301 

— first  grade  certificate. 

Acts,  Sec.  427 299 

— inspection  of  plants. 

Acts,  Sec.  429 300 

— locomotives,  etc.,  engi- 
neers, exemption  of. 

Acts,  Sec.  428 300 


EXAMINING  ENG’R.— (Cont’d).^^ 


Board  Of  Examining  Engi- 
neers.— (Cont’d). 

— meetings  of  Board. 

Acts,  Sec.  429 300 

— note 299 

— notice  of  holding  examina- 
tions. 

Acts,  Sec.  426 298 

— oath  of  office. 

Acts,  Sec.  426 298 

— office. 

Acts,  Sec.  426 298 

— penalty  for  neglect  to  get 
certificate. 

Acts,  Sec.  428 300 

— penalty  for  obstructing 
Board. 

Acts,  Sec.  429 301 

— qualifications  for  Board. 

Acts,  Sec.  426 298 

— quarterly  accounts. 

Acts,  Sec.  430 301 

— renewal  of  certificates. 

Acts,  Sec.  427 298 

— salaries. 

Acts,  Sec.  430 301 

— Secretary,  salary. 

Acts,  Sec.  430 301 

— State  Board  of  Boiler  In- 
spectors, report  to. 

Acts,  Sec.  429 300 

— stationary  engineers  all 
require  certificates. 

Acts,  Sec.  428 299 

— substitute  engineers. 

Acts,  Sec  427 299 

— term  of  certificate,  proviso. 

Acts,  Sec.  427 299 

— third  grade  certificate. 

Acts,  Sec.  427 299 


EXCHANGE,  BILLS  OF, 

See  ‘ ^ Bills  of  Exchange  and 
Promissory  Notes." 

EXCHANGE  STABLES, 

regulations  for  cows  in. 

Ords.,  Art.  14,  Sec.  38....  808 

EXECUTIONS, 

See  "Mortgages."  "Special 
Police  Fund." 


bail  recognizance,  forfeiture  of. 

Acts,  Sec.  §278e 248 


issue  of  for  officer’s  fees. 

Actc,  Sec.  384 292 

officers  for  whose  fees  sheriff 
may  execute. 

Acts,  Sec.  385 292-293 


EXECUTION,  WRIT  OF.  1398  EXTENSION  OF  GRANT. 


Page 

EXECUTION,  WRIT  OF, 

when  J,  P.  shall  issue. 


Acts,  Sec.  626 377 

EXECUTIVE  DEPART- 
MENTS, 

wherein  vested. 

Acts,  Sec.  31 109-110 

executive  power,  wherein 
vested. 

Acts,  Sec.  31 108 

list  of. 

109 


Mayor’s  chief  Executive  offi- 
cer. 

Acts,  Sec.  31 108 

EXECUTORS  AND  ADMIN- 
ISTRATORS, 

assessment  of  property  in 


hands  of. 

Acts,  Sec.  168 183 

EXEMPTION  FROM  CIVIL 
PROCESS, 

note 263 


EXEMPTIONS  FROM  TAX- 
ATION, 

manufacturing  tools,  etc. 

Ords.,  Art.  38,  Secs.  7- 
9 1157-1159 

property  exempted. 

Acts,  Sec.  6 84 

EXITS  OF  BUILDINGS, 

when  to  be  kept  open,  reg- 
ulation of,  penalty. 

Acts,  Sec.  280 252 

EXPECTORATION, 

See  ‘ ‘ Health  '‘''and  “ Nui- 

sances.'' 

Ords.,  Art.  14,  Sec.  101..  828 

EXPENSES, 

Burnt  District  Commission, 
appropriations  for. 

App.  A,  Sec.  29 1257-1258 

payment  of. 

App.  A,  Sec,  22 1253-1254 


Page 

EXPENSES, 

City  Council — {See  ^'‘City 
Council. ' ' ) 

city  government,  levy  for  ex- 


penses of. 

Acts,  Sec.  6 84 

communicable  diseases,  pre- 
cautionary measures. 

App.  B,  Sec.  5 1268 


grading,  paving,  etc. , assess- 
ments for,  deficit  and  ex- 
cess of. 

Ords..  Art.  35,  Secs.  99, 


100 1130 

police  department. 

Acts,  Sec.  747 459 

primary  elections,  cost  of. 

App.  C.  Sec.  1 1272 


removal  of  nuisances — col- 
lection of  expenses. 

Ords.,  Art.  14,  Sec.  89....  824 
— sale  of  property  to. 

Ords.,  Art.  14,  Sec.  90....  824 
825 

sewers — assessment  of  ex- 
penses. 

Ords.,  Art.  33,  Sec.  6....1063 

EXPLOSIVES,  ETC. 

manufacture^prohibited,  pen- 
alty. 

Ords.,  Art.  11,  Sec.  69....  759 

storage  of — tin  sign  on  build- 
ing required. 

Ords.,  Art.  11,  Sec.  71....  760 

transportation  and  storage  of, 
permit  for,  penalty. 

Ords.,  Art.  11,  Sec.  70....  759 

EXPOSING  MUSEUMS  OF 
ANATOMY. 

penalty,  police  regulations. 

Ords.,  Art.  25,  Sec.  62....  977 
978 

EXPRESS  WAGONS, 

See  **  Vehicles." 

EXTENSIONS  OF  GRANTS 
AND  FRANCHISES, 

See  "Franchises." 

Acts,  Sec.  12.. 


97 


FEES. 


EXTENSION  OF  WHARVES.  1399 


Page 

EXTENSION  OF  WHARVES, 

prohibited  without  permit, 
penalty. 

Ords.,  Art.  13,  Sec.  11....  776 

EXTRA  COMPENSATION, 

See  ^''Justices  of  the  Peace-f 
‘ ^Police  Commissioners . ’ ’ 

contractors  with  city  not  to  be 
granted  or  allowed,  excep- 
tion where  loss  to  contrac- 
tor is  caused  by  city  or  its 
agents. 

Ords.,  Art.  1,  Sec.  41....  584 

not  to  be  granted  to  officers 
or  agents  of  city,  exception 
when  duties  are  increased. 

Ords.,  Art.  1,  Sec.  40....  584 

EXTORTIONATE  CHARGES, 

See  ‘ 'Hackney  Carriages  and 
Coaches.  ’ ’ 

FALSE  ALARM  OF  FIRE, 

See  ‘ 'Fire  Department.  ’ ’ 
penalty  for. 

Ords.,  Art.  11,  Sec.  50....  753 
754 

reward  for  persons  giving. 

Ords.,  Art.  11,  Sec.  51....  754 


FALSE  WEIGHTS  A N D 
MEASURES, 

seizure  and  sale  of. 

Ords.,  Art.  17,  Sec.  21....  883 

FAMILIES  OF  POLICEMEN, 

See  "Police  Commissioners." 

FANCY  BALLS, 

licenses  for;  cost  of  licences. 

Ords.,  Art.  41,  Sec.  12....1199 

FARES  ON  STREET  RAIL- 
WAYS, 

See  "Railroads  and  Rail- 
ways. ’ ’ 


Page 

FARM  PRODUCTS, 

See  "Peas  and  Beans"  and 
' 'Barrels.  ’ ’ 

exempt  from  licenses,  when 
sold  by  farmers. 

Ords.,  Art.  41,  Sec.  14 

1200-1201 

FARM  SCHOOL,  Mc- 

DONOGH  INSTITUTE, 

investment  of  funds  of. 

Ords.,  Art.  22,  Sec.  5....  910 

FARMERS, 

sale  of  meat  in  markets  by 
permitted;  proviso. 

Ords.,  Art.  23,  Sec.  29....  928 

— produce  by. 

Ords.,  Art.  23,  Sec.  24..  927 

FARMERS  IN  MARKETS, 

sales  by,  {See  "Markets."') 

FAYETTE  STREET, 

vehicles;  stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  39 693 

FEE  SIMPLE  INTEREST, 

distinguished  from  leasehold 
in  sewer  condemnations. 

Ords.,  Art.  33,  Sec.  17..1071 

FEES, 

additional,  to  State’s  Attorney 
in  extraordinary  cases. 

Acts,  Sec.  438 304 

attachment,  arrest,  etc.,  {See 
"Sheriff.") 

city  not  to  pay  fees  to  any 
Justice  of  the  Peace,  police 
officer  or  constable. 

Acts,  Sec.  639 383 

City  Register — collection  of 
and  accounting  by. 

Ords.,  Art.  6,  Sec.  27....  707 

distraint  or  execution  for; 
notice  of  distress  or  execu- 
tion to  be  given. 

Acts,  Sec.  386 293 

examining  engineers,  dispo- 
sition of. 

Acts,  Sec.  430. 


301 


FKES. 


FERRIES. 


1400 


Page 

FEES. — (Cont’d) . 

Harbor  Master’s,  from  foreign 
vessels,  {See  '‘'Harbor^ 
Docks  and  Wharves.^''') 313 

inspections,  etc. 

{See  ‘ '‘Steam  Boilers.  ’ ’ ) 

keepers  of  standards  of 
weights  and  measures;  com- 
pensation of. 

Ords.,  Art.  17,  Sec.  16....  881 

Licenses, 

carriage,  etc.,  licenses. 

Ords.,  Art.  41,  Sec.  80..1226 
— market  stalls,  charge  for. 

Ords.,  Art.  23,  Sec.  17....  924 

removed  cases,  fee  of  State’s 
Attorney. 

Acts,  Sec.  349 280 

Sheriff  may  execute  for. 

Acts,  Secs.  384,  385....292-293 

Superintendent  of  Lamps  and 
Lighting  to  pay  to  Comp- 
troller. 

Acts,  Sec.  204 208 

Tuition, 

■See  ‘ '‘Schools'  ’ sub-title  ‘ ‘ Tui- 
tion. 

Ords., Art. 32.  Secs.  33-34 

1054-6 

Warden  of  Jail  to  account  for. 

Acts,  Sec.  133 166 

FELLS  POINT  MARKET, 

See  '‘'‘Markets." 

Ords.,  Art.  23,  Sec.  27....  928 

provisions  relating  to. 

Ords.,  Art.  23,  Secs.  78-85 

942-944 

FELONIES  AND  MISDE- 
MEANORS, 


bail  in. 

Acts,  Sec.  §278h 249 

Fire  Department,  injury  to 
apparatus  of. 

Acts,  Sec.  446 308 


FEMALE  HOUSE  OF 
REFUGE, 

See  '‘'’Houses  of  Refuge  and 
Reformation.  ’ ’ 


Page 

FEMALE  NOTARIES  PUB- 
LIC, 

See  ‘ 'Notaries  Public.  ’ ’ 

FENDERS  ON  CARS, 

passenger  railways  to  provide. 

Acts,  Sec.  6 66 

FERRIES, 

Broadway  and  Locust  Point 


Steam  Ferry  Company, 

— agricultural  products, 
landing  of. 

Acts,  Sec.  431 302 

— boats,  requirements  for, 
schedule  of. 

Acts,  Sec.  435 303 

— boats,  landing  for. 

Acts,  Sec.  432 302 

— Broadway,  wharf  at  foot  of, 
erect  gates,  etc. 

Acts,  Sec.  434 303 

— buildings,  authority  to 
erect. 

Acts,  Sec.  431 302 

— charges,  tariff  of. 

Acts,  Sec.  436 303 

— “county”  wharf,  use  of. 

Acts,  Sec.  431 302 

— fare,  rates  of. 

Acts,  Sec.  436 303 

— firemen  on  duty  pass  free. 

Acts,  Sec.  437 304 

— fruits,  landing  of. 

Acts,  Sec.  431 302 

— funerals  pass  free. 

Acts,  Sec.  437 304 

— gates  and  ticket  houses, 
erect. 

Acts,  Sec.  434 303 

— Haubert  street  wharf  ex- 
clusive use. 

Acts,  Sec.  432 302 

— hold,  lease,  rent,  sell,  etc., 
land. 

Acts,  Sec.  431 302 

— incorporation  of. 

Acts,  Sec.  431 302 

— policemen  pass  free. 

Acts,  Sec.  437 304 

—powers. 

Acts,  Sec.  431 302 

— rates  of  fare. 

Acts,  Sec.  436 303 

— right  of  way  at  wharves. 

Acts,  Sec.  431 302 

— schedule  of  runs  of  boats, 
proviso. 

Acts,  Sec.  435 303 


FERRY  BOATS. 


1401  FINES  AND  FORFEITURES. 


Page 

FERRIES.— (Cont’d). 

Broadway  and  Locust  Point 


Steam  Ferry  Co., — (Cont’d). 

— tariff  of  charges. 

Acts,  Sec.  436  •. 303 

— ticket  houses  and  gates, 
erection  of. 

Acts,  Sec.  434  303 

— vegetables,  landing  of. 

Acts,  Sec.  431  302 

— wharves,  erection  of. 

Acts,  Sec.  431 302 

— wharves,  penalty  for  use 
by  others. 

Acts,  Sec.  433 303 

FERRY  BOATS, 

See  ‘ ‘ Thieves  and  Pickpock- 
ets. ’ ’ 


FINANCE, 

See  '^^Commissioners  of  Fi- 
nance" and  "Stocks,  Loans 
and  Finance.  ’ ’ 

board  of— (.SI?*?  Board  of  Fi- 
nance.''^ 

department  of — (^See  "City 
Collector"  and  "Commis- 
sioners of  Finance.  ’ ’ ) 

City  Collector,  head  of  fifth 
sub-department  of. 


Acts,  Sec.  42 122 

composition  of  Acts,  Sec.  32....  109 

officials  constituting  same. 

Acts,  Sec.  32 110 

FINANCE,  STOCKS  LOANS 
AND, 


See  "Stocks,  Loans  and  Fi- 
nance. ’ ’ 

FINES  AND  IMPRISON- 
MENTS, 

limits  of,  defined. 

Acts,  Sec.  6 94 

FINES,  FORFEITURES  AND 
PENALTIES, 

See  under  particular  heads  re- 
lating to  the  various  offi- 
cials, departments  and  mat- 
ters of  mu7iicipal  interest. 

absent  members  of  City  Coun- 
cil; collection  of  fines  from. 

Ords.,  Art.  1,  Sec.  15.  ..  576 


Page 

FINES,  Etc.-(Cont’d). 
action  for  recovery,  any  city 
officer  to  bring. 

Ords.,  Art.  10,  Sec.  1....  729 

aliens,  landing  within  fifty 
miles  of  city. 

Acts,  Sec.  525 335 

ambulances,  obstructing  or 


hindering. 

Ords.,  Art.  16,  Sec.  15....  873 

arrest  of  offenders. 

Acts,  Sec.  444 306 

assault  and  battery. 

Acts,  Sec.  229 231 

assaulting  firemen,  penalty. 

Acts,  Sec.  447 308 

blasting  without  permit. 

Ords.,  Art.  11,  Sec.  73....  760 


Board  of  Park  Commissioners, 
power  to  impose. 

Acts,  Sec.  92 149 

city  receives  one-half. 

Acts,  Sec.  438 304 

costs  of  prosecution  not  to  be 
remitted. 

Ords.,  Art.  6,  Sec.  6 730 

criminal  offence  defined. 

Acts.  Sec.  444.... 306 

destroying  property  mali- 
ciously. 

Acts,  Sec.  491 297 

dispensaries  to  receive  fines — 
from  keepers  of  houses  of 
ill -fame. 

Acts,  Sec.  439 305 

— requirements  for. 

Acts,  Sec.  440 305 

— to  report  number  of  pa- 
tients, etc. 

Acts,  Sec.  440 305 

driving  cattle,  etc. , in  streets, 
police  regulations. 

Ords.,  Art.  25,  Secs. 
11-31  964-69 

fees  for  recovery  of  forbidden. 

Acts,  Sec.  639 384 

firearms  and  pistols,  police 
regulattons. 

Ords.,  Art.  25,  Secs. 
78-85  985-7 


FINES  AND  FORFEITURES.  1402  FINES  AND  FORFEITURES. 


Page 

FINES,  Etc.— (Confd). 

fish,  sales  under  weight. 

Acts,  Sec.  457 311 

gasoline,  fire  precautions, 
violations. 

Ords.,  Art.  11,  Sec.  79....  764 

gunpowder,  carriage  through 
city. 

Ords.,  Art.  11,  Sec.  80..  764 

— storage  of. 

Ords.,  Art.  11,  Sec.  81....  765 

Grand  Jury,  clerk  to,  oath  of 
secrecy. 

Acts,  Sec.  604D 363 

Health  Department  badges, 
penalty  for  unauthorized  use. 

Ords.,  Art.  14,  Sec.  8 798 

hospitals  treating  city’s  in- 
sane— delinquency  of. 

Ords.,  Art.  16,  Sec.  13....  873 
— violations  thereunder. 

Ords.,  Art.  16,  Sec.  16....  873 


houses  of  ill-fame,  disposition 
of  fines  from  keepers  of. 

Acts,  Sec.  439 305 

immigrant  paupers,  failure  of 
owners  of  vessels  to  give 
bond  for. 

Acts,  Sec.  520 333 

imprisonment  when  fines  and 
costs  not  paid,  terms  of. 

Acts,  Sec.  443 306 

indictment  for  violation  of 
provisions  of  Acts  of  Assem- 
bly or  ordinance. 

Acts,  Sec.  444 307 

informers,  rights  of,  unaffect- 
ed. 

Acts,  Sec.  438 304 

— to  get  no  part  of. 

Ords.,  Art.  10,  Sec.  4 730 


insane  asylums,  locating  in 
city. 

Ords.,  Art.  16,  Sec.  3 869 

jail  sentence,  appropriation 
for  remission. 

Ords.,  Art.  10,  Sec.  7 731 

— Mayor  may  remit  with 

Ords.,  Art.  10,  Sec.  7 731 


Page 


FINES,  Etc.— (Cont’d). 
jurors — absence  from  duty. 

Acts,  Sec.  611 369 

— dereliction  of  duty  in  re- 
lation to, 

Acts,  Sec.  620 373 

— fraud  in  drawing. 

Acts,  Sec.  614 371 

— sheriff’s  liability  for  fraud, 

Acts,  Sec.  616 371 

Justices  of  the  Peace,  account- 
ing by  for  same. 

Acts,  Secs,  643,  644 385 

— ^affidavit  when  no  collec- 
tions by. 

Acts,  Sec.  645 386 

— excessive  fees  extorted  by. 

Acts,  Sec.  656 390 

— may  impose  same. 

Acts,  Sec.  633 381 


— Mayor  to  present  delin- 
quent Justices  to  grand 
jury. 

Ords.,  Art.  10,  Sec.  2 729 

— return  of  fines  to  State 
Treasurer. 

Acts,  Sec.  475 316 

larceny,  sales  of  goods  by 
children,  false  certifying  by 
parent. 

Acts,  Sec.  §656b 391 

licenses,  billiards,  unlicensed 
tables. 

Acts,  Sec.  659 396 

— horse  dealers,  unlicensed, 
proviso. 

Acts,  Sec.  662 397-8 

— ^liquor,  sales  without  li- 
cense. 

Acts,  Sec.  684 417-18 

“ “ 688 419-20 

— liquors,  violations  of  li- 
cense requirements. 

Acts,  Sec.  685 418 

— pawnbrokers,  violations  of 
provisions  for. 

Act,  Sec.  692 422-3 

Acts,  Sec.  693 423 

— recovery  when  imposed 
hereunder. 

Ords.,  Art.  41,  Sec.  86....1228 

liquor  in  City  Jail,  penalty. 

Acts,  Sec.  135 166 

markets,  fees,  illegal  collec- 
tion of. 

Acts,  Sec.  708. 


.430-31 


FINES  AND  FORFEITURES.  1403  FINES  AND  FORFEITURES. 


Page 

FINES,  Etc.— (Cont’d). 
masters  of  vessels  arriving 
with  aliens,  failure  to  re- 
port to  Mayor. 

Acts,  Sec.  519 333 

matches,  etc.,  near  inflamma- 
ble stores  on  wharves,  etc. 

Ords.,  Art.  11,  Sec.  65....  757 

midwives,  homes,  etc.,  board- 
ing infants  without  license. 
Acts,  Sec.  §493i 324 

money  due  city,  presentment 
to  grand  jury  for  withhold- 
ing same. 

Ords.,  Art.  10,  Sec.  2 729 

non-pros,  informer  liable  for 
costs. 

Ords.,  Art.  10,  Sec.  3 730 

note,  case  cited 729 

Oils, 

manufacture  of. 

Ords.,  Art.  11,  Sec.  84....  766 
— ^manufacture  and  storage 
of,  recovery  of. 

Ords.,  Art.  11,  Sec.  88....  767 
— storage  of,  sale  of,  restric- 
tions. 

Ords.,  Art.  11,  Sec.  87....  766 
— unlawful  sale  of. 

Acts,  Secs.  451,  453,  455 

310,  311 

oysters,  sales  without  measur- 


ing. 

Acts,  Sec.  735 443 

pollution  of  w^ater ; fines  re- 
coverable in  Baltimore 
County  and  City  and  one- 
half  to  go  to  informer. 

Acts,  Sec.  905 564 

Pratt  street  wharf,  penalty 
for  landing  wood  on. 

Acts,  Sec.  473 316 

railroads,  coupon  tickets, 
stop-over,  etc. 

Acts,  Sec.  §792d 490 

— hours  of  labor. 

Acts,  Sec.  795 491 

— safety  gates  at  grade  cross- 
ings. 

Acts,  Sec.  792 489 

real  estate  brokers,  failure  to 
procure  license. 

Acts,  Sec.  696 425 


Page 

FINES,  Etc.— (Cont’d). 
remitted  fines ; list  to  City 
Register ; proviso. 

Ords. , Art.  10,  Sec.  6 730 

report  of  dispensaries  receiv- 
ing fines. 


Acts,  Sec.  440 305 

seats  for  female  employes, 
penalty  for  failure  to  pro- 
vide. 

Acts,  Sec.  506 325 

security  for  fines  and  costs 
not  allowed. 

Acts,  Sec.  443 305 

sentence  on  conviction  in 
criminal  cases. 

Acts,  Sec.  444 307 


shavings,  deposit  of  and 
burning. 

Ords.,  Art.  11,  Sec.  66....  758" 

sheriff  liable  on  bond  for  pay- 
ment of  monies  collected. 


Acts,  Sec.  442 305 

State’s  Attorney  of  city  ; ad- 
ditional fees  from. 

Acts,  Sec.  438 304 

steam  boilers ; violation  of  in- 
spection laws. 

Acts,  Sec.  589 355 

stevedores,  failure  to  take 
out  license. 

Acts,  Sec.  §700a 427 


storage  and  transportation  of 
explosives. 

Ords.,  Art.  11,  Sec.  70....  759 


storing  explosives,  tin  sign 
on  door. 

Ords.,  Art.  11,  Sec.  71....  760 

suits  for  recovery  of. 

Ords.,  Art.  10,  Sec.  1 729 

superseded  judgments  for, 
collection  after  expiration 
of  stay. 

Ords.,  Art.  10,  Sec.  5 730 

— officer  serving  summons 
to  file  copy  with  City 
Register,  penalty. 

Ords.,  Art.  10,  Sec.  5 730 


FIRE. 


FIRE  DEPARTMENT. 


1404 


Page 

FINES,  Etc.— (Cont’d). 
unclaimed  fines,  payable  to 
city. 

Acts,  Sec.  441 305 

wood — unlawful  sale  of. 

Acts,  Secs.  596,  597,  598..  358 

FIRE, 

See  ‘ 'Fire  Department'  ’ and 
"‘Fire  Regulations." 

alarms — police  to  turn  in. 

Ords.,  Art.  11,  Sec.  47....  752 

general  powers. 

Acts,  Sec.  6 50 

police  regulations. 

Ords.,  Art.  25,  Sec.  32- 
35 969-70 

Veteran  Volunteer  Firemen’s 
Association. 

Acts,  Sec.  448 309 

FIRE  ALARM  AND  POLICE 
TELEGRAPH, 

See  "Police  Commissioners." 

FIRE  ALARM  TELEGRAPH, 

See  "Fire  Department" 

FIREARMS  AND  PISTOLS, 

See  ‘ '‘Pistols  and  Firearms.  ’ ’ 

FIRECRACKERS, 

sales  prohibited,  penalty. 

Ords.,  Art.  11,  Sec.  58....  756 

FIRE  COMMISSIONERS, 

BOARD  OF, 

See  "Fire  Department  " 
sub-title  ‘ '‘Board  of  Fire 
Commisioners . ’ ’ 

FIRE  DEPARTMENT, 

Board  of  Fire  Commissioners. 

— additional  apparatus  and 
equipinent  provison  for. 
Ords.,  Art.  11,  Sec.  14,  741 
— annual  report,  meetings, 
accounts. 

Ords.,  Art.  11,  Sec.  5,  737 
— apparatus  and  equipment 
of  department. 

Ords.  Art.  11,  Sec.  14,  741 
— penalty  for  injury  to. 

Acts,  Sec.  446, 308 


Page 

FIRE  DEPT.— (Cont’d). 

Board  of  Fire  Com. — (Cont’d). 
— appointment,  authority, 
duites;  salaries. 

Acts,  Sec.  69, 137 

— of  employes,  removal 
of,  etc. 

Ords.,  Art.  11,  Sec.  4,  737 
— appropriation  for  pensions 
and  relief  of  widows  and 
children  of  firemen. 

Acts,  Sec.  445, 307 

— not  to  be  exceeded. 

Ords.,  Art.  11,  Sec.  8,  738 
—assaulting  firemen,  penal- 
ty. 

Acts,  Sec.  447, 308 

— authority  at  fires,  full  con- 
trol of  persons  and  prop- 
erty. 

Ords.,  Art.  11,  wSec.  6,  738 
— badges  of  newspaper  rep- 
resentatives, control  of. 
Ords.,  Art.  25,  Sec.  63,  978 
— benefit  payment  to  family 
of  members  killed  on 
duty. 

Ords.,  Art.  11,  Sec.  11,  739 
— burning  shavings  on  vac- 
ant lots. 

Ords.,  Art.  11,  Sec.  66,  758 
— care  of  members  during 
illness. 

Ords.,  Art.  11,  Sec.  9.  739 
— C.  & P.  Telephone  Com- 
pany, conduits  of  space 
in  for  fire  alarms  and 
police  patrol  wires. 

Ords.,  Art.  9,  Sec.  22,  727 
— city  council  to  inspect 
books  and  accounts. 

Ords.,  Art.  11,  Sec.  5,  737 
— clerk  and  assistant  clerk 
to  board,  appointment. 

Ords.,  Art.  11,  Sec.  1,....  735 
— death  of  members  on  duty, 
payment  to  family. 

Ords.,  Art.  11,  Sec.  11,  739 
— disability  of  member,  cer- 
tificate of,  no  deduction  of 
salary  when  presented. 

Ords.,  Art.  11,  Sec.  9,  739 
— duties  and  powers  during 
fires. 

Ords.,  Art.  11,  Sec.  6,  737 
— Electrical  Commission, 
president,  member  of,  ex- 
officio. 

Ords.,  Art.  9,  Sec.  1,  718 


FIRE  DEPARTMENT. 


FIRE  DEPARTMENT. 


1405 


Pag^e 

FIRE  DEPT.— (Cont’d). 

Board  of  Fire  Com. — (Cont’d). 
— employes,  appointment,  re- 
moval. 

Ords,,  Art.  11,  Sec.  4,  737 
—not  to  act  as  election  offi- 
cers. 

Ords.,  Art.  11,  Sec.  4,  737 
— ex penditures  and  pur- 
chases, authority  to  make. 
Ords.,  Art.  11,  Sec.  8,  738 
— ferries;  firemen  and  appara- 
tus to  pass  free  wheh  on 
duty. 

Acts.  Sec.  437, 304 

— fire  escapes  approval  of. 

Ords.,  Art.  3.  Sec.  85....  629 
— firemen,  number  of,  on 
manual  force. 

Ords.,  Art.  11,  Sec.  2,  735 
— firemen,  retirement  when 
disabled. 

Acts,  Sec.  70 137 

— funeral  expenses  of  mem- 
bers without  families, 
payment  of. 

Ords.,  Art.  11,  Sec.  11,  739 
— illness  of  firemen,  no  de- 
duction of  salary  for  cer- 
tificate of  disability. 

Ords.,  Art.  11,  Sec.  9,  739 
— injury  on  duty,  no  deduc- 
tion of  pay  for  disability 
from. 

Ords.,  Art.  11,  Sec.  10.  739 
— benefit  insurance, 

board  to  effect  on  fire- 
men. 

Ords.,  Art.  11,  Sec.  12,  740 
— of  substitute  firemen  on 
duty. 

Ords.,  Art.  11,  Sec.  13,  740 
— insurance  on  lives  of  fire- 
men, board  to  effect. 

Ords.,  Art.  11,  Sec.  12,  740 
— meetings,  accounts  and  an- 
nual reports. 

Ords.,  Art.  11,  Sec.  5,  737 
— membership  and  personnel 
of  department. 

. Ords.,  Art.  11,  Sec.  2,  735 
— members,  salaries  of. 

Ords.,  Art.  11,  Sec.  3,  736 
— not  to  act  as  election 
o fficers.  t 

Ords.,  At.  11,  Sec.  7,  737 
— Municipal  Telephone  Ex- 
change. 

Ords.,  Art.  11,  Sec.  44,  751 
note  to  Sec.  4, 735 


Page 

FIRE  DEPT.— (Cont’d). 

Board  of  Fire  Com. — (Cont’d). 

— obstructing  wagons  of  sal- 
vage corps,  penalty. 

Ords.,  Art.  11,  Sec.  46,  752 
—operators  of  Municipal  Tele- 
phone Exchange  appoint- 
ment. 

Ords.,  Art.  11,  Sec.  44,  751 
— ordinances  relating  to  Fire 
Department,  chronologi- 
cal list  of 735 

— penalty  for  depositing  shav- 
ings on  vacant  lots. 

Ords.,  Art.  11,  Sec.  66,  758  • 
— penalty  for  obstructing  sal- 
vage corps. 

Ords.,  Art.  11,  Sec.  46,  752 
— pension  and  relief  of  widows 
and  children.  • 

Acts,  Sec.  70, 138 

Acts,  Sec.  445 307 

— personnel  .of  department. 

Ords.,  Art.  11,  Sec.  2,  735 
— posting  copies  of  rules  of 
department  in  engine 
houses  etc. 

Ords.,  Art.  11,  Sec.  7,  738 
— powers  and  duties  during 
fires,  proviso. 

Ords.,  Art.  11,  Sec.  6,  738 
— proceedings,  meetings,  ac- 
counts, 

Ords.,  Art.  11,  Sec.  5,  737 
— property  of  department,  to 
control. 

Ords.,  Art.  11,  Sec.  8,  738 
—public  safety,  sub-depart- 
ment of. 

Acts,  Sec.  69 137 

— removal  of  employes. 

Ords.,  Art.  11,  Sec.  4,  737 
— report,  annual,  of  expendi- 
tures, etc.,  copies  of  for 
Mayor  and  City  Council. 

Ords.,  Art.  11,  Sec.  5,  737 
— reserve  equipment,  to  pro- 
vide as  authorized. 

Ords.,  Art.  11,  Sec.  14,  741 
— rules  of  department,  to  pre- 
pare and  post. 

Ords.,  Art.  11,  Sec.  7,  738 
— salaries  of  firemen,  no  de- 
duction for  sickness,  cer- 
tificate of  disability. 

Ords.,  Art.  11,  Sec.  9,  739 
— to  continue  during 

disability  received  on  duty 

Ords.,  Art.  11,  Sec.  10,  739 


FIRE  DEPARTMENT. 


FIRE  DEPARTMENT. 


1406 


Page 

FIRE  DEPT.— (ConPd). 

Board  of  Fire  Com. — (Cont’d). 
— salvage  corps,  right  of  way 
to  fires. 

Ords.,  Art.  11,  Sec.  45,  752 
— shavings,  deposit  on  vacant 
lots,  penalty. 

Ords.,  Art.  11,  Sec.  66,  758 
— sick  benefit  insurance  of 
firemen,  board  to  effect. 

Ords.,  Art.  11,  Sec.  12,  740 
— sickness  of  firemen,  no  de- 
duction of  pay  for,  cer- 
tificate of. 

Ords.,  Art.  11,  Sec.  9.  739 
— subordinates  of,  board  to 
appoint  and  fix  compen- 
sation. 

Acts,  Sec.  69 137 

— manual  force  of  department. 

Ords.,  Art.  11,  Sec.  2,  735 
— not  to  act  as  election  officers. 

Ords.,  Art.  11,  Sec.  4,  737 
— substitute  firemen  injured 
on  duty,  relief  of. 

Ords.,  Art.  11,  Sec.  13,  740 
— telephone  operators  of 
Municipal  Telephone  Ex- 
change, appointment. 

Ords.,  Art.  11,  Sec.  44,  751 
— temporary  school  buildings, 
approval  of  by. 

Ords.,  Art.  32,  Sec.  4,  1044 
— ^uniform,  unauthorized  use 
of,  penalty. 

Ords.,  Art.  11,  Sec.  53,  754 
— wagons,  etc.,  driven  over 
hose  in  use,  penalty,  pro- 
viso. 

Ords.,  Art.  11,  Sec.  49,  753 
— of  salvage  corps,  right 

of  way  to  fires. 

Ords.,  Art.  11,  Sec.  45,  752 
— wharves,  piers,  etc.,  precau- 
tions on,  penalty. 

Ords.,  Art.  11,  Sec.  64,  757 
— wives  of  firemen,  payment 
of  death  benefits  to. 

Ords.,  Art.  11,  Sec.  12,  740 
Chief  Engineer,  Duties  and 
Authority, 

— admission  and  discharge  of 
firemen,  records  of. 

Ords.,  Art.,  11,  Sec.  18,  742 
— alteration  and  repair  of 
engines  and  apparatus. 

Ords.,  Art.  11,  Sec.  17,  742 
— apparatus  at  fires,  arrange- 
ment of. 

Ords.  Art.  11,  Sec.  16,  741 


Page 

FIRE  DEPT.— (Cont’d). 

Chief  Engineer,  Etc. — (Cont'd). 
— authority  of  district  engi- 
neer in  absence  of  cheif 
enginer. 

Ords.,  Art.  11,  Sec.  16,  741 
— command  of,  at  fires,  su- 
preme. 

Ords.,  Art.  11,  Sec.  17,  741 
— company  returns,  to  receive 
and  transmit  to  board. 

Ords.,  Art.  11,  Sec.  18,  742 
— duties,  examine  into,  keep 
record  of,  report  on  fires, 
etc. 

Ords.,  Art.  11,  Sec.  40,  750 
— engine  houses,  lighting 
lamps  in  front  of. 

Ords.,  Art.  11,  Sec.  43,  751 
— district  engineer,  authority 
of,  in  absence  of  chief  en- 
gineer. 

Ords.,  Art.  11,  Sec.  19,  742 
— engines,  alteration  and  re- 
pair of. 

Ords.,  Art.  11,  Sec.  17,  742 
— engine  houses  and  equip- 
ment, inspection  of. 

Ords.,  Art.  11,  Sec.  17.  742 
— extinguishment  of  fires,  au- 
thority in. 

Ords.,  Art.  11,  Sec.  17,  741 
— order  and  observance  of  law 
at  fires,  to  maintain. 

Ords.,  Art.  11,  Sec.  17,  742 
— proceed  to  fires  and  arrange 
apparatus. 

Ords.,  Art.  11,  Sec.  16,  741 
— property,  protection  of  at 
fires. 

Ords.,  Art.  11,  Sec.  17,  741 
— report  on  equipment,  etc., 
to  board. 

Ords.,  Art.  11,  Sec.  17,  742 
— of  companies,  to  re- 
ceive and  transmit  to 

board. 

Ords.,  Art.  11,  Sec.  18,  742 
— rolls  of  companies,  admis- 
sion, discharge,  etc.  of 
firemen. 

Ords.,  Art.  11,  Sec.  18,  742 

Examining  Board  of  Fire  De- 
Department, 

— appointment  of,  by  Mayor. 

Ords.,  Art.  11,  Sec.  2U,  743 
— of  candidates  for  fire- 
men from  graded  lists. 

Ords.,  Art.  11,  Sec.  20,  743- 


FIRE  DEPARTMENT. 


FISH. 


Page 


1407 


Page 

FIRE  DEPT.— (Con t’d). 

Chief  Engineer,  Etc. — (Cont’d). 
— or  promotion  of  firemen, 
certificate  of. 

Ords.,  Art.  11,  Sec.  22,  744 
— candidate  for  appointment 
or  promotion,  examina- 
tion of. 

Ords.,  Art.  11,  Sec.  20,  743 
— certificate  of  board  to  fitness 
of  appointees. 

Ords.,  Art.  11,  Sec.  22,  744 
— clerk  of  board,  duties. 

Ords.,  Art.  11,  Sec.  23,  744 
— competitive  examination  of 
applicants. 

Ords.,  Art.  11,  Sec.  20,  743 
— composition  of  board. 

Ords.,  Art.  11,  Sec.  20,  743 
— conduct  of  examinations, 
rules  for. 

Ords.,  Art.  11,  Sec.  21,  744 
— duties  of  board,  examina- 
tion of  candidates,  fur- 
nish graded  lists  of,  etc. 
Ords.,  Art.  11,  Sec.  20,  743 
— of  clerk  to  board. 

Ords.,  Art.  11,  Sec.  23,  744 
— duties  of  Chief  Engineer 
at. 

Ords.,  Art.  11,  Secs. 16, 

17 741 

— examination  and  investiga- 
tion of  candidates. 

Ords.,  Art.  11,  Sec.  20,  743 
— rules  for  conducting. 

Ords.,  Art,  11,  Sec.  21,  744 
— fitness  of  appointees,  certi- 
ficate of  board  to. 

Ords.,  Art.  11,  Sec.  22,  744 
— of  applicant  for  posi- 
tion to  be  sole  question 
with  board. 

Ords.,  Art.  11,  Sec.  24.  744 
— graded  lists,  to  furnish  to 
Board  of  Fire  Commis- 
sioners. 

Ords.,  Art.  11,  Sec.  20,  743 
— lists  of  names,  public  to  in- 
spect. 

Ords..  Art.  11,  Sec.  23,  744 
— marking  candidates  on  lists, 
order  of. 

Ords.,  Art.  11,  Sec.  21,  744 

note  to  Sec.  20,  743 

— oath  of  impartiality  of 
members  of  board,  record 
of. 

Ords.,  Art.  11,  Sec.  24,  744 


FIRE  DEPT.— (Cont’d). 

Chief  Engineer,  Etc. — (Cont’d). 
— political  adherence  not  to 
influence  board. 

Ords.,  Art.  11,  Sec.  24,  745 
— president  of  board. 

Ords.,  Art.  11,  Sec.  23,  744 
— proceedings  of  board,  clerk 
to  record. 

Ords.,  Art.  11,  Sec.  23,  744 
— public  inspection  of  graded 
lists. 

Ords.,  Art.  11,  Sec.  23,  744 
— qualifications  of  candidates, 
board  to  ascertain. 

Ords.,  Art.  11,  Sec.  20,  743 
— records  of  board. 

Ords.,  Art.  11,  Sec.  23,  744 
— religious  belief  not  to  influ- 
ence board. 

Ords.,  Art.  11,  Sec.  24,  745 
— rules  for  conduct  of  exami- 
nations, board  to  adhere 
to,  record  of. 

Ords.,  Art.  11,  Sec.  21,  744 

Fire  Alarm  Telegraph, 

— appointment  of  Superin- 
tendent, qualifications, 
duties. 

Ords.,  Art.  11,  Sec.  25  745 
— of  telegraphers. 

Ords.,  Art.  11,  Sec.  26  746 
— of  linemen , assistants  and 
battery  men. 

Ords.,  Art.  11,  Sec.  27  746 
— batteryman.  duties,  etc., 
bond. 

Ords.,  Art.  11,  Sec.  30  747 
— bond  of  batteryman,  line- 
men and  assistants,  du- 
ties. 

Ords.,  Art.  11,  Sec.  30  747 
— Superintendent. 

Ords.,  Art.  11,  Sec.  28  746 
— telegrap  hers. 

Ords.,  Art.  11,  vSec.  29  747 
— boxes,  fire  alarm  signal, 
in  hotels,  public  halls, 
etc.,  cost  of. 

Ords,,  Art.  11,  Sec.  32  748 
— Chesapeake  and  Potomac 
Telephone  Company,  use 
of  conduits  of,  for  fire 
alarm  wires. 

Ords.,  Art.  11,  Sec.  35  749 


FIRE  DEPARTMENT. 


FIRE  DEPARTMENT. 


1408 


Page 

FIRE  DEPT.-(Cont’d). 

Fire  Alarm  Telegraph — (Cont’d). 
— duties  of  Superintendent, 
test  and  repair  instru- 
ments, accounts,  records, 
annual  report. 

Ords.,  Art.  11,  Sec.  28  746 
— of  telegraphers,  receive 
and  transmit  alarms. 

Ords.,  Art.  11,  Sec.  29  747 
— of  linemen  and  battery- 
man. 

Ords.,  Art.  11,  Sec.  30  747 
— fire  alarm  signal  boxes  in 
public  halls,  etc.,  cost  of. 
Ords.,  Art.  11,  Sec.  32  748 
— connection  with  regular 
wires. 

Ords.,  Art.  11,  Sec.  33  748 
— in  public  halls,  etc.,  un- 
der supervision  of  de- 
partment. 

Ords.,  Art.  11,  Sec.  34  749 
— injury  to  poles  of,  penalty. 

Ords.,  Art.  11,  Sec.  31..  747 
— false  alarm,  punishment 
for 

Ords.,  Art.  11,  Sec.  50 

753-4 

— hose  in  use,  driving  over, 
punishment,  proviso. 

Ords.,  Art.  11,  Sec.  49  753 
— lineman  and  assistants, 
appointment. 

Ords.,  Art.  11,  Sec.  27  746 
— duties  of. 

Ords.,  Art.  11,  Sec.  30  747 

— note 747 

— operators,  duties,  bond. 

Ords.,  Art.  11,  Sec.  29  747 
— poles  of,  penalty  for  in- 
jury to. 

Ords.,  Art.  11,  Sec.  31  747 
— qualifications  of  Superin- 
tendent. 

Ords.,  Art.  11,  Sec.  25  745 
— signal  boxes,  interfering 
with  use  of,  penalty. 

Ords.,  Art.  11,  Sec.  48  753 
— keys  of,  penalty  for 
unauthorized  pos- 
session. 

Ords.,  Art.  11,  Sec.  52  754 
— ^in  hospitals,  theatres, 
etc.,  cost  of. 

Ords.,  Art.  11,  Sec.  32  748 
— Superintendent,  appoint- 
ment, qualifications. 

Ords.,  Art.  11,  Sec.  25  745 


P^e 

FIRE  DEPT.-(Cont’d). 

Fire  Alarm  Telegraph — (Cont’d)* 

— duties,  bond. 

Ords.,  Art.  11,  Sec.  28  746 
— supervision  of  signal  boxes 
in  public  places. 

Ords.,  Art.  11,  Sec.  34  748 
— telegraphers,  appointment 
of. 

Ords.,  Art.  11,  Sec,  26  746 
— duties,  receive  and  trans- 
mit alarms,  bond. 

- Ords.,  Art.  11,  Sec.  29  747 

Fire  Inspector, 

— appointment  by  insurance 
companies. 

Ords.,  Art.  11,  Sec.  40  750 
— arrest  of  incendiaries,  re- 
ward for. 

Ords.,  Art.  11,  Sec.  42  751 
— commission  of,  by  Mayor. 

Ords.,  Art.  11,  Sec.  40  750 
— compensation  by  insurance 
companies. 

Ords.,  Art.  11,  Sec.  40  750 
— conviction  of  incendiaries, 
reward  for. 

Ords.,  Art.  11,  Sec.  42  751 
— dynamite,  etc.,  storage  of, 
permit,  penalty. 

Ords.,  Art.  11,  Sec.  70  759 
— storing  of. 

Ords.,  Art.  11,  Sec.  71  760 
— examine  buildings  for  com- 
pliance with  fire  regula- 
tions. 

Ords.,  Art.  11,  Sec.  40  750 
— expenses  of,  city  not  lia- 
ble for. 

Ords.,  Art.  11,  Sec.  40  750 
— fire  regulations  to  enforce. 

Ords.,  Art.  11,  Sec.  40  750 
— incendiaries,  reward  for 
apprehension  of. 

Ords.,  Art.  11,  Sec.  42  751 
— nitro-glycerine,  dynamite, 
etc.,  manufacture  of, 
permit,  penalty. 

Ords.,  Art.  11,  Sec.  69  759 
— obstructing  Inspector,  pen- 
alty. 

Ords.,  Art.  11,  Sec.  40  750 
— pay  of,  provision  for. 

Ords.,  Art.  11,  Sec.  40  750 
— penalty  for  obstructing. 

Ords.,  Art.  11,  Sec.  40  750 
— failure  to  secure  vacant 


FIRE  DEPARTMENT. 


FIRE  DOORS. 


1409 


Page 

FIRE  DEPT.— (Cent  d). 

Fire  Inspector. — (Cont’d). 
houses  after  notice. 

Ords.,  Art.  11,  Sec.  40  750 
—police  to  inform  Inspector 
of  vacant  unsecured 
houses. 

Ords.,  Art.  11,  Sec.  41  751 
— proviso  as  to  salary,  city 
not  liable  for. 

Ords.,  Art.  11,  Sec.  40  750 
— report  monthly  to  Mayor, 
on  fires. 

Ords.,  Art.  11,  Sec.  40  750 
— reward  for  incendiaries. 

Ords.,  Art.  11,  Sec.  42  751 
— salary  of,  insurance  com- 
panies to  pay. 

Ords.,  Art.  11,  Sec.  40  750 
— vacant  house,  duty  of  po- 
lice. duty  of  Inspector. 
Ords.,  Art.  11,  Sec.  41  751 

Fire  Plugs,  Screws  and  Suc- 
tion Tubes, 

—access  to  fire  plugs,  penal- 
ty for  obstructing. 

Ords.,  Art.  11,  Sec.  39....  750 
— Chief  Engineera  nd  assist- 
ants to  control  plugs  at 
fires. 

Ords.,  Art.  11,  Sec.  38....  749 
— fire  plugs  to  conform  to 
standard. 

Ords.,  Art.  11,  Sec.  37....  749 
— control  of  at  fires. 

Ords.,  Art.  11,  Sec.  38  ...  749 
— obstructing  access  to, 
penalty. 

Ords.,  Art.  11,  Sec.  39..  750 
— hose,  standard  screw  for. 

Ords.,  Art.  11,  Sec.  39...  749 
— obstructing  access  to  plugs, 
penalty. 

Ords.,  Art.  11,  Sec.  36  ...  750 
— openings  of  standard  suc- 
tion tube  and  hose. 

Ords.,  Art.  11,  Sec.  36....  749 
— plugs,  penalty  for  obstruct- 
ing access  to. 

Ords.,  Art.  11,  Sec.  39....  750 
— to  conform  to  standard. 

Ords.,  Art.  11,  Sec.  37..  749 
— control  and  use  of,  at 
fires. 

Ords.,  Art.  11,  Sec.  38..  749 
— standard  screw  of  suction 
tubes  and  hose. 

Ords.,  Art.  11,  Sec.  36....  749 


Page 

FIRE  DEPT.— (Cont’d). 

Interfering  with  Property  of 
Fire  Department, 

— alarms,  police  to  turn  in 
when  fire  occurs. 

Ords.,  Art.  11,  Sec.  47  752 
— conviction  for  false  alarm, 
reward  for. 

Ords.,  Art.  11,  Sec.  51  754 
— driving  over  hose  in  use, 
punishment  for,  proviso. 

Ords.,  Art.  11,  Sec.  49  753 
— duty  of  police  on  occur- 
rence of  fire. 

Ords.,  Art.  11,  Sec.  47  752 
— false  alarms,  penalty  for. 

Ords.,  Art.  11,  Sec.  50 

753-754 

— impersonating  firemen, 
penalty. 

Ords.,  Art.  11,  Sec.  53  754 
— injuring  property  of  de- 
partment. 

Ords.,  Art.  11,  Sec.  48  752 
— keys  of  signal  boxes,  etc., 
unauthorized  possession 
of,  penalty. 

Ords.,  Art.  11,  Sec.  52  754 
— obstructions  to  apparatus 
on  streets,  penalty. 

Ords.,  Art.  11,  Sec.  48  753 
— police,  duty  on  occurrence 
of  fires. 

Ords.,  Art.  11,  Sec.  47  752 
— punishment  for  false 
alarm. 

Ords.,Art.ll,Sec.50  ....753-4 
— property  of  department, 
injury  to,  penalty. 

Ords.,  Art.  11,  Sec.  48....  752 
— reward  for  persons  giving 
false  alarms. 

Ords.,  Art.  11,  Sec.  51....  754 

lamps  in  front  of  engine 
houses. 

Ords.,  Art.  11,  Sec.  43..  751 

FIRE  DOORS  AND  SHUT- 
TER.S, 

See  ''Buildings^'  and  ""Fire 
Regulations.  ’ ’ 

Ords.,  Art.  3,  Secs.  79- 
80 627 


FIRE  ESCAPES. 


1410  FIRE  REGULATIONS. 


Page 

FIRE  ESCAPES, 

See  '‘'Buildings'"  and  "In- 
spector of  Buildings.  ’ ’ 

sweat-shops  to  be  provided 
with,  penalty. 

Acts,  Sec.  280 252-253 

FIRE  ESCAPES  AND 
ALARMS, 

where  required. 

Ords.,  Art.  3,  Sec.  83....  628 

FIRE  EXITS, 

See  "Buildings"  and  "In- 
spector of  Buildings." 


notice  to  owners  to  provide. 


Acts,  Sec.  80 

142 

penalty  for  absence  of. 

Acts,  Sec.  81 

142 

FIRE  HYDRANTS, 

See  "Hydrants." 

Ords.,  Art.  40,  Secs.  Id- 
ly  1182-1183 

FIRE  INSPECTOR, 

See  ‘ 'Fire  Department.  ’ ’ 

FIREMEN, 

See  "Fire  Department." 


assaults  upon. 

Acts,  Sec.  447 308 

pensions  for  when  disabled 
and  superannuated. 

Acts,  Sec.  6 50 

Acts,  Sec.  70 138 

— amount  of  pension. 

Acts,  Sec.  6 50 

— appropriations  for  pen- 
sions. 

Acts,  Sec.  6 50 

when  to  be  retired. 

Acts,  Sec.  6 50 


FIRE  PLUGS, 

See  "Fire  Department." 

control  at  fires — Chief  Engi- 
neer to  have. 

Ords.,  Art.  11,  Sec.  38.  749 

mis-use,  or  unauthorized  use 
of,  police  to  report. 

Ords.,  Art.  25,  Sec.  115..  996 

obstruction  of,  penalty. 

Ords.,  Art.  11,  Sec.  39..  750 


Page 

FIREPROOF  CONSTRUC 
TION, 

See  "Buildings." 

Ords.,  Art.  3,  Secs.  93- 

97 632-633 

FIREPROOFING, 

See  "Buildings'"  sub-tilles, 

‘ 'Fire  Regulations'  ’ and 
"Fireproof  Building  Ma- 
terials. ’ ’ 

Ords.,  Art.  3.  Sec.  82....  628 

FIRE  SHUTTERS  AND 
DOORS, 

arrangement,  closing,  open- 
ing, etc.,  proviso. 

Ords.,  Art.  25,  Sec.  32.  ..  969 

FIREWOOD,  SALE  OF, 

See  ' 'Inspections,  Weights 
and  Measures." 

Ords.,  Art.  17,  Sec.  32  ...  886 

FIREWORKS  IN  CITY, 

crackers,  squibs,  etc.,  pro- 
hibited, penalty. 

Ords.,  Art.  11,  Sec.  57..  755 

FIRING  OF  CRACKERS, 

power  to  regulate  and  pro- 
hibit. 

Acts,  Sec.  6, 50 

FIRING  PISTOLS,  ETC., 

penalty  for,  in  cit}-  or  on 
vessels  in  harbor. 

Ords.,  Art.  25,  Sec.  83..  986 

FIRE  REGULATIONS, 

See  "Fire""  and  "Fire  De- 
partment. ’ ’ 

Fire  Gongs  In  Hotels, 


— apartment  houses. 

Acts,  Sec.  §447a 308 

— buildings  in  which  re- 
quired. 

Acts,  Sec.  §447a 308 

-^buildings  exempt. 

Acts,  Sec.  §447d 309 

— installation. 

Acts,  Sec.  §447a 308 

— location. 

Acts,  Sec.  §447b 308 

— penalty. 

Acts,  Sec.  §447c 309 


FIRE  regulations.  1411  FIRE  REGULATIONS. 


Page 

FIRE  REGULATIONS.— (Cont’d). 
Fire  Gongs  In  Hotels. — (Cont’d). 
—placing. 

Acts,  Sec.  §447b 308 

— proviso. 

Acts,  Sec.  §447d 309 

—ringing  gongs. 

Acts,  Sec.  §447a 308 

— size,  Inspector  of  Build- 
ings to  designate. 

Acts,  Sec.  §447b 308 

Gasoline,  Naphtha  and  Benzine, 

— amount  to  be  stored  at 
one  time. 

Ords.,  Art.  11,  Sec.  74..  761 
— automatic  closing  cans  for. 

Ords.,  Art.  11,  Sec.  75..  761 
— automobiles,  filling  tanks 
of. 

Ords.,  Art.  11,  Sec.  75..  762 
— automobile  storage  sta- 
tions, provisions  for. 

Ords.,  Art.  11,  Sec.  75..  761 
— cans,  purchaser  to  furnish 
in  sales  for  domestic 
use. 

Ords.,  Art.  11,  Sec.  78..  763 
— cans,  requirements  for, 
open  vessels  prohibited. 
Ords.,  Art.  11,  Sec.  75..  761 
— cleaners,  dyers,  etc.,  ex- 
cepted . 

Ords.,  Art.  11,  Sec.  77..  762 
— cocks  and  valves  not  to 
leak. 

Ords.,  Art.  11,  Sec.  76..  762 
— cooking,  heating,  etc., 
provisions  for  use  in. 

Ords.,  Art.  11,  Sec.  77..  763 
— dealers  name  to  be  stamp- 
ed on  stoves. 

Ords.,  Art.  11,  Sec.  77..763 
— dealers  to  register  with 
Comptroller. 

Ords.,  Art.  11,  Sec.  77..  763 
— domestic  use,  sales  for, 
purchaser  to  furnish 
can. 

Ords.,  Art.  11,  Sec.  78..  763 
— emptying  automobile 
tanks. 

Ords.,  Art.  11,  Sec.  75..  761 
— filling  tanks,  precautions. 

Ords.,  Art.  11,  Sec.  75..  761 
- -filling  stoves,  precautions. 

Ords.,  Art.  11,  Sec.  77..  763 
— fines  for  violating  provi- 
sions. 

Ords.,  Art.  11,  Sec.  78..  764 


Page 

FIRE  REGULATIONS.— (Cont’d) . 
Gasoline,  Etc.— (Cont’d) . 

— original  package,  sales  in. 

Ords.,  Art.  11,  Sec.  75..  761 
— penalties  for  violations  of 
provisions. 

Ords.,  Art.  11,  Sec.  79..  764 
— permit  for  automobile 
storage  stations. 

Ords.,  Art.  11,  Sec.  75..  761 
— permit  for  storage  for  en- 
gines, etc. 

Ords.,  Art.  11,  Sec.  76..  761 
— quantity  permitted  at  auto- 
mobile stations. 

Ords.,  Art.  11,  Sec.  75..  761 
—quantity  dealers  ma}'^  keep. 

Ords.,  Art.  11,  Sec.  74..  761 
— registry  of  dealers  in  stoves 
at  office  of  Comptroller. 

Ords.,  Art.  11,  Sec.  77....  763 
— reservoirs  for  stoves  to  be 
outside  of  building. 

Ords.,  Art.  11,  Sec.  77.  ..  763 
— sales  for  domestic  use. 

Ords.,  Art  11,  Sec.  78....  763 
— sales  in  automobile  sta- 
tions. 

Ords.,  Art.  11,  Sec.  75....  761 
— sand  to  be  kept  as  absor- 
bent in  case  of  leakage. 

Ords.,  Art.  11,  Sec.  75.,..  761 
— storage  tanks  for  engines, 
etc. 

Ords.,  Art.  11,  Sec.  74....  761 
— Storage  tanks  in  automo- 
bile stations. 

Ords.,  Art.  11,  Sec.  75....  761 
— stoves,  precautions  in  use 
of. 

Ords.,  Art.  11,  Sec.  77....  762 
— tanks,  storage  for  automo- 
bile stations. 

Ords.,  Art.  11,  Sec.  75....  761 
— tanks,  storage  for  engines, 
etc. 

Ords.,  Art.  11,  Sec.  76....  762 

Gunpowder, 

— canisters  for  storage,  pen- 
alty. 

Ords.,  Art.  11,  Sec.  82...  765 
— carriage  through  city,  pre- 
cautions, penalty. 

Ords.,  Art.  11,  Sec.  80....  764 
— concealment  of,  search 
warrant  on  information. 
Ords.,  Art.  11,  Sec.  83....  765 


FIRE  REGUEATIONS. 


FIRE  REGULATIONS. 


1412 


Page 

FIRE  REGULATIONS.— (Cont’d). 
Gunpowder. — (Cont’d) . 

— door,  to  be  kept  near,  sign 
on,  penalty. 

Ords.,  Art.  11,  Sec.  82....  765 
— information  of  conceal- 
ment, search  warrant  to 
issue. 

Ords.,  Art.  11,  Sec.  83....  765 
— maximum  quantity  to  be 
kept,  penalty. 

Ords.,  Art.  11,  Sec.  81....  765 
— quantity  to  be  kept,  pen- 
alty. 

Ords.,  Art.  11,  Sec.  81....  765 
—sign  on  door  “Gunpow- 
der.” 

Ords.,  Art.  11,  Sec.  82....  765 
— storage  or  keeping  in  tin 
canisters. 

Ords.,  Art.  11,  Sec.  82....  765 
—transportation  through 
city  unrestricted  when 
destined  beyond. 

Ords.,  Art.  11,  Sec.  81....  765 

Hotels,  Safety  Regulations, 

— fine  for  noncompliance 
with. 

Ords.,  Art.  11,  Sec.  68....  759 
— fire  escapes,  placing  of, 
signs  indicating. 

Ords.,  Art.  11,  Sec.  67....  758 
— floor  plan  to  be  placed  in 
each  sleeping  room. 

Ords.,  Art.  11,  Sec.  67....  758 
— owner  or  lessee,  responsi- 
bilit}^  of. 

Ords.,  Art.  11,  Sec.  68....  759 
— penalty  for  non-compli- 
ance with. 

Ords.,  Art.  11,  Sec.  68....  759 
— plans  of  floors  to  be  kept 
in  sleeping  rooms. 

Ords.,  Art.  11,  Sec.  67  758 
— signs  indicating  fire  es- 
capes and  stairways. 

Ords.,  Art.  11,  Sec.  67....  758 
— stairways,  to  place  signs 
indicating  location  of. 

Ords.,  Art.  11,  Sec.  67....  758 

Inflammable  and  Explosive 
Materials, 

— blasting  in  city  limits,  per- 
mit for. 

Ords.,  Art.  11,  Sec.  72....  760 
—blasting  without  permit, 
penalty. 

Ords.,  Art.  11,  Sec.  73....  760 


FIRE  REGULATIONS.— (ConUd^^ 
Inflammable,  Etc. — (Cont’d). 

— dynamite,  etc.,  manufac- 
ture prohibited,  penalty. 
Ords.,  Art.  11,  Sec.  69....  759 
— dynamite,  carriage  through 
streets,  permit,  penalty. 
Ords.,  Art.  11,  Sec.  70....  759 
— explosive  compounds, 
manufacture  of,  penalty. 
Ords.,  Art.  11,  Sec.  69....  759 
— explosive  compounds,  car- 
riage through  streets. 

Ords.,  Art.  11,  Sec.  70....  759 
— firecrackers,  sale  prohibit- 
ed, penalty. 

Ords.,  Art.  11,  Sec.  58....  756 
— fires  on  decks  of  vessels  at 
night,  penalty. 

Ords.,  Art.  11,  Sec.  63....  757 
— fireworks  in  city,  penalty, 
permit  for. 

Ords.  Art.  11,  Sec.  57....  756 
— fireworks,  manufacture  of, 
penalty. 

Ords.,  Art.  11,  Sec.  59  756 
— fireworks,  sales  in  other 
than  original  package, 
penalty. 

Ords.,  Art.  11,  Sec.  58....  756 
— floors  of  wood,  ashes  on. 

Ords.,  Art.  11,  Sec.  60....  756 
— manufacture  of  explosives 
prohibited,  penalty. 

Ords.,  Art.  11,  Sec.  69  . . 759 
— manufacture  of  fireworks, 
prohibited,  penalty. 

Ords.,  Art,  11.  Sec.  59....  756 
— nitro-glycerine,  carriage 
through  streets. 

Ords.,  Art.  11,  Sec.  70...  759 
— notice  to  comply  with  pro- 
visions. 

Ords.,  Art.  11,  Sec.  70....  759 
— notice  to  offenders  before 
liability  accrues. 

Ords.,  Art.  11,  Sec.  62  ...  757 
— penalty  for  blasting  in  city 
without  permit. 

Ords.,  Art.  11,  Sec.  73....  760 
— penalties,  liabilit}'  for, 
notice  to  delinquents. 

Ords.,  Art.  11,  Sec.  62....  757 
— permit  for  fireworks. 

Ords.,  Art.  11,  Sec.  57....  755 
— sales  of  firecrackers  pro- 
hibited, penalty. 

Ords.,  Art.  11,  Sec.  58....  755 


FIRE  REGULATIONS. 


1413 


Page 

FIRE  REGULATIONS.— (Cont’d). 
Inflammable,  Etc. — (Cont’d). 

— storage  of  explosives;  per- 
mit; penalty. 

Ords.,  Art.  11,  Sec.  70....  759 
— storage  of  explosives,  tin 
sign  on  door,  penalty, 
notice. 

Ords,,  Art.  11,  Sec.  71....  760 

Oils,  Illuminating  and  Fluid, 


— accident,  seller’s  liabilit)-. 

Acts,  Sec.  453 310 

— confiscation  of  inferior 

oils. 

Acts,  Sec.  454 311 

— damages,  liability  of  seller. 

Acts,  Sec.  452 310 

— explosion,  liability  of  sel- 
ler. 

Acts,  Sec.  453 310 

— export  oil,  exemption  of. 

Acts,  Sec.  456  311 

— false  report  by  Inspector, 

penalty. 

Acts,  Sec.  455 311 

— fines,  disposition  of. 

Acts,  Sec.  453 310 

— fire  test. 

Acts,  Sec.  449 309 

— Inspectors,  decisions  in 
confiscation. 

Acts,  Sec.  454 311 

— Inspector’s  reports, penalty 
for  falsifying. 

Acts,  Sec.  455 311 

— penalty  for  unlawful  sales. 

Acts,  Sec.  453 310 

— manufacture. 

Acts,  Sec.  451 310 

-purcha.ser,  protection  of. 

Acts,  Sec.  452  310 

— sales  in  barrels. 

Acts,  Sec.  450 309 

— unlawfully. 

Acts,  Sec.  451 310 

— seizure  of  oils. 

Acts,  Sec.  454 311 

— stamp  of  manufacturer  on 
barrels. 

Acts,  Sec.  450 309 

— street  lamps,  oil  for,  ex- 
empt. 

Acts,  Sec.  456 3^1 1 

— Tagliabue’s  test. 

Acts,  Sec.  449 30  9 


FIRE  REGULATIONS. 

Page 

FIRE  REGULATIONS.— (Cont’d). 

Oils,  Manufacture  and  Storage 
of, 

— application  for  permit  for, 
publication  of. 

Ords.,  Art.  11,  Sec.  84..  765 

— buildings  for  manufacture 

of,  restrictions. 

Ords.,  Art.  11,  Sec.  85..  766 
— collection  of  fines  here- 
under. 

Ords.,  Art.  11,  Sec.  88..  767 
— distilleries  of,  require- 
ments for. 

Ords.,  Art.  11,  Sec.  85..  766 
— existing  manufactories  not 
affected. 

Ords.,  Art.  11,  Sec.  84..  766 
— fines  for  violation  of  pro- 
visions. 

Ords.,  Art.  11,  Sec.  88..  767 
— illuminating  oils,  how 
kept  for  sale. 

Ords.,  Art.  11,  Sec.  86..  766 
— manufacture  restricted, 

permit  for,  penalty. 

Ords.,  Art.  11,  Sec.  84..  765 
— penalties  for  violations 
hereunder. 

Ords.,  Art.  11,  Sec.  87..  766 
— recovery  of. 

Ords.,  Art.  11,  Sec,  88..  767 
— permission  to  manufact- 
ure, application  for. 

Ords.,  Art.  11,  Sec.  84..  766 
— publication  of  application 
for  permit. 

Ords.,  Art.  11.  Sec.  84..  766 
— sale  of  illuminating  oils. 

Ords.,  Art.  11,  Sec.  86  . 766 
— storage  of,  restrictions. 

Ords.,  Art.  11,  Sec.  85..  766 

Prevention  of  Fires, 

— arrests  for  smoking  i n 
stables. 

Ords.,  Art.  11,  Sec.  56,  755 

— ashes  in  wooden  vessel. 

Ords.,  Art.  11,  Sec.  60,  755 
— hay  and  straw,  require- 
ments for  buildings 
where  kept,  penalty. 

Ords.,  Art.  11,  Sec.  61,  757 
— inflammable  stores  on 
wharves,  etc.,  matches 
etc.,  prohibited, penalty. 

Ords.  Art.  11,  Sec.  64,  757 


FIRK  REGULATIONS. 


FISH. 


1414 


FIRE  REGULATIONS.— (Cont’d5^ 
Prevention  of  Fires. — (Cont’d), 
— lamps,  etc.,  in  stables,  re- 
strictions, penalty. 

Ords.,  Art.  11,  Sec.  54,  755 
— outside  wooden  build- 
ings, penalt}^ 

Ords.,  Art.  11,  Sec.  55,  755 
—open,  on  -wharves,  etc., 
penalty. 

Ords.,  Art.  11,  Sec.  64.  757 
— livery  stables,  open  lamps 
in,  penalty. 

Ords.,  Art.  11,  Sec.  56,  755 
— notice  to  owners  of  vacant, 
unsecured  houses. 

Ords.,  Art.  11,  Sec.  41,  751 
— open  lamps  on  wharves, 
etc.,  penalty. 

Ords.,  Art.  11,  Sec.  64,  757 
— in  stables,  etc.,  penalty. 

Ords.,  Art.  11,  Sec.  56,  755 
— piers,  wharves,  etc.,  pre- 
cautions on,  penalty. 

Ords.,  Art.  11,  Sec.  64,  757 
— police,  duty  in  regard  to 
lights  in  stables. 

Ords.,  Art.  11,  Sec.  56..  755 
— ships,  fires  on  deck  at  night, 
penalty. 

Ords.,  Art.  11,  Sec.  63..  757 
— stables;  fire  regulations 
to  be  posted. 

Ords.,  Art.  11,  Sec.  56..  755 
— smoking  in  stables,  penalty. 

Ords.,  Art.  11,  Sec.  56..  755 
— on  wharves, etc., penalty. 

Ords.,  Art.  11,  Sec.  64..  757 
— stables,  lights  in,  precau- 
tions. 

Ords  , Art.  11,  Sec.  54..  755 
— smoking  in,  penalty. 

Ords.,  Art.  11,  Sec.  56..  755 

Miscellaneous  Provisions, 

— amusement  halls  etc. , aisles 
of,  to  be  kept  clear. 

Ords.,  Art.  25,  Sec.  35,  970 
— doors,  fire,  arrangement 
and  closing. 

Ords.,  Art.  25,  Sec.  32,  969 
— exits  from  public  places,  to 
be  opened  after  each  per- 
formance. 

Ords.,  Art.  25,  Sec.  35,  970 
— fire  shutters,  to  close  at  end 
of  business  day,  to  close 
and  open  from  outside, 
proviso. 

Ords.,  Art.  25,  Sec.  32,  969 


Page 

FIRE  REGULATIONS.— (Cont  ’d) . 
Miscellaneous  Prov’s. — (Cont’d). 
—meat  smoking  prohibited 
except  in  special  build- 
ings for,  penalty 
Ords.,  Art.  25,  Sec.  33,  969 
— obstruction  of  stairways 
prohibited. 

Ords.,  Art.  25,  Sec.  34, 

969-970 

— shutters,  fire,  arrangement 
and  closing. 

• Ords.,  Art.  25,  Sec.  32,  969 
— smoking  meat  prohibited 
except  in  special  build- 
ings. 

Ords.,  An.  25,  Sec.  33,  969 
— stairways, explosives,  etc., 
under,  and  obstruction 
of,  prohibited. 

Ords.,  Art.  25,  Sec.  34, 
969-970 

FIRES  IN  STREETS, 

— conditions  of  permit  for, 
protection  of  pavement, 
penalty, 

Ords.,  Art.  25,  Sec.  75,  983 


FISCAL  YEAR, 

Acts,  Sec.  24 104 

assessment  and  levy  of  taxes 
for. 

Acts,  Sec.  171 188 

levy  for  expenditures. 

Acts,  Sec.  40 120 

period  of. 

Acts,  Sec.  32 110 

Police  Commissioners  to  esti- 
mate expenses  for. 

» Acts,  Sec.  747 459 

taxes  for. 

Acts,  Sec.  40 121 

taxable  ba,sis  for. 

Acts,  See.  171 189 


FISH, 

See  ''Fish  Markets'"'  and 
' 'Markets.  ’ ’ 

bass  under  weight,  sale  of 
prohibited. 

Acts,  Sec.  457 


311 


FISH  AND  CRABS. 


FLYING  HORSES. 


Page 


1415 

FLAGS, 


Page 

FISH.— (Cont’d). 
cleaning  near  fountains  and 
pumps,  prohibited,  penalty. 
Ords.,  Art.  25,  Sec.  39....  971 

Fells  Point  market ; sales  in. 

Ords.,  Art.  23,  Sec.  82....  943 

fines  and  penalties. 

Acts,  Sec.  6 51 

keeping  under  cover,  penalty. 

Ords.,  Art.  25,  Sec.  40.  ..  971 

perch  under  weight,  sales 


prohibited. 

Acts,  Sec.  457 311 

sale  and  disposition  of — gen- 
eral powers. 

Acts,  Sec.  6 51 


stalls  for  in  Lexington,  Han- 
over and  Fells  Point  mar- 
kets. 

Ords.,  Art.  23,  vSec.  Ill  . 951 


FISH  AND  CRABS, 

See  ''‘Markets." 

Ords.,  Art.  23,  Sec.  23.... 

926,  927 

FISH  AND  GAME  LAWS, 

markets;  posting  in,  penalty 
for  defacing. 

Ords.,  Art.  23,  Sec.  42  ...  931 

FISH  MARKETS, 

cleaning  of  and  removal  of 
filth  from . ( ‘ 'See Markets. ' ' ) 
Ords.,  Art.  23,  Sec.  4 920 

permanent  wooden  structures 
on  outside  of. 

Ords.,  Art.  23,  Sec.  45....  932 

FLAG  AND  STEPPING 
STONES, 

See  "Streets  and  City  Engi- 
neer" and  "Vehicles." 

materials  for. 

Ords.,  Art.  35,  Sec.  18....1096 

when  to  be  provided  in  streets. 

Ords.,  Art.  35,  Sec.  83  ...1122 


public  buildings — raising  of 
on  holidays  and  Memorial 
Day. 

Ords.,  Art.  28,  Sec.  6 1006 

public  schools — authority  to 
purchase  flag  for  each 
school  ; when  to  be  raised. 

Ords.,  Art.  32,  Sec.  7 1046 

FLASHING  POINT  OF  OILS, 

minimum,  penalty  for  inferior 
oil. 

Ords.,  Art.  20,  Sec.  28  ..  903 

FLOATING  DEBT, 

prohibited. 

Acts,  Sec.  40 120 

FLORISTS, 

Lexington  market ; stalls  of. 

Ords.,  Art.  23,  Sec.  97.  ..  948 

FLOUR,  MEAL,  ETC., 

See  "Markets." 

Ords.,  Art.  23,  Sec.  24  ...  927 

sales  of  by  weight,  false 
weights,  penalty. 

Ords.,  Art.  23,  Sec.  31...  929 

FLUES,  CHIMNEYS  AND 
HEATING  APPARATUS. 

See  "Buildings"  sub-title 
' ' Chim  neys,  Flues  and 
Heating  Apparatus . ’ ’ 

FLUSHING  GUTTERS, 

when  to  be  done. 

Ords.,  Art.  40,  Sec.  16  ... 

1182,  1183 

FLUSHING  STREETS, 

Baltimore  street,  when  wet 
and  muddy. 

Ords.,  Art.  36,  Sec.  7 1143 

fire  plugs,  use  of  water  from. 

Ords.,  Art.  36,  Sec.  6 1142 

FLYING  HORSES,  ETC., 

licenses  for;  cost  of,  penalty. 

Ords.,  Art.  41,  Sec.  10....1199 

public  swings,  fakirs  and  pat- 
ent medicine  venders,  pro- 
hibited, penalty. 

Ords.,  Art.  25,  Sec.  112..995-6 


FOOD  PRODUCTS. 


FOOTWAYS. 


1416 


FOOD,  FOOD  PRODUCTS^^^^ 
AND  STUFFS, 

See ‘ "Health  ’ ’ and  ‘ "Markets.  ’ ’ 

Ords.,  Art.  14,  Sec.  62.  ..  815 

definition  of  term  ; proviso. 

Ords.,  Art.  14,  Sec.  62....  815 

inspection  and  sale  of,  regu- 


lated. 

Acts,  Sec.  6 56 

inspectors  and  analysts  of. 

Acts,  Sec.  73 139 


inspectors  of. 

Ords.,  Art.  14,  Sec.  61.  .. 

814,  815 

milk,  inspectors  of. 

Acts,  Sec.  74 139 

FOOTWAYS, 

See  ""Grading,  Paving,  etc.. 
Streets;'^  ""Markets 
""Streets  and  City  Engi- 
neer'''' and  ""Vehicles.''' 
abutting  owners  liable  for 


costs  of. 

Acts,  Sec.  §841f 534 

annex,  footways  — assess- 
ment of  costs  of. 

Acts,  Sec.  §841f 534 


— construction  and  repair  of. 

Ords.,  Art.  35,  Sec.  29  . ..1101 
— to  be  repaired  by  the  City 
Engineer. 

Ords.,  Art.  35,  Sec.  31....1102 

barrels,  boxes,  etc.,  not  to  ob- 
struct more  than  one-half. 

Ords.,  Art.  25,  Sec.  68....  979 

burnt  district ; construction 
and  material  of  footwa}'sin. 

Ords.,  Art.  35,  Sec.  14  ...1095 
— permit  for  paving  re- 
quired. 

Ords.,  Art.  35,  Sec.  13....1094 
— structures  prohibited  in. 

Ords.,  Art.  35,  Sec.  15....1095 

collection  of  tax  for  repairs 
to. 

Ords.,  Art.  35,  Sec.  23....1099 

cost  of  grading,  paving,  etc. 

Ords.,  Art.  35,  Sec.  62....1113 

Drainage, 

— under  sidewalks. 

Ords.,  Art.  35,  Secs.  32, 

36 1102-1103 


FOOTWAYS.— (Cont’d) . 
Drainage. — ( Cont’d) . 

— City  Engineer  to  approve 
method. 

Ords.,  Art.  35,  Sec.  34....1103 
— construction  by  City  Engi- 
neer upon  neglect  of 
owner. 

Ords.,  Art.  35,  Sec.  35.... 1103 
— cost  of  such  construction. 

Ords.,  Art.  35,  Sec.  35-...1103 
— penalty  for  failure  to  pro- 
vide such  drainage. 

Ords.,  Art.  35,  Sec.  36....1103 
— pipes  for  to  be  under 
ground. 

Ords.,  Art.  35,  Sec.  33....11C2 

flag  stones  to  be  put  down  ; 
penalty. 

Ords.,  Art.  35,  Sec.  27. ...1100 
grading,  regulating,  paving 


and  repairing  same. 

Acts,  Sec.  6 78 

horses,  etc.,  not  allowed  on  ; 
proviso  as  to  crossing  same. 
Ords.,  Art.  4,  Sec.  3 683 


ice  and  snow,  removal  from. 

Ords.,  Art.  36,  Sec.  15....1145 

market  footways — Belair  mar- 
ket. 

Ords.,  Art.  23,  Sec.  62....  938 
— to  be  kept  open. 

Ords.,  Art.  23,  Sec.  61.... 

937-938 

obstruction  of  by  goods  being 
inspected,  penalty. 

Ords.,  Art.  17,  Sec.  3 876 

occupants  of  premises  and 
owners  of  vacant  premises 
to  keep  clean. 

Ords.,  Art.  25,  Sec.  71.... 

980-1 

owner  of,  to  repair  same. 

Acts,  Sec.  6 78 

pavements  in  front  of  unim- 
proved lots. 

Ords.,  Art.  35,  Sec.  28.... 

1100-1101 

penalty  for  failure  to  repair. 

Ords.,  Art.  35,  Sec.  26....1099 

poles,  signs  and  wires  on. 

Acts,  Sec.  6 


79 


FOOTWAYS. 


FORMAL  DEFECTS. 


1417 


Page 

FOOTWAYS— (Cont’d) . 

Police  Regulations, 

— dangerous  substances  on, 
penalty. 

Ords.,  Art.  25,  Sec.  96.  ..  990 
— fruit,  etc.,  substances  on, 
dangerous  to  pedestrians, 
penalty. 

Ords.,  Art.  25,  Sec.  96....  990 
— fruit  sellers  to  post  copy 
of  regulations,  penalty. 

Ords.,  Art.  25,  Sec.  97....  990 
— hand  carts  on,  unlawful, 
penalty,  proviso. 

Ords.,  Art.  25,  Sec.  98....  991 
— horses,  mules,  etc.,  on, 
unlawful,  penalty. 

Ords.,  Art.  25,  Sec.  99....  991 
— sellers  of  fruit,  etc.,  to 
post  copy  of  regulations, 
penalty. 

Ords.,  Art.  25,  Sec.  97.... 

990-1 

— sprinkling,  restrictions, 
hours  when  unlawful, 
penalty , 

Ords.,  Art.  25,  Sec.  100..  991 
— vehicles  on,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  99.  ..  991 
— venders  of  fruit,  etc.,  to 
post  copy  of  regulations. 

Ords.,  Art.  25,  Sec.  97.... 

990-1 

— washing  of,  restrictions, 
hours  when  unlawful; 
penalty. 

Ords.,  Art.  25,  Sec.  100..  991 
— wheelbarrows,  etc.,  on 
proviso,  penalty. 

Ords.,  Art.  25,  Sec.  98  ...  991 

proprietors  of  lots  to  grade 
and  pave. 

Ords.,  Art.  35,  Sec.  28....1100 

repairing  defective  footways ; 
notice  by  Comptroller. 

Ords.,  Art.  35,  Sec.  20.... 

1097,  1098 

sales  on,  in  markets  forbid- 
den, permit,  penalty. 

Ords.,  Art.  23,  Sec.  37....  930 

slop  carts,  police  regulations. 

Ords.,  Art.  25,  Sec,  54....  975 


Page 

FOOTWAYS— (Cont’d) . 

Police  Regulations. — (Cont’d). 

snow,  removal  from,  person 
liable,  when  to  remove, 
notice,  penalty. 

Ords.,  Art.  25,  Sec.  76.... 

983-4 

tax  for  cost  of  repairs,  by 
City  Engineer. 

Ords.,  Art.  35,  Sec.  22....1098 
— to  be  lien  on  property. 

Ords.,  Art.  35,  Sec.  23....1099 

tax  for  grading,  regulating, 
etc.,  same. 

Acts,  Sec.  6 78 

— for  repairs  of. 

Ords.,  Art.  35,  Secs.  22.. 

to  25 1098,  1099 

temporary  footways  for  pas- 
sengers ; penalty. 

Ords.,  Art. 35,  Secs.  37-38 

1104 

vehicles;  Hollins  Market, 
driving  vehicles  in. 

Ords.,  Art.  23,  Sec.  91....  946 

wheelbarrows,  vehicles,  etc., 
on,  unlawful,  penalty,  pro- 
viso, 

Ords.,  Art.  25,  Sec.  98....  991 

widening  of. 

Acts,  Sec.  6 note  78 

FOREIGN  VESSELS, 

See  ‘ "Harbor,  Docks  and 
Wha-t  ves;'  ’ ‘ "Immigrants'’ ' 
and  ""Quarantine  Hospi- 
tal. ' ' 

Harbor  Master’s  fees  from....  313 

FOREMAN  OF  JURY, 

See  ""Jurors." 

FORFEIT  CLAUSE, 

in  lighting  contracts ; penalty 
for  dead  lamps. 

Ords.,  Art.  20,  Sec.  16  ... 

898-9 

FORFEITURE  OF  BAIL, 

See  ""Bail."' 

FORMAL  DEFECTS, 

court  to  correct,  in  condem- 
nations for  sewers,  etc. 

Ords.,  Art.  33,  Sec.  9 1068 


FORTUNE  TEEEERS. 


FRANCHISES. 


1418 


Page 

FORTUNE  TELLERS, 

See  ‘ ‘ Vagrants  and  Disorder- 
ly Per  sons. 
classed  as  vagrants. 


Acts,  Sec.  866 554 

and  note 554 

license  of. 

Acts,  Sec.  6 61 

FOUNDATIONS, 


See  '''Buildings.'''  ' 
FOUNDLINGS, 

See  ‘ ‘ Charities.,  Supervisors  of 


City.  ’ ’ 

Acts,  Sec.  107 159 

FOUNTAINS, 

Art  Commission  to  approve. 

Acts,  Sec.  202 207 


construction  of  ; public  utility 
to  be  considered. 

Ords.,  Art.  40,  Sec.  15....1182 

erection — and  regulation  of. 

Acts,  Sec.  6 65 

— of  by  Water  Board. 

Ords.,  Art.  40,  Sec.  13....1182 

pumps  to  be  replaced  by. 

Ords.,  Art.  40,  Sec.  14.. ..1182 

FRAME  STRUCTURES, 

See  '''Buildings.''' 

markets — permanent  erection 
of,  prohibited  in;  penalty, 
proviso. 

Ords.,  Art.  23,  Sec.  45....  932 


where  permitted,  proviso. 

Ords.,  Art.  3,  Sec.  4 600 

FRANCHISES, 

Acts,  Secs.  7-13 94-98 

certain  franchises  not  to  be 
granted. 

Acts,  Sec.  8 95 

city  may  take  over. 

Acts,  Sec.  9 96 

compensation  for. 

Acts,  Sec.  37 118 

compliance  with  terms  of.  en- 
forceable by  city. 

Acts,  Sec.  9 96-97 


Page 

FRANCHISES.— (Cont’d) . 


conditions  relating  to. 

Acts,  Sec.  37 117 

decisions  in  relation  to. 

Acts,  Sec.  8 note  95 

duration  of,  limited. 

Acts  Sec.  9 95,  96 

mode  of  valuing  renewals. 

Acts,  Sec.  9 . 96,  97 

municipal  control  and  regu- 
lation of. 

Acts,  Sec.  11 97 

renewals  of. 

Acts,  Sec.  9 96 

“ “ 37 118 

title  of  city  thereto  inalien- 
able. 

Acts,  Sec.  6 94 

title  vested  in  corporation. 

Acts,  Sec.  2 41 

Grants  of, 

—See ' Board  of  Estimates. ' ' 

Acts,  Sec.  37 117 

— advertisement  of  by  Comp- 
troller. 

Acts,  Sec.  10 97 

— application  for  grant  of 


franchise  to  be  advertised . 

Acts,  Secs.  10,  37 97,  118 

-r-Board  of  Estimates  to  ad- 
vertise grant  applied  for. 


Acts,  Sec.  10 97 

— cases  cited,  and  note. 

Acts,  Sec.  37 119 

— municipal  control  to  be 
reserved . 

Acts,  Sec.  11 97 

— ordinances  embodying. 

Acts,  Sec.  37 117 

— repair  of  streets  by  street 
railways  to  be  a condition 
of  grants  of  franchises  in 
streets. 


Ords.,  Art.  30,  Sec.  25...  1024 
— specific  franchises. 

Acts,  Sec.  8 94 

— specifications  in  grants  of. 

Acts,  Sec.  9 96,  97 


FRANCHISES. 


FUNERAES. 


1419 


Page 

FRANCHISES.— (Cont’d) . 

Grants  of.  - (Cont’d). 

— street  railway  franchises 
in  annex — duration  and 
conditions  of  such  grants. 

Acts,  Sec.  §800a 494,  495 

— ^grant  of  to  United  Rail- 
ways and  Electric  Com- 
pany ; conditions  relat- 
ing thereto ; proviso  as 
to  minimum  compensa- 
tion for  grant. 

Acts,  Sec.  §800b 495,  496 

— terms,  conditions,  nature 
and  extent  of  to  be  set 
forth  in. 

Acts,  Secs.  8,  9 95-9fc> 

— United  Railways  and  Elec- 
tric Company  ; grants  of 
franchises  to  in  annex. 

Acts,  Sec.  §800b 495,  496 

FRAUD  AGAINST  POLICE 
FUNDS. 

See  ‘ 'Special  Police  Fund.  ’ ’ 

FRAUD  OF  LICENSEES, 

penalty  for,  in  carriage,  etc., 
licenses. 

Ords.,  Art.  41,  Sec.  81....1226 

FRAUDULENT  SALES, 

charcoal,  penalty. 

Ords.,  Art.  17,  Sec.  30....  885 

FRAUDULENT  WEIGHTS 
AND  MEASURES, 

seizure  and  sale  of. 

Ords.,  Art.  17,  Sec.  21...  883 

“FREE  CARE,” 

definition  of  for  water  rates 
to  charitable  institutions. 

Ords.,  Art.  41,  Sec.  65  . .1220 

FREE  LIBRARY, 

See  "Pratt  Free  Library." 

Ords.,  Art.  26,  Secs.  1-5 

997-1001 

FREE  PUBLIC  BATH  COM 
MISSION, 

See  "Public  Baths." 

Ords.,  Art.  27,  Sec.  1-5.. 

1002-03 

FRUITS,  VEGETABLES,  ETC., 

See  ‘ ‘ Street  Venders  ’ L icenses  ’ ’ 
under  "Licenses." 


Page 

FRUITS,  MEATS,  VEGETA- 
BLES, ETC., 

power  to  license  and  regulate 
sale. 

Acts,  Sec.  6 51 

sales  of  fruit  on  Sabbath,  in 
streets,  unlawful,  penalty. 

Ords.,  Art.  31,  Sec.  2 1040 

such  substances  prohibited  on 
sidewalks ; penalty. 

Ords.,  Art.  25,  Sec.  96....  990 

FRONT-FOOT  RULE, 


assessments  for  grading,  pav- 
ing, curbing,  etc. 

Acts,  Sec.  6 77 

taxes  levied  under,  for  grad- 
ing, paving,  etc., 

Acts,  vSec.  6 77 


FULTON  AVENUE, 

cattle,  driving  through,  un- 
lawful. 

Ords.,  Art.  25,  Sec.  31....  968 

FUNDS, 

See  "Sinking  Funds;" 

‘ 'Special  Police  Fund' ' and 
' ' Stocks,  Loans  and  Fi- 
nance. ' ' 

city  funds — interest  on  de- 
posits of  in  banks. 

Ords.,  Art.  6,  Sec.  23 

705,  706 

police  department — funds  of. 

{See  "Police  Commission- 
ers."') 

trust  funds — city  may  receive 
or  dispose  of. 

Acts,  Sec.  2 42 

FUNERALS, 

driving  or  crossing  line  of 
prohibited ; penalty. 

Ords.,  Art.  4,  Sec.  26 

689,  690 

ferries ; to  pass  free  ov^er 
same. 

Acts,  Sec.  437 304 

of  firemen — expenses  of  pay- 
ment of. 

Ords.,  Art.  11,  Sec.  11  ...  739 


FURNITURE. 


GARBAGE. 


1420 


Page 

FURNITURE, 

markets — sales  of  in,  prohibit- 
ed, penalty. 

Ords.,  Art.  23,  Sec.  41....  931 

wagons — stands  for. 

Ords.,  Art.  4,  Sec.  38 693 

for  schools’.  {See  ''‘Schools."^ 

Acts,  Sec.  99 153 

FURNACES  AND  HEATING 
APPARATUS, 

See  '‘‘Buildings sub-title 
‘ ‘ Chimneys,  Flues  and 
Heating  Apparatus.  ’ ’ 

GAME  AND  FISH  LAWS, 

markets;  posting  in,  penalty 
for  defacing. 

Ords.,  Art.  23,  Sec.  42..  931 

GAMES  ON  SABBATH, 

ball,  quoits,  kites,  etc.,  un- 
lawful, penalty. 

Ords.,  Art.  31,  Sec.  3.. ..1041 

GAMING, 

fines  and  penalties;  recovery 
and  accounting  of. 

Ords.,  Art.  12,  Sec.  7....  770 

horse  racing  for  gaming  pur- 
poses prohibited;  penalty. 

Ords.,  Art.  12.  Sec.  5....  769 

licensed  houses  or  ordinaries; 
penalty  for  gaming  in. 

Ords.,  Art.  12,  Sec.  2....  768 

long  bullets;  game  of  pro- 
hibited; penalty. 

Ords.,  Art.  12,  Sec.  6....  769 

penalty  for  fraudulent  gam- 
ing. 

Ords.,  Art.  12,  Sec.  1....  767 

police  to  give  information  to 
Mayor. 

Ords.,  Art.  12,  Sec.  4,  768-69 

police  to  suppress;  procedure, 
penalty  for  resisting  police. 

Ords.,  Art.  12,  Sec.  4....  769 

tables  for  gaming;  penalty 
for  keeping. 

Ords.,  Art.  12,  Sec.  3....  768 


Page 

GANG  PLANKS, 

See  ‘‘‘‘Harbor,  Docks  and 
Wharves.  ’ ’ 

Ords.,  Art.  13,  Sec.  28,  783-4 

GARBAGE  AND  STREET 
DIRT, 

See  "Health"  and  "Street 
Cleaning' ' under  sub-head- 
ing  — ‘ ‘ Commissioner  o f 

Street  Cleaning." 

Ords.,  Art.  14,  Sec.  107, 

829-830 

Carts,  Carters  and  Re- 
moval of  Garbage  and 
Street  Dirt, 

— carters,  neglect  of  to  re- 
move, penalty. 

Ords.,  Art.  25,  Sec.  42..  972 
— carts,  private,  sign,  bell  or 
horn  on,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  41..  971 
— cleanliness  of  carts,  re- 
quirements for. 

Ords.,  Art.  25.  Sec.  43..  972 
— collection  of  garbage; 
supervision  and  regula- 
tion of. 

Ords.,  Art.  36,  Sec.  2, 

1140-1141 

— covering,  tightness  of  carts. 

Ords.,  Art.  25,  Sec.  44..  972 

Ords.,  Art.  36,  Sec.  12..  1144 
— driving  regulations,  rules 
for  drivers. 

Ords.,  Art.  25,  Sec.  43..  972 
— drivers  to  use  care  in 
handling. 

Ords.,  Art.  25,  Sec.  45..  973 
— general  hauling, carts,  etc., 
for,  to  be  tight,  penalty. 

Ords.,  Art.  25,  Sec.  48, 

973-4 

— handling  garbage,  drivers 
to  use  care. 

Ords.,  Art.  25,  Sec.  45.  973 
— hauling,  generally,  carts 
to  be  tight,  penalty. 

Ords.,  Art.  25,  Sec.  48, 

973-4 

— insecure  or  overloaded 
vehicles  prohibited. 

Ords.,  Art.  25,  Sec.  46..  973 
— neglect  of  drivers,  police 
to  report. 

Ords.,  Art.  25,  Sec.  49..  974 


GARBAGE. 


GAS  COMPANIES. 


1421 


GARMENTS,  WEARING 
APPAREL,  ETC., 


Page 


Page 

GARBAGE,  Etc.— (Cont’d). 

Carts,  Carters,  Etc. — (Cont’d). 
— overloading  vehicles  and 
spilling  contents  pro- 
hibited. 

Ords.,  Art.  25,  Sec.  46..  973 
— penalties  imposed  for 
violations,  proviso. 

Ords.,  Art.  25,  Sec.  47..  973 
— permits  for  removal  of 
garbage. 

Ords.,  Art.  14,  Sec.  109,  830 
— police  to  report  neglect  of 
drivers. 

Ords.,  Art.  25,  Sec.  49.  974 
— private  carts,  sign,  bell  or 
horn  on,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  41..  971 
— removal  of  garbage,  penal- 
ty for  neglect  of  driver. 

Ords.,  Art.  25,  Sec.  42..  972 
— removal  of  garbage;  pro- 
visions relating  to. 

Ords.,  Art.  14,  Sec.  108,  830 
— specifications  for  carts. 

Ords.,  Art.  25,  Sec.  44..  972 
— spilling  offal  on  streets, 
drivers  to  remove. 

Ords.,  Art.  25,  Sec.  46..  973 
— stable  manure,  spilling  on 
streets,  penalty. 

Ords.,  Art.  25,  Sec.  47..  973 

Miscellaneous  Provisions, 

boxes  for;  placing  at  street 
corners  by  private  persons. 
Ords.,  Art.  36,  Sec.  10  ...1144 

dumps  for — burning  at  for- 
bidden, penalty. 

Ords.,  Art.  14.  Sec.  107, 

829-830 

final  disposition  authorized 
by  agreement  with  Mayor 
and  City  Council. 

Acts,  Sec.  §841u 545-546 

— receptacles  used  in,  to  be 
closed  and  covered. 

Acts,  Sec.  §841u 546 

— to  be  between  one  and  five 
o’clock  A.  M. 

Acts,  Sec.  §841u 547 

removal  of,  {See  ‘ '‘Street 
Cleaning."') 

rubbish,  litter,  etc.,  boxes 
for,  on  streets,  prohibited, 
penalty,  proviso. 

Ords.,  Art.  25,  Sec.  70....  980 


malicious  distruction  of. 

Acts,  Sec.  401 297 

GARMENT  WORKERS, 

See  ''‘Fire  Escapes'' 

GAS  AND  OILS,  ILLUMINA- 
TING, 

gas  of  inferior  quality;  penal- 
ty for  furnishing,  proviso. 

Ords.,  Art.  20,  Sec.  27,  902-3 

inspection  of,  {See  "Lamps 
and  Lighting, ' ' sub-title 
'‘'‘Assistant  Superintendent 
of.") 

Ords.,  Art.  20,  Secs.  24- 
30 901-03 

GAS  AND  WATER  PIPES, 

inspection  of  laying  of. 

Ords.,  Art.  35,  Sec.  10, 

1093-94 

GAS  BILLS  FOR  CITY 
LIGHTING, 

Superintendent  of  Lamps  and 
Lighting  to  certify  to. 

Ords.,  Art.  20,  Sec.  4 894 

GAS  COMPANIES, 

Anne  Arundel  County,  none 


to  be  formed  in,  except  in 
Annapolis. 

Acts,  Sec.  458 312 

Baltimore  County,  none  to  be 
formed  in. 

Acts,  Sec.  458 312 

candle  power  of  gas. 

Acts,  Sec.  462 312 

charters  annulled,  exception. 

Acts,  Sec.  460 312 

forming  of,  restricted. 

Acts,  Sec.  458 312 

illuminating  power  of  gas. 

Acts,  Sec.  462 312 

mains,  laying  of,  restricted. 

Acts,  Sec.  459 312 

— Superintendent  of  Lamps 
and  Lighting  to  super- 
vise. 

Ords.,  Art.  20,  Sec.  4....  894 


GAS  COMPANIES. 


GENERAL  POWERS. 


1422 


Page  I 

GAS  COMPANIES.— (Cont’d) . i 


note  case  cited 312 

overcharges  by,  prohibited. 

Acts,  Sec.  542 340 

price  of  gas. 

Acts,  Sec.  461 312 

purity  requirements  for  gas. 

Acts,  Sec.  462 312 

repair  of  street  surface  by. 

Ords.,  Art.  35,  Sec.  112, 


sale  of  gas. 

Acts,  Sec.  459.... 312 

testing  gas,  specifications  for. 

Acts,  Sec.  462 312 


trenches  of. 

Ords.,  Art.  35,  Sec,  111.1134 

GAS,  GASOLINE  AND 
STEAM  ENGINES  AND 
MACHINERY, 

See  ‘ Inspector  of  Buildings,  ’ ’ 
svb-title  '‘'Steam,  Gas  and 
Gasoline  Engines  and  Ma- 
chinery. ’ ’ 

Ords. , Art.  3,  Secs.  138-149 

652-657 

GAS  LIQUORS  AND  RE- 
FUSE, 

in  sewers,  prohibited;  pen- 
alty. 

Ords.,  Art.  33,  Sec.  25,  1074-5 

discharge  of, — in  harbor  pro- 
hibited; penalty. 

Ords.,  Art.  13,  Sec.  23....  782 

GAS  MAINS, 

report  to  City  Council  of 
number  of  feet  laid  annual- 

b"- 

Ords.,  Art.  20.  Sec.  4 894 

GAS  METERS, 

See  "Lamps  and  Lighting." 

Acts,  Secs.  541-543. ...339-340 

consumer  may  cause  same  to 
be  tested;  rule  governing 
such  tests. 

Acts,  Sec.  543 340 


Page 

GAS  METERS.  — (Cont’d). 

inspection  of. 

Ords.,  Art.  20,  Secs.  6- 

14 895-898 

installation  by  gas  companies 
required. 

Acts,  Sec.  541 339-340 

sealing,  etc.,  of  new  meters, 
fee;  penalty  for  use  with- 
out inspection. 

Ords.,  Art.  20,  Sec.  9 896 

GAS  PIPES,  ETC., 

u.se  of  streets  by. 

Acts,  Sec.  6 80 

GASOLINE,  NAPHTHA  AND 
BENZINE, 

See  "Fire  Regulations." 

cooking  purposes — regulating 
use  of,  for. 

Ords.,  Art.  11,  Sec,  77....  763 

lamps — change  to  gas,  by 
Superintendent  of  Lamps 
and  Lighting. 

Ords.,  Art.  20,  Sec.  5 895 

lamps  and  lighting,  use  for 
illumination. 

Ords.,  Art.  20,  Sec.  29  ...  903 

GAS,  SEWER  AND  WATER 

CONNECTIONS, 

permits  for. 

Ords.,  Art.  35,  Sec.  109, 

1133-34 

GAUGERS  OF  CASKS  AND 
LIQUORS, 

See  ‘ 'Inspections,  Weights 

and  Measures.  ’ ’ 

GAUGING, 

See  "Inspections,  Weights 
a?id  Measures.  ’ ’ 

GENERAL  ASSEMBLY, 

deaf,  dumb  and  blind.  Gov- 
ernor’s report  of  disburse- 
ment for. 

Acts,  Sec.  400 297 

GENERAL  POWERS, 

See  under  the  several  specific 
powers. 


GENERAL  REVISION. 


GRADE  LINES. 


Page 


1423 


Page 

GENERAL  REVISION  OF 
ASSESSMENTS, 

to  be  made  every  five  years. 

Acts,  Sec.  164A 181 

GEODETIC  AND  TOPO- 
GRAPHICAL SURVEYS, 

See  ‘ ‘ Topographical  Survey^  ’ ’ 
Ords.,  Art.  39, Secs. 1-11, 

1171-74 

GERMAN  NEWSPAPERS, 

publications  in  required. 

Ords.,  Art.  1,  Sec.  43......  585 

GERMAN  SOCIETY  OF 
MARYLAND, 


immigrants,  commutation 
money,  disbursement  of. 

Acts,  Sec.  528 335 

— penalties  for  misappropria- 
tion thereof. 

Acts,  Sec.  529 336 

GERMAN  STREET, 

vehicles;  stands  for  prohibited 

Ords,,  Art.  4,  Sec,  38 693 


GIFTS  OR  BEQUESTS  TO 
SPECIAL  POLICE  FUND, 

See  "‘Special  Police  Fund." 

GILMOR  STREET, 

cattle  driving  through,  pro- 
hibited, 

Ords.,  Art.  25,  Sec.  25....  967 

GOATS,  ETC.,  AT  LARGE, 

killing  and  seizure  by  an3’one 


lawful,  penalty  for  owner. 
Ords.,  Art.  25,  Sec.  9 963 

GOODS,  WARES  AND 
MERCHANDISE, 

auction  sales  of,  in  streets. 

Ords.,  Art.  2,  Sec.  2 589 

malicious  destruction  of. 

Acts,  Sec.  401 297 

GOVERNOR, 


Collector  of  State  Taxes — 
when  appointment  may  be 
made  by  Governor. 

Acts,  Sec.  56 


GO  VERNOR.— ( Cont  ’ d . ) 
deaf,  dumb  and  blind,  re- 
port to  General  Assembly 


of  disbursements  for. 

Acts,  Sec,  400 .297 

examining  engineers,  ap- 
pointment. 

Acts,  Sec.  426... 298 


GRADE  CROSSINGS, 

See  "Railroads  and  Rail- 


ways." 

railroad — safety  gates  at. 

Acts,  Sec.  791 488-9 

GRADED  LISTS, 

See  ‘ 'Police  Examiners,  ’ ’ 
and  "Teachers." 

Acts,  Sec.  101 155 


GRADE  LINES  OF  STREETS, 

See  "Health,"  "Streets  and 
City  Engineer,"  "Streets, 
Bridges  and  Highways" 
and  "Topographical  Sur- 
vey. ’ ’ 

building  permits  not  to  be 
issued  until  established. 

Ords.,  Art.  35,  Sec.  51..  .1109 


change  of,  general  po.wer. 

Acts,  Sec.  6 74 

City  Surveyor  to  fix  establish- 
ment and  changes  of. 

Ords.,  Art.  35,  Secs.  41- 
42 1105 


establishment  of — by  proper 
officer. 

Ords.,  Art.  35,  Sec.  50....1108 
— general  powers  of  city. 

Acts,  Sec.  6 74 

— notice  before  establishing. 

Ords.,  Art.  35.  Sec.  43.  .1106 

new  buildings  to  conform  to. 

Ords.,  Art.  35,  Sec.  52....1109 

penalty  for  building  in  viola-  , 
tion  of. 

Ords.,  Art.  35,  Sec.  53.  .1109 

private  alleys ; establishment 
of  lines. 

Ords.,  Art.  35,  >Sec.  45.... 

1106-1107 


131 


GRADES  AND  GRADE  LINES.  1424  GRADING  AND  PAVING. 


Page 

GRADES  AND  GRADE  LINES 
OF  STREETS, 

See  '‘"Health;"  Streets  and 
City  Engineer"  '‘"Streets, 
Bridges  and  Highways" 
and  ""Topographical  Sur- 
vey. ’ ’ 

Ords.,  Art.  39,  Sec.  1 

1171-1172 

alterations  of  grade  for  rail- 
road tracks. 

Acts,  Sec.  6 66 

appeals  from  decisions  of  City 
Engineer. 

Ords.,  Art.  35,  Sec.  47.... 

1107,  1108 

— bond  of  appellant. 

Ords.,  Art.  35,  Sec.  48. ...1108 
— expenses  of  appeal. 

Ords.,  Art.  35,  Sec.  49.. .1108 

GRADING,  PAVING,  ETC., 
STREETS, 

See  " "A  ssessments  ” “ City 

Collector;"  ""City  Regis- 
ter;" ""Comptroller;" 
""Streets  and  City  Engi- 
neer ;"  ""Streets.,  Bridges 
and  Highways ; ’ ’ “ Taxes  ’ ’ 
and  " " Topographical  Sur- 
vey. ’ ’ 

General  Provisions, 

advertisement  of  deposit  of 
proceedings. 

Ords.,  Art.  35,  Sec.  68 ..1116 

appeals  to  City  Court. 

Acts,  Sec.  6 75 

— to  Court  of  Appeals. 

Acts,  Sec.  6 76 

assessments  for  cost  of 
work. 

Acts,  Sec.  6 75 

Ords.,  Art.  35,  Sec.  74.1119 
— under  general  ordinance. 

Acts,  Sec.  6 77 

contractors ; payment  of  for 
work  of. 

Ords.,  Art.  35,  Sec.  75 

1119,  1120 


decisions  relating  to. 

foot-note 75 

general  ordinance  for. 

Acts,  Sec.  6 76 


Page 

GRADING,  — Etc.— (Cont’d). 
General  Provisions. — (Cont’d). 
inspection  of  work  by  City 
Engineer. 

Ords.,  Art.  35,  Sec.  10 

1093-1094 

Jones’  Falls  improvements. 

Acts,  Sec.  6 60 

notice  of  levy  of  tax. 

Ords.,  Art.  35,  Sec.  76  ..1120 

on  application  o f owners 
under  general  ordinances. 

(^See  this  title  under  " "Streets 
and  City  Engineer"'). 

Acts,  Sec.  6 76 

Ords.,  Art.  35,  Secs.  54- 
61 1110-1112 

owners  liable  for  tax  for. 

Ords.,  Art.  35,  Sec.  74 ..1119 

private  alleys  in  state  of 
nuisance. 

Ords.,  Art.  35,  Sec.  45 

1106-1107 

special  ordinances  for. 

{See  ""Streets  and  City 
Engineer  ’ ) . 

Ords.,  Art.  35,  Secs.  89- 

100 1125-1130 

Acts,  Sec.  6 75 

— hearing  before  passing 
same. 

Acts,  Sec.  6 75 

— notice  before  passing 
same. 

Acts,  Sec.  6 75 

tax  for  collection  of. 

Ords.,  Art.  35,  Secs.  75, 

76 1119-1120 

— list  of  owners  liable  for. 

Ords.,  Art.  35,  Sec.  75.1119 
void  ordinances ; refund  of 
assessments  under. 

Ords.,  Art.  35,  Sec.  97. .1129 

In  Annex  by  Owners, 

— assessments  for ; account- 
ing of  moneys  from. 

Ords.,  Art.  35,  Sec.  721117 
— bond  of  owners  to  indem- 
nify city. 

Ords.,  Art.  35,  Sec.  73 

....1118-1119 

— cross  streets  ; paving  by 
city  required. 

Ords.,  Art.  35,  Sec.  731118 


GRATUITIES. 


GRADING  AND  PAVING.  1425 


Page 

GRADING,  Etc.— (Cont’d). 

In  Annex  by  Owners. — (Cont’d). 
— fund  created  by  Act  1904, 
ch.  274. 

Ords.,  Art.  35,  Sec.  72  1117 
— m i n i m u m area  to  be 
paved. 

Ords.,  Art.  35,  Sec.  731118 
— selection  of  paving  by 
owners. 

Ords.,  Art.  35,  Sec.  731118 
— uniformity  required  in. 

Ords.,  Art.  35,  Sec.  731118 

In  Annex  on  Application  of 
Owners, 

— appeals  from  assessments 
for. 

Ords.,  Art.  35,  Sec.  681116 
— application  of  owner; 
when  Mayor  maj^  sign. 

Ords  , Art.  35,  Sec.  641113 
— applications  of  owners  who 
mav  sign. 

Ords.,  Art.  35,  Sec.  641113 
— deposit  of  proceedings. 

Ords.,  Art.  35,  Sec.  68  1116 
— assessments ; City  Court 
to  review. 

Ords.,  Art.  35,  Sec.  701116 
— collection  of. 

Ords.,  Art.  35,  Sec.  71  ..1117 
— correction  of. 

Ords.,  Art.  35,  Sec.  67. .1115 
— hearing  for  review  of. 

Ords.,  Art.  35,  Sec.  67  ..1115 
— li.st  of  own-ers  assessed. 

Ords.,  Art.  35,  Sec.  67  ..1115 
— review  of. 

Ords.,  Art.  35,  Sec.  70  ..1116 
— transfer  of  to  City  Collector. 
Ords.,  Art.  35,  Sec.  71.1117 
— benefits  assessed ; to  be 
lien. 

Ords.,  Art.  35,  Sec.  66.1115 
— lien  of. 

Ords.,  Art.  35,  Sec.  67.1116 
— when  payable. 

Ords.,  Art.  35,  Sec.  71  ..1117 
— in  paving  in  annex;  de- 
ferring payment  of. 

Ords.,  Art.  35,  Sec.  66.1114 
— Commissioners  for  Open- 
ing Streets;  powers  of. 

Ords.,  Art.  35,  Sec.  62 

1112-1113 

— cross  streets ; city  to  pa}' 
cost  of. 

Ords.,  Art.  35,  Sec.  651114 


Page 

GRADING,  Etc.— (Cont’d). 

In  Annex  on  Application  of 
Owners. — (Cont’d) . 

— front  foot  rule  to  govern 
assessments. 

Ords.,  Art.  35,  Sec.  621113 
notice  of  application  of 
. owners. 

Ords.,  Art.  35,  Sec.  63  1113 
— assessment. 

Ords.,  Art.  35,  Sec.  69  1116 

— review  ; advertisement  of. 

Ords.,  Art.  35,  Sec.  671115 
— owners  may  request ; duty 
of  commissioners. 

Ords.,  Art.  35,  Sec.  62 

1112-1113 

— sidewalks,  cost  of. 

Ords.,  Art.  35,  Sec.  62  ..1113 
— tax  pro  rata  with  front 
feet  against  owners. 

Ords.,  Art.  35,  Sec.  65  1114 

GRAIN  BROKERS, 

license  for. 

Acts,  Sec.  694  424 

GRAND  JURY, 

See  ^'‘furors.'' 

361 

investigation  of  facilities  for 
egress  and  exit  from  build- 
ings of  public  assemblage. 

Acts,  Sec.  280  252 

licenses ; Sheriff  to  furnish 
list. 

Acts,  Sec.  701 427-428 

presentment  to  be  endorsed 
with  name  of  prosecuting 
witness. 

Acts,  Sec.  343 279 

witnesses,  how  sworn. 

Acts,  Sec.  339 278 

GRANTS  AND  FRANCHISES, 

See  "‘Franchises.'''' 

GRASS  OR  SHRUBBERY, 

trespass  on;  police  regula- 
tions. 

Ords.,  Art.  25,  Sec.  60....  977 

GRATUITIES, 

See  "Police  Commissioners.''^ 


GRAVES. 


1426  HACKNEY  CARRIAGES. 


Page 

GRAVES, 

See  ''Health.'''’ 

Ords.,  Art.  14,  Sec.  113..  831 

depth  of  in  Potter’s  Field;pen- 
alty. 

Ords,,  Art.  14,  Sec.  136 

838-839 

GREEN  SPRING  AVENUE 
ROAD, 

city  to  assume  jurisdiction  of. 


Acts,  Sec.  6 63 

deed  for. 

Acts,  Sec.  6 64 

to  keep  in  repair. 

Acts,  Sec.  6 63 

vehicles  on. 

Acts,  Sec.  6 63 


GROCERS, 

liquors;  sales  by.  {See  " Liq- 
uor Licenses.''’') 

GROUND  RENTS, 

sinking  fund,  monies  of  in- 
vested in. 

Ords.,  Art.  34,  Sec.  16. .1082 

GROUNDS  FOR  ICE  PONDS, 

use  of  prohibited  without 
permit  from  the  Commis- 
sioner of  Health. 

Ords.,  Art.  14,  Sec.  116..  832 

GUARDIANS, 

property  in  hands  of ; Reg- 


ister of  Wills  to  report. 

Acts,  Sec.  168 183 

GUNPOWDER, 

See  "Fire  Regulations.'''’ 
storage  of. 

Acts,  Sec.  6 50 

GUNPOWDER  FALLS, 

introduction  of  water  from. 

Acts,  Sec.  6 92 

GUTTERS, 

See  "Buildings.'''’ 


cleaning  to  be  done  by  owner 
or  occupier  of  fronting 
property  ; penalty. 

Ords.,  Art.  25,  Sec.  51  ..  974 


Page 

GUTTERS.— (Cont’d). 
flushing  of. 

Ords.,  Art.  40,  Sec.  16 

1182-1183 

Gutters  and  Spouting, 

— penalty  for  failure  to  pro- 
vide, on  buildings. 

Ords.,  Art.  3,  Sec.  8 ....  602 
— ice  and  snow,  removal  from. 
Ords,  Art.  25,  Sec.  76 

983-984 

Ords.,  Art.  36, Sec.  15  ..1145 
— obstruction  of,  by  articles  of 
trade  or  business,  pen- 
alty, proviso. 

Ords.,  Art.  25, Sec.  67  ..  979 

Plates  For, 

— weight  to  be  stamped  on. 

Ords.,  Art.  35,  Sec.  10....1094 
—cases  cited. 

Note 1094 

water  from,  not  to  be  thrown 
in  streets;  penalty. 

Ords.,  Art.  25,  Sec.  50..  974 

HACKNEY  CARRIAGES 
AND  COACHES, 

See  "Licenses"  and  "Vehi- 
cles.” 

appeals  in  cases  involving  re- 
covery of  penalties  relating 
to. 

Acts,  Sec.  289 256 

bond  to  stay  execution. 

Acts,  Sec.  289 256 

jury  trial  of  appeals. 

Acts,  Sec.  289 256 

collection  of  penalties  relating 
to;  appeal  provided. 

Acts,  Sec.  288 256 

defined. 

Acts,  Sec.  6 47 

drivers  to  inform  passengers 
of  number  and  fare;  pen- 
al t}^ 

Acts,  Sec.  283 254-255 

extortion  by  drivers;  penalty. 

Acts,  Sec.  284 255 

informer  to  receive  half  fine. 

Acts,  Sec.  286 256 


HACKNEY  CARRIAGES.  1427  HARBOR,  DOCKS,  ETC. 


Page  I 

HACKNEY  CARRIAGES 
AND  COACHES.— (Cont’d). 

license  and  numbers  for. 

Ords.,  Art.  41,  Secs. 

75-84  1223-27 

not  using  public  stands. 

Acts,  Sec.  285 255 

number  of  to  be  displa}’ed. 

Acts,  Sec.  282 254 

owner  to  report  increase  of 
number  operated. 

Acts,  Sec.  287 256 

penalties  for  violations  relat- 
ing to. 

Acts,  Sec.  282.  .. 254 

Acts,  Sec.  283  254-255 

Acts,  Sec.  284 255 

Acts,  Sec.  286 256 

Acts,  Sec.  287 256 

Acts,  Sec.  288  256 

pow'er  to  license.  ' 

Acts,  Sec.  6 47  i 

— to  regulate.  * j 

Acts,  vSec.  6 47 


Page 

HAUBERT  STREET  WHARF, 

See  '’'‘Ferries." 

HAND  ORGANS, 

street  pianos,  etc.,  not  to  play 
after  10.30  P.  M.;  penalty. 
Ords.,  Art.  25,  Sec.  ill,  995 

HANOVER  MARKET, 

provisions  relating  to. 

Ords.,  Art.  23,  Secs. 
86-89 944-945 

HANOVER  STREET, 

vehicles;  stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  33....  691 

HARBOR  BOARD, 

See  "Harbor,  Docks  and 
Wharves.  ’ ’ 

Ords.,  Art.  13,  Sec.  1...  772 
Harbor  Engineer;  duties. 


Acts,  Sec.  88 148 

— to  be  president  of. 

Acts,  Sec.  88 147 


rates  of  fare  chargeable  by 
owners;  proviso, 

Acts,  vSec.  281 253-254 

— to  be  fixed  b}’  Board  Police 
Commissioners. 

Acts,  Sec.  281 253 

special  licenses — applications 
for;  contents  of  application; 
penalty. 

Acts,  vSec.  287 256 

— when  applicable. 

Acts,  Sec.  285 255 

— restrictions  in  relation  to 
such  licenses;  penalty. 

Acts,  vSec.  286 255-256 

HACKS,  CABS,  GIGS,  SUL- 
KEYS  AND  CARRYALLS, 

See  ‘ 'Hackney  Carriages  and 
Coaches''  and  "Vehicles." 

HALLS, 

of  schools— renting  Eastern 

and  Western  High  School  | 
Halls.  ! 

Ords.,  Art.  32,  Secs.  2-3..1044  | 

over  market  houses — balls  or 
soirees  not  to  be  held  in . 

Ords.,  Art.  23,  vSec.  11....  922 


harbor,  wharves,  and  navi- 
gable waters,  to  have  charge 
of. 

Acts,  Sec.  88 147 

Public  Improvements,  De- 
partment of;  board  member 
of. 

Acts,  Sec.  84 143 

subordinates;  appointment  of 
by  Harbor  Engineer;  board 
to  approve  appointments. 

Acts,  Sec.  88 147 

HARBOR,  DOCKS  AND 
WHARVES, 

Anchorages, 

— No.  1;  limits  of. 

Ords.,  Art.  13,  vSec.  5....  773 
— No.  2;  limits  of. 

Ords.,  Art  13,  Sec.  6....  774 
— No.  3;  limits  of. 

Ords.,  Art.  13,  vSec.  7....  774 
— No.  4;  limits  of. 

Ords.,  Art,  13,  Sec.  8....  774 
— Nos.  1,  2,  3 and  4 to  be 
marked  by  buoys  by 
Harbor  Board. 

Ords.,  Art.  13,  vSec.  4....  773 


HARBOR,  DOCKS,  KTC.  1428  HARBOR.  DOCKS,  ETC. 


Page 

HARBOR,  DOCKS,  Etc.(— Cont’d). 
Anchorages. — (Conf  d) 

— regulations  for  use  of. 

Ords.,  Art.  13.  Sec.  9....  775 
— vessels  within  not  to  ob- 
struct passage  of  other 
vessels;  removal;  penal- 
ty- 

Ords.,  Art.  13,  Sec.  9....  775 
— vessels  within  to  show 
white  light  between  sun- 
set and  sunrise. 

Ords.,  Art.  13,  Sec.  9....  775 

ashes  from  tow-boats;  re- 
moval of;  disposal  of. 

Ords.,  Art.  13,  Sec.  26...,  783 

Assistant  Harbor  Masters — 
accounts  of. 

Ords.,  Art.  13,  Sec.  15, 

777-778 

— appointment  of  ;compensa- 
tion. 

Ords.,  Art.  13,  Sec.  2 

772-773 

— collection  for  dockage  and 
wharfage  made  by. 

Ords.,  Art.  13,  Sec.  15 

777-778 

— expenses  of. 

Ords.,  Art.  13,  Sec.  15 

777-778 

bills  of  lading — vessels  load- 
ing to  furnish. 

Ords.,  Art.  13,  Sec.  18 

779-780 

bulkhead  and  pierhead  lines, 
limits  of. 

Ords.,  Art.  13,  Sec.  10....  775 

cleaning  docks — notice  from 
Commissioner  of  Health; 
penalty;  expenses. 

Ords..  Art.  13,  Sec.  22....  781 
— removal  of  deposits  from 
docks. 

Ords.,  Art.  13,  Sec.  21  ...  781 

Dockage  and  Wharfage, 

— vessels  subject  to  payment 
of;  to  show  license. 

Ords.,  Art.  13,  Sec.  18 

779-780 

— daily  collection  of;  dues 
for. 

Ords..  Art.  13,  Sec.  15 

777-778 


Page 

HARBOR,  DOCKS,  Etc.— (Cont’d). 
Dockage,  Etc. — (Cont’d). 

— rates  per  diem  for. 

Ords.,  Art.  13,  Sec.  16  778 
— to  be  paid  by  vessels  load- 
ing; penalty  for  non- 
payment. 

Ords.,  Art.  13,  Sec.  18 

779-780 

— vessels  required  to  pay 
same;  penalty. 

Ords.,  Art.  13,  Sec.  18 

779-780 

Docks, 


—authority  of  Harbor  Mas- 
ter, when  to  be  exer- 
cised. 

Acts,  Sec.  468 314 

— City  Dock,  improvement 
of. 

Acts,  Sec.  467 314 

— docks,  obstruction  of,  pen- 
alty. 

Acts,  Sec.  469 315 

— Harbor  Master,  when  to 
remove  vessels. 

Acts,  Sec.  468 314 

— made  land,  city’s  title  to. 

Acts,  Sec.  467 314 

— notice  to  obstructing  ves- 
sels. 

Acts,  Secs.  469-470 315 

— obstructing  vessels  at 
docks,  penalty. 

Acts,  Sec.  468 314 

— obstructing  docks, penalty. 

Acts,  Secs.  469-470 315 

— penalties,  recovery  of. 

Acts,  Sec.  471 316 


— violation  of  permits  to 
enter  docks. 

Ords.,  Art.  13,  Sec.  33..  785 
— permits  to  enter. 

Ords.,  Art.  13,  Sec.  33..  785 
— penalty  for  violating  re- 
quirements of. 

Ords.,  Art.  13,  Sec.  33..  785 
— police,  powers  of. 

Acts,  Secs.  468-470.. ..314-15 
— private  docks;  entering, 
penalty. 

Acts,  Sec.  469 315 

fines  and  penalties — collec- 
tion of. 

Ords.,  Art.  13,  Sec.  35....  786 
— for  breach  of  ordinances. 

Acts,  Sec.  6 52 


HARBOR.  DOCKS.  ETC.  1429  HARBOR,  DOCKS,  ETC. 


Page 

HARBOR,  DOCKS,  Etc.— (Cont’d). 

gang  planks,  provisions  relat- 
ing to;  penalty. 

Ords.,  Art.  13,  Sec.  28.... 

783,  784 


general  powers. 

Acts,  Sec.  6 51 

Harbor, 

— alteration  of  wharves. 

Acts,  Sec.  463 313 

— basin,  obstruction  of. 

Acts,  Sec.  463 313 

— channel,  diverting. 

Acts,  Sec.  463 313 

— demolition  of  wharves  by 
city. 

Acts,  Sec.  464  313 

— extension  of  wharves,  con- 
sent of  Board. 

Acts,  Sec.  463 313 

— fees  of  Harbor  Master. 

Acts,  Sec.  465 313 

— foreign  vessels,  charges 
on. 

Acts,  Sec.  465 313 

— Harbor  Master,  fees  of. 

Acts,  Sec.  465 313 

— penalty  for  obstruction  or 
injury  to. 

Acts,  Sec.  464 313 

— private  wharves,  vessels 
at. 

Acts,  Sec.  470 315 

— recovery  of  charges  on 
foreign  vessels. 

Acts,  Sec.  466 313 

— title  of  city  to  made  land. 

Acts,  Sec.  467 314 

— vessels  defined. 

Acts,  Sec.  470  315 

— vessels  obstructing  docks, 
etc. 


Acts,  Secs.  468-70 314-15 

— vested  rights  not  disturb- 


ed. 

Acts,  Sec.  467  314 

— to  direct  Harbor  Engineer. 

Ords.,  Art.  13,  Sec.  1 772 


— to  mark  anchorages, Nos.  1, 

2,  3 and  4,  by  buoys. 

Ords.,  Art.  13,  Sec.  4 773 

— work  of  contractors;  Board 
to  supervise. 

Ords.,  Art.  13,  Sec.  3 773 


Page 

HARBOR,  DOCKS,  Etc.— (Cont’d). 
Harbor  Engineer. 


duties  of,  oath  and  bond  of. 

Ords.,  Art.  13,  Sec.  1 772 

— subordinates;  duties, 
oaths  and  bonds  of. 

Ords.,  Art.  13,  Sec.  1 772 


Harbor  Master, 

— accounts  of;  expenses  of. 

Ords.,  Art.  13,  Sec.  15  ... 

777,  778 

— berths  for  vessels  ; to  keep 
free  passage  in  docks. 

Ords.,  Art.  13,  Sec.  33....  785 
— daily  collection  of  dues 
for  dockage  and  wharf- 
age by. 

Ords.,  Art.  13,  Sec.  15.... 

777,  778 

— goods  on  wharves — remov- 
al of. 

Ords.,  Art.  13,  Sec.  17.... 

778,  779 

— penalty  for  interfering 
with . 

Ords.,  Art.  13,  Sec.  35....  786 
— to  fix  wharf  and  pier  regu- 
lations. 

Ords.,  Art.  13,  Sec.  30....  784 
—time  of  vessels  at  wharves. 

Ords.,  Art.  13,  Sec.  16....  778 

Ice  Boat, 


— accounts  of. 

Acts,  Sec.  485 319 

— annual  report  on. 

Acts,  Sec.  485 319 

— commerce,  use  in  aid  of. 

Acts,  Sec.  483 318 

— Comptroller  of  Treasury — 
report  on  to. 

Acts.  Sec.  485 319 

— control  of  by  Harbor 
Board. 

Acts,  Sec.  480 318 

— crew  of. 

Acts,  Sec.  481 318 

— expenses  of. 

Acts,  Sec,  484 319 

— ice,  removal  of  by. 

Acts,  Sec.  485 319 

— maintenance  of. 

Acts,  Sec.  480 318 

— officers  of. 

Acts,  Sec.  481 318 


— operations  of  iceboat,  an- 
nual report  on. 

Acts,  Sec.  485 


319 


HARBOR  AND  DOCKS. 


1430  HARBOR  AND  DOCKS. 


Page 

HARBOR,  DOCKS,  Etc.— (Cont’d). 
Ice  Boat. — (Cont’d). 

— rates  of  towage,  etc.,  of 


vessels. 

Acts,  Sec.  483 318 

— receipts  of  iceboat,  appli- 

cation of. 

Acts,  Sec.  483 318 

— relief  of  vessels. 

Acts,  Sec.  482 318 


•obstructions  in  harbor — re- 
moval sunken  vessels;  costs 
of ; penalty, 

Ords.,  Art.  13,  Sec.  19....  780 

obstructions  to  navigation — 
penalty  for  setting  same 
adrift. 

Ords.,  Art.  13,  Sec.  20....  781 
— provisions  relating  to; 
penalty  for  violation. 

Ords.,  Art.  13,  Sec.  20  ... 

780,  781 

— securing  and  sale  of,  by 
Harbor  Board. 

Ords.,  Art.  13,  Sec.  20....  780 
— vessels  not  to  obstruct 
other  vessels ; penalty. 

Ords.,  Art.  13,  Sec.  32....  785 

pollution — and  obstruction  of 

harbor  and  basin.  | 

Acts,  Sec.  6 51,  52  I 

—of  harbor;  gas  liquors  not  J 
drain  into  harbor  ; penal-  i 

ty.  ; 

Ords.,  Art.  13,  Sec.  23....  782  | 
— of  Patapsco  River  ; provi-  j 
sions,  relating  to ; penal- 
ty for  violation  of.  | 

Ords.,  Art.  13,  Sec.  24.  ..  782  i 

power  to  clean  and  deepen 

basin,  docks  and  harbor.  1 

Acts,  Sec.  6 51,  52 

Private  Wharves,  . 

— owners  of  to  be  given 
notice  to  repair  or  rebuild. 

Ords.,  Art.  13,  Sec.  12.... 

776,  777 

— repair  of. 

Ords.,  Art.  35,  Sec.  84....1122 
— when  Harbor  Board  shall 
repair  ; penalty. 

Ords.,  Art.  13,  Sec.  12.... 

776,  777 


Page 

HARBOR,  DOCKS,  Etc.— (Cont’d). 
public  wharves — Harbor 
Board  to  repair  and  rebuild 
same. 

Ords.,  Art.  13,  Sec.  12.... 

776,  777 

rigging  of  vessels — regula- 
tion of ; penalty. 

Ords.,  Art.  13,  Sec.  34....  786 

Speed  of  Vessels, 

— regulation  of  ; penalty  for 
violations. 

Ords.,  Art.  13,  Sec.  29....  784 

sunken  vessels  ; removal  of  ; 
costs  of  removal ; penalty. 
Ords.,  Art.  13,  Sec.  19....  780 

surveys  and  charts  of. 

Acts,  Sec.  6 51 

swimming  in  harbor  ; penalty 
for  indecent  exposure. 

Ords.,  Art.  13,  Sec.  25....  782 

vessels — speed  of  regulated  ; 
penalty. 

Ords.,  Art.  13,  Sec.  29  ...  784 

Wharves  and  Piers, 

—extension  of  without  per- 
mit, prohibited;  penaltv. 
Ords.,  Art.  13,  Sec.  11.'...  776 
— goods  on  to  be  removed  on 
order  of  Harbor  Master, 
Ords.,  Art.  13,  Sec.  17.... 

778.  779 

— use  of  wharves  facilitated; 
obstruction  of  prohibited; 
penalty. 

Ords.,  Art.  13,  Sec.  30....  784 

Wharves  and  Wharfage, 

— charges  for  wood  on  State 


wharves. 

Acts,  Sec.  479 317 

— collection  of  wharfage  by 
city. 

Acts,  Sec.  476 317 

— cord  wood,  excessive 
wharfage  on,  penalty. 

Acts.  Sec.  477 317 

— cord  wood,  on  Pratt  .street 
wharf. 

Acts,  Sec.  473. 


316 


HAY  AND  STRAW. 


HARBOR.  DOCKS,  ETC.  1431 


Page 

HARBOR,  DOCKS,  Etc.— (Cont’d). 
Wharves,  Etc. — (Cont’d). 

— cord  wood,  on  State 
wharves. 

Acts,  Sec.  478 317 

— cord  wood,  wharfage  on. 

Acts,  Sec.  477 317 

—fruits,  fish  and  vegetables 
to  be  removed  when  a 
nuisance  ; penalty, 

Ords.,  Art.  13,  Sec.  13  ...  777 
— informer,  fines  to. 

Acts,  Sec.  473 316 

“ “ 477 317 

— ^Justices  of  the  Peace  to  re- 
turn fines  to  State  Treas- 
urer. 

Acts.  Sec.  475 316 

— lumber  and  wood  on  Pratt 
street  wharf,  penalty. 

Acts,  Sec.  472 316 

— Pratt  st.,  wharf,  regula- 
tions of  lumber  and  wood. 

Acts,  Sec.  472 316 

— rates  of  wharfage. 

Ords.,  Art.  13,  Sec.  17.  .. 

778-79 

— for  goods  reshipped. 

Ords.,  Art.  13,  Sec.  17  ... 

778-79 


— recovery  of  fines. 

Acts,  Sec.  474 316 

— regulations  of  public 
wharves. 

Acts,  Sec.  476 317 

— return  by  Justices  of  the 
Peace  to  State  Treasurer 
of  fines. 

Acts,  Sec.  475 316 

— lime  ves.sels  remain  at 
wharves. 

Acts,  Sec.  478 317 

— Tobacco  Inspector’s  per- 
mission to  land  wood  on 
State  wharves. 

Acts,  Sec.  478 317 

— Tobacco  Inspector,  fees  of. 

Acts,  Sec.  479 317 


— unclaimed  merchandise 
and  perishablearticleson. 

Ords..  Art.  13,  vSec.  13....  777 
— vessels  at  wharves,  retail- 
ing from. 

Ords.,  Art.  13,  Sec.  31.... 

784-785 

— wharfage  charges. 

Acts,  Sec.  476 317 

— wood  on  State  wharves. 

Acts,  Sec.  478 


Page 

HARBOR  ENGINEER, 

See  "‘Harbor,  Docks  and 
Wharves.  ’ ’ 

Ords.,  Art.  13,  Sec.  1 772 


qualifications,  salary. 

Acts,  Sec.  88 147 

subordinates  of  Water  Board ; 
appointment  of  and  com- 
pensation. 

Acts,  Sec.  88 148 

HARBOR  MASTER, 

See  "Harbor,  Docks  and 
Wharves.  ’ ’ 

Acts,  Sec 313 

Ords.,  Art.  13,  Sec.  2 

772,  773 

appointment  of. 

Acts,  Sec.  6 52 

Sec.  34 Ill 


violation  of  quarantine  regu- 
lations ; report  of  by. 

Ords.,  Art.  14,  Sec.  178..  858 

HAWKERS,  HUCKSTERS 

AND  PEDDLERS, 

See  ‘ '‘Justices  of  the  Peace.  ’ ’ 

fruits  and  vegetables.  {See 
‘ ‘ Street  Venders  ’ L icenses,  ’ ’ 
under  Licenses.  ’ ’ ) 

license  of. 

Acts,  Sec.  6 61 

HAWKING  GOODS, 

in  streets — unlawful  after  ten 
o’clock,  p.  m.,  penalty. 

Ords.,  Art.  25,  Sec.  91.... 

988-9 

HAY  AND  STRAW, 

See  ‘ ‘ / nspections.  Weights  and 
Measures.  ’ ’ 

keeping  for  sale,  buildings 
for,  penalty. 

Ords.,  Art.  11,  Sec.  61.... 

756-7 

sale  of. 

Ords.,  Art.  17,  Sec.  1..  . 875-6 

weighing  and  inspection  of. 

{See  ‘ '‘Inspections,  Weights 
and  Measures."') 


317 


HAY  SCALES. 


health. 


1432 


Page 

HAY  SCALES, 


storage  charges  at  State  hay 
scales. 

Acts,  Sec.  562. 346 

HEADS  OF  DEPARTMENTS, 

authority  to  pass  rules  and 
regulations. 

Acts,  Sec.  31 108 

estimates  to  Board  of  Esti- 
mates. 

Acts.  Sec.  36 114 

Finance,  Department  of. 

Acts,  Sec.  32 110 

meetings  of  boards  composing 
heads  of  departments. 

Acts,  Sec.  31 108 

minority  membership  of 
bodies  forming. 

Acts,  Sec.  30 107 

participation  in  discussions  in 

First  Branch. 

Acts,  Sec.  29 107 

power  to  appoint  subordinates 

Acts,  Sec.  28 107 

privilege  of  floor  in  First 
Branch. 

Acts,  Sec.  29 107 

privileges  of  presidents  of 
boards. 

Acts,  Sec.  29 107 

reports  to  Mayor. 

Acts,  Sec.  24 104 

tenure  of  office. 

Acts,  Sec.  27 107 


HEALTH, 

See  '‘''Commissioner  of 
Health;"  ""Licenses;" 

‘ ''Nuisances;''  ’ ‘ ''Privies;  ’ ’ 

‘ 'Quarantine  Ho  spit  at" 
and'  ‘ Tenement  and  Lodging 
Houses.  ’ ’ 

General  Provisions. 

ashes  and  sand,  deposit  of,  in 
streets,  prohibited,  penalty, 
proviso. 

Ords.,  Art.  25,  Sec.  37,  970 


Page 

HEALTH.— (Cont’d). 

General  Provisions. — (Cont’d). 
— in  streets,  police  r e g u 1 a- 
tion. 

Ords.,  Art.  25,  Secs. 
37-38  970-971 

Assistant  Commissioner  of, 
duties  of. 

Ords.,  Art.  14,  Sec.  4,  797 
— one  to  be  designated  Quar- 
antine HospitalPhj^sician . 
Ords  , Art.  14,  Sec.  4,  797 
— Assistant  Medical  Examin- 
er, duties  of, 

Ords.,  Art.  14,  Sec.  3,  797 

badges  for  health  officers, 
form  and  character  of. 

Ords.,  Art.  14,  Sec.  7,  798 
— to  be  worn  on  duty. 

Ords.,  Art.  14,  Sec.  6,  798 
— unauthorized  use,  penalty. 

Ords.,  Art.  14  Sec.  8,  798 

bones,  dealing  in  allowed, 
proviso. 

Ords.,  Art.  14,  Sec.  92,  825 

boxes  for  garbage,  rubbish, 
etc.,  on  streets,  prohibited, 
penalty,  proviso. 

Ords.,  Art.  25,  Sec.  70,  980 

burial  permits,  provisions  re- 
lating to. 

Ords.,  Art.  14,  Sec.  184,  860 

cargoes  infected  with  disease- 
landing  in  city  prohibited, 
cleaning  of  vessel,  penalty. 
Ords.,  Art.  14,  Sec.  166, 

..850-851 

cellars,  entrance  to,  not  to  be 
denied  Commissioner  of 
Health,  penalty. 

Ords.,  Art.  14,  Sec.  93,  826 
— filling  up  same  when  in  state 
of  nuisance. 

Ords.,  Art.  14,  Sec.  94,  826 
— regulation  of. 

Acts,  Sec.  6 53 

cess-pools,  drainage  of. 

Ords.,  Art.  14,  Sec.  145, 

841-842 

— permits  to  empty. 

Ords.,  Art.  14,  Sec.  144,  841 


health. 


health. 


Page 


1433 


Page 

HEALTH.— (Cont’d). 

General  Provisions. — (Cont’d). 
chemical  laboratories — e r e c- 
tion,  consent  of  city  re- 
quired. 

— prevention  of  erection  of  by 
ordinance. 

Acts,  Sec.  493 321 

children  ’ s playgrounds — Chil- 
dren’s Playground  Associa- 
tion. 

— contracts  for  establishing. 

— United  Women  of  Mary- 
land. 

Acts,  Sec.  §493a, 321 

dangerous  and  unhealthy  sub- 
stances in  streets,  penalty, 
proviso. 

Ords.,  Art.  25,  Sec.  69,  980 

dead  bodies — burial  within  4 
day  s — required,  penalty, 
proviso. 

Ords.,  Art.  14,  Sec.  194,  864 

— duties  of  companies  trans- 

porting, penalty. 

Ords.,  Art.  14,  Sec.  187,  861 
— permits  for  conveyance  of. 

Ords.,  Art.  14,  Sec.  187,  861 

deposits  of  dirt, ice  sand,  snow, 
on  Park  Avenue,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  38,  971 

digest  of  decisions  of  Court  of 
Appeals  relating  to. 

note 53-57 

docks  - cleaning  of,  when  in 
state  of  nuisance. 

Ords.,  Art.  13,  Sec.  22,  781 

docks  or  wharves— infected 
articles  not  to  be  landed  at. 

Ords.,  Art.  14,  vSec.  15,  801 

drain  pipes,  breach  of  permits 
for;  penalty. 

Ords.,  Art.  14,  Sec.  131,  837 

Ibid.,  Sec.  134 838 

— not  to  be  put  into  city  wells; 
penalty. 

Ords.,  Art.  14,  Sec.  151,  843 
— permits  for,  to  be  obtained 
from  Commis.sioner  o f 
Health. 

Ords.,  Art.  14,  Sec.  130,  837 


HEALTH.— (Cont’d). 

General  Provisions. — (Cont’d). 
— V iolation  of  provisions; 
penalty. 

Ords,,  Art.  14,  Sec.  134,  838 

drainage — low  grounds  to  be 
filled  up. 

Ords.,  Art.  14,  Sec.  94,  826 
— owners  of  buildings  to  pro- 
vide for. 

Ords.,  Art.  14,  Sec.  150,  843 
— of  ice  ponds,  penalty  for 
neglect. 

Ords.,  Art.  14,  Sec.  117 
118 832 

expectoration,  notice  forbid- 
ding, to  be  posted. 

Ords.,  Art.  14,  Sec.  102,  828 
— in  public  buildings,  street 
cars.  etc. 

Ords.,  Art.  14,  Sec.  101,  828 
— receptacles  for  to  be  pro- 
vided, cleaning  of. 

Ords.,  Art.  14,  Sec.  103,  828 
— violation  of  provisions, 
penalty. 

Ords.,  Art.  14,  Sec.  104,  829 

fines  and  penalties — recovery 
and  accounting. 

Ords.,  Art.  14,  Sec.  203,  867 

fish  cleaning  and  keeping; 
police  regulations. 

Ords.,  Art.  25,  Secs.  39 

40 971 

— cleaning  near  pumps  and 
fountains  prohibited; 
penalty. 

Ords.,  Art.  25,  Sec.  39,  971 

— to  be  kept  under  roof, 
penalty. 

Ords.,  Art.  25,  Sec.  40,  971 

general  powers. 

Acts,  Sec.  6 53 

graves,  depth  of,  penalty 
for  violation. 

Ords.,  Art.  14,  Sec.  113,  831 

gutters — flushing  required. 

Ords.,  Art.  40,  Sec.  16, 

1182-1183 

— police  regulations, 

Ords.,  Art.  25,  Secs.  50 
51 974 


HEAI^TH. 


HEALTH. 


1434 


Page 

HEALTH.— (Cont’d). 

General  Provisions. — (Cont’d). 

hogs,  number  allowed  to  be 
kept. 

Ords.,  Art.  14,  Sec.  199,  866 
— penalty  for  keeping  with- 
out permit. 

Ords.,  Art.  14.  Sec.  201,  866 
— permits  for  keeping. 

Ords.,  Art.  14,  Sec.  199,  866 
— pens— prohibited  within 

city  limits,  proviso. 

Ords.,  Art.  14,  Sec.  198,  865 
— sale  or  slaughter  of, 
proviso. 

Ords.,  Art.  14,  Sec.  198,  865 

horseshoeing,  see  under  this 
title. 

hospitals  for  infectious  dis- 
eases, see  under  "'^Hospi- 
tals'" sub-title  "Infectious 
Diseases.,  Hospital  for." 

hydrants,  leakage  from,  when 
a nuisance. 

Ords.,  Art.  14,  Sec.  115,  831 

ice  ponds,  penalty  for  neg- 
lect to  drain. 

Ords.,  Art.  14.  Sec.  118,  832 
— permit  for  construction  of. 

Ords.,  Art.  14,  Sec.  116,  832 
— water  to  be  drained,  when. 

Ords.,  Art.  14,  Sec.  117,  832 

impure  foods,  defined. 

Ords.,  Art.  14,  Sec.  62..  815 
— sale,  etc.,  prohibited. 

Ords.,  Art.  14,  Sec.  57....  813 
— secretion  or  removal  of, 
after  condemnation. 

Ords.,  Art.  14,  Sec.  58....  813 

infected  dead  bodies,  to  remain 
unburied  no  longer  than  24 
hours,  penalty. 

Ords.,  Art.  14,  Sec.  194..  864 

Inspector  of  Plumbing — 
appointment  and  qualifi- 
cations of. 

Ords.,  Art.  14,  Sec.  129..  836 
— to  give  certificate  of,  ap- 
proval. 

Ords.,  Art,  14,  Sec.  135..  838 
— to  supervise  all  plumbing 
work. 

Ords.,  Art.  14,  Sec.  132..  837 


Page 

HEALTH.— (Cont’d). 

General  Provisions. — (Cont’d). 


lodging  house,  regulation  of. 

Acts,  Sec.  6 53 

low  grounds  to  be  drained. 

Ords.,  Art.  14,  Sec.  100..  827 

manufactures. 

Acts,  Sec.  6 53 

Medical  Examiner,  assist- 
ant to  serve  in  absence  of. 
Ords.,  Art.  14,  Sec.  3 797 


to  make  post-mortem  ex- 
aminations. 

Ords.,  Art.  14,  Sec,  3....  797 

milk — from  diseased  cows, 
penalty  for  sale  of. 

Ords.  Art.  14,  Sec.  56.  ..  812 

— not  to  be  kept  in  room  con- 
taining cows. 

Ords.,  Art.  14,  Sec.  50..  811 

municipal  hospital  for  in- 
fectious diseases,  diseases 
treated  in. 

Ords.,  Art.  14,  Sec.  10..  799 

offensive  trades. 

Acts,  Sec.  6 53 

orders  of  Commissioner  of, 
penalty  for  failure  to  com- 
ply with. 

Ords.,  Art.  14,  Sec.  201..  866 
867 

oyster  shells,  dumping  of  for- 
bidden, proviso. 

Ords.,  Art.  14,  Sec.  119..  832 
833 

— storing  of  by  packers,  when 

forbidden,  penalty. 

Ords.,  Art.  14,  Sec.  120..  833 

penalty  for  violating  regula- 
tions for. 

Ords.,  Art.  14,  Sec.  29. ..  805 

— for  violation  of  certain  or- 
dinances. 

Ords.,  Art.  14,  Sec.  63....  816 

person  liable  for  violation  of 
police  regulations. 

Ords.,  Art.  25,  Sec.  72..  981 


HEALTH. 


HEALTH. 


Page 


1435 


Page 

HEALTH.— (Cont’d). 

General  Provisions. — (Cont'd). 

pla\'-grounds  for  children, 
contract  for,  with  Children’s 
Play -ground  Association; 
provisions  of. 

Ords.,  Art.  14,  Sec.  128..  835 
836 

— to  be  maintained  for  $3000 
per  year,  number  of,  pro- 
visions for. 

Ords.,  Art.  14,  Sec.  128..  835 
836 

plumbing  to  be  done  under 
supervision  of  Inspector  of 
Plumbing. 

Ords.,  Art.  14,  Sec.  132..  837 

— work  to  be  done  in  accord- 
ance with  orders  of  In- 
spector of  Plumbing. 

Ords.,  Art.  14,  Sec.  133..  837 
838 

police  officers  to  execute  re- 
gulations of  Commissioner 
of  Health. 

Ords.,  Art.  25,  Sec.  36..  970 

pork  butchers  and  packers, 
keeping  of  hogs  by. 

Ords.,  Art.  14,  Sec.  198..  865 
866 

post-mortem  examinations  to 
be  made  by  medical  ex- 
aminer. 

Ords.,  Art.  14,  Sec.  3....  797 

Potter ’ s fields;  graves  in ; gates 
of;  penalty. 

Ords.,  Art.  14,  Sec.  136..  838 
839 

— to  be  under  control  of  Com- 
missioner of  Health. 

Ords.,  Art.  14,  Sec.  136..  838 
839 

prevention  of  disease,  isola- 
tion of  cows. 

Ords.,  Art.  14,  Sec.  51..  811 

pulmonar}'  tuberculosis, 
manner  of  investigation  of 
ca.ses. 

Ords.,  Art.  14,  Sec.  32..  806 

quarantine  disinfection,  ex- 
penses of,  how  paid. 

Ords.,  Art,  14,  Sec.  170..  853 

registry  of  physicians. 

Ords.,  Art.  14,  Sec.  189..  862 
863 


HEALTH.— (Cont’d). 

General  Provisions. — (Cont’d). 

seats  for  female  employes  in 
stores  or  factories.  See 
under  this  title. 

slaughter  and  hide  houses, 
investigation  of  complaints 
against. 

Ords.,  Art.  14,  Sec.  195..  864 

slop  carts,  filling,  etc. , police 
regulations. 

Ords.,  Art.  25,  Sec.  54....  975 

Smoke — chimneys  of  City 
Hall  or  Court  House,  not 
to  emit  black  smoke. 

Ords.,  Art.  14,  Sec.  122  833 
—from  other  chimneys  pro- 
hibited, exceptions. 

Ords.,  Art.  14,  Sec.  123  833 
— violation  of  provisions, 
penalty  for. 

Ords.,  Art,  14,  Sec.  124  834 

stables,  nuisances  from,  pen- 
alty. 

'Ords.,  xA.rt.  14,  Sec.  126..  834 

sprinkling  and  sweeping 
streets,  police  regulations, 
Ords.,  Art.  25,  Sec.  55....  975 

summary  of  decisions  relating 
to  health  ordinances. 

note 53 

undertakers — duties  of  when 
cases  of  death  come  before 
coroner. 

Ords.,  Art.  14,  Sec.  182..  859 

860 

— when  death  occurs  during 
attendance  of  physician, 
Ords.,  Art.  14,  Sec.  181..  858 

859 

— r e p o r t of  deaths  to  Com- 
missioner of  Health. 

Ords.,  Art.  14,  Sec.  185..  860 

861 

vaccination  of  adults. 

Ords.,  Art.  14,  Sec.  24....  804 

— of  children. 

Ords.,  Art.  14,  Sec.  23....  803 

— to  be  repeated  on  failure. 

Ords.,  Art.  14,  Sec.  30....  805 

vaccine  physician,  to  attend 
police  officers  and  cases  at 
station  houses. 

Ords.,  Art.  14,  Sec.  9....  798 
799 


HEALTH. 


health. 


1436 


Page 

HEALTH.— (Cont’d). 

General  Provisions. — (Cont’d). 
— appointment  of  extra. 

Ords.,  Art.  14,  Sec.  28...  805 

vaccine  virus,  to  be  supplied 
by  physicians  of  dispen- 
saries receiving  city  aid. 

Ords.,  Art.  14,  Sec.  30....  805 

vaults — permits  to  empty 
privy  vaults. 

Ords.,  Art.  14,  Sec.  144..  841 

vessels  infected  with  dis- 
ease, detention  at  quaran- 
tine grounds. 

Ords.,  Art.  14,  Sec.  164..  849 
850 

— inspection  of,  quarantine 
regulations  relating  to. 

Ords.,  Art.  14,  Sec.  162..  847 
848 

wells  and  springs,  analysis 
of  water  of;  record;  con- 
demnation. 

Ords.,  Art.  14,  Sec.  127..  834 
835 

wood  shavings  and  vegetable 
matter,  prohibited  on 
wharves  and  low  ground, 
penalty. 

Ords.,  Art.  14,  Sec.  121..  833 

Commissioner  of, 

— absence  or  sickness  of. 

Ords.,  Art.  14,  Sec.  4....  797 
— advice  to  city  authorities, 
other  duties. 

Ords.,  Art.  14,  Sec.  1....  796 
— analysts  and  inspectors  of 
bakeries,  etc. 

Acts,  Sec.  73 139 

— appointment — duties  and 
powers;  salary. 

Acts,  Sec.  71 138 

— of  clerks  and  subordinates 

and  compensation  of 
same. 

Acts,  Sec.  71 138-139 

— assistants — appointment  of. 

Acts,  Sec.  71 138 

— salaries. 

Acts,  Sec.  76 140 

— charges  for  transcripts  of 
births  and  deaths;  ac- 
counting of  monies. 


Page 

HEALTH.— (Cont’d). 
Commissioner  of. — (Cont’d). 

Ords.,  Art.  14,  Sec.  191  863 
— cleaning  of  privies;  pen- 
alty. 

Ords.,  Art.  14,  Sec.  143  841 
— contagious  diseases,  duty 
in. 

Acts,  Sec.  78 141 

— duties  relating  to  commun- 
icable diseases. 

App.  B,  Sec.  1 1264-1265 

— food  regulations  to  be 
made  by. 

Ords.,  Art.  14,  Sec.  60..  814 
— garbage — permits  for  re- 
moval of. 

Ords.,  Art.  14,  Sec.  109  830 
— Health  Wardens,  vaccine 
physicians  to  act  as. 

Acts,  Sec.  78 141 

— inspection  and  analysis  of 
foods  and  food  products 
by. 

Ords.,  Art.  14,  Sec.  60  814 
— Inspectors  of  Foods  and 
F ood  Products—  duties 
to  be  defined  by. 

Ords.,  Art.  14,  Sec.  61  815 
— instructions  relating  to 
communicable  diseases. 

App.  B,  Sec.  3 1265-1266 

— interference  with  duties  of; 
penalty  for. 

Ords.,  Art.  14,  Sec.  2....  797 


— milk,  inspectors  of. 

Acts,  Sec.  74, 139 

— morgue — disposition  of 


bodies  in,  controlled  by. 

Ords.,  Art.  14,  Sec.  79..  821 
— penalty  for  neglect  or  re- 
fusal to  comply  with 
orders  of. 

Ords.,  Art.  14,  Sec.  202 

866-867 

— permits  to  dump  oyster 
shells. 

Ords.,  Art.  14,  Sec.  119  832 
— for  drainage  of  certain 
cess  pools. 

Ords.,  Art.  14,  Sec. 

145 841-842 

— for  drain  pipes  issued  by. 
Ords.,  Art.  14,  Sec.  130  837 
— privies,  emptying  and  re- 
moval of  contents. 

Ords.,  Art.  14,  Sec.  140  840 
— qualifications  required  of. 

Acts,  Sec.  71 138 


health. 


health. 


Page 


1437 


Page 

HEALTH.— (Cont’d). 

Commissioner  of. — (Cont’d). 


— Quarantine  Hospital  Phj^- 
sician. 

Acts,  Sec.  75 139 

— salary,  dwelling,  ex- 
penses. 

Acts,  Sec.  76 140 

— Quarantine — powers  at. 

Acts,  Sec.  75 140 

— regulations — powers  re- 
lating to. 

Acts,  Sec.  75 140 

— reports  to,  by  vaccine 
physicians. 

Acts,  Sec.  77 141 

— Sanitary  Inspectors,  ap- 
pointment of,  duties, 
qualifications. 

Acts,  Sec.  72 139 


— seizure  of  infected  articles 
by. 

brds..  Art.  14,  Sec.  22  803 
— smoke  provisions,  enforce- 
ment of  bv. 

Ords.,  A'rt.  14,  Sec.  125  834 
— transcripts  of  births  and 
deaths;  charges  for. 

Ords.,  Art.  14,  Sec.  190  863 
— Vaccine  Physicians;  ap- 
pointment of. 

Acts,  Sec.  77 140 

Births  and  Deaths, 

— blanks  to  be  used  in  making 
returns  of;  no  charge  for. 
Ords.,  Art.  14,  Sec.  193  864 
— manner  of  recording. 

Ords.,  Art.  14,  Sec.  192  863 
— physicians  to  report  births. 

Ords.,  Art.  14,  Sec.  188  862 
— registration  of  by  Commis- 
sioner of  Health. 

Ords.,  Art.  14,  Sec.  179  858 
— registration  of  in  separate 
books. 

Ords.,  Art.  14,  Sec.  180  858 
— registers  of;  inspection  by 
public. 

Ords.,  Art.  23,  Sec.  180  858 

Contagious  and  Infectious 
Diseases, 

Acts,  Sec.  6 53 

— articles  from  places  infected 
with. 

Ords.,  Art.  14,  Sec.  15..  801 
— bedding  or  clothing  in- 
fected with. 

Ords.,  Art.  14,  Sec.  15..  801 


HEALTH.-(Cont’d). 

Contagious  and  Infectious 

Diseases. — (Cont’d). 

— bodies  infected  with,  to  be 
buried  within  24  hours. 

Ords.,  Art.  14-,  Sec.  194  864 
— carried  in  vehicles  for 
that  purpose  only. 

Ords.,  Art.  14,  Sec.  26  804 
— burial  of  persons  dying  of. 

Ords.,  Art.  14,  Sec.  17..  801 
— fencing  and  guarding  of  in- 
fected localities. 

Ords.,  Art.  14,  Sec.  19  ...  802 
— hotel  and  housekeepers’  re- 
port of. 

Ords.,  Art.  14  Sec.  12 

799-800 

— houses  infected  to  be  disin- 
fected. 

Ords.,  Art.  14,  Sec.  18 

801-802 

— infection  of  small  pox  by 
inoculation;  penalt}'  for. 

Ords.,  Art.  14,  Sec.  31....  805 
— investigation  and  report  of 
by  Commissioner. 

Ords.,  Art.  14,  Sec.  1....  796 
— landing  of  articles  from  in- 
fected places  forbidden. 

Ords.,  Art.  14,  Sec.  15..  801 

- list  of. 

Ords.,  Art.  14,  Sec.  11..  799 

— masters,  etc.,  of  vessels, 

report  by. 

Ords.,  Art.  14,  Sec.  14..  800 
— persons  required  to  report 
cases  of. 

Ords.,  Art.  14,  Secs. 

11-14 799-800 

— physicians’  report  of. 

Ords.,  Art.  14,  Sec.  11..  799 
— placarding  premises  to  pre- 
vent spread  of. 

Ords.,  Art.  14,  Sec.  21..  803 
— prevention  of  spread;  pen- 
alty. 

Ords.,  Art.  14,  Sec.  21..  803 
— public  and  private  institu- 
tions to  report. 

Ords.,  Art.  14,  Sec.  13..  800 
— public  vehicles  not  to  be 
used  to  carry  persons  or 
bodies  infected. 

Ords.,  Art.  14,  Sec.  25..  805 
— pulmonary  tuberculosis  suf- 
ferers to  be  registered. 

Ords.,  Art.  14,  Sec.  32..  806 


HEALTH. 


health. 


1438 


Page 

HEALTH.— (Cont’d). 

Contagious  and  Infectious 

Diseases. — (Cont ’d . ) 

— removal  of  dead  bodies. 

Ords.,  Art.  14,  Sec.  16..  801 
— of  infected  persons  or 
dead  bodies. 

Ords.,  Art.  14,  Sec.  16  801 
— report  of  cases  of. 

Ords.,  Art,  14,  Secs. 

11-14 799-800 

— seizure  of  articles  infected 
with . 

Ords.,  Art.  14,  Sec.  22..  803 
— temporary  structures  for 
persons  sick  with;  houses 
as  hospitals. 

Ords.,  Art.  14,  Sec.  20 

802-803 

— vacant  property  infected 
with,  to  be  fumigated. 

Ords.,  Art.  14,  Sec.  27 

804-805 

— vessels,  ships,  etc.;  quaran- 
tine regulations  for  dis- 
eases on. 

Ords.,  Art.  14,  Secs. 

162-172  ...847-855 

— treatment  at  Quarantine 
Hospital  of  cases  from. 
Ords.,  Art.  14, Sec.  164 

849..850 

— violation  of  provisions  gov- 
erning, penalty. 

Ords.,  Art.  14,  Sec.  29..  805 

Cows, 

- -contagious  diseases  among; 
report  of  to  Commis- 
sioner of  Health. 

Ords.,  Art.  14,  Sec.  51  811 
— eight  allowed  to  % acre; 
penalty. 

Ords.,  Art.  14,  Sec.  34  807 
— enclosures  for,  to  be 
graded  and  drained. 

Ords.,  Art.  14,  Sec.  49  810 
— fresh  water  to  be  pro- 
vided. 

Ords.,  Art.  14,  Sec.  48  810 
— four  or  less,  provision  for 
keeping. 

Ords.,  Art.  14,  Sec.  37  808 
— open  drains  or  garbage  not 
allow' ed  in  enclosures. 

Ords.,  Art.  14,  Sec.  49  810 
— pasturage  of;  penalty. 

Ords.,  Art.  14,  Sec.  35  807 


Page 

HEALTH.— (Cont’d). 

Cows. — ( Cont  ’ d) . 

— permit  from  Health  Com- 
missioner; penalty. 

Ords.,  Art.  14,  Sec.  33 

806-807 

— sale  of  milk  from  diseased 
cows  prohibited;  penalty. 
Ords.,  Art.  14,  Sec.  56  812 
— space  for  each  to  be  % 
acre. 

Ords.,  Art.  14,  Sec.  33  806 
— tuberculin  test. 

Ords.,  Art.  14,  Sec.  52  811 

Cow  Stables, 

— existing  regulations  not 
to  be  repealed. 

Ords.,  Art.  14,  Sec.  39 

808-809 

— owners  to  register  place 
of,  with  Commissioner 
of  Health;  penalty. 

Ords.,  Art.  14,  Sec.  36 

807-808 

— penalty  for  violating  health 
regulations. 

Ords.,  Art.  14,  Sec.  55  812 
— sales  and  exchange  sta- 
bles; regulations  for. 

Ords.,  Art.  14,  Sec.  38  808 
— sanitary  regulations  for. 

Ords.,  Art.  14,  Sec.  37  808 

crews  and  passengers;  vacci- 
nation of;  charges. 

Ords.,  xArt.  14,  Sec.  177  857 

Dairies, 

— buildings  of  to  be  thor- 
ough! v cleaned. 

Ords.,  Art.  14,  Sec.  46  810 
— cleanliness  of  persons 
handling  products  of. 

Ords.,  Art.  14,  Sec.  54  812 
— contagious  diseases  in;  re-' 
port  of  to  Commissioner 
of  Health. 

Ords..  Art.  14,  Sec.  53 

811-812 

— COW'S  of;  to  be  cleaned 
ever}'  day,  fed  and  wa- 
tered. 

Ords.,  Art.  14,  Sec.  47  810- 
— floors  of  stables — specifi- 
cations. 

Ords.,  Art.  14,  Sec.  41  809- 


health. 


health . 


Page 


1439 


Page 

HEALTH.— "Cont’d). 

Dairies. — (Cont’d.) . 

— milk;  care  and  keeping  of, 
in. 

Ords.,  Art.  14,  Sec.  50 

810-811 

— other  animals  not  to  be 
stabled  in. 

Ords.,  Art.  14,  Sec.  43  809 
— penalty  for  violating 
health  regulations. 

Ords.,  Art.  14,  Sec.  55  812 
--premises  to  be  clean  and 
in  good  repair. 

Ords.,  Art.  14,  Sec.  45  810 
— stables  of — feed  troughs; 
receptacles  for  refuse. 

Ords.,  Art.  14,  Sec.  42  809 
— lighting  and  ventilation. 

Ords.,  Art.  14,  Sec.  40  809 
— sewerage  connections 

for. 

Ords.,  Art.  14,  Sec  41  809 
— stabling  cows  in. 

Ords.,  Art.  14,  Sec.  40  809 
Sec.  37  808 

— stalls,  width  of. 

Ords.,  Art.  14,  Sec.  44  809 
— vessels  for  reception,  stor- 
age and  delivery  of  milk. 

Ords.,  Art.  14,  Sec.  50  811 
— violation  of  provisions;  re- 
lating to;  penalt}^ 

Ords.,  Art.  14,  Sec.  55  812 
— ^water  closets,  etc.,  for- 
bidden in. 

Ords.,  Art.  14,  ,Sec.  43  809 

Death  Certificates, 

— coroner  to  furnish,  when. 

Ords.,  Art.  14,  Sec.  182 

859-860 

— physicians  to  furnish  same 
to  undertaker. 

Ords.,  Art.  14,  vSec.  181, 

. 858-859 

— requisites  of  coroner’s  cer- 
tificate. 

Ords.,Art.  14,  Sec.183,  860 
— statements  necessary  in. 

Ords.,  Art.  14,  Sec.  183,  860 
— undertakers — when  issued 
to  by  Commissioner  of 
Health. 

Ords.,  Art.  14,  Sec.  185, 

860-861 

— violation  of  provisions  re- 
lating to,  penalty  for. 

Ords.,  Art.  14,  vSec.  186  , 861 


HEALTH.— (Cont’d). 

Death  Certificates. — (Cont’d). 

— when  diseases  are  conta- 
gious. 

Ords.,  Art.  14,  Sec.  182, 

859-860 

Foods  and  Food  Products, 

— chemists  to  test. 

Ords.,  Art.  14,  Sec.  61, 

814-815 

— definition  of  terms  relating 
to. 

Ords.,  Art.  14,  Sec.  62,  815 
— indictments  for  sale  of  im- 
pure foods  or  food  pro- 
ducts. 

Ords.,  Art.  14,  Sec.  62.  815 
— inspection  of,  to  be  made 
b y Commissioner  o f 
Health. 

Ords.,  Art.  14,  Sec.  60,  814 
— inspectors  and  analysts  of, 
appointment,  qualifica- 
tions, duties  and  salary. 

Ords.,  Art.  14,  Sec.  61, 

814-815 

— meaning  of,  proviso. 

Ords.,  Art.  14,  Sec.  62,  815 
— milk,  standard  qualities 
of. 

Ords.,  Art.  14,  Sec.  59,  813 
— oysters  not  to  be  peddled 
during  specified  time, 
penalty. 

Ords.,  Art.  14,  Sec.  64.  816 
— regulations  concerning. 
Commissioner  of  Health, 
to  make. 

Ords.,  Art.  14,  Sec.  60.  814 
— sale  of  impure  food  pro- 
hibited. 

Ords.,  Art.  14,  Sec.  57,  813 
— secretion  or  unlawful  re- 
moval after  condemna- 
tion prohibited. 

Ords.,  Art.  14,  Sec.  58,  813 
— violation  of  provisions  re- 
lating to,  penalty. 

Ords.,  Art.  14,  Sec,  63,  816 

Garbage, 

— burning  of,  at  d u m p s, 
penalty. 

Ords.  Art.  14,  Sec.  107, 

829-830 

—carts,  police  regulations. 
Ords.,  Art.  25,  vSecs.  41- 
49 972-974 


HEAIvTH. 


heaeth. 


1440 


Page 

HEALTH.— (Cont’d). 

Garbage. — (Cont’d) . 

— private  property,  dumps 
on  prohibited. 

Ords.,  Art.  14,  Secs.  Ill 

112 :.830-831 

— removal  of,  permit  for  re- 
moval. 

Ords.,  Art.  14,  Sec.  108,  830 
— violation  of  provisions  re- 
lating to,  penalty. 

Ords.,  Art.  14,  Sec.  110, 

830 

Injurious  Manufactories, 

— bone  factories,  etc. , per- 
mitted with  consent  of 
Mayor  and  City  Conncil. 

Ords.,  Art.  14,  Sec.  67,  817 
— brick  or  tile  manufacto- 
ries, permit,  penalty. 

Ords.,  Art.  14,  Sec.  76,  820 
— chemical  or  mechanical 
preparation  for  roofing, 
manufacture  of,  prohib- 
ited, violation,  penalty. 

Ords.,  Art.  14,  Sec.  65, 

816-817 

— composition  roofing  fac- 
tory regulations,  viola- 
tion, penalty. 

Ords.,  Art.  14,  Sec.  66,  817 
— cotton  wadding,  etc.,  fac- 
tories prohibited, 
penalty. 

Ords.,  Art.  14,  Sec.  75,  819 
— earthenware  or  stoneware 
manufactories  prohib- 
ited, penalty. 

Ords.,  Art.  14,  Sec.  69,  818 
— establishments  for  render- 
ing animal  offal  prohib- 
ited, penalty. 

Ords.,  Art.  14,  Sec.  77  820 
— stockyards  prohibited,  pen- 
alty. 

Ords.,  Art.  14,  Sec.  77,  820 
—pulverizing  charcoal  mill, 
permit,  penalty. 

Ords.,  Art.  14,  Sec.  72, 

818-819 

— red  and  yollow  ochre,  con- 
ditions for  erection  of, 
penalty. 

Ords.,  Art.  14,  Sec.  73,  819 
— soap  and  candle  manufact- 
ory, consent  of  Mayor 
and  City  Council  neces- 
sary, penalty. 

Ords.,  Art.  14,  Sec.  70,  818 


Page 

HEALTH.— (Cont’d). 

Injurious  ManTtories. — (Cont’d). 

— and  candle,  permit  to 

erect,  notice  of  appli- 
cation for. 

Ords.,  Art.  14,  Sec.  71,  818 
— turpentine  or  varnish  dis- 
tillieries  prohibited,  pen- 
alty. 

Ords.,  Art.  14,  Sec.  69.  818 
— violations  of  provisions  re- 
lating to,  penalty. 

Ords.,  Art.  14,  Sec.  68,  817 

Manufactories  Prohibited 
and  Restricted, 

— animal  substances,  horn, 
bones,  blood,  etc . — 
burning  of  prohibited, 
penalty. 

Ords.,  Art.  14,  Sec.  74,  819 
— charcoal,  pulverizing  of. 
permit  for  erection  of  re- 
quired, penalty. 

Ords.,  Art.  14,  Sec.  72, 

818-819' 

— clay,  brick  and  tile  facto- 
ries, advertisement  of 
permit  for  erection  of. 

Ords.,  Art.  14,  Sec.  76,  820 
— brick  and  tile  factor- 
ies, penalty. 

Ords.,  Art.  14,  Sec.  76,  820 
— cotton  wadding,  laps  or 
bats,  penalty. 

Ords.,  Art.  14,  Sec.  75,  819 
— copal,  varnish  or  bone 
factories. 

Ords.,  Art.l4,Sec.67,68  817 
— earthenware  or  stoneware 
factories,  penalty. 

Ords.,  Art.  14,  Sec.  69,  818 
— glue,  poudrette  and  grease 
works,  penalty. 

Ords.,  Art.  14,  Sec.  77,  820 
— red  or  yellow  ochre  for 
yellow  paints,  etc., prop- 
erty owners  to  consent, 
penalty. 

Ords.,  Art.  14,  Sec.  73,  819 
— rendering  grease  or  ani- 
mal offal  of  stockyards. 

Ords.,  Art.  14,  Sec.  77,  820 
— roofing  composition,  pen- 
alty. 

Ords.,  Art,  14,  Sec.  66,  816 
— preparations,  penalty. 

Ords.,  Art.  14,  Sec.  65, 

816-817 


HEAIvTH. 


HEARINGS. 


Page 


1441 


Page 

HEALTH.- (Cont’d). 

Manufactories  Prohibited  and 
Restricted . — ( Cont  ’ d) . 

— soap  and  candle — adver- 
tisement of  application 
for  permit. 

Ords.,  Art.  14,  Sec.  71,  818 
— application  for  erection 
of. 

Ords.,  Art.  14,  Sec.  71,  818 
— penalty. 

Ords.,  Art.  14,  Sec.  70,  818 
— sulphuric,  nitric,  muriatic 
acids  or  other  dangerous 
chemicals  enumerated, 
penalty. 

Ords.,  Art.  14,  Sec.  74,  819 
— turpentine  d i s t i 1 1 e ri  e s, 
penalty. 

Ords.,  Art.  14,  Sec.  69,  818 

Midwifery, 

— parents  report  of  births. 

Ords.,  Art.  14,  Sec.  188,  862 
— persons  practicing  to  re- 
port births. 

Ords.,  Art.  14,  Sec.  188,  862 
— physicians’  report  of  | 
births.  i 

Ords.,  Art.  14,  Sec.  188,  862 
— registry  of  births  kept  by 
midwife. 

Ords.,  Art.  14,  Sec.  188,  862 
— violation  of  provisions, 
penalty  for. 

Ords.,  Art.  14,  Sec.  188,  862 

Morgue, 

—charge  of. 

Ords.,  Art.  14,  Sec.  83.  ..  821 
— clothing  and  effects  of  de- 
ceased persons  in. 

Ords.,  Art.  14,  Sec.  80..  821 
— Commissioner  of  Health  to 
have  charge,  make  regula- 
tions for. 

Ords.,  Art.  14,  Sec.  83....  821 
— coroners  to  dispose  of  cloth-  j 
ing  and  effects  of  persons  | 
buried  from.  i 

Ords.,  Art.  14,  Sec.  80..  821  ! 
— detention  of  bodies  in.  i 

Ords.,  Art.  14,  Sec.  78..  820 
— Superintendent,  appoint-  | 
ment  and  qualifications  , 
of.  I 

Ords.,  Art.  14,  Sec.  81..  821  I 
— Superintendent  of,  bond  of. 

Ords.,  Art.  14,  Sec.  82..  821  ; 


HEALTH.-(Cont’d). 

Morgue. — (Cont’d). 

— to  enforce  regulations. 

Ords.,  Art  14,  Sec.  83..  821 
— use  of. 

Ords.,  Art.  14,  Sec.  78..  820 

Night  Soil, 

—action  when  deposits  of, 
become  a nuisance. 

Ords.,  Art.  14,  Sec.  155..  843 
— contract  for  removal,  rev- 
ocation of. 

Ords.,  Art.  14,  Sec.  157..  845 
— of  privies,  without  city,  not 
to  be  carried  through 
streets,  penalty. 

Ords.,  Art.  14,  Sec.  146..  842 
— removal  of,  by  contract 
with  R.  R.  Zell  & Co., 
penalty. 

Ords.,  Art.  14,  Sec.  156..  844 
845 

— to  be  deposited  at  places 
selected  by  Commissioner 
of  Health,  penalty. 

Ords.,  Art.  14,  Sec.  154..  843 

nuisances — {See'"  'Nuisances.  ’ ’ ) 


Acts,  Sec.  6, 53 

HEALTH  ORDINANCES, 

decisions  in  relation  to. 

note 53 


HEALTH  REGULATIONS, 

See  "Health.''' 

HEALTH  WARDENS, 

vaccine  physicians  to  act  as. 

Acts,  Sec.  78 141 

HEARINGS, 

See  ‘ ‘ Various  Titles  Relating 
to  condemnations  and 
assessments . ’ ’ 


appeals  from  assessments  of 

^^Tcts,  Sec.  170 185 

City  Council  hearings — ordi- 
nances for  grading,  paving, 
etc. 

Acts,  Sec.  6 75 


Ords.,  Art.  35,  Sec.  90..1125 

condemnation  proceedings  re- 
lating to  water. 

Acts,  Sec.  6.. 


90 


HEARINGS. 


1442  HOEDERS  OF  CITY  LOANS. 

Page 


Page  ! 

HEARINGS.— (Cont’d) . 

sewers,  opening,  closing,  etc., 
assessments  and  review. 

Ords.,  Art.  33,  Sec.  8 1066 

streets,  opening,  closing,  etc. 
corrections  and  revaluations. 

Acts,  Sec.  177 195 

HEATING  APPARATUS, 

CHIMNEYS  AND  FLUES, 

See  ‘ '‘Buildings^  ’ ’ sub-title 
‘ ‘ Chimneys^  Flues  and 
Heating  Apparatus.'"' 

Ords.,  Art.  3,  Secs.  23- 

43 607-613 

HEIGHT  OF  BUILDINGS, 
STORIES  AND  WALLS, 

See  ‘ ''Buildings, ' ' under  this 
sub-title. 

Ords.,  Art.  3,  Secs.  93- 

98 632-633 

HIBERNIAN  SOCIETY  OF 
BALTIMORE, 

immig  rant s — commutation 
money,  disbursement  of. 

Acts,  Sec.  528 335 

— disbursement  of  penalties 
imposed. 

Acts,  Sec.  529 336 

HIGH  SCHOOLS, 

fees  for  tuition  of  non- 
resident pupils  in. 

Ords.,  Art.  32,  Sec.  34... .1055 

graduates  of,  testimonials  to. 

Ords.,  Art.  32,  Sec.  12..1047 

principals  and  professors  of, 
appointment  of. 


Acts,  Sec.  100 153 

renting  halls  of  Eastern  and 
Western,  proviso. 

Ords.,  Art.  32,  Secs.  2- 
3 1044 


HIGHWAYS,  BRIDGES  AND 
STREETS, 

See  '"Streets  and  City  Engi- 
neer," and  "Streets,  Brid- 
ges and  Highivays. ' ' 


HISTORY,  PICTORIAL,  OF 
CITY. 

City  Librarian  to  collect  and 
develop. 

Ords.,  Art.  21,  Sec.  9 907 

HOGSHEADS  BARRELS 
AND  CASKS, 

hydrants  and  pumps  not  to 
be  obstructed  by. 

Ords.,  Art.  40,  Sec.  18..1183 

HOHMAN,  CONRAD, 

driving  hogs  through  streets, 
special  permission  to. 

Ords.,  Art.  25,  Sec.  21....  966 

HOGS. 

number  to  be  kept. 

Ords.,  Art.  14,  Sec.  199..  866 

penalty  for  keeping  without 
permit. 

Ords.,  Art.  14,  Sec.  201..  866 

pens  for,  prohibited  within 
city  limits,  proviso. 

Ords.,  Art.  14,  Sec.  198..  865 

permits  for  keeping. 

Ords.,  Art.  14,  Sec.  199.  866 

sale  or  slaughter  of. 

Ords.,  Art,  14,  Sec.  198..  865 

HOGS,  SHEEP  AND 

CATTLE,  D RIVING 
THROUGH  STREETS, 

See  "‘Cattle,  Sheep  and  Swine 
Driving  Through  Streets. ' ’ 

Ords.,  Art.  25,  Secs.  11- 
31 964-969 

HOISTS,  ELEVATORS  AND 
LIFTS, 

See  ‘ ‘ Buildings,  ' ' sub-title 
''"Elevators." 

618-626 

HOLDERS  OF  CITY 
LOANS, 

list  of — to  be  sent  to  City 
Register  and  State  Comp- 


troller annually. 

Acts,  Sec.  152 174 

— to  be  corrected  annually. 

Acts,  Sec.  152 174 


HOLIDAYS. 


HORSESHOEING. 


1443 


HOLIDAYS, 


Page 


employes  of  city,  observation  | 

of  Labor  Day,  by,  i 

Ords.,  Art.  15,  Sec.  2....  867  i 
868 


“Labor  Day,”  first  Monday  i 
in  September. 

Ords.,  Art.  15,  Sec.  2 ...  867  | 

legal.  i 

Acts,  Sec. § 279a,  §279c....  250  i 
251  I 

Saturday  half -holiday,  office  ! 
hours  of  municipal  depart-  j 
ments,  on.  I 

Ords.,  Art.  15,  Sec.  3 868  j 

September  twelfth,  municipal.  | 
Ords,,  Art.  15,  Sec.  1....  867  i 

HOLLINS  MARKET,  | 

See  ‘ 'Hollins  MarkeV  ’ under  j 
"Markets.''' 

provisions  relating  to.  j 

Ords.,  Art.  23,  Secs.  90- 
92 945-946 

HORSE  DEALERS, 

See  "Licenses.''' 

HORSE  RACING, 

for  gaming  purposes  pro- 
hibited. 

Ords.,  Art.  12,  Sec.  5....  769  j 

HORSES,  CARRIAGES  AND  j 
WAGONS,  I 

See  "Auctioneers." 
regulations  by  mayor  relating 
to. 

Acts,  Sec.  258 238 

sales  at  auction. 

{^See  "Licenses"  and 
" Vehicles."^ 

streets  in  which  prohibited. 

Ords.,  Art.  4,  Sec.  33....  691 

HORSESHOEING, 

Board  Of  Examiners  Of 
Horseshoers, 

— affidavit  of  qualified  horse- 


shoers. 

Acts,  Sec.  §515d 330 

— appointment  of  board. 

Acts,  Sec.  §515b 329 


Page 

HORSESHOEING.— (Cont’d) . 
Board  Of  Examiners  Of 
Horseshoers. — ( Cont  ’ d ) . 

— apprenticeship  required. 

Acts,  Sec.  §515d 330 

— by-laws. 

Acts,  Sec.  §515c 329 

— certificate  form,  record  of. 

Acts,  Sec.  §515e 330 

— certificate  granting  of. 

Acts,  Sec.  §51 5c 329 

— certificate,  as  evidence. 

Acts,  Sec.  §515e 330 

— certificate  from  other 
boards. 

Acts,  Sec.  §515d 330 

— composition  of  board. 

Acts,  Sec.  §515b 329 

— copies  of  certificate,  fee 
for. 

Acts.  Sec.  §515e  330 

— copies  of  requirements. 

Acts,  Sec.  §515c 329 

— duties. 

Acts,  Sec.  §515b 329 

— evidence,  certificate  as. 

Acts,  Sec.  §515e 330 

— exemption  from  pro- 
visions. 

Acts,  Sec.  §515d 330 

— fees  for  certificate. 

Acts,  Secs. §515c,§515d..  329 
330 

— fines  to  school  fund. 

Acts,  Sec.  §515f 331 

-majority  of  Board  may 
grant  certificates. 

Acts,  Sec.  §515c 329 

— meetings. 

Acts,  Sec.  §515c 329 

— misdemeanor,  violations 
to  be. 

Acts,  Sec.  §515f 331 

— officers. 

Acts,  Sec.  §515c 329 

—owners  of  horses,  proviso. 

Acts,  Sec.  §515f 331 

— penalty  hereunder. 

Acts,  Sec.  §515f 331 

— proceedings  to  be  public. 

Acts,  Sec.  §515c 330 

— proviso  as  to  owners. 

Acts,  Sec.  §515f 331 

— qualifications  required. 

Acts,  Sec.  §515c 329 

— record  of  certificates 
issued. 

Acts,  Sec.  §515e 330 


HORSESHOEING. 


HOSPITALS. 


Page 


1444 


Page 

HORSESHOEING.— (Cont’d) . 
Board  Of  Examiners  Of 
Horseshoers. — (Cont’d) . 

— r equirements,  issue 

printed  copies  of,  to 
applicants. 

Acts,  Sec.  §515c 329 

— rules  and  regulations. 

Acts,  Sec.  §515c 329 

— term  of  office. 

Acts,  Sec.  §515b 329 

— unlicensed  horseshoeing, 
unlawful. 

Acts,  Sec.  §515a 328 

— vacancy  on  Board. 

Acts,  Sec.  §515b 329 

— veterinarian  on  Board. 

Acts,  Sec.  §515b 329 

— violations  hereunder  to  be 
misdemeanor. 

Acts,  Sec.  §515f 331 

HORSES,  MARES  AND 
GELDINGS, 

See  '‘‘‘Livery  Stable  Keepers." 

not  to  be  loose  in  streets,  to 
be  guided  by  reins  or  led, 
not  allowed  on  foot-ways, 
penalty,  proviso. 

Ords.,  Art.  4,  Sec.  3 683 

on  sidewalks,  permit  required, 
proviso,  penalty. 

Ords.,  Art.  25,  Sec.  99....  991 

shoeing  in  streets  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  75....  983 

water  charges  for  other  than 
draft  horses. 

Ords.,  Art.  41,  Sec.  54....1218 

HOSE  OF  FIRE  DEPART- 
MENT, 

driving  over  when  in  use, 
penalty. 

Ords.,  Art.  11,  Sec.  49..  753 

HOSPITALS, 

Bay  View  Asylum,  curative 
treatment  for  patients  at. 

Ords.,  Art.  16,  Sec.  6 870 

burial  of  city’s  insane  from 
hospitals  having  contract 
with  city. 

Ords.,  Art.  16,  Sec.  11....  872 


HOSPITALS.— (Cont’d) . 

certificate  of  physicians  in 
treatment  of  pauper  insane. 

Ords.,  Art.  16,  Sec.  7 870 

city’s  insane  at,  dismissal 
from. 

Ords.,  Art.  16,  Sec.  10....  872 

city  patients,  burial  of. 

Ords.,  Art.  16,  Sec.  9, 11 

871-2 

collection  of  fines,  etc.,  im- 
posed. 

Ords.,  Art.  16,  Sec.  16....  873 

consumptives  hospital . 

Acts,  Sec.  §493e 323 

contracts  with,  by  city  for 
treatment  of  indigent  in- 
sane. 

Ords.,  Art.  16,  Sec.  10....  872 

examination  monthly  of 


patients  at  Bay  View. 

Ords.,  Art.  16,  Sec.  6 870 

general  powers. 

Acts,  Sec.  6 54 


hospitals  treating  city’s  in- 
sane, regulation  of. 

Ords.,  Art.  16,  Sec.  10....  872 

Infectious  Diseases,  Hospitals 
for, 

— appropriations  for. 


Acts,  Sec.  §493b 322 

— detention  of  suspects. 

Acts,  Sec.  §493d 322 

— diseases  to  be  treated. 

Acts,  Sec.  §493c 322 

— to  be  treated  in  tem- 
porary hospitals. 

Acts,  Sec.  §493d 322 

— erection  of  temporary 
buildings. 

Acts,  Sec.  §493d 322 

— hospital  for  consumptives 
of  Maryland. 

Acts,  Sec.  §493e 322 

— location  by  ordinance. 

Acts,  Sec.  §493b 322 

— ordinance  authorizing. 

Acts,  Sec.  §493c 322 

— site  to  be  approved  and 
anthorized  by  ordinance. 

Acts,  Sec.  §493b 322 


HOSPITA1.S. 


HOURS. 


Page 


1445 


Page 

HOSPITALS —(Cont ’d) . 

Infectious  Diseases. — (Cont’d). 


— suspects,  detention  of. 

Acts,  Sec.  §493d 322 

— temporary  places  of  deten- 
tion. 

Acts,  Sec.  §493d 322 

— vote  for  ordinance  author- 
izing. 

Acts,  Sec.  §493b 322 

Insane  Asylums, 

— buildings  already  erected 
not  to  be  used  as. 

Ords.,  Art.  16,  Sec.  2 869 

— erection  of  in  city  unlaw- 
ful. 

Ords.,  Art.  16,  Sec.  1 869 

— fine  and  penalty  for  locat- 
ing in  city. 

Ords.,  Art,  16,  Sec.  3 869 


insane  paupers,  curative  treat- 
ment for, at  expense  of  city. 
Ords.,  Art.  16,  Sec.  7 871 

maintenance  and  treatment  of 
insane  paupers. 


Ords.,  Art.  16,  Sec.  8 871 

Maryland  Hospital  transfer  to 
of  curable  indigent  lunatics. 
Ords.,  Art.  16,  Sec.  6 870 

note 871 


pauper  insane,  treatment  of 
at  expense  of  city. 

Ords.,  Art.  16,  Sec.  7 871 

penalty  for  hospitals  violating 
provisions. 

Ords.,  Art.  16.  Sec.  13....  873 

permit  for  insane  paupers  in 
State  hojpitals  at  expense 


of  city. 

Ords.,  Art.  16,  Sec.  7 871 

records  of  city  patients  at 
hospitals. 

Ords.,  Art.  16,  Sec.  8 871 


report  on  city  patients,  to  be 
made  quarterly  by  officers 
of. 

Ords.,  Art.  16,  Sec.  7 871 


HOSPITALS.— (Cont’d) . 

Sick,  Hospitals  for, 

— application  for  authority 
to  establish. 

Ords.,  Art.  16,  Sec.  4 870 

— consent  of  city  to  estab- 
lishment of. 

Ords.,  Art.  16,  Sec.  4 870 

— fine  for  unauthorized  es- 
tablishment of. 

Ords.,  Art.  16,  Sec.  5 870 

— notice  of  application  for 
authority  to  establish. 

Ords.,  Art.  16,  Sec.  4 870 

— penalty  for  unauthorized 
establishment  of. 

Ords.,  Art.  16,  Sec.  5 870 

— publication  of  application 
for  authority  to  establish. 
Ords.,  Art.  16,  Sec.  4 870 

Supervisors  of  City  Charities 
to  visit  those  having  con- 
tracts with  city. 

Ords.,  Art.  16,  Sec.  12....  873 

temporary  structures  for  treat- 
ment of  contagious  diseases. 
Ords.,  Art.  14,  Sec.  20.... 

802,  803 

HOSPITALS  FOR  INSANE, 

See  ‘ '‘Hospitals' ' sub-title  ‘ 'In- 
sane Asylums." 
city  patients  at,  maintenance 
of. 

Ords.,  Art.  16,  Sec.  8 871 

HOSPITALS  FOR  THE  SICK, 

See'‘  '‘Hospitals'  'sub-title'  'Sick, 
Hospitals  for." 

HOTELS  AND  APARTMENT 
HOUSES, 

fire  gongs  in. 

{See  "Fire  Regulations."') 

HOURS, 

for  driving  cattle  and  hogs 
through  streets. 

Ords.,  Art.  25,  Sec.  11....  964 
market  regulations  for 

Ords.,  Art.  23,  Sec.  57....  936 

Of  Labor, 

—day,  eight  hours  to  consti- 
tute; exceptions;  penalty. 
Acts,  Sec.  516 331 


HOURS. 


HOUSES  OF  REFUGE. 


1446 


Page 

HOUSES  OF  REFUGE  AND 
REFORMATION, 


Page 

HOURS.— (Cont’d). 

Of  Labor. — (Cont’d). 

— Paving  Commission,  work 
under. 

Acts,  Sec.  §841o 541 

— railroads,  employes  of. 

{See  ''Railroads  and 
Railways,  ’ ’ ) 

— street  cleaning  force. 

Ords.,  Art.  36,  Sec.  16....1146 

HOUSE  OF  CORRECTION, 

See  "Houses  of  Refuge  and 


and  Reformation . ’ ’ 
telegraph  line  to ; city  to 
maintain. 

Acts,  Sec.  782 484 

commitments  to  in  default  of 
security  to  keep  peace,  or 
payment  of  costs. 

Acts,  Sec.  142 169 

destroying  property  malicious- 
ly, imprisonment  for  in. 

Acts,  Sec.  401 297 


HOUSE  OF  GOOD  SHEP- 
HERD FOR  COLORED 
GIRLS, 

See  ' 'Houses  of  Refuge  and 
Reformation.'  ’ 

HOUSES, 

See  "Buildings'"  and  "Topo- 
graphical Survey.  ’ ’ 

numbering  same. 

Acts,  Sec.  6 79 

— in  annex. 

Ords.,  Art.  39,  Secs.  8-11 

1174 

HOUSES  OF  CORRECTION, 

See  "Houses  of  Refuge  and 
Reformation.  ’ ’ 

erection  and  regulation  of. 

{See  "Hospitals.'") 

Acts,  Sec.  6 54 

HOUSES, 

See  "Markets." 

Ords.,  Art.  23,  Sec.  113.. 

952-953 


appropriation  per  capita  for 


minors  committed. 

Acts,  Sec.  517 332 

Boys’ Home  Society  of  Balti- 
more City,  annual  appro- 
priation to. 

Acts,  Sec.  517 332 

Colored  House  of  Refuge, 
per  capita  appropriation  to. 

Acts,  Sec.  517 332 

Criminal  Court,  Judge  of  to 
visit  House  of  Good  Shep- 
herd. 

Acts,  Sec.  518 332 

Female  House  of  Refuge, 

annual  appropriation  to. 

Acts,  Sec.  517 332 

House  of  Good  Shepherd 
for  Colored  Girls,  per 
capita,  appropriation  to. 

Acts,  Sec.  517 332 

House  of  Refuge,  per  cap- 
ita appropriation  to,  im- 
provements to. 

Acts,  Sec.  517 332 

Industrial  Home  for  Col- 
ored Girls,  per  capita  ap- 
propriation to. 

Acts,  Sec.  517.. 332 

minors  in,  appropriation  for. 

Acts,  Sec.  517 331 

note,  cases  cited 332 

Police  Commissioners, 
President  of  Board  to  visit 
House  of  Good  Shepherd. 

Acts,  Sec.  518 332 

Police,  Marshal  of  to  visit 
House  of  Good  Shepherd. 

Acts,  Sec.  518 332 

St.  Mary’s  Industrial 
School,  per  capita  appro- 
priation to. 

Acts,  Sec.  517 332 

St.  Vincent  of  Pauls  Asy- 
lum of  Baltimore,  appro- 
priation to. 

Acts,  Sec.  517 332 


HOT  AIR  FURNACES. 


ILLEGAL  SALES. 


1447 


HYDRANTS  AND  FIRE 
PLUGS, 


Page 


Page 

HOT  AIR  FURNACES  AND 
HEATING  APPARATUS, 

inspection  of. 

{See' ' Inspector  of  Buildmgs'  ’ 
sub-title  ‘ 'Inspection  of  Hot 
Air  Furnaces  a7id  Heating 
Appaf'atus/') 

Ords.,  Art.  3,  Secs.  23-43 

607-613 

HOTEL  KEEPERS, 

liquors,  sale  of. 

{See  "Licenses.''’') 

HOTELS, 

See  ‘ ‘ Buildings  ; ” "Fire 
Regulations'" afid  ‘ 'Inspector 
of  Buildings.  ’ ’ 

— safety  regulations  for — 
floor  plan,  fire  escapes, 
inspection,  penalty. 

Ords.,  Art.  11,  Secs.  67, 

68 758-9 

HUCKSTERS, 

Hanover  market ; limits  for. 

Ords.,  Art.  23,  Sec.  88....  945 

HUNTING,  FISHING,  ETC., 

ON  SABBATH, 

penalty. 

Ords.,  Art.  31,  Sec.  3 1041 

HYDRANTS, 

See  ' 'Health' ' a^id  ' ' Water. ' ' 

Ords.,  Art.  14,  Sec.  114..  831 

fire  hydrants — flushing  gut- 
ters with. 

Ords.,  Art.  40.  Sec.  16  ... 

1182,  1183 

leakage  from. 

Ords.,  Art.  14,  Sec.  114..  831 

obstruction  of ; penalty. 

Ords.,  Art.  40,  Sec.  18....1183 

yard  hydrants — excessive  dis- 
charge of  water ; penalty. 

Ords.,  Art.  40,  Sec.  19.  .. 

1183,  1184 

— obstruction  of  public  hy- 
drants forbidden. 

Ords.,  Art.  40,  Sec.  18....1183  1 
— Water  Board  to  approve. 

Ords.,  Art.  40,  vSec.  21. ...1184 


water,  police  to  report  waste 
from. 

Ords.,  Art.  25,  Sec.  115..  996 

HYDRAULIC  ELEVATORS, 

See' ' Buildmgs"  sub-title"  Ele- 
vators. ' ' 

water  charges  for ; return 
tanks  for. 

Ords.,  Art.  41,  Sec.  57....1219 

HYDROSTATIC  TEST  OF 
BOILERS, 

See  "Steam  Boilers." 

HYGIENIC  AND  SANITARY 
REGULATIONS, 

See  "Health." 

cows,  cow  stables  and  dairies. 
Ords.,  Art.  14,  Secs.  33- 
55  806-812 

ICE, 

sale  of  on  Sunday,  prohibited; 
penalty. 

Acts,  Sec.  806 499 

Acts,  Sec.  807 499 

ICE  AND  SNOW, 

removal  from  streets,  etc. 

Ords.,  Art.  36,  Sec.  15. ...1145 

ICE  BOATS, 

See  "Harbor,  Docks  and 
Wharves. ' ' 

Ords.,  Art.  13,  Sec.  27..  783 

ICE  PONDS, 

See  "Health." 

Ords.,  Art.  14,  Sec.  116..  832 

ICE,  SALE  OF, 

See  "Inspections,  Weights  and 
Measures," 

Ords.,  Art.  17,  Secs . 33-4,  886 

ILLEGAL  SALES  ON 
STREETS, 

See  "Sales." 

police  regulations  for. 

Ords.,  Art.  25,  Secs.  91- 
94 988-9 


IIvIvNKSS  OF  FIRFMFN. 


IMPURE  FOODS. 


1448 


ILLNESS  OF  FIREMEN, 

no  deduction  in  pay  for. 

Ords.,  Art.  11,  Sec.  9 739 

ILLUMINATING  GAS,  OILS 
AND  FLUIDS, 

See  '"Fire  Regulations"  and 
"Gas  Companies." 

inspection  of,  (^See  "Lamps 
and  Lighting  " sub-title 
"Assistant  Superintendent 
of") 

Ords.,  Art.  20,  Secs.  24- 

30 901-3 

kerosene,  coal  oil,  etc,,  sale 
of. 

Ords.,  Art.  11,  Sec.  86  ...  766 

IMMIGRANTS, 


aliens,  master  of  vessel  to 
report  data  on,  to  Mayor, 
penalty. 

Acts,  Sec.  519 333 

ambassadors,  consuls,  minis- 
ters, exempt  from  immi- 
grant regulations. 

Acts,  Sec.  531 336 

bond  for,  secured  by  mort- 
gage, etc. 

Acts,  Sec.  522 334 

bond  of  indemnity  against 
pauper  aliens. 

Acts,  Sec.  520 333 

commutation  money,  dis- 
bursement of. 

Acts,  Sec.  528 335 

fines  and  penalties — recov- 
ery of. 

Acts,  Sec.  526 333 

— disbursement  of. 

Acts,  Sec.  529 336 

— Mayor  may  compound  or 
remit. 

Acts,  Sec.  527 333 

monies  collected.  City  Regis- 
ter’s per  centum. 

Acts,  Sec.  530 336 

per  capita  tax  on  aliens 
landed  in  lieu  of  bond. 

Acts,  Sec.  524 333 


IMMIGRANTS.— (Cont’d). 
security  to  be  approved  by 


Mayor. 

Acts,  Sec.  523 333 

sureties  on  indemnity  bond 
for. 

Acts,  Sec.  521 334 


IMPOUNDING  DOGS, 

recovery  of  dogs,  penalty  for 
owner. 

Ords.,  Art.  25,  Sec.  10....  964 

IMPROVED  PAVEMENTS, 

See  ‘ '‘Streets  and  City  Engi- 
neer. ’ ’ 

selection  of,  by  owners; 
when  authorized. 

Ords.,  Art.  35,  Sec.  61....1112 

IMPROVEMENTS, 

See  "New  Improvements." 

assessment  and  valuation  of. 

Acts,  Sec.  148 171 

Burnt  District  Commission— 
procedure  in  making. 

App.  A,  Secs.  8-28....1242-57 

description  of  to  be  filed  with 
Appeal  Tax  Court. 

Ords.,  Art.  38,  Sec.  20....1162 

permit  for,  from  Appeal  Tax 
Court  required;  penalty. 

Ords.,  Art.  38.  Secs.  18- 

19 1162 

public — {See  ‘ 'Board  of  Public 
Improvements.  ’ ’ ) 

IMPURE  FOODS, 

See  ‘ ' Health*  'sub-title  ‘ 'Foods 
and  Food  Products." 

Ords.,  Art.  14,  Sec.  62....  815 

condemnation  of,  secretion 
or  removal  after. 

Ords.,  Art.  14,  Sec.  58....  813 

definition  of. 

Ords.,  Art.  14,  Sec.  62....  815 

sale  of,  prohibited. 

Ords.,  Art.  14,  Sec.  57....  813 


INCENDIARIES. 


INFANTS. 


1449 


Page 

INCENDIARIES,  REWARD 
FOR, 

Fire  Inspector  to  offer. 

Ords.,  Art.  11,  Sec.  42....  751 

INCORPORATED  INSTITU 
TIONS, 

list  of  stockholders  to  be  fur- 
nished Appeal  Tax  Court. 
Acts,  Sec.  §155a 176 

INCORPORATIONS, 

gas  companies;  {See  '^Gas 
Companies.  ’ ’ ) 

INCUMBENTS  IN  OFFICE, 

to  hold  until  successors  ap- 
pointed. 

Acts,  Sec.  25 105 

INDECENT  PLAYS  OR  PER- 
FORMANCES, 

penalty  for,  police  regulations. 

Ords.,  Art.  25,  Sec.  101..  992 

INDEX  TO  DEEDS,  CON- 
VEYANCES,  ETC., 

See  '‘'Land  Records." 

INDEXER, 

President  of  Second  Branch  to 
employ  on  public  printing, 
compensation. 

Ords.,  Art.  29,  Sec.  17....1012 

INDEXES  OF  JUDGMENTS, 

clerks  of  Law  Courts  to  pre- 
pare. 


Acts,  Sec.  362 284 

fee  of  clerk  for  indexing 
judgments. 

Acts,  Sec.  362 284 

INDIGENT  POOR, 

almshouse  — emergency  ad- 
mission to. 

Acts,  Sec.  108 160 

— list  of  commitments  to. 

Acts,  Sec.  114 161 

appropriations  for  support  of. 

Acts,  Sec.  105 158 

— note. 

Acts,  Sec.  106 158 


Page 

INDIGENT  POOR,— (Cont’d). 


children  in  institutions. 

Acts,  Sec.  107 159 

City  may  receive  funds  for. 

Acts,  Sec.  2 42 

contracts  for  support  of. 

Acts,  Sec.  105 158 

private  institutions,  appro- 
priations to  aid. 

Acts,  Sec.  106 158 


INDUSTRIAL  HOME  FOR 
COLORED  GIRLS, 

See  '‘'Houses  of  Refuge  and 
Reformation.  ’ ’ 

INFANCY,  INSANITY  AND 
OTHER  DISABILITIES, 

See  "‘Streets,  Bridges  and 
Highways — “ Opening, 
etc.,  Streets"  and  '‘'Con- 
demnation of  Property.  ’ ’ 

opening,  extending,  etc., 
streets. 

Acts,  Sec.  6 73 

INFANTS, 

In  Improper  Homes  or  Care, 


— address  of  infants,  record 
of. 

Acts,  Sec.  §493g 323 

— application  for  licenses  for 
midwives,  houses,  etc. 

Acts,  Sec.  §493g 323 

— applicants  for  license,  ex- 
amination of. 

Acts,  Sec.  §493h 323 

— endorsement  of  applica- 
tion . 

Acts,  Sec.  §493g 323 

— fine  for  unlicensed  mid- 
wives, homes,  etc. 

Acts,  Sec  §493i 324 

— investigation  of  homes  by 
Board  of  Health. 

Acts,  Sec.  §493h 323 

— license  for  care  of  infants. 

Acts,  Sec.  §493f 323 

— midwives,  license  for. 

Acts,  Sec.  §493f 323 

— penalty  for  failure  to  take 
out  license. 

Acts,  Sec.  §493i 324 

—records  of  infants. 

Acts,  Sec.  §493g 323 


INFANl'S. 


INQUISITIONS. 


1450 


Page 

INFANTS.— (Cont’d). 

In  Improper  Homes  and 

Care. — ( Cont  ’ d ) . 

— removal  of  infants,  record 
of. 

Acts,  Sec.  §493g 323 

— sanitary  condition  of 
homes. 

Acts,  Sec.  §493h 323 

— Supervisors  of  City  Chari- 
ties, homes, etc.,  selected 
by. 

Acts,  Sec.  §493j 324 

INFLICTED  PERSONS, 

See  ''Health." 
removal  of. 

Ords.,  Art.  14,  Sec.  16....  801 

INFECTED  VESSELS, 

detention  at  quarantine 
grounds. 

Ords.,  Art.  14,  Sec.  164, 

849-850 

INFECTIOUS  DISEASES, 

See  ''Health"  and  "Hos- 
pitals," under  "Infectious 
Diseases — Hospitals  for.  ’ ’ 
Ords.,  Art.  14,  Secs.  10- 
32 799-806 

INFLAMMABLE  AND  EX- 
PLOSIVE MATERIALS, 

See  "Ftre  Regulations." 

dynamite,  nitro-glycerine,  etc. 
manufacture  of,  penalty. 

Ords.,  Art.  11,  Sec.  69....  759 

INFLAMMABLE  STORES  ON 
WHARVES,  ETC., 

matches,  etc.,  near  wharves, 
etc.,  prohibited. 

Ords.,  Art.  11,  Sec.  64.  ..  757 

INFORMER, 

See  ' 'Hackney  Carriages  and 


Coaches' ' and  ' 'Horses, 
Carriages  and  Wagons. ' ’ 

Acts,  Sec.  290 257 

penalty  for  short  measure  of 
wood,  half  payable  to. 

Acts,  Sec.  592 357 


Page 

INJUNCTIONS, 

bonds  in,  when  city  is  a party 
litigant. 

Ords.,  Art.  1,  Sec.  1„....  571 

INJURIOUS  MANUFAC- 
TORIES, 

See  "Health." 

Ords.,  Art.  14,  Secs.  65- 
77 816-820 

INJURING  PROPERTY  MA- 
LICIOUSLY, 

Fire  Department, 

— injuring  or  obstructing 
apparatus  of,  penalty. 

Ords.,  Art.  11,  Sec.  48,  753 
— houses,  fences,  chattels, 
etc.,  police  regulations, 
penalty. 

Ords.,  Art.  25,  Sec.  59,  977 

Lamps,  Lamp-posts,  etc., 

— penalty,  offender  to  pay 
cost  of  repairs. 

Ords.,  Art.  25,  Secs.  57 
58 976 

Market  Houses, 

— penalty  for. 

Ords.,  Art.  23,  Sec.  28,  928 

Trees  and  Shrubbery, 

— penalty,  proviso,  police 
regulations. 

Ords.,  Art.  25,  Sec.  107  994 

Water  Works, 

— penalty  for. 

Ords.,  Art.  40,  Sec.  22  1184 

INLETS  OF  SEWERS, 

throwing  waste  matter  in 
prohibited,  penalty. 

Ords.,  Art  25,  Sec.  95,  990 

INQUESTS, 

monthly  report  of  by  coroners. 

Acts,  Sec.  297 259 

INQUISITIONS, 

See  "Condemnation  Pro- 
ceeding f'  and  "Jury  of 
Inquisition." 


INSANE  CONVICTS. 


INSPECTIONS. 


1451 


Page 

INSANE  AND  LUNATIC 
CONVICTS, 

Vistors  of  Jail  may  remove. 

Acts,  Sec.  §120a 163 

INSANE  ASYLUMS, 

See  "‘Hospitals.''' 

Ords.,  Art.  16,  Secs.  1-3,  869 

INSANE  CITY  PATIENTS, 

death  of,  burial  of,  etc. 

Ords.,  Art.  16,  Secs.  9- 
11 871-872 

duty  of  hospital  authorities. 

Ords.,  Art.  16.  Sec.  10,  872 

maintenance  of,  report  on  by 
officers  of. 

Ords.,  Art.  16,  Sec.  8,  871 

INSANE  PRISIONERS, 

In  City  Jail, 

disposition  and  treatment  of. 

Acts,  Sec.  144 169 

INSECTIVOROUS  BIRDS, 

injury  to,  penalty. 

Ords.,  Art.  25,  Sec.  5,  962 

INSIGNIA  ON  EMBLEMS  OF 
POLICE, 

See  ‘ '‘Police  Commissioners.  ’ ’ 

INSPECTION  OF, 

boilers—  ( '‘'‘See Steam  Boilers''  ’ ) 

bread,  assizing  of. 

Acts,  Sec 55 

electric  wires  and  apparatus, 

See'‘ '‘ Inspector  of  Buildings'" 
sub -title  "‘ Electrial  Instal- 
lation and  Wiring" 

fire  apparatus — Chief  Engi- 
neer to  make. 

Ords.,  Art.  11,  Sec.  17,  742 

food — See  ‘ 'Health  sub-title 
Food  and  Food  Products.  ’ ’ 

— Commissioner  of  Health  to 
make. 

Ords.,  Art.  14,  Sec.  60,  814 

gas  meters — Superintendent 
of  Lamps  and  Lighting, 
duty  in. 

Ords.,  Art.  20,  Sec.  6,  895 


Page 

INSPECTION  OF.— (Cont’d). 

hot  air  furnaces  ana  heating 
apparatus.  (^See  "Inspect- 
or of  Buildings.  ’ ’) 

Ords.,  Art.  3,  Secs.  23 
43 607-613 

markets  houses — by  Inspector 
of  Buildings. 

Ords.,  Art.  3,  Sec.  9,  603 

nuisances — Commissioners  of 
Health  to  make. 

Ords.,  Art.  14,  Sec.  84,  822 

plumbing — certificate  of  ap- 
proval . 

Ords.,  Art.  14,  Sec.  135  838 

sewers — expense  of. 

Acts,  Sec.  6 68-69 

street  s — Commissioners  of 
Street  Cleaning  to  make 
weekly. 

Ords.,  Art.  36,  Sec.  3,  1141 

vessel  (^See  "Health.'''') 

Ords.,  Art.  14,  Sec.  162,  847 

INSPECTIONS,  WEIGHTS 
AND  MEASURES, 

See  "Health;"  " Lamps  and 
Lighting;"  "Sanitary 
inspectors;' ' Streets  and 
City  Engineer  and 
‘ ‘ Wood' ' See  also ' ' Steam 
Boilers"  and  "Inspector 
of  Buildings. ' ' 

Acts,  Secs,  532-599. ...336-359 

Bakeries  and  Confection- 
eries, 

— appointment  of  inspector 
for. 

Ords.,  Art.  17,  Sec.  35,  886 
— bond  of  inspector. 

Ords.,  Art.  17,  Sec.  37,  887 
— duties  of  in.spector. 

Ords.,  Art.  17,  Sec.  35,  887 
— inspector  of,  appoint- 
ment. 

Ords.,  Art.  17,  Sec.  35,  886 
— notice  to  offenders  before 
enforcing  penalties. 

Ords.,  Art.  17,  Sec.  38,  887 
— penalties  for  violation  of 
sanitary  regulations. 

Ords.,  Art.  17,  Sec.  35,  887 


INSPECTIONS. 


INSPECTIONS. 


1452 

INSPECTIONS,  WEIGHTS 

AND  MEASURES.— (Cont’d).  : 


Bakeries  and  Confection- 
eries.— (Cont’d) . 

— qualifications  of  inspector, 

Ords.,  Art.  17,  Sec.  36,  887 
— report  of  unsanitar}'  estab- 
lishments to  Commis- 
sioner of  Health. 

Ords.,  Art.  17,  Sec.  35,  887 
— sanitary  requirements  pen- 
alty for  violation  of. 

Ords.,  Art.  17,  Sec.  35,  887 

barrel — for  measurement  of 
greens  peas  and  beans 
in  hull. 

Acts,  Sec.  532-534....336-337 

Charcoal, 

— appointment  of  measurer. 
Ords.,  Art.  17,  ,Sec.  24, 

883-884 

— bushel,  dimensions  of  mea- 
sure. 

Ords.,  Art.  17  Sec.  28,  885 
— deputy  measurers,  ap- 
pointment, oath. 

Ords.,  Art.  17,  Sec.  24, 

883-884 

— fees  of  measurer. 

Ords.,  Art.  17,  Sec.  26.  884 
— fine  for  sales  without 
measurement. 

Ords.,  Art.  17,  Sec.  26,  884 
— fraud  of  vendor,  penalty. 

Ords.,  Art.  17,  Sec.  30,  885 
— measurer  not  to  be  dealer. 

Ords.,  Art.  17,  Sec.  29,  885 

— note .884 

— oath  of  measurer  and  de- 
. puties. 

Ords.,  Art.  17,  Sec.  24,  884 
— retail  sales,  measurement 
not  required. 

Ords.,  Art.  17,  Sec.  27,  885 
— sales  without  measure- 
ment, penalty. 

Ords.,  Art.  17,  Sec.  26,  884 
— stands  for  measurement. 
Mayor  to  designate. 

Ords.,  Art.  17,  Sec.  25,  884 

Coal, 

— policemen  to  enforce  coal 
law,  penalty. 

Acts,  Secs.  537-539A  338-339 


INSPECTIONS,  WEIGHTS 

AND  MEASURES.-(Cont’d). 

Coal. — (Cont’d) . 

— sale  of,  lawful  tons,  penal- 
ty for  short  weight, 
proviso. 

Ords.,  Art.  17,  Sec.  31,  885 
— sales  by  bushel,  etc. 

Acts,  Sec.  540 339 

— scales  for  coal  required, 
penalty  for  lailure  of 
dealer  to  provide  same. 

Acts,  Sec.  535 337 

— seller’s  compensation  for 
weighing. 

Acts,  Sec.  539 339 

— to  provide  memorandum 
of  weight,  penalty  for 
failure. 

Acts,  Sec.  538 338 

— sold  by  Avagons,  to  be 
weighed,  penalty. 

Acts,  Sec.  536 337-338 

excavations  in  streets  by  pri- 
vate parties;  inspection  of 
work  by  City  Engineer. 

.Ords.,  Art.  35,  Sec.  10, 

1093-1094 

fines  and  penalties. 


Acts,  Sec.  6 55-57 

— recovery  of. 

Acts,  Sec.  570 349 


— recovery  and  disposition  of. 

Ords.,  Art.  17,  Sec.  39..  888 

firewood,  sale  by  cord  or 
fraction  thereof,  penalty, 
proviso. 

Ords.,  Art.  17,  Sec.  32..  886 

foods  and  food  products — in- 
spection and  analysis  of. 

Ords.,  Art.  14,  Sec.  60..  814 
— inspectors  and  analysts  of; 
duties  and  salaries. 

Ords.,  Art.  14,  Sec.  61..  814 

gas  companies,  overcharge 
by  prohibited. 


Acts,  Sec.  542 340 

gas  meters — consumer  may 
cause  same  to  be  tested; 
rules  governing  such  tests. 

Acts,  Sec.  543 340 

— to  be  installed  by  gas  com- 
panies. 

Acts,  Sec.  541 


.339-340 


INSPECTIONS. 


INSPECTIONS. 


1453 


Page 

INSPECTIONS,  WEIGHTS 

AND  MEASURES.— (Cont’d). 


Page 

INSPECTIONS,  WEIGHTS 

AND  MEASURES.— (Cont’d). 

Gaugers  of  Casks  and  Liquors, 

— fraud  or  collusion  by 
gaugers;  penalty. 

Acts,  Sec.  551 343 

— gauger’s  charges. 

Acts,  Sec.  — 

— gauging  not  required, 
when. 

Acts,  Sec.  546 341 

— gaugers  to  procure  instru- 
ments and  mark  casks; 
forfeiture  for  fraud  of 


owner  or  seller. 

Acts,  Sec.  547.. 341-342 

— gauging  without  license  or 
outside  of  city  limits; 
penalty. 

Acts,  Sec.  551 343 

— licenses. 

Acts,  Sec.  544 340-341 

— penalty  for  false  marking. 

Acts,  Sec.  549 342 

— who  cannot  act  as. 

Acts,  Sec.  546 341 

— wine  measure  to  be  used; 
penalty  for  error. 

Acts,  Sec.  548 342 

general  powers. 

Acts,  Sec.  6 55 


green  peas  and  beans  in  the 
hull;  barrel  for  measure- 
ment of. 

Acts,  Secs.  532-534....336-337 

Hay  and  Straw, 

— accounting  by  inspectors  . 


to  Treasurer  for  lees  for 
weighing. 

Acts,  Sec.  564 346 

— adjustment  of  scales. 

Acts,  vSec.  563 346 

— bond  of  Inspectors. 

Acts,  Sec.  553 343 

— certificate  of  weight  by  In- 
spector. 

Acts,  Sec.  555 344 

— certificate  of  weight  by 
private  weigher;  when 
lawful . 

Acts,  Sec.  557 344-345 

— fees  of  Inspector. 

Acts,  Sec.  556 344 

— fraud  after  weighing. 

Acts,  Sec.  559 


Hay  and  Straw. — (Cont’d). 

— Inspectors,  appointment 
of. 

Acts,  Sec.  552 343 

— live  stock  to  be  weighed  at 
Canton  hay  scales. 

Acts,  Sec.  565 ....346-347 

— penalty  against  vendor  for 
fraud  or  failure  to  weigh; 
exceptions. 

Acts,  Sec.  557 344 

— penalty  for  false  certificate 
by  private  weigher. 

Acts,  Sec.  558 345 

— for  short  weight. 

Ords.,  Art,  17,  Sec.  1.... 875-6 
— re-weighing  of  vehicles  by 
Inspector;  costs  of  re- 
weighing. 

Acts,  Sec.  560 345-346 

— seller  to  weigh  load  and 
vehicle. 

Ords.,  Art.  17,  Sec.  1..875-6 
— storage  charges,  at  State 


hay  scales. 

Acts,  Sec.  562 346 

— weighing  of,  by  Inspect- 
ors. 

Acts,  Sec.  554 343 


ice — bushel  measure,  stand- 
ard weight  of,  penalty. 

Ords.,  Art.  17,  Sec.  34  ...  886 
— sales  of,  weighing  when 
sold,  vendor  to  have 

Ords.,  Art.  17,  Sec.  33  886 

inspectors  and  analysts;  ap- 
pointment and  duties. 

Acts,  Sec.  6 55-57 

Keepers  of  the  Standards  of 
Weights  and  Measures, 

— additional  compensation 
to. 

Ords.,  Art.  17,  Sec.  23..  883 
— adjust  weights,  etc.,  and 
compare  with  standards 
quarterly. 

Ords.,  Art.  17,  Sec.  8..  878 
— altering  scales,  etc.,  after 
inspection,  penalty. 

Ords.,  Art.  17,  Sec.  15..  881 
— annual  inspection  of  dry, 
long  and  liquid  mea{5- 
ures. 

Ords.,  Art.  17.  Sec.  17..  882 


345 


INSPECTIONS. 


INSPECTIONS . 


1454 


Page 

INSPECTIONS,  WEIGHTS 

AND  MEASURES.— (Cont’d). 
Keepers  of  the  Standards  of 
Weights,  etc. — (Cont’d). 

— appointment  of,  duty, 
bond, 

Ords.,  Art.  17,  Sec.  4..  877 
— attend  at  markets,  etc., 
once  each  year. 

Ords. , Art.  17,  Sec.  20..  882 
— badge  of  oflSce  of. 

Ords.,  Art.  17,  Sec.  19  882 
— beams  and  scales,  inspec- 
tion and  stamping. 

Ords.,  Art.  17,  Sec.  12  880 
— branding  weights  and 
measures,  symbol,  pen- 
alties. 

Ords.,  Art.  17,  Secs. 

10-14 879-81 

— bushel  and  half-bushel 
measures. 

Ords.,  Art.  17,  Sec.  9....  878 
— compensation  of. 

Ords.,  Art.  17,  Sec.  16..  881 
— Comptroller  to  procure 
sets  of  weights. 

Ords.,  Art.  17,  Sec.  6..  877 
— condemned  balances,  etc., 
penalty  for  subsequent 
use. 

Ords.,  Art.  17, Sec.  14  880-1 
— counterfeiting  brand  or 
stamp,  penalty. 

Ords.,  Art.  17,  Sec.  11  880 
— dimensions  of  dry  meas- 
ures, penalty. 

Ords.,  Art.  17,  Sec.  9..  878 
— districts  of,  city  divided 
into. 

Ords.,  Art.  17,  Sec.  4..  877 
— dry  measures,  dimensions 
of. 

Ords.,  Art.  17,  Sec.  9 ...  877 
— inspection  and  stamping 
symbol. 

Ords.,  Art.  17,  Secs. 

10,  11 879-80 

— false  weights,  scales,  etc., 
seizure  and  sale  of. 

Ords.,  Art.  17,  Sec.  21  883 
— fees  of. 

Ords.,  Art.  17,  Sec.  16  881 
— division  of,  by  City 
Register. 

Ords.,  Art.  17,  Sec.  22  883 


Page 

INSPECTIONS.  WEIGHTS 
AND  MEASURES.— (Cont’d). 

Keeper*  of  the  Standards  of 
Weights,  etc. — (Cont’d). 

— inspection  and  stamping 
of  weights  and  meas- 
ures. 

Ords.,  Art.  17,  Secs. 

10-14 879-80 

— markets,  to  attend  at, 
once  a year. 

Ords.,  Art.  17,  Sec.  20  882 
— measures,  dry,  branding, 
symbol,  penalty. 

Ords.,  Art.  17,  Secs. 

10,  11 879-80 

— monthly  returns  on  oath 
to  Comptroller. 

Ords.,  Art.  17,  Sec.  22  883 
— obstructing  inspection  and 
adjustment  of  scales, 
etc.,  penalty. 

Ords.,  Art.  17,  Sec.  21..882-3 
— offices  of,  office  hours. 

Ords.,  Art.  17,  Sec.  5 ...  877 
— neglect  to  have  inspec- 
tions made,  penalty. 

Ords.,  Art.  17,  Sec.  21  882-3 

— note 877 

— official  badge  of. 

Ords.,  Art.  17,  Sec.  19  882 
— patent  balances  and  plat- 
form scales,  inspection 
and  stamping. 

Ords.,  Art.  17,  Sec.  13  880 
— peck  measure,  dimen- 
sions. 

Ords.,  Art.  17,  Sec.  9..  879 
— penalties. 

Ords.,  Art.  17,  Secs. 

8-15, 18,  21 878-83 

— qualifications  of. 

Ords.,  Art.  17,  Sec.  4..  877 
— records  of  inspections,  to 
exhibit  to  Mayor  annu- 
ally. 

Ords.,  Art.  17,  Sec.  20..  882 
— reside  in  district  for  which 
appointed. 

Ords.,  Art.  17,  Sec.  4..  877 
— return  of  collections 
monthly  to  Comptroller. 

Ords.,  Art.  17,  Sec.  22  883 
— scale  beams,  etc.,  stamping 
of. 

Ords.,  Art.  17,  Sec.  12  880 
— standard  set  of  weights. 

Ords.,  Art.  17,  Sec.  6..  877 


INSPECTIONS. 


1455  INSPECTOR  OF  BUIEDINGS. 

Page 


Page 

INSPECTIONS,  WEIGHTS 

AND  MEASURES.— (Cont’d). 
Keepers  of  the  Standards  of 
Weights,  Etc. — (Cont’d). 

— use  of  condemned  weights, 
penalty. 

Ords.,  Art.  17,  Sec.  15  881 
— weights  and  measures,  set 
for  each  keeper,  standard 
set. 

Ords.,  Art.  17,  Sec.  6..  877 
— to  conform  to  United 
States  standards. 

Ords.,  Art.  17,  Sec.  7 878 
— live  stock — additional  bond 
of  inspector  at  Canton  hay 
scales. 


Acts.  Sec.  569 348 

— impounding  by  inspector 
for  fees. 

Acts,  Sec.  567 348 

— inspector  at  Canton  hay 
scales,  compensation  of. 

Acts,  Sec.  566 347 


— inspector  at  Canton  hay 
scales,  to  record  weights 
and  report  thereon  semi- 
annually to  Comptroller. 

Acts,  Sec.  566 347 

— penalty  for  failure  of  In- 

spector to  w-eigh  promptly 

Acts.  Sec.  568 348 

— to  be  weighed  at  Canton 
hay  scales,  weighing 
charges. 

Acts,  Sec.  565 346-347 

manure — cartload  to  contain 
forty  cubic  feet. 

Acts,  Sec.  571 349 

milk  and  food  products,  sale 
of  milk,  etc. 

Acts,  Sec.  6 55 

miscellaneous  articles  to  be 
weighed  by  inspectors. 

Acts,  Sec.  561  346 

obstruction  of  streets  by  goods 
being  inspected. 

Ords.,  Art.  17,  Sec.  3 876 

oils,  fluids  and  other  petroleum 
products. 

Acts,  Sec.  6 50 

penalties  imposed,  recovery 
and  disposition  of. 

Ords.,  Art.  17,  Sec.  39....  888 


INSPECTIONS,  WEIGHTS 

AND  MEASURES.— (Cont’d). 
Keepers  of  the  Standards  of 

Weights,  Etc. — (Cont’d). 

reports  of  inspectors,  quarter- 
ly, oath  to. 

Ords.,  Art.  17,  Sec.  2..  876 

— under  oath  quarterly  to 

Mayor. 

Ords.,  Art.  17,  Sec.  2 876 

steam  boilers — See  ( ‘ Steam 
Boilers.  ’ ’ ) 

theatres,  hotels,  public  halls, 
churches,  school  houses, 
etc.,  etc.,  to  be  inspected  to 
determine  fire  escape  equip- 
ment. 

Acts,  Sec.  80 142 

vessels — inspection  of,  by 
Quarantine  Hospital 
Phvsician. 

Ords.,  Art.  14,  Sec.  162..  847 

weights  and  measures. 

Acts,  Sec.  6 55 

INSPECTOR  OF  BUILDINGS, 

See  '‘"Buildings.'’' 

Acts,  Sec.  68 137 

alteration,  etc.,  plans  stamped 
by,  unlawful. 

Ords.,  Art.  3,  Sec.  7 602 

alterations  and  repairs,  per- 
mit for. 

Ords.,  Art.  3,  Sec.  11 604 

annual  inspection  of  and  re- 
port on  market  houses. 

Ords.,  Art.  3,  Sec.  9 603 

appeal  from  order  of,  in  dam- 
age by  fire  to  wooden 
buildings. 

Ords.,  Art.  , Sec.  92 631 

Appeal  Tax  Court  to  issue 
permits  for  new  structures. 

Ords.,  Art.  3,  Sec.  5 600-1 

appointment,  qualifications 
of. 

Acts,  Sec.  79 141 

area  of  buildings. 

Ords.,  Art.  3,  Sec.  181....  671 


INSPECTOR  OF  BUILDINGS.  1456  INSPECTOR  OF  BUILDINGS. 


Page 

INSPECTOR  OF 

BUlLDINGS.-(Cont’d) . 

assistants,  clerks  and  sub- 
ordinates; appointment  and 
compensation  of. 

Acts,  Sec.  82 142 

awnings,  permit  for  erection, 
fee. 

Ords.,  Art.  3,  Sec.  134....  651 

bath  rooms,  bay  windows, 
porches,  etc.,  construction 
permits;  (See  ‘ Buildings  ' ’) 
Ords.,  Art.  3,  Secs.  13- 
22  604-607 

building  laws  and  regulations 
to  be  enforced  by. 

Acts,  Sec.  79 141 

Acts,  Sec.  82 142 

— permits,  (See  ‘ '‘Buildings,  ’ ’ 

‘ 'Permits  for  Building.  ’ ’ ) 
Ords.,  Art.  3,  Sec.  5..600-601 

buildings,  to  examine  for 
compliance  with  fire  regu- 
lations. 

Ords.,  Art.  11,  Sec.  40....  750 

chimneys,  flues,  etc.,  (See 
"‘Buildings."^ 

consent  in  writing  of  residents 
to  issuing  of  permits  to  be- 
come records  of  office. 

Ords.,  Art.  3,  Sec.  5. ...600-01 


city  buildings — construction 
and  repair  of;  duties  and 
powers  of  inspector. 

Acts,  Sec.  89 148 

contracts — specifications  in,  to 
provide  for  inspection  by 
Inspector  of  Buildings. 

Ords.,  Art.  3,  Sec.  3 599 

duties;  salary. 

Acts,  Sec.  79 141 


Electrical  Installation  and 
Wiring, 

— additions  to  existing  work 


permit  required. 

Ords.,  Art.  3,  Sec.  48 616 

— application  for  permit,  re- 
quirements for. 

Ords.,  Art.  3,  Sec.  45 614 

— central  stations  exempt. 

Ords.,  Art.  3,  Sec.  44. 


Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d). 

Electrical  Installation  and 

Wiring. — (Cont’d). 

— certificate  of  safety. 

Ords.,  Art.  3,  Sec.  48 616 

— for  isolated  plants. 

Ords.,  Art.  3,  Sec.  54 618 

— conditions  of  permit,  com- 
pliance with. 

Ords.,  Art.  3,  Sec.  45 614 

— current,  restrictions  on  use 
of. 

Ords.,  Art.  3,  Sec.  44 614 

— not  to  be  turned  on  before 

certificate  had. 

Ords.,  Art.  3,  Sec.  48 616 

— damages,  city  not  liable  in . 

Ords.,  Art.  3,  Sec.  53 618 

— dangerous  wires,  notice  to 
owners  to  rectify. 

Ords.,  Art.  3,  Sec.  47 615 

— Inspector  may  cut. 

Ords.,  Art.  3,  Sec.  47 615 

— dead  and  unused  wires, 
removal  of. 

Ords.,  Art.  3,  Sec.  49. .616-17 
— emergency  repairs  and 
work. 

Ords.,  Art.  3,  Sec.  45 614 

— exemption  of  isolated 
plants. 

Ords.,  Art.  3.  Sec.  54 618 

— exposed  work  and  emergen- 
cy repairs  to  concealed 
work,  report  of  to.  In- 
spector of  Buildings. 

Ords.,  Art.  3,  Sec.  45..614-15 
— injury  from  defective  instal- 
lation, liability  for. 

Ords.,  Art.  3,  Sec.  53 618 

— inspection  of  existing  con- 
struction. 

Ords.,  Art.  3,  Sec.  47 615 

— of  work  under  permit. 

Ords.,  Art.  3,  Sec.  46 615 

— inspectors,  qualifications  of. 

Ords.,  Art.  3,  Sec.  52 617 

— isolated  plants,  exemption 
of. 

Ords.,  Art.  3,  Sec.  54 618 

— liability  in  damages  not 
assumed  by  city. 

Ords.,  Art.  3,  Sec.  53 618 

— new  work,  certificate  for. 

Ords.,  Art.  3,  Sec.  48 616 

— notice  to  owners  of  work 
deemed  unsafe. 

Ords.,  Art.  3,  Sec.  45 614 


614 


INSPECTOR  OF  BUILDINGS.  1457  INSPECTOR  OF  BUILDINGS. 


• Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d). 

Electrical  Installation  and 

Wiring. — (Cont’d) . 

— notice  to  cut  off  current 
from  dangerous  equip- 
ment- 

Ords.,  Art.  3,  Sec.  47 615 

— obstructing  inspection, 
penalty. 

Ords.,  Art.  3,  Sec.  51....  617 
— obstructions  to  inspection, 
removal  of. 

Ords.,  Art.  3,  Sec.  46 — 615 
— owner’s  liability  in  damages 
not  relieved. 

Ords.,  Art.  3,  Sec.  53 618 

— penalty  for  obstructing 
inspector. 

Ords.,  Art.  3,  Sec.  51 617 

—for  violation  of  provisions. 

Ords.,  Art.  3,  Sec.  50 617 

— permit,  conditions  of  issue. 

Ords.,  Art.  3,  Sec.  45 614 

—qualifications  of  electrical 
inspectors. 

Ords.,  Art.  3,  Sec.  52 617 

— removal  of  dead  wires  at 
expense  of  owner. 

Ords.,  Art.  3,  Sec.  49..616-17 
— repairs  to  concealed  work 
in  emergency. 

Ords.,  Art.  3,  Sec.  45..614-15 

Inspections, 

— {See  ‘ 'Buildings,  ’ ’ ) 

Ords.,  Art.  3 618-626 

— appeals  from  orders  of  In- 
spector of  Buildings. 

Ords.,  Art.  3,  Sec.  73....  626 
— approve  cars  of. 

Ords.,  Art.  3,  Sec.  62....  623 
— construction  of,  permit  and 
certificate. 

Ords.,  Art.  3,  Sec.  55....  618 
— of  miscellaneous  types  to 
be  approved  by. 

Ords.,  Art.  3,  Sec.  72 626 

— plans  and  models,  may 
require  builder  to  furnish . 

Ords.,  Art.  3,  Sec.  71....  625 
— register  of,  inspection  of. 

Ords.,  Art.  3,  Secs.  56-57  619 
— repairs  in  emergency,  notice 
of. 

Ords.,  Art.  3,  Sec.  67....  624 
— shafts,  windows  of. 

Ords.,  Art.  3,  Sec.  62. .622-3 


Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d) . 
Inspections. — (Cont’d) . 

— signs  and  notices,  uniform 
in  size. 

Ords.,  Art.  3,  Sec.  70....  625 

encroachments,  notice  to  re- 
move. 

Ords..  Art.  3,  Sec.  102....  634 

fences  and  sign  boards,  per- 
mit for. 

Ords.,  Art.  3,  Sec.  76....626-7 

fire  escapes  and  alarms, 
buildings  requiring. 

Ords.,  Art.  3,  Sec.  83. .628-29 

fire  exits — duties  in  relation 


to. 

Acts,  Sec.  80. 142 

— owners  to  provide. 

Acts,  Sec.  80 142 

— penalty  for  absence  of  on 
inspection  by. 

Acts,  Sec.  81.. 142 


fire  gongsin  hotels,  {See'  'Fire 
Regulations.  ’ ’ ) 

frame  sheds  and  wooden 


buildings,  permit  for,  fee. 

Ords.,  Art.  3,  Sec.  87 630 

— where  permitted — proviso. 

Ords.,  Art.  3,  Sec.  4 600 


gasoline  storage  tanks,  per- 
mit for. 

Ords.,  Art.  11,  Sec.  76....  762 

heating  apparatus,  duties  in 
relation  to.  {See  "Build- 
ings;" sub-title"  Chimneys, 
Flues  and  Heating  Appa- 
ratus. ’ ’ ) 

Ords.,  Art.  3,  Secs.  23- 

43 607-613 

height  of  buildings,  approval 
of  materials. 

Ords.,  Art.  3,  Sec.  97 633 

Inspections  of  Hot  Air  Fur- 
naces and  Heating  Apparatus, 

—annoying  and  dangerous 
chimneys,  removal  of. 

Ords.,  Art.  3,  Sec.  43 613 

— ash  boxes  other  than  iron 
prohibited,  penalty. 

Ords.,  Art.  3,  Sec.  43 613 


INSPECTOR  OF  BUILDINGS.  1458  INSPECTOR  OF  BUILDINGS. 


Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d). 
Inspection  of  Hot  Air  Fur- 
naces, Etc. — (Cont’d). 
—chimneys,  etc.,  causing 
annoyance  and  danger  to 
surrounding  property, 
penalty. 

Ords.,  Art.  3,  Sec.  43 613 

— condemn  defective  appara- 
tus. 

Ords.,  Art.  3,  Sec.  37..611-12 
— defective  apparatus,  failure 
to  repair,  penalty. 

Ords.,  Art.  3,  Sec.  40 

612-13 

— delay  in  making  repairs, 
penalty. 

Ords.,  Art.  3,  Sec.  40 

612-13 

— entry  into  dwellings,  etc., 
to  in.spect. 

Ords.,  Art.  3 Sec.  37....611-12 
— failure  or  neglect  to  obtain 
permit,  penalty. 

Ords.,  Art.  3,  Sec.  38 612 

— to  repair  or  remove 
defective  apparatus,  pen- 
alty. 

Ords.,  Art.  3,  Sec.  40 

612-13 

— installation  of  apparatus, 
permit  for,  penalty. 

Ords.,  Art.  3,  Sec. 38 612 

— neglect  to  return  permit, 
penalty. 

Ords.,  Art.  3,  Sec.  41 613 

— notice  to  owners  of  annoy- 
ing and  dangerous  chim- 
neys. 

Ords.,  Art.  3,  Sec.  43 613 

— obstructing  inspection, 
penalty. 

Ords.,  Art.  3,  Sec.  39 612 

— permit  for  installation,  re- 
turn of. 

Ords.,  Art.  3,  Sec.  38 612 

limits  within  which  building 
laws  operate. 

Ords.,  Art.  3,  Sec.  4 600 

new  structures.  Appeal  Tax 
Court  to  issue  permits  for. 

. Ords.,  Art.  5,  Sec.  5 600-1 

notice  to  number  houses ; 
penalty. 

Ords.,  Art.  3,  Sec.  120....  646 


. Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d). 

numbering  houses,  errors, 
etc.,  in  failure  to  number, 
penalty. 

Ords.,  Art.  3,  Sec.  120....  646 

official  stamp  on  plans,  etc. 

Ords.,  Art.  3,  Sec.  5....600-01 

party  walls ; notice  to  owner 
to  underpin,  costs. 

Ords.,  Art.  3,  Sec.  165....  663 
— repair  or  removal. 

Ords.,  Art.  3,  Sec.  167....  664 


permanent  record  of  plans  of 
buildings  to  be  occupied  by 
more  than  twenty-five  per- 
sons. 

Ords.,  Art.  3,  Sec.  6 602 

plans  and  specifications — In- 
spector to  approve. 

Ords.,  Art.  3,  Sec.  7 602 

— to  be  filed  in  office  of. 

Ords.,  Art.  3,  Sec.  6 602 

public  improvements,  depart- 
ment of;  Inspector  member 
of. 

Acts,  Sec.  84 143 

public  safety,  head  of  fourth 
sub-department  of. 

Acts,  Sec.  89 148 


removal  of  wooden  buildings, 
consent  of  property  owners. 
Ords.,  Art.  3,  Sec.  100  ...  633 

repair  of  city  buildings. 

Ords.,  Art.  3,  Sec.  10 603 

roofs,  cornices  and  scuttles. 

(See  ‘ 'Buildings.  ’ ’ ) 

Ords.,  Art.  3,  Secs.  121- 
123 647-648 

safes,  machinery  and  weights 
in  buildings,  permit  for. 

Ords.,  Art.  3,  Sec.  117....  645 

school  buildings,  to  supervise 
construction. 


Ords.,  Art.  3,  Sec.  31 610 

—construction  of,  and  plans 
relating  to. 

Acts,  Sec.  99 153 


INSPECTOR  OF  BUILDINGS.  1459  INSPECTOR  OF  BUILDINGS. 


Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d). 

— temporary  buildings — erec- 
tion of. 

Ords.,  Art.  32,  Sec.  5..1044-5 

sheds  for  storage  and  manu- 
facturing purposes,  permit 
for. 

Ords.,  Art.  3,  Sec.  88 630 

— lathing  and  plastering. 

Ords.,  Art.  3,  Sec.  91 631 

— temporary,  for  buildings, 
permit  for. 

Ords.,  Art.  3,  Sec.  99 633 

sinks  of  public  schools,  clean- 
ing. 

Ords.,  Art.  3,  Sec.  130....  650 


spark  catchers,  where  re- 
quired. 

Ords.,  Art.  3,  Sec.  86 629 

specifications  in  contracts  pro- 
viding for. 

Ords.,  Art.  3,  Sec.  3 598 


Steam,  Gas  and  Gasoline  En- 
gines and  Machinery, 

— affidavit  to  application  for 
permit, 

Ords.,  Art.  3,  Sec.  140  ...  653 
— alterations,  permit  for. 

Ords.,  Art.  3,  Sec.  145  ...  655 
— appeal  from  order  to  re- 
move. 

Ords.,  Art.  3,  Sec.  142  ...  654 
— application  for  permit, 
what  to  show,  blanks  for. 

Ords.,  Art.  3,  Sec.  139...  653 
— fee. 

Ords.,  Art.  3,  Sec.  141....  653 
— boilers,  low  pressure,  per- 
mit for,  publication  un- 
necessary. 

Ords.,  Art.  3,  Sec.  147....  656 
— for  low  pressure,  not 
to  use  for  power,  penalty. 

Ords.,  Art.  3,  Sec.  148....  656 
— for  low  pressure,  not 
to  exceed  ten  pounds, 
penalty. 

Ords.,  Art.  3,  Sec.  149  ...  657 


Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d). 
Steam,  Gas  and  Gasoline 
Engines,  Etc. — (Cont’d). 

— steam,  installation,  per- 
mit for. 

Ords.,  Art.  3,  Sec.  138....  652 
— steam,  penalty  for  instal- 
lation without  permit. 

Ords.,  Art.  3,  Sec.  143  ...  654 
— changes  in  installation, 
permit  for  as  in  new 
work. 

Ords.,  Art.  3,  Sec.  145....  655 
—engineer,  competent,  to 
have  charge  of. 

Ords.,  Art.  3,  Sec.  140....  653 
— gas  and  gasoline  engines, 
installation,  permit. 

Ords.,  Art.  3,  Sec.  138.  ..  652 
— gasoline,  storage  tanks  for. 

Ords.,  Art.  3,  Sec.  146  ...  656 
— issue  of  permit. 

Ords.,  Art.  3,  Sec.  141....  653 
— ^low  pressure  boilers,  per- 
mit, publication  unneces- 
sary. 

Ords.,  Art.  3,  Sec.  147  ...  656 
— not  to  use  for  power,  pen- 
alty. 

Ords.,  Art,  3,  Sec.  148...  656 
— excessive  pressure , pen  - 
alty. 

Ords.,  Art.  3,  Sec.  149....  657 
— Mayor  to  approve  permits. 

Ords.,  Art.  3,  Sec.  141....  653 
— revocation  of  permits. 

Ords.,  Art.  3,  Sec.  142  ...  654 
— permit,  condition  of  issue, 

Ords.,  Art.  3,  Sec.  139...  653 
— protests  against  permit, 
disposition  of. 

Ords.,  Art.  3,  Sec.  141....  653 
— publication  of  application, 
requirements  for. 

Ords.,  Art.  3,  Sec.  141.  ..  653 
— removal  of  plant  on  revo- 
cation of  permit. 

Ords.,  Art.  3,  Sec.  142  ...  654 
— revocation  of  permit. 

Ords.,  Art.  3,  Sec.  142....  654 
— steam  engine  installation, 
permit  for, 

Ords.,  Art.  3,  Sec.  138. ...  652 
— storage  tanks  for  gasoline. 

Ords.,  Art.  3,  Sec.  146  ...  656 


INSPECTOR  OF  BUILDINGS.  1460  INSPECTORS  AND  ANALYSTS. 


Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d). 


Subordinates, 

Ords.,  Art.  3,  Sec.  1..598,  599 

— appointment  of 598 

— assistant  clerk 599 

— assistant  inspector 599 

— chief  clerk 599 

— compensation  of 599 

— construction  engineer  and 

assistants 599 

— district  inspectors 599 

— draftsman 599 

— elevator  inspector 599 

— extra  clerk 599 

— furnace  inspector 599 

— gasoline  inspector 599 


— permit  and  notice  clerks..  599 
— stenographer 

tenement,  lodging  and  apart- 
ment houses. 

{See  under  this  title.') 

— ventilation  of. 

Ords.,  Art.  3,  Sec.  125..648-9 

Unsafe  and  Condemned  Build- 
ings, 

— appeal  from  orders  of  In- 
spector of  Building. 

Ords.,  Art.  3,  Sec.  150  ...  657 
— approval  of  Mayor  to  safety 
measures. 

Ords.,  Art.  3,  Sec.  152..-..  658 
— compliance  with  notice  to 
secure,  duty  of  owner. 

Ords.,  Art.  3,  Sec.  150....  657 
— cost  of  safety  measures, 
payment  of,  lien  of. 

Ords.,  Art.  3,  Sec.  151....  658 
— damages  in  demolition, 
owner  liable  for. 

Ords.,  Art.  3,  Sec.  151....  658 
— disregard  of  notice,  pro- 
ceedings upon. 

Ords.,  Art.  3,  Sec.  151....  657 
— emergency  action.  Mayor 
to  authorize. 

Ords,,  Art.  3,  Sec.  153....  658 
— execution  on  lien  of  costs. 

Ords.,  Art.  3,  Sec.  151  ..  658 
— fine  for  disregard  of  notice, 

Ords.,  Art.  3,  Sec.  150....  657 
— foreclosure  of  lien  of  costs. 

Ords,,  Art.  3,  Sec.  151....  658 
— lien  of  costs  of  making  safe. 

Ords.,  Art.  3,  Sec.  151....  658 
— Mayor  to  approve  safety 
measures. 

Ords.,  Art.  3,  Sec.  152....  658 


Page 

INSPECTOR  OF 

BUILDINGS.— (Cont’d) . 
Unsafe  and  Condemned 

Buildings. — (Cont’d). 

— Mayor  to  authorize  im- 
mediate action  when  nec- 
essary. 

Ords.,  Art.  3,  Sec.  153....  658 

— note 658 

— notice  in  writing  to  owner 
tc  make  safe. 

Ords.,  Art.  3,  Sec.  150....  657 
— notice,  when  to  be  posted 
on  premises,  contents  of. 

Ords.,  Art.  3,  Sec.  151....  657 
— penalt}^  for  disregard  of 
notice. 

Ords.,  Art.  3,  Sec.  150....  657 
— posting  notice  to  owner  on 
premises. 

Ords.  , Art.  3,  Sec.  151....  657 
— proceedings  when  notice 
disregarded. 

Ords.,  Art.  3,  Sec,  151.  ..  657 

vaults  and  areas, 

{See  ''Building s"''  and 
"Vaults  and  Areas.") 

— cellar  doors  — alterations 
to. 

Ords.,  Art.  3,  Sec.  159....  660 
— permit  for  construction. 

Ords.,  Art.  3,  Sec.  154....  659 

walls — buildings  of  public 
character. 

Ords.,  Art.  3,  Sec.  178....  670 
— clear  span  of,  limits. 

Ords.,  Art.  3,  Sec.  177....  670 
— concrete,  party  walls  of. 

Ords.,  Art.  3,  Sec,  193....  676 
— reduction  of  thickness  of, 
discretion  in. 

Ords.,  Art.  3,  Sec.  183....  672 

INSPECTORS  AND  ANA- 
LYSTS, 

See  ‘ ‘ Health  ’ ’ and  ‘ ‘ Inspec- 
tions, Weights  and  Meas- 
ures. ’ ’ 

bakeries,  bake  shops  and  can- 
dy factories  and  confection- 
ers; inspectors  and  analysts 
of. 

Acts,  Sec.  73 139 

Ords,,  Art.  17,  Secs.  35- 

38 886,  887 


duties  and  salaries. 
Acts,  Sec.  6 


56 


INSPECTORS  AND  ANALYSTS.  1461  INVENTORY  OF  PROPERTY. 


Page 

INSPECTORS  AND  ANA- 
LYSTS.—(Cont’d). 
gas  and  oils,  illuminating. 

{See  ‘ 'Lamps  a?id  Light- 
ing P'  sub-title  "Assistafit 
Super mte^ident  of.") 

Ords.,  Art.  20,  Sec.  24....  901 

milk  and  food  products ; ap- 
pointment of  inspectors  and 
analysts  of. 

Acts,  Sec.  74 139 


plumbing. 

{See  "Health.") 

Ords..  Art.  14.  Sec.  129..  836 
— private  sewers,  inspection  of 
by. 

Acts,  Sec.  6 69 

sanitary  inspectors,  appoint- 
ment by  Commissioner  of 
Health. 

Acts,  Sec.  72 139 

weights  and  measures,  ap- 
pointment of  inspector. 

Acts,  Sec.  34 Ill 


INSTALLATION  OF  ELEC- 
TRICAL WIRING, 

See  ‘ 'Inspector  of  Build- 
ings., ’ ’ sub-title  ' ' Electfical 
Installation  and  Wiring' ' 
and  "Licenses." 

Ords.,  Art.  3,  Secs,  44- 


54 614-618 

INSTITUTIONS, 

appropriations  for. 

Acts,  Sec.  105 158 


of  charity — water  rates  for, 
basis  for  fixing. 

Ords.,  Art.  41,  Sec.  66... .1220 

INSTRUCTION, 

in  schools — resident  and  non- 
resident pupils,  fees  for. 

Ords.,  Art.  32,  Secs.  32- 
34 1054-1056 

of  deaf,  dumb  and  blind. 

{See  "Deaf,  Dumb  and 
Blind. ' ' ) 

of  habitual  truants  school  for. 
Ords.,  Art.  32,  Secs.  23- 
27 1051-1052 


Page 

INSURANCE,  OF 

City  Property, 

— Comptroller  to  represent 
city  in  collection  of 
claims  for. 

Ords.,  Art.  6,  Sec.  6 700 

— moneys  paid  for  loss  by 
by  fire,  accounting  by 
Comptroller. 

Ords.,  Art.  6,  Sec.  6...  700 
— property  to  be  insured, 
when. 

Ords.,  Art.  6,  Sec.  7 700 

— property  within  city  limits 
not  to  be  insured. 

Ords.,  Art.  6,  Sec.  7....  700 

lives  of  firemen — Fire  Com- 
missioners to  effect,  weekly 
benefits. 

Ords.,  Art.  11,  Sec.  12....  740 

INTELLIGENCE  OFFICES, 

license  for. 

Acts,  Sec.  6 61 

INTEREST, 

See  "Bills  of  Exchange  and 
Promissory  notes,"  "City 
Register, ' ' and  ' 'Stocks, 
Loans  and  Finance." 

appropriation  for  in  Ordinance 
of  Estimates. 

Ords.,  Art.  34,  Sec.  9....1079 

city  loans — State  tax  to  be  de- 
ducted from. 

Acts,  Sec.  153 174 

city  stock,  loan  and  transfer 
books,  closing  for  payment 
of. 

Ords.,  Art.  34,  Sec.  4....1078 

INTEREST  ACQUIRED, 

opening,  extending  and 
widening,  etc.,  of  streets. 

Acts,  Sec.  6 73 

INTESTATES’  ESTATES, 

See  "Schools." 

INVENTORY  OF  CITY 
PROPERTY, 

heads  of  departments  to  fur- 
nish to  librarian,  exception. 
Ords.,  Art.  21,  Sec.  1....  904 
905 


IRON  AND  STEKL. 


jail. 


Page 


1462 


Page 

IRON  AND  STEEL  CON- 
STRUCTION, 

See  ''Buildings." 

Ords.,  Art,  3,  Secs.  103- 
112 634-642 

ISSUES  OF  CITY  STOCKS, 

amount  of  certificates. 

Ords.,  Art.  34,  Sec.  2...  1077 


JAIL, 

accounts  of,  visitors  to  keep. 

Acts,  Sec.  125 164 

assaulting  firemen,  penalty. 

Acts,  Sec.  447 308 

alterations  and  improvements 

in. 

Acts,  Sec.  121 163 

criminal  offences,  commit- 
ment to,  default  in  fines. 

Acts,  Sec.  444 307 

diet  of  prisoners,  visitors  of 
Jail  to  provide. 

Acts,  Sec.  121 163 

entering  jail  without  license, 
penalty. 

Acts,  Sec.  136 167 

iees.  Warden  to  account  for. 

Acts,  Sec.  133 166 

license  to  visit  jail  required. 

Acts,  Sec.  137 167 

liquors  in— forbidden,  pen- 
alty. 

Acts,  Sec.  136 167 

— prohibited,  penalty. 

Acts,  Sec.  135 166 

persons  committed  to  labor. 

Acts,  Sec.  122 164 

power  to  own,  regulate  and 
control. 

Acts,  Sec.  6 57 

prisoners  affected  by  disease 
or  becoming  insane. 

Acts,  Sec.  144 169 

separate  confinement  of  cer- 
tain prisoners. 

Acts,  Sec.  140 168 

subordinates  of  warden. 

Acts,  Sec.  130 166 

vagrants  in,  to  work. 

Acts,  Sec.  123 164 


JAIL. — (Cont’d). 

Visitors  Of, 


— accounts,  books  of. 

Acts  Sec.  125..... 164 

— account  for  fees,  warden 
to. 

Acts,  Sec.  133 166 

— almshouse,  when  to  trans- 
fer prisoners  to. 

Acts,  Sec.  143 169 

— annual  statement  of  ex- 
penditures. 

Acts,  Sec.  134 166 

— authority  and  power  to 
visit  jail  and  prisoners. 

Acts,  Sec.  120 163 

— bedding  and  clothing  of 
prisoners,  repairs  to  jail. 

Acts,  Sec.  121 163 

— by-laws  for  government  of 
jail. 

Acts,  Sec.  120 163 

— cases  cited. 

Acts,  Sec.  118 162 

— charities  and  corrections, 
second  sub-department 
of. 

Acts,  Sec.  118 162 

— convicts  separate  from 
persons  awaiting  trial. 

Acts,  Sec.  122 164 

— to  labor. 

Acts,  Sec.  122 164 

— diet  of  prisoners,  provide. 

Acts,  Sec.  121 163 

— discipline  of  jail,  regula- 
tions for. 

Acts,  Sec.  122 164 

—duties. 

Acts,  Sec.  118 162 

— meetings,  notice  of. 

Acts,  Sec.  119 163 

— powers. 

Acts,  Sec.  118 162 

— prisoners  work,  allowance 
of,  proceeds  of. 

Acts,  Sec.  124 164 

— reduction  of  sentence  of 
prisoners. 

Acts,  Sec.  139 168 

— regulations,  rules,  power 
to  make. 

Acts,  Sec.  118 162 

— subordinates  of  warden, 
approval  of. 

Acts,  Sec.  130. 


166 


JAIL. 


JONES’  FALLS. 


1463 


Page 

JAIL.— (Cont’d). 

Visitors  Of. — (Cont’d). 

— supervision  over  persons 
committted  to  penal  and 


reformatory  institutions, 
to  have. 

Acts,  Sec.  118 162 

—of,  to  control. 

Acts,  Sec.  118 162 

— vagrants  required  to  work. 

Acts,  Sec.  123 164 

— Warden  subordinate  to. 

Acts,  Sec.  127 165 

— workshop  in  City  Jail. 

note 164 


Page 

JOINT  TENANTS.— (Cont’d). 
division  of  real  estate  by, 
with  reference  to  streets, 
etc.,  laid  out  thereon,  ac- 
ceptance of,  by  city. 

Acts,  Sec.  831 524 

JONES’  FALLS, 

abutting  property  owners  to 
wall  up.  City  Engineer  to 


notify. 

Ords.,  Art.  18,  Sec.  2 889 

acquisition  of  property. 

Acts,  Sec.  6 58 


visits  to  prisoners. 

Acts,  Sec.  137 167 

Warden  of. 

i^See  ‘ ‘ Warde7i  of  Jail.  ’ ’ ) 

Acts.  Sec.  126 165 

— to  take  oath  of  office. 

Acts,  Sec.  129 165 


JOHNS  HOPKINS  UNIVER- 
SITY, 


Art  Commission,  to  appoint 
member  of. 

Acts,  Sec.  201 207 

Department  of  Legislative 
Reference,  president  on 
Board  of. 

Acts,  Sec.  208A 210 

power  to  confer  degrees,  to 
confer  honorary  degrees. 

Acts,  Sec.  815 502 

power  to  establish  branches, 
purchase  and  hold  property, 
to  maintain  principal  office 
in  city. 

Acts,  Sec.  814 501 


JOINT  CONVENTION  OF 
CITY  COUNCIL, 

See  ''City  Council."' 

JOINT  TENANTS, 

in  proceedings  for  opening, 
etc.,  streets.  {See  "Streets, 
Bridges  and  Highways,  ’ ’ 

‘ ‘ Condemnation  oj  Prop- 
erty , ” ‘ ‘ Commissioners 

for  Opening  Streets,'''  and 
"Opening,  etc..  Streets."') 


appeals  from  decisions  under 
provisions  of  ordinances 
relating  to. 

Acts,  Sec.  600 359 

— in  condemnation  cases. 

Acts,  Sec.  6 59 

assessment  of  benefits  and 
damages. 

Acts,  Sec.  6 59 


city  dock  drawbridge,  regu- 
lating operation  of,  pen- 
alty. 

Ords.,  Art.  18,  Sec.  5....  890 

City  Engineer  to  wall  up  on 
refusal  of  property  owners 
to  do  so,  costs  to  be  lien  on 
property. 

Ords.,  Art.  18,  Sec.  3....  889 


condemnation  of  property  for 
improvements;  appeals  in. 


Acts,  Sec.  6, 58-59 

— collection  of  assessments. 

Acts,  Sec.  6 59 


costs  of  construction  of  walls, 
recovery  of,  from  owners  cf 
property  binding  on. 

Ords.,  Art.  18,  Sec.  3....  889 

fines,  recovery  of,  hereunder. 

Ords.,  Art.  18,  Sec.  7....  890 


grades  of  streets. 

Acts,  Sec.  6 60 

grading  and  paving  in  im- 
proving same. 

Acts,  Sec.  6 60 


improvement  of. 

Acts,  Sec.  601 359 

Acts,  Sec,  6 58 


JONES ^ FALLS. 


JUDGMENTS. 


1464 


Page 

JONES’  FALLS.— (Cont’d). 

issue  of  bonds  of  $2,500,000. 

Acts,  Sec.  6 60 

keeper  of  drawbridge  to  re- 
port offending  vessels. 

Ords.,  Art.  18,  Sec.  6....  890 

lien  of  cost  of  walls  on  prop- 
erty binding  on. 

Ords.,  Art.  18,  Sec.  3....  889 

limits  of. 

Acts,  Sec.  6 59 

navigation  of. 

Ords.,  Art.  18,  Secs.  4,5 

889-90 


obstruction  to,  prevention  of, 
duty  of  City  Engineer. 

Ords.,  Art.  18,  Sec.  1....  888 

ordinance  for  improvement 


of,  validity  of. 

Acts,  Sec.  601 359 

— of  January  31,  1870. 

Acts,  Sec.  6 60 


penalties,  recovery  of  here- 
under. 

Ords.,  Art.  18,  Sec.  1 ....  890 

provisions  in  relation  to 
streets  and  sewers. 

Acts,  Sec.  600 359 

repair  to  walls  by  owners  of 
property  binding  on. 

Ords.,  Art.  18,  Sec.  2 889 

title  to  land  acquired. 

Acts,  Sec.  6 59 

vessels  entering  and  leaving, 
signal  to  keeper  of  draw- 
bridge, penalty. 

Ords.,  Art.  18,  Sec.  4..889-90 

walling  up  same. 

Ords.,  Art.  18,  Secs.  2,3  889 

walls  of — when  cit}^  may 


build. 

Acts,  Sec.  6 60 

— owners  to  build  or  repair. 

Acts,  Sec.  6 60 


wharves  or  quays  along. 
Acts,  Sec.  6 


Page 

JOURNAL  OF  CITY  COUN- 
CIL, 

See  '‘'‘City  Council."' 

branches  to  keep,  yeas  and 
nays  to  be  entered. 

Acts,  Sec.  217 215 

printing  of  specifications  for, 
prices,  binding. 

Ords.,  Art.  29,  Secs.  6-8 

1009-10 

vote  final,  by  yeas  and  nays 
entered  on. 

Acts,  Sec.  221 217 

JOURNALISTS’  CLUB  OF 
BALTIMORE  CITY, 

badges  to  newspaper  repre- 
sentatives, authority  to 
issue. 

Ords.,  Art.  25,  Sec.  63..  978 

JUDGES  OF  SUPREME 


BENCH, 

See  "‘Courts.'''' 

Ords.,  Art.  8,  Sec.  1 716 

Grand  Jury,  selection  of. 

Acts,  Sec.  604 361 

jurors,  selection  of  750 names. 

Acts,  Sec.  602 360 


JUDGMENTS, 

See  '‘'Courts — Law  Courts  of 


Baltimore  City.'''' 
appeals  from  tax  assessments; 
judgment  of  City  Court. 

Acts,  Sec.  170 186 

by  default. 

note  269 

— assessment  of  damages 
after. 

Acts,  Sec.  314 269 

— when  to  be  entered. 

Acts,  Sec.  308 264 

indexes  in  law  courts. 

Acts,  Sec.  362 284 

motions  in  arrest  of. 

Acts,  Sec.  300 261 

supersedeas  of;  by  whom  to 
be  taken. 

Acts,  Sec.  647 386 


when  below  jurisdiction  of 
court. 

Acts,  Sec.  312. 


59 


266 


JUDGMENTS. 


JURORS. 


Page 


1465 


Page 

JUDGMENTS.-(Cont’d) . 


when  to  be  entered. 

Acts,  Sec.  312 365 

where  part  of  claim  is  ad- 
mitted. 

Acts,  Sec.  312 266 


JUDGMENTS  AND  DE- 


CREES, 

report  of,  to  Appeal  Tax 
Court. 

Acts,  Sec.  165 182 

JUDGES  OF  ORPHANS’ 
COURT, 

per  diem  of. 

Acts,  Sec.  352 281 

JURISDICTION, 

of  courts;  Circuit  Courl  No.  2 
of  Baltimore  City. 

Acts,  Sec.  325  274 


of  Justices  of  the  Peace. 

{See  ‘ '‘Justices  of  the  Peace.  ’ ’ ) 

of  Police  Magistrates. 

{See  ‘ Justices  of  the  Peace.  ”) 

JURORS, 

See  '‘'‘Clerks  of  Courts;'''' 

‘ ‘ Condemnation  Proceed- 
ings;'' "Condemnation  of 
Property''''  and  '‘'‘Courts.'''’ 


additional  jurors,  drawing  of. 

Acts,  Sec.  607 365 

— summoning. 

Acts,  Sec.  608 366 

attendance  of,  penalty. 

Acts,  Sec.  611 369 

certificate  of  clerk,  of  per 
diem,  not  assignable. 

Acts,  Sec.  621 373 

challenge,  peremptory  by 
State. 

Acts,  Sec.  618  372 

City  Collector,  compensation 
for  list  of  taxpayers. 

Acts,  Sec.  603 360 

compensation  in  condemna- 
tion proceedings. 

Acts,  Sec.  6 90 

City  Register  to  pay  jurors. 

Acts,  Sec.  621 373 


JURORS.— (Cont’d). 
deposit  of  jury  books. 

Acts,  Sec.  608 365 

drawing  of  400  names. 

Acts,  Sec.  605 363-4 

— fraud  in,  penalty. 

Acts,  Sec.  614 371 

emergency  drawing. 

Acts,  Sec.  609 367 

excuse  from  service. 

Acts,  Sec.  611 369 

exemption  of  volunteer  mili- 
tia. 

Acts,  Sec.  622 373-4 

exhaustion  of  whole  list. 

Acts,  Sec.  610 367-8 

failure  of  talesmen  to  appear. 

Acts,  Sec.  610 367-8 

fines  for  absence. 

Acts,  Sec.  611 369 

fraud  in  drawing. 

Acts,  Sec.  614 370-1 

indictment,  not  affected  by 
irregularity  in  drawing 
jury. 

Acts,  Sec.  620 372-3 

Judges  of  Supreme  Bench, 
selection  by. 

Acts,  Sec.  602 360 

— to  certify  jury  books. 

Acts,  Sec.  606 364 

— duty  in  drawings. 

Acts,  Sec.  605 363-4 

judgment  not  affected  by 
irregularity  in  drawing 
jury. 

Acts,  Sec.  620 373-4 

jury  books,  entry  of  names  in. 

Acts,  Sec.  606 364 

— deposit  of. 

Acts,  Sec.  608 365-6 

list  of  names,  selection  of. 

Acts,  Sec.  602  360 


— of  jurors  to  be  furnished 
City  Register. 

Ords.,  Art.  19,  Sec.  1...  891 
— of  names  for  jurors. 

Acts.  Sec.  602 360 

— of  discharged  jurors  for 
payment. 

Ords.,  Art.  19,  Sec.  1....  891 


JURORS. 


JURORS. 


1466 


Page 

JURORS.— (Cont’d). 

— of  taxpayers,  City  Collect- 
or furnish. 

Acts,  Sec.  603 360 

maintenance  of  lists. 

Acts,  Sec.  612 369 

militia  exempt  from  jury  duty. 

Acts,  Sec.  622 373 

penalty  for  absence. 

Acts,  Sec.  611 369 

— for  dereliction  of  duty  here- 
under. 

Acts,  Sec.  620 373-4 

— for  fraud  in  drawings. 

Acts,  Sec.  614 370-1 

per  diem  of. 

Acts,  Sec.  621 373 

peremptory  challenges. 

Acts,  Sec.  618 372 

quorum  of  Supreme  Bench. 

Acts,  Sec.  617 372 

record  of  names  drawn . 

Acts,  Sec.  602 360 

recording  names  in  order 
chosen. 

Acts,  Sec.  605 363-4 

recovery  of  fines  for  absence. 

Acts,  Sec.  611 369 

reserve  list,  order  of  service. 

Acts,  Sec.  608 365-6 

reserves,  additional. 

Acts,  Sec.  612 369-70 

selection  of  750  names. 

Acts,  Sec.  602 360 

service  as  prescribed. 

Acts,  Sec.  607 365 

Sheriff,  duty  of,  in  drawings. 

Acts,  Sec.  605 363-4 

special  juries. 

Acts,  Sec.  615 371 

subsequent  drawings  as  re- 
quired. 

Acts,  Sec.  612 369-70 

summoning. 

Acts,  Sec.  608 366 

tales  de  circumstantibus. 

Acts,  Sec.  610 367-8 

talesmen,  failure  to  appear. 

Acts,  Sec.  610 367-8 


Page 

JURORS.— (Cont’d). 

— from  regular  panels. 

Acts,  Sec.  613 370 

term  of  service. 

Acts,  Secs.  611,  612 369-70 


volunteer  militia  exempt  from 
jury  duty. 

Acts,  Sec.  622 373-4 

Grand  Jury, 

— absence  of  foreman. 

Acts,  Sec.  604 362 

— additional  names  when 
jurors  excused. 

Acts,  Sec.  604 361 

— attest  of  judges,  to  list. 

Acts,  Sec.  604 361 

— authority  and  duties  of 
clerk. 

Acts,  Sec.  604A 362 

— clerk,  duties,  secrecy. 

Acts,  Sec.  604C  362 

— qualifications. 

Acts,  Sec.  604A 362 

— oath. 

Acts,  Sec.  604B 362 

— clerk,  penalty,  for  viola- 
tion of  oath. 

Acts,  Sec.  604D 363 

— correction  of  lists  of  jurors. 

Acts,  Sec.  604 361 

— disqualification  of  fore- 
man. 

Acts,  Sec.  604 362 

— foreman. 

Acts,  Sec.  604 361 

— jail,  to  visit,  inspect  and 
report  on. 

Acts,  Sec.  619 372 

— judges  of  Supreme  Bench 
to  select. 

Acts,  Sec.  604 361 

— list  of  names  to  Sheriff. 

Acts,  Sec.  604  361 

— meeting  of  j udges  to  select 
names. 

Acts,  Sec.  604  361 

— minutes  of,  custody  of. 

Acts,  Sec.  604C 363 

— oath  of  clerk. 

Acts,  Sec.  604B 362 

— salary  of  clerk. 

Acts,  Sec.  604A 362 

— selection  of  23  names  by 
judges. 

Acts,  Sec.  604  361 

— Sheriff  to  summon  per- 
sons selected. 

Acts,  Sec.  604  361 


JURY. 


1467  JUSTICES  OF  THE  PEACE. 


Page 

JURY, 

Circuit  Court  of  Baltimore 
City;  in  trials  in. 

Acts 323,  273 

JURY  BOOKS, 

See  '''Jurors." 

JURY  OF  INQUISITION, 

See  " Condemnation  of  Prop- 
erty'' and  "‘Condemnation 
Proceedings. ' ' 

selections  of,  in  condemna- 


lui  watci,  etc., 

Acts,  Sec.  6 88-91 

water,  water  rights. 

Acts,  Sec.  6 88-91 


JURY  TRIAL, 

See  "Appeals  from  Assess- 
ments' ' and  ‘ 'Hackney 
Carriages  and  Coaches. ' ' 

appeals  from  tax  assessments. 

Acts,  Sec.  17u 186 

assessment  of  damages  in 
opening  of  sewers,  etc. 

Ords.,  Art.  33,  Sec.  9..1067-8 


— for  r a i 1 r oad  tracks,  etc. 

Acts,  Sec.  6 66 

condemnations  for  Jones’ 
Falls  improvements. 

Acts,  Sec.  6 59 

motion  for,  to  be  in  writing. 

Acts,  Sec.  314 269 

opening,  closing,  etc.  streets, 

{See  "Commissioners  for 
Opening  Streets.") 

Acts,  Sec.  6 73 

Acts,  Sec.  179 196 


JUSTICES  OF  THE  PEACE, 

See  ' 'Landlord  and  Tenant. ' ' 
"Magistrate  for  Juvenile 
Causes"  and  " Thieves  and 
Pickpockets.  ’ ’ 

accounting  of  fines  by;  affidav- 
it thereto;  details  of 


accounting. 

Acts,  Sec.  643 385 

appointment  of,  by  Governor. 

Acts,  Sec.  623 374 


Page 


JUSTICES  OF  THE 

PEACE.— (Cont’d). 
appeals  from  decisions  of. 

note 271 

— trial  of;  costs  in. 

Acts,  Sec.  319 271 

arrests, — when  police  magis- 
trates are  not  on  duty. 

Acts,  Sec.  631 378 

bond  of;  conditions  and  pen- 
alty. 

Acts,  Sec.  624 376 

commitments  of  vagrants  by. 

Acts,  Sec.  141 168 

costs  of  commitments  of  va- 
grants. 

Acts,  Sec.  141 168 

dockets  and  papers — disposi- 
tion of  upon  death,  resigna- 
tion or  remaval. 

Acts,  Sec.  648 387 

extra  compensation;  when 
called  out  of  office. 

Acts,  Sec.  628 377 

fees  not  to  be  paid  by  city  of 
Baltimore. 

Acts,  Sec.  639 383 

fines  forfeitures  and  penal- 
ties— accounting  of  city’s 
portion  of. 

Acts,  Sec.  644 38S 

— affidavit  when  none  col- 
lected. 

Acts,  Sec.  645 386 

— payment  of  same  to  clerk 
of  Court  of  Common 
Pleas. 

Acts,  Sec.  643 385 


gunpowder,  search  warrant 
when  concealed. 

Ords.,  Art.  11,  Sec.  83..  765 

hawkers  and  peddlers. — {See 
Station  House  Justices  here- 
under. ) 

juri.sdiction  of. 

Acts,  Sec.  632 379-80 

landlord  and  tenant — appeal. 

Acts,  Sec.  655 389 

— dispossession. 

Acts,  Sec.  654. 


389 


JUSTICES  OF  THE  PEACE.  1468  JUSTICES  OF  THE  PEACE. 


Page 

JUSTICES  OF  THE 

PEACE. — ( Cont  ’ d ) . 

— fees,  penalty  for  excessive. 

Acts,  Sec.  656 390 

— powers  of,  relating  to. 

Acts,  Sec.  852 550 

— proceedings  for  reposses- 
sion. 

Acts,  Sec.  652 387-88 

— trial  in  repossession. 

Acts,  Sec.  653 388-89 

location  of  office  to  be  within 
his  legislative  district. 

. Acts,  Sec.  629 377 

Magistrate  for  Juvenile  causes, 

— appointment  of. 

Acts,  Sec.  623A 374 

— absence  of. 

Acts,  Sec.  623A 375 

— clerk  to. 

Acts,  Sec.  623A 375 

— appointment,  duties,  sal- 
aries. 

Acts,  Sec.  623A 375 

— jurisdiction  of  magistrate. 

Acts,  Sec.  623A 375 

— minors, — arrest,  temporary 
confinement  and  commit- 
ment of;  may  commit 
minors  to  juvenile  insti- 
tutions. 


Acts,  Sec.  623A 374 

— policemen  to  attend  court 
of. 

Acts,  Sec.  623A 375 

— powers  of. 

Acts,  Sec.  623 A. 375 

— qualifications  of. 

Acts,  Sec.  623A 375 

— salary  of. 

Acts,  Sec.  623 A 375 

misdemeanor  in  office  punish- 
able by  removal. 

Acts,  Sec.  649 387 


neglect  of,  to  pay  over  money 
due  city,  presentment  to 
Grand  Jury. 

Ords.,  Art.  10,  Sec.  2....  729 

non-pros,  informer  liable  for 
costs. 

Ords.,  Art.  10,  Sec.  3....  730 
office  hours. 

Acts,  Sec.  625 377 


Page 

JUSTICES  OF  THE 

PEACE.— (Cont’d). 
police  magistrates.— 

Station  House  Justices  here- 
under. ) 

Station-house  Justices, 

— absence  or  sickness  of,  * 

substitutes. 

Acts,  Sec,  637 382 

— additional  justices  for. 

Acts,  Sec.  630 378 

— appointment  of,  by  Govern- 
or. 

Acts,  Sec.  630 379 

— arrests;  all  persons  arrested 
to  be  brought  before 
station-house  justices. 

Acts,  Sec.  642  384 

— assault  and  battery  cases. 

Acts,  Sec.  632 379-80 

— attendance  and  duties. 

Acts,  Sec.  630 378 

— collateral  for  appearance 
when  justice  absent. 

Acts,  Sec.  631 378-79 

— commitment  of  accused  in 
default  of  payment  of 
fine. 

Acts,  Sec.  633 381 

— concealed  weapons;  trial  of 
cases  involving. 

Acts,  Sec.  632 379 

— conviction  of  accused;  pen- 

alty to  be  imposed. 

Acts,  Sec.  633 381 

— costs  collected  to  be  paid  to 
Police  Commissioners. 

Acts,  Sec.  646 386 

— criminal  offences  within 
their  jurisdiction. 

Acts,  Sec.  632 ......379-80 

— duties,  authority  and  juris- 
diction relating  to  crimi- 
nal offences  defined. 

Acts,  Sec.  632 379-80 

— Governor  may  re-assign  or 
select  other  justice  to 
perform  duties. 

Acts,  Sec.  635 381 

— hawkers  and  peddlers  sel- 
ling without  license,  trial 
of 

Acts,  Sec.  632 380 

— hours  of  duty. 

Acts,  Sec.  630 378 

— jury  trial;  accused  to  be 
committed  or  held  for 
court  on  bail. 

Acts,  Sec.  632 380 


JUSTICES  OF  THE  PEACE.  1469  KEYS  OF  AEARM  BOXES. 


Page 

JUSTICES  OF  THE 

PEACE.— (Cont’d). 

Station-house  Justices — (Cont’d). 
— leave  of  absence  with  pay; 
designation  of  substitutes 
by  Police  Commissioners. 

Acts,  Sec.  638 383 

— not  to  receive  fees  or  gra- 
tuities. 

Acts,  Sec.  636 382 

— not  to  try  certain  offenses. 

Acts,  Sec.  632 380 

— offenders;  when  to  be  com- 
mitted or  released  on 
bail. 

Acts,  Sec.  632  380 

— petty  offenses;  vagrancy; 
dependent  and  vicious 
children. 

Acts,  Sec.  632 379-80 

— salary;  payment  of,  upon 
certificate  of  Police  com- 
missioners. 

Acts,  Sec.  636 382 

— substitute  justices;  compen- 
sation of  substitutes; 
when  their  pay  shall  be 
deducted  from  salary  of 
regular  justice 

Acts,  vSec.  637 382-83 

— witnesses  for  prosecution; 
names  to  be  endorsed  on 
commitment  or  recogniz- 
ance. 

Acts,  Sec.  634 381 

— writs  returnable  in  all  cases 
before  station-house  jus- 
tices. 

Acts,  Sec.  641 384 

— writs,  warrants,  subpoenas 
and  commitments  issued 
by, — service  of. 

Acts,  Sec.  640 384 

summons  in  debt  and  dam- 
ages; penalty  for  improper 
summons. 

Acts,  Sec.  626 377 

superseded  judgments  for 
fines,  copy  to  officer  who 
served  summons. 

Ords.,  Art.  10,  Sec.  5 ...  730 

supersedeas  of  judgment  in 
courts  of  city,  not  to  be 
taken  by;  same  to  be  taken 
by  clerks  of  said  courts. 

Acts,  Sec.  647 386 


Page 

JUSTICES  OF  THE 

PEACE.— (Cont’d). 
writs  to  be  returnable  before 
station-house  justices  when 
issued  by  other  justices. 


Acts,  Sec.  641 384 

— where  returnable. 

Acts,  Sec.  627 377 


JUVENILE  CAUSES, 

magistrate  for — {See^^ Justices 
of  the  Peace/’) 

JUVENILE  COURT, 

probation  officers;  authority 


and  salary. 

Acts,  Sec.  886 A 561 

— duties  of. 

Acts,  Sec.  886B 561 

JUVENILE  INSTITUTIONS, 

commitment  of  minors  to. 

Acts,  Sec.  623A 375 


instruction  and  care  of  chil- 
dren in, 

Ords.,  Art.  32,  Sec.  27..1052 

powers  and  authority  of  cer- 
tain named  institutions. 

Acts,  886 561 

JUVENILE  OFFENDERS, 

See  ‘ Justices  of  the  Peace.  ’ ’ 
exemption  from  provisions 
of  Secs.  104 to  116  inclusive 
of  Charter. 

Acts,  Sec.  117 162 

KEEPERS  OF  THE  STAND- 
ARDS OF  WEIGHTS  AND 
MEASURES, 

See  ‘ '‘Inspections.,  Weights 
and  Measures.  ’ ’ 

Ords.,  Art.  17,  Sec.  18,  882 

KEROSENE, 

See  ‘ 'Fire  Regulations.  ’ ’ 

sale  of. 

Ords.,  Art.  11,  Sec.  86,  766 

KEYS  OF  FIRE  ALARM  OR 

SIGNAL  BOXES, 

penalty  for  unauthorized  pos- 
session. 

Ords.,  Art.  11,  Sec.  52....  754 


I.ABOR. 


1470  LAMPS  AND  lighting. 


LABOR, 

See  Hours  of  Labor." 


Page 


City  Engineer  authorized  to 
obtain  skilled  labor. 

Ords.,  Art.  35,  Sec.  7,  1093 


LABORATORIES,  CHEM- 
ICAL. 

Acts,  Sec.  493 321 

city  work,  registered  voters 
to  be  given  preference 


Ords.,  Art.  35,  Sec.  6,  1093 


LABOR  DAY, 

employes  of  city  to  cease 
work. 

Ords.,  Art.  15,  Sec.  2,  867 

to  be  municipal  holiday. 

Ords.,  Art.  15,  Sec.  2, 
867-868 


LAKE  CLIFTON, 

construction  and  completion 
of. 

Acts.  Sec.  6 92 

LAMPS  AND  LIGHTING, 

General  Provisions, 

— advertisement  for  propos- 
als for  lamps,  etc. 

Ords.,  Art.  20,  Sec.  15,  898 
— applications  for  new 

lamps. 

Ords.,  Art.  20,  Sec.  3,  894 
— bicycles,  lamps  required 
on,  penalty. 

Ords.,  Art.  25,  Sec.  88,  988 
— coal  oil,  testing,  sale,  etc. 

Ords.,  Art.  20,  Secs.  25 

28-29 902-903 

— consumers  to  be  instructed 
in  use  of  meters  on  re- 
quest, fee. 

Ords.,  Art.  20,  Sec.  12,  897 
— contracts  for  lighting,  for- 
feit clause  for  dead 
lamps. 

Ords.,  Art.  20,  Sec.  16, 

......898-899 

— contract  for  street  lamps, 
to  advertise  for  propos- 
als, burners. 

Ords.,  Art.  20,  Sec.  15,  898 
— counterfeiting  and  defac- 
ing seals  on  meters. 

Ords.,  Art.  20,  Sec.  14,  898 


Page 

LAMPS  AND  LIGHT’G.-(Cont  ’d). 
General  Provisions. — (Cont’d). 
— data  of  tests,  record  of. 

Ords.,  Art.  20,  Sec.  13,  897 
— density  of  oils,  mimimum, 
penalty. 

Ords.,  Art.  20,  Sec.  28,  903 
—engine  houses,  lamps  in 
front  of. 

Ords.,  Art.  11,  Sec.  43,  751 
— erection  of  lamps. 

Acts,  Sec.  6 80 

— flashing  point  of  oil,  test 
of. 

Ords.,  Art.  20,  Sec.  25,  902 
— gas  companies  to  lay 
mains  as  ordered  by 
city. 

Ords.,  Art.  20,  Sec.  4,  894 
— gas,  sale  of  impure  and 
inferior,  penalty. 

Ords.,  Art.  20,  Sec.  27, 

902-903 

— gasoline,  sale  of,  for  other 
uses,  not  prohibited. 

Ords.,  Art  20,  Sec.  29,  903 
— inspection  and  proving  of 
meters. 

Ords.,  Art.  20,  Sec.  8,  895 
— of  new  meters,  fee,  pen- 
alty. 

Ords.,  Art.  20,  Sec.  9,  896 
— meters—  degree  of  ac- 
curacy required. 

Ords.,  Art.  20,  Sec.  8,  896 
— discontinued — to  be  re- 
inspected, penalty. 

Ords.,  Art.  20,  Sec.  11,  897 
— names  of  streets  on  corner 
lamps,  to  place. 

Ords.,  Art.  20,  Secs.  17 

18 899 

— neglect  of  gas  companies, 
to  report  to  City  Council. 
Ords.,  Art.  20,  Sec.  4,  894 
— permit  for  shades  over 
street  lamps. 

Ords.,  Art.  20,  Secs.  19 

20 899 

— obstructing  inspection  of 
oils,  penalty. 

Ords.,  Art.  20,  Sec.  25,  902 
—penalty  for  furnishing  in- 
ferior gas  or  oil. 

Ords.,  Art.  20,  Secs.  27 

28 902-903 

—for  refusing  samples  of 
oil. 

Ords.,  Art.  20,  Sec.  25,  902 


LAMPS  AND  LIGHTING.  1471  LAMPS  AND  LIGHTING. 


Page 

LAMPS  AND  LIGHT'G.-(Cont’d). 
General  Provisions. — (Cont’d). 
— petroleum,  products  of, 
sale,  test,  etc. 

Ords.,  Art.  20,  Secs.  25 

28-29 902-903 

— recovery  of  fines  and  pen- 
alties imposed. 

Ords.,  Art.  20,  Sec.  30,  903 
— stables,  lamps  in,  fire  pre- 
cautions, penalty. 

Ords.,  Art.  11,  Sec.  54,  755 
— streets,  lighting  of. 

Acts,  Sec.  6 80 

Assistant  Superintendent 
of, 

— appointment,  qualifica- 
tions. 

Ords.,  Art.  20,  Sec.  24,  901 
— bond  of. 

Ords.,  Art.  20,  Sec.  24,  901 
— density  of  oils,  test  of. 

Ords.,  Art.  20,  Sec.  25,  902 
— duties  of. 

Ords  , Art.  20,  Secs.  24 

25 901-902 

— flashing  points  of  oils, 
minimum,  penalty,' 

Ords.,  Art.  20,  Sec.  28,  903 
— gas,  test  of,  -where  test  to 
be  made,  penalty  for  in- 
ferior quality,  proviso. 

Ords.,  Art.  20,  Secs.  25 

27 902-903 

— illuminating  power  of  gas 
and  oils,  test  of. 

Ords.,  Art.  20,  Sec.  25,  902 
— inspection  of  illuminating 
gas  and  oil. 

Ords.,  Art.  20,  Secs.  24 

25 901-902 

— oath  of  office. 

Ords.,  Art.  20,  Sec.  24.  901 
— purity  of  gas,  tests  of. 

Ords.,  Art.  20,  Secs.  25 

27 902-903 

— qualifications  of. 

Ords.,  Art.  20  Sec.  24,  901 
— quality  of  gas,  test  of , where 
test  made. 

Ords.,  Art.  20,  Sec.  26,  902 
— report  weekly  to  Superin- 
tendent of  Lamps  and 
Lighting. 

Ords.,  Art.  20,  Sec.  25,  902 
— salary  of. 

Ords.,  Art.  20,  Sec.  2,  893 


Page 

LAMPS  AND  LIGHT’G.-(Cont’d). 
Assistant  Superintendent 

of,  (Cont’d). 

— Tagliabue’s  tester,  use  of. 

Ords.,  Art.  20,  Sec.  25  902 
— testing  gas  and  oils. 

Ords.,  Art.  20,  Secs.  25 
29 902-903 

District  Superintendents  of 
Lamplighters, 

— assignment  of  to  districts. 

— broken  lamps. 

— cleaning  lamps. 

— duties 

— hours  for  lighting  and  ex- 
tinguishing lamps. 

— police,  duties  of  relating 
to  lamps. 

— reports  to  Superintendent 
of  Lamps  and  Lighting. 
Ords.,  Art.  20,  Sec.  23, 

900-901 

— salaries  of. 

Ords.,  Art.  20.  Sec.  2,  893 

Superintendent  of  Lamps  and 
Lighting, 

— accuracy  of  meters,  per- 
missible variation. 

Ords.,  Art.  20,  Sec.  8,  896 
— annual  report  to  Mayor. 

Ords.,  Art.  20,  Sec.  13,  898 
— apparatus  for  testing  me- 
ters, etc.,  authority  to 
purchase. 

Ords.,  Art.  20,  Sec.  7,  895 
— appeal  from  decision  of, 
in  tests. 

Ords.,  Art.  20,  Sec.  8,  896 
— bills  against  city  for  gas 
to  be  certified  by. 

Ords.,  Art.  20,  Sec.  4,  894 
— bond  of. 

Ords.,  Art.  20,  Sec.  1,  93 
— burners  of  lamps,  not  to  be 
confined  to  any  patent. 

Ords  , Art.  20,  Sec.  15,  898 
— district  superintendents  of 
lamplighters,  to  report 
to. 

Ords.,  Art.  20,  Sec.  3,  894 
— duties  of. 

Ords.,  Art.  20,  Sec.  3,  894 
— electric  lamps,  changing 
location  of. 

Ords.,  Art.  20,  Sec.  22  900 
— employes  and  subordi- 
nates, salaries  of. 

Ords.,  Art.  20,  Sec.  2,  893 


LAMPS  AND  LIGHTING.  1472  LAMPS  AND  LIGHTING. 


Page 

LAMPS  AND  LIGHT’G.-(Cont’d). 
Superintendent  of  Lamps 
and  Lighting. — (Cont’d). 

— erection  of  new  lamps  and 
pillars. 

Ords.,  Art.  20,  Sec.  3,  894 
— fees  of. 

Ords.,  Art.  20  Secs.  6-8 

11-12 895-897 

— forfeit  clause  in  lighting 
contracts. 

Ords.,  Art.  20,  Sec,  16, 

898-899 

— gas  mains  record  of,  as 
laid,  annual  report  of  to 
City  Council. 

Ords.,  Art.  20,  Sec.  4,  894 
— gasoline  lamps,  may 
change  to  gas  when 
necessary. 

Ords.,  Art,  20,  Sec,  5,  895 
— instructing  consumers  in 
use  of  meters. 

Ords.,  Art.  20,  Sec.  12.  897 
— lighting  and  cleaning  of 
lamps,  to  regulate. 

Ords.,  Art.  20,  Sec.  3,  894 
— meters,  accuracy  of,  per- 
missible variation. 

Ords.,  Art.  20,  Sec.  8,  896 
— in  public  buildings,  etc., 
monthly  statement  of. 

Ords.,  Art.  20,  Sec.  4,  894 
— inspecting  and  proving. 

Ords.,  Art.  20,  Sec.  8,  895 
—to  test,  stamp  and  mark. 

Ords.,  Art.  20,  Sec.  6,  895 
— monthly  statement  of  me- 
ters in  public  buildings 
and  markets  and  of 
streets  lamps. 

Ords.,  Art.  20,  Sec.  4,  894 
— new  lamps,  to  erect  when 
required,  on  proper  ap- 
plication . 

Ords.,  Art.  20,  Sec.  3,  891 
— new  meters,  inspection  re- 
quired before  use,  pen- 
• alty,  fee. 

Ords.,  Art.  20,  Sec.  9,  896 
— penalties  imposed. 

Ords.  Art.  20,  Secs.  9 

11-14 896-898 

— purchase  testing  appara- 
tus, authority  to. 

Ords.,  Art.  20,  Sec.  7,  895 
— record  of  tests,  etc.,  an- 
nual report  to  Mayor. 

Ords.,  Art.  20,  Sec.  12, 
897-898 


LAMPS  AND  LlGHT’G.-(Cont’d5^ 
Superintendents  of  Lamps 
and  Lighting. — (Cont’d). 

— removal  of  shades  over 
streets  lamps. 

Ords.,  Art.  20,  Sec.  21, 

899-900 

— removed  meters  to  be  re- 
inspected. 

Ords.,  Art.  20,  Sec.  11,  897 
— report  annually  to  Ma3^or. 

Ords.,  Art.  20,  Sec.  12,  898 
— shades  over  street  lamps, 
permit  for. 

Ords.,  Art.  20,  Secs.  19, 

20 899 

— shades  over  street  lamps, 
removal  of. 

Ords.,  Art.  20,  Sec.  21, 

899-900 

— salaries  of  subordinates. 

Ords.,  Art.  20,  Sec.  2,  893 
—sealing,  etc.,  meters  before 
setting. 

Ords.,  Art.  20,  Sec.  10,  896 
— street  names  on  lamps  at 
corners, 

Ords.,  Art.  20,  Secs.  17, 

18 899 

— supervision  of  meters,  etc. , 
in  city  departments. 

Ords.,  Art.  20,  Sec.  4,  894 
— testing  apparatus,  author- 
ity to  purchase. 

Ords.,  Art.  20,  Sec.  7,  895 
— test,  stamp  and  mark  me- 
ters. 

Ords  , Art.  20,  Sec.  6,  895 
— testing  meters,  when  con- 
sumer and  when  gas 
company  to  pay  fee. 

Ords.,  Art.  20,  Sec.  8,  895 
— variation  of  meters,  two 
per  cent  permitted. 

Ords.,  Art.  20,  Sec.  8,  896 

LAMPS  AND  LIGHTING, 
SUPERINTENDENT  OF, 

See  ‘‘'Lamps  and  Lighting,^' 
sub-title  ‘ ‘ Superintendent 
of." 

LAMPS,  LAMP  POSTS  AND 
PILLARS, 

advertising  on,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  57  ...  976 


LAMPS,  lamp  posts. 


1473  LANDLORD  AND  TENANT. 


Page 

LAMPS,  LAMP  POSTS  AND 
PILLARS. — Cont  ’ d). 

contracts  for  furnishing,  etc., 
advertising  for,  burners  for. 

Ords.,  Art.  20,  Sec.  15....  898 

injury  to,  penalty,  offenders 
to  pay  cost  of  repairs. 

Ords.,  Art.  25,  Sec.  58....  976 

interfering  or  tampering  with, 
penalty. 

Ords.,  Art.  25,  Sec.  57...  976 

LAND  FOR  PUBLIC  PUR- 
POSES, 

condemnation  of. 

Acts,  Sec.  6 48 

LANDMARKS  OF  STREETS, 

defacing,  disturbing,  etc., 
penalty. 

Ords.,  Art.  25,  Sec.  56....  976 

LAND  RECORDS, 

copies  of  land  records  to  be 
evidence. 

Acts,  Sec.  365 285 

index  of,  to  be  prepared  by 
clerk  Superior  Court. 

Acts,  Secs.  802,  803....498,  499 
— plan  of  to  be  approved  by 
Supreme  Bench. 

Acts,  Sec.  803 498 

record  books  to  be  kept. 

Acts,  Sec.  366 286 

Superior  Court  clerk  to  copy 
certain  records. 

Acts,  Secs.  364,  §364a, 

§364b,  365,  366 285-286 

worn-out  records  ; renewal  of 
by  clerk  Superior  Court ; 
costs  to  be  defrayed  out  of 
fees  of  his  office. 

Acts,  Secs.  804,  805 499 


LANDLORD  AND  TENANT, 

See  ‘ '"Justices  of  the  Peace.  ’ ’ 
appeals  to  Baltimore  City 
Court. 

Acts,  Sec.  860 552 

— cases,  triable  at  first  term 
unless  court  orders  other- 
wise. 

Acts,  Sec.  863 553 

— no  reversal  for  errors  of 

form. 

Acts,  Sec.  862 553 


Page 

LANDLORD,  Etc. — (Cont’d). 
cases  removable  to  City  Court 


only  on  appeal. 

Acts,  Sec.  861 552 

damages  to  tenant  when  judg- 
ment is  against  landlord. 

Acts,  Sec.  858 551 


dispossession  of  tenants — pro- 
ceedings for. 

Acts,  Secs.  553-864....550..553 

interrogatories — c o p i e s of 
served  in  same  manner  as 
notices  to  quit. 


Acts,  Sec.  856 551 

Justice  of  the  Peace — power 
to  render  judgments,  sub- 
ject to  appeal. 

Acts,  Sec.  852 550 

landlord  may  claim  rent  when 
goods  sold  under  order  of 
court. 

Note 548 

— cannot  petition  in  an  at- 
tachment suit  when  right 
of  distress  does  not  exist. 

Note 548 

Notice, 

— to  tenant  at  will. 

note  548 

— gives  landlord  right  to  pos- 
sess lands  or  tenements. 

Acts,  Sec.  850 550 

— by  agreement ; effect  of. 

Acts,  Sec.  851  550 

— of  tenant  to  landlord. 

Acts,  Sec.  847 549 

— to  tenant  at  will  or  other- 
wise. 

Acts,  Sec.  846 549 

— to  tenant  for  less  than  a 
year. 

Acts,  Sec.  845 548 

— tenant  from  year  to  year. 

Acts,  Sec.  844 ^548 

— tenant  or  landlord  need 
not  state  the  time  of  leav- 
ing. 

Acts,  Sec.  849 549 


— to  tenant  to  be  in  writing 
and  served  on  tenant  ^or 
agents  or  set  upon  prem- 
ises. 

Acts,  Sec.  848 549 

— to  quit ; requisites  of. 

Acts,  Sec.  849 


549 


I.AUNDRIES. 


EANDEORD  AND  TENANT.  1474 


Page 

LANDLORD,  Etc— (Cont’d). 

rent — assignee  of  leasehold 
interest ; when  liable  for. 

foot-note 548 

rights  of  lessor  and  lessee  ex- 
tend to  heirs,  executor,  as- 
signs and  other  representa- 
tives. 

Acts,  Sec.  864 553 

summons  in  proceedings  to 
dispossess. 

Acts,  Sec.  853 550 

tenancy  for  a year. 

note  548 

Tenant  Holding  Over, 

—adjournment  of  trial. 

Acts,  Sec.  653 388-9 

— appeal,  appeal  bond. 

Acts,  Sec.  655 389-90 

— bond  required  of  tenant  on 
appeal. 

Acts,  Sec.  860. 552 

— cc  mplaint  of  landlord  be- 
fore Justice  of  the  Peace. 
Acts,  Sec.  652 387-8 

^^Acis,  Sec.  656 390 

— damages  payable  by  ten- 
ant, when. 

Acts,  Sec.  857  and  note..  551 


— dispossession . 

Acts,  Sec.  654 390 

— distress,  when  denied. 

Acts,  Sec.  650 387 

— execution. 

Acts,  Sec.  655 389-90 

— fees  and  charges. 

Acts,  Sec.  656 390 

— interrogatories  to  tenant. 

Acts,  Sec.  855 551 

— judgment  for  lessor,  pro- 
viso. 

Acts,  Sec.  653 388-89 

— notes,  cases  cited 390 

— order  of  surrender  to  ten- 
ant. 

Acts,  Sec.  653 388-89 

— penalty  for  excessive 
charges  by  justices. 

Acts,  Sec.  854 550 

— questions  to  be  answered 
by  tenant. 

Acts,  Sec.  656 390-1 

— rent  payable  by,  after 
notice. 

Acts,  Sec.  859 552 


Page 

LANDLORD,  Etc.— (Cont’d). 
Tenant  Holding  Over. — (Cont’d). 

— repossession,  proceedings 


for. 

Acts,  Sec.  652 387-8 

— service  of  summons. 

Acts,  Sec.  652 388-9 

— stay  of  execution. 

Acts,  Sec.  655 389-90 

— summons  to  tenant  in 
arrear. 

Acts,  Sec.  652 ..388-9 

— sureties  on  appeal  bond. 

Acts,  Sec.  655 389-90 

— trial. 

Acts,  Sec.  653 388-9 

— warrant  of  re-entry. 

Acts,  Sec.  654 389 

verbal  agreements  between  ; 
validity  of. 

note  548 

LANDS, 

sales  of  by  State  in  Burnt  Dis- 
trict. 

App.  A,  Sec.  34 1261 

LARCENY, 

penalty  for  petty  larceny. 

Acts,  Sec.  331 276 


purchases  from  children  un- 


der sixteen. 

— ^articles  prohibited,  pro- 
viso. 

Acts,  Sec.  §656a 391 

— larceny,  general  law  pro- 
visions not  affected. 

Acts,  Sec.  §656c 391 

— parent  to  accompany  child 
and  certify  to  his  right  to 
sell. 

Acts,  Sec.  §656a 391 

— penalty  for  falsely  certify- 
ing. 

Acts,  Sec.  §656b 391 


LARD  AND  BUTTER, 

seizure  by  market  clerks  when 
short  weight. 

Ords.,  Art.  23,  Sec.  3 919 

LAUNDRIES, 

free,  public,  provisions  for. 

Ords.,  Art.  27,  Sec.  5 1003 


1475  legislative  districts. 

Page 


LAURENS  street. 

Page 

LAURENS  STREET, 

cattle  on  prohibited,  penalty. 

Ords.,  Art.  25,  Sec.  25....  967 

LAW  COURTS  OF  BALTI- 


MORE CITY, 

See  ''Courts.'' 
powers  of  clerks  of. 

note  282 

LAW  DEPARTMENT, 

See  "City  Solicitor.'' 

City  Solicitor  to  be  head  of. 

Acts,  Sec.  60 133 

composition  of 109 

office  hours  of. 

Acts,  Sec.  64 135 

office  of. 

Acts,  vSec.  64 135 

traveling  expenses  to  be 
allowed. 

Acts,  Sec.  67 136 

LAFAYETTE  MARKET, 

provisions  relating  to. 

Ords.,  Art.  23,  Secs.  93- 
95 946-947 


LEAKAGE  OF  GASOLINE, 

See  "Fire  Regulations." 

automobile  stations,  fire  pre- 
cautions in. 

Ords.,  Art.  11,  Sec.  75....  761 

LEASEHOLD  PROPERTY, 

redemption  of  by  owner  when 
sold  for  taxes. 

Acts,  Sec.  §47a 125 

LEASEHOLDS, 

distinguished  from  fees  in 
sewer  condemnations. 

Ords.,  Art.  33,  Sec.  17.... 

1071-2 

LEASE  OF  CITY  PROPER- 
TY, 

See  "Deeds,  Leases  and  Trans- 
fers. ' ' 

rents  to  be  applied  to  sinking 
fund. 

Ords.,  Art.  34,  Sec.  12  . ..1080 


LEASES, 

See  "Deeds,  Leases  and 
Transfers. ' ' 

LEATHER,  IRON  AND  TO- 
BACCO, 

sales  of  by  manufacturers. 

Acts,  Sec.  278 236 

LEAVE  OF  ABSENCE, 

See  "Police  Commissioners." 

LEE  STREET, 

vehicles ; stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  32 691 

LEGAL  INSTRUMENTS  AND 
PAPERS, 

See  "Conveyances"  and 
' 'Deeds,  Leases  and  7 rans- 
fers." 

City  Solicitor  to  approve  as  to 


form  and  legal  sufficiency. 

Acts,  Sec.  63 135 

LEGAL  OPINIONS, 

City  Solicitor  to  furnish  same 
in  writing. 

Acts,  Sec.  63 135 

— clerk  of,  to  preserve  and 

file  same. 

Acts,  Sec.  65 136 


LEGISLATIVE  DEPART- 
MENT, 

See  "City  Council." 

City  Council  to  constitute,  case 


cited  and  note. 

Acts,  Sec.  209 211 

LEGISLATIVE  DISTRICTS, 

boundaries  of. 

— first  district. 

Acts,  Sec.  657A 394-5 

note  395 

—second  district . 

Acts,  Sec.  657A 394-5 

— third  district. 

Acts,  Sec.  657A 394-5 

councilmanic  districts,  re-ar- 
rangement of. 

Acts,  Sec.  657B 395-6 


I.IBRARIAN. 


I^KGISLATIVK  DISTRICTS.  1476 


Page 

LEGISLATIVE  DISTRICTS, 
Wards, 

— advertisement  of  p r e - 
cincts. 

Acts  Sec.  §656h 393 

— boundaries,  book  of  de- 
scriptions of. 

Acts,  Sec.  §656e 392 

— copies  of  books  of  boun- 
daries. 

Acts,  Sec.  §656e 392 

— division  of  city  into. 

Acts,  Sec.  §656d 391-392 

— division  to  be  made  in 
thirty  days. 

Acts,  Sec.  §656g 393 

— division  of,  into  precincts. 

Acts,  Sec.  §656h 393 

— land  records,  record  of 
boundaries  in. 

Acts,  Sec.  §656e 392 

— maps  of  wards  and  pre- 
cincts. 

Acts,  Sec.  §656i 393 

— numbering. 

Acts,  Sec.  §656d 391-392 

— population  of. 

Acts,  Sec.  §656d 391-392 

— precincts. 

Acts,  Sec.  §656h 393 

— records  of  Supervisors’ 
office,  books  to  become. 

Acts,  Sec.  §656d 391-392 

— renumbering. 

Acts,  Sec.  657 393-394 

— Supervisors  of  Elections 
to  lay  out. 

Acts,  Sec.  §656d 391-392 

— variation  in  population  of. 

Acts,  Sec.  §656d 391-392 

LEGISLATIVE  REFERENCE, 
DEPARTMENT  OF, 

See  ‘ '‘Department  of  Legisla- 
tive Reference.'" 

Acts,  Sec.  208A 210 

LEMONS,  LIMES  AND 
ORANGES, 

See  "Oranges^  Lemons  and 
Limes." 

LEVY, 

See  "Annual  Levy;"  "Ap- 
peal Tax  Court;"  "Board 
of  Estimates;"  "City  Col- 
lector; " " Ordinance  of 

Estimates' ' and  " Taxes.  ’ ’ 


Page 


LEVY.-(Cont’d). 
of  assessments — constructing, 
opening,  etc.,  sewers. 

Acts,  Sec.  818 504 

of  taxes — appeals  from,  as- 
sessments not  to  stay  levy. 

Acts,  Sec.  170 186 

— damages  in  opening,  etc., 
streets,  levy  for. 

Acts,  Sec.  175 191 

Police  Commissioners — to  pay 
expenses  of. 

Acts,  Sec.  747 459 


LEXINGTON  MARKET, 

See  "Markets.''' 

provisos  relating  to. 

Ords.,  Art.  23,  Secs.  77- 
79 947-948 

LIBERTY  STREET, 

vehicles,  stands  for  pro- 
hibited. 

Ords.,  Art.  4,  Sec.  32  ...  691 

LIBRARIAN, 


absence  of — first  assistant  to 
act  as  City  Librarian  in. 

Acts,  Sec.  198 206 

advertisements  for  proposals 
for  supplies. 

Acts,  Sec.  197 205 

accounts  of  supplies  fur- 
nished. 

Acts,  Sec.  197 205 

annual  report  to  City  Council 
by. 

Acts,  Sec.  197 205 

appointment. 

Acts,  Sec.  196 203 

arrange  and  classify  records. 

Acts,  Sec.  196 203 

assistant  Librarian  — bond, 
oath. 

Ords.,  Art.  21,  Sec.  5 906 

assistants,  appointment, 
duties,  salaries. 

Acts,  Sec.  198 206 

bids  filed,  not  to  be  with- 

drawn. 

Acts,  Sec.  199 206 


LIBRARIAN. 


LIBRARIAN. 


Page 


1477 


Page 


LIBRARIAN.— (Cont’d) . 

— to  keep  record  of. 

Acts,  Sec.  199 206 

bonds. 

Acts,  Sec.  196 204 

— of  assistants. 

Acts,  Sec.  198 206 

books — removal  from  library. 

Acts,  Sec.  196 203 

— receipt  for. 

Acts,  Sec.  196 204 

contracts — for  stationery. 

Acts,  Sec.  197 205 

— copies  to  be  filed. 

Acts,  Sec.  199 206 


duties. 

Acts,  Secs.  196-199.. ..2U3-206 


general  statement  annually  to 
City  Council. 

Acts,  Sec.  199 206 

index  of  records,  prepare  and 
keep. 

Acts,  Sec.  196 203 

library  when  to  be  open. 

Acts,  Sec.  200 206 

location  of  library  in  Cit}” 
Hall. 

Acts,  Sec.  196 204 

miscellaneous  stationery  sup- 
plies. 

Acts,  Sec.  197 205 


ordinances  and  resolutions, 
to  be  deposited  in  City 
Library. 

Ords.,  Art.  1,  Sec.  27.  ..  579 
— to  collect  and  arrange. 


Acts,  Sec.  196 204 

Paving  Commission,  records 
of  to  deposit  with. 

Acts,  Sec.  §841s 545 


Perishable  And  Movable 
City  Property, 

— accounting  for  by  city 
officials. 

Ords.,  Art.  21,  Sec.  3..  905 
— City  Solicitor  to  sue  for 
recovery  of  when  lost. 

Ords.,  Art.  21,  Sec.  4 ...  906 


LIBRARIAN.— (Cont’d) . 
Perishable  and  Movable 
City  Property. — (Cont’d). 

— Comptroller  to  examine 
lists  of,  annually  and 
report  losses  to  City 
Solicitor. 

Ords.,  Art.  21,  Sec.  4 ...  906 
— copy  and  preservation  of 
lists  of. 

Ords.,  Art.  21,  Sec.  2....  905 
— death  in  office,  successor 
to  be  responsible  for 
property. 

Ords.,  Art.  21,  Sec.  3....  906 
— departments,  heads  of  to 
file  lists  of,  proviso. 

Ords.,  Art.  21,  Sec.  I....  904 
905 

—inventories  of,  heads  of 
departments  to  furnish, 
proviso. 

Ords.,  Art.  21.  Sec.  1....  904 
905 

— receipt  for  property  by 
successor  in  office. 

Ords.,  Art.  21,  Sec.  3....  905 
906 

— succession  in  office  of  city 
officials,  transfer  of  prop- 
erty in. 

Olds.,  Art.  21,  Sec.  3....  905 

Pictorial  Collection  Showing 
Growth  and  Development 
Of  City, 

— acquisition  of  pictures,  etc. 

Ords.,  Art.  21,  Sec.  7..  907 
— art  societies,  etc.,  to  ap- 
prove pictures. 

Ords.,  Art.  21,  Sec.  7....  907 
— buildings,  monuments, 

streets,  etc.,  to  be  photo- 
graphed every  ten  years. 

Ords.,  Art.  21,  Sec.  8....  907 
— development  of  collection. 

Ords.,  Art.  21,  Sec.  9. ...  907 
— pictorial  history  of  city. 

Ords.,  Art.  21,  Sec.  9....  907 

records — of  city  to  be  cus- 
todian of. 


Acts,  Sec.  196 203 

— of  new  Sewerage  Commis- 
sion. 

Acts,  Sec.  §824h 517 


requisitions,  record  of. 
Acts,  Sec.  199 


206 


I.IBRARIAN. 


LICENSES, 


1478 


UBRARIAN.— (Cont’d). 


schedule  of  stationery  re- 
quired, all  departments  to 
furnish. 

Acts,  Sec.  197 204 

stationery,  to  furnish  to  de- 
partments. 

Acts,  Sec.  197 205 

supplies,  contracts  for,  to 
cover  additional. 

Acts,  Sec.  197 205 


LIBRARIES  FOR  SCHOOLS, 

books  for,  not  to  be  injurious 
to  morals. 

Ords.,  Art.  32,  Sec.  10....1046 

City  College  and  high  schools, 
establishment  at. 

Ords.,  Art.  32,  Sec.  9....1046 

LIBRARY,  CITY, 

See  ^'Librarian.'*' 

LICENSE  AND  MARKET 
DETECTIVE, 

See  Comptroller.' ' 

appointment,  duties  and 
salary  of, 

Ords.,  Art.  6,  Sec.  18..703-4 

LICENSE  FEES, 

See  ''Licenses." 

vehicles,  boats,  etc. 

Ords.  Art.  41,  Sec.  80....1226 

UCENSED  HOUSES  OR 
ORDINARIES, 

penalty  for  gaming  in. 

Ords.,  Art.  12,  Sec.  2....  768 

LICENSEES,  NOTICE  TO, 

publication  of  expiration  of 
licenses. 

Ords.,  Art.  41,  Sec.  84..1227 

LICENSE  NUMBER  PLATES, 

See  "Licenses." 

LICENSE  TAGS, 

See  "Dogs"  and  "Licenses." 

penalty  for  unauthorized 
use  or  removal  of. 

Ords.,  Art.  41,  Sec.  22.... 

1203-04 


Page 

LICENSES, 

See  " Collector  of  Water  Rents 
and  L icenses; " " Dogs;  ’ ’ 

"Liquor  and  Intoxicating 
Drinks;"  " Markets  f sub- 
title " Licenses  and  Rents;" 

' 'Special  Police  Fund;' ' 

* Vehicles;  " “ Water  Rents ' ' 
and  under  the  various 
heads,  embodying  license 
provisions. 

alphabetical  list  of  licensees, 
sheriff  to  prepare. 

Acts,  Sec.  701 427-8 

balls. — rates  of  licenses  for. 

Ords.,  Art.  41,  Sec.  12....1199 

— unlicensed  public,  penalty. 

Ords.,  Art.  41,  Sec.  11....1199 

Belair  Market. 

Ords.,  Art.  23,  Sec.  63....  939 

billiard  and  bagatelle  tables — 


cost  of  license,  proviso. 

Acts,  Sec.  658 396 

— further  tax  on  tables. 

Acts,  Sec.  660 396 

— penalty  for  unlicensed  use. 

Acts,  Sec.  659 396 


Ords.,  Art.  41,  Sec.  3.... 1196 

jDOwling  alleys;  assent  of 
owners  adjoining  property 
necessary. 

Ords.,  Art.  41,  Sec.  5. ...1197 
— cost  of  license;  penalty. 

Ords.,  Art.  41,  Sec.  4....1197 

Broadway  Market,  stalls  in. 

Ords.,  Art.  23,  Sec.  69  ...  940 

Canton  Market. 

Ords.,  Art.  23,  Sec.  71....  941 

carriages. 

Acts,  Sec.  6 47 

cars  on  street  railways;  cost 
of. 

Ords.,  Art.  41,  Sec.  18, 

1201-02 

carts,  carters. 

Acts,  Sec.  6. 47 

certificate  of  market  licenses. 

Ords.,  Art.  23,  Sec.  17.923-4 

charcoal;  penalty. 

Ords.,  Art.  41,  Sec.  19....1202 


LICENSES. 


LICENSES. 


1479 


Page 

LICENSES.— (Cont’d). 
cheese  or  salted  or  cured 
meats;  penalty. 

Ords.,  Art.  41,  Sec.  16, 

1200-01 

clerk  of  markets  to  post  notice 
on  unrented  stalls. 

Ords.,  Art.  23,  Sec.  12....  922 

dogs — cost  of  license;  renew- 
al of;  penalty. 

Ords.,  Art.  41,  Sec.  21, 

1202-03 

— dogs  exempt  from. 

Ords.,  Art.  41,  Sec.  21, 

1202-03 

— seizure  and  impounding  of. 

Ords.,  Art.  41,  Sec.  20.. ..1202 
— tags  and  collars  for. 

Ords.,  Art.  41,  Sec.  20.. ..1202 
— tags  lost  or  stolen;  replac- 
ing. 

Ords.,  Art.  41,  Sec.  21. 

1202-03 


drays,  draymen. 

Acts,  Sec.  6 47 

due  and  collectable,  when 

Acts,  Sec.  59 132 


flour  and  meal;  required  for 
sales  of,  from  wagons; 
proviso. 

Ords. , Art.  23,  Sec.  24....  927 
fees  of  sheriff. 

Acts,  Sec.  702 427-8 

flving  horses,  cost  of;  penalty. 

Ords.,  Art.  41,  Sec.  10....1199 

fruits,  meats,  vegetables;  sale 
of. 

gauger  of  casks  and  liquors; 
fee  and  oath  of  licensee. 

Acts,  Sec.  544 341 

general  powers  in  relation  to. 

Acts,  Sec.  6 61 

hackney  carriages;  issue  of 
special  license  for. 

Acts,  Sec.  285 255 

— restrictions  applicable  to 
such  licenses. 

Acts,  Sec.  286 255-56 


Page 

LICENSES.— (Cont’d). 
homes  for  care  of  infants. 

Acts,  Sec.  §493h 323 

horse  dealers — 

— auctioneers  exempt  from 
provisions  hereunder. 

Acts,  Sec.  662 397-8 

— dealers  defined. 

Acts,  Sec.  663 398 

— fee  for  license,  additional 
fees. 

Acts.  Sec.  661 396-7 

— non-resident  dealers. 

Acts,  Sec.  662 397-8 

— penalty  for  unlicensed 

dealing. 

Acts,  Sec.  662 397-8 

— sales  by  individuals. 

Acts,  Sec.  662 398 

— sales  in  streets,  prohibited 

Acts,  Sec.  661 396-7 

Installation  of  Electrical  Appa- 
ratus and  Wiring,  Board  of  Ex- 
aminers and  Supervisors, 

— appeal  from  decisions,  arbi- 


tration of. 

Acts,  Sec.  §663f 401-2 

— appointment. 

Acts,  Sec.  §663a 398-9 

— apprentices,  exemption. 

Acts,  Sec.  §663q  406 

— assignment  of  license. 

Acts,  Sec.  §663n 405 

— Board  of  Arbitration . 

Acts,  Sec.  §663f 401-2-3 

— bond,  failure  of,  to  revoke 
license. 

Acts,  Sec.  §663j 404 

— bond  of  applicant. 

Acts,  Sec.  §663f 401-2-3 

— by-laws. 

Acts,  Sec.  §663b 399-400 

— compensation . 

Acts,  Sec.  §663c 400 

— composition  of. 

Acts,  Sec.  §663a 398-9 

— conditions  of  issue  of  license. 

Acts,  Sec.  §663f 401-2-3 

— evidence,  license  as. 

Acts,  Sec.  §663g 403 

— examination  of  electricians, 
rules  for. 

Acts,  Sec.  §663d 400 


— examination,  requirements 
of. 

Acts,  Sec.  §663f.. 

Acts,  Sec.  §663q. 


hacks,  hackmen. 
Acts,  Sec.  6. 


47 


.401-2-3 
406 


LICENSES. 


LICENSES. 


1480 


Page 

LICENSES.— (Cont’d). 

Installation  of  Electrical 
Apparatus,  Etc. — (Cont’d). 

— exemption  from  provisions. 


Acts,  Sec.  §663f 401-2-3 

— expenses,  proviso. 

Acts,  Sec.  §663c 400 

— fee,  renewal. 

Acts,  Sec.  §663h 403-4 

— functions. 

Acts,  Sec.  §663a 398-9 

— journeymen . 

Acts,  Sec.  §663q 406 

— license,  display  of. 

Acts,  Sec.  §663k 404 

— license  fee. 

Acts,  Sec.  §663f 401-2-3 

— license,  powers  under. 

Acts,  Sec.  §663  1 404-5 

— fees,  disposition  of. 

Acts,  Sec.  §663o 405 

— ‘ ‘ Master  K1  ectrician , ” de- 
fined. 

Acts,  Sec.  §663e 400-1 

— meetings. 

Acts,  Sec.  §663d 400 

— municipal  electrical  inspec- 
tors, statement  to,  of 

licenses  issued,  etc. 

Acts,  Sec.  §663d 400 

— nominations  for  member- 
ship on  Board. 

Acts,  Sec.  §663a 398-9 

— notice  of  meetings  to  appli- 
cants. 

Acts,  Sec.  §663d 400 

— oath  of  applicant. 

Acts,  Sec.  §663f 401-2-3 


—of  office  of  Board. 

Acts,  Sec.  §663b 399-400 

— officers,  election  of. 

Acts,  Sec,  §663b 399-400 

— per  diem  of. 


Acts,  Sec.  §663c 400 

— penalty  for  work  without 
license. 

Acts,  Sec.  §663m 405 

— quorum. 

Acts,  Sec.  §663a 398-9 

— register  of  licenses. 

Acts,  Sec.  §663f 401-2-3 

— removal  from  board. 

Acts,  Sec.  §663a 398-9 

— renewals  of  license,  fee. 

Acts,  Sec.  §663h 403-4 

— report  to  Governor. 

Acts,  Sec.  §663p 406 

— revocation  of  license. 

Acts,  Sec.  §663i 404 


LICENSES.— (Cont’d) . 
Installation  of  Electrical 
Apparatus,  Etc. — (Cont’d). 


— rules  of  Board. 


Acts,  Sec.  §663b 

401-2-3 

— secretary,  compensation 

Acts,  Sec.  §663c 

’ 400 

— term  of  license. 

Acts,  Sec.  §663g 

403 

— term  of  office  of  members. 

Acts,  Sec.  §663a 

398-9 

— wiring  specifications. 

Acts,  Sec.  §663d 

400 

— vacancies  in  Board. 

Acts,  Sec.  §663a 

398-9 

license  and  market  detective. 

Ords.,  Art.  6,  Sec.  18 704 

to  cover  business  in  one 
building  only,  proviso. 

Acts,  Sec.  702 427 

Liquor  Licenses, 

— affidavit  by  parent,  wife, 
etc.,  of  intemporates. 

Acts,  Sec.  681 416 

— to  petition  for. 

Acts,  Sec.  674 412-13 

— apothecaries,  sales  by, 
record  of. 

Acts,  Sec.  683 417 

— application,  publication  of. 

Acts,  Sec.  673 412 

— record  of. 

Acts,  Sec.  669 410-11 

— appointment  of  Board  of 
Liquor  License  Commis- 
sioners. 

Acts,  Sec.  668 410 

— assignment  of  license. 

Acts,  Sec.  690 421-2 

— bottling  license,  fee. 

Acts,  Sec.  688 419-20 

— brewers,  retail  license,  not 
to  issue  to. 

Acts,  Sec.  678 414-15-16 

— sales  by. 

Acts,  Sec.  688 419-20 


— certificate  of  voters  to 
petitions. 


Acts,  Sec.  675 

— clerks  to  Board. 

413 

Acts,  Sec.  669 

— club  license  fee. 

410-11 

Acts,  Sec.  678 

— clubs,  sales  by. 

....414-15-16 

Acts,  Sec.  682 

— counsel  to  Board. 

416-17 

Acts,  Sec.  669 

410-11 

I.ICKNSES.  1481  LICENSES. 


Page 

LICENSES.— (Cont’d). 

Liquor  Licenses. — (Cont’d). 


— destroyed  or  lost. 

Acts,  Sec.  690 421-2 

—display  of  license. 

Acts,  Sec.  680 416 

— disposition  of  fees. 

Acts,  Sec.  679 416 

“ “ 688 419-20 

— distillers,  no  retail  license 
to. 

Acts,  Sec.  678 414-15-16 

— sales  by. 

Acts,  Sec.  688 419 

— drink,  sales  by. 

Acts,  Sec.  678 414-15-16 

— druggists,  sales  by,  record 
of. 

Acts,  Sec.  683 417 

— drunkards,  sales  to  forbid- 
den. 

Acts,  Sec.  681 416 

— duplicate  license. 

Acts,  Sec.  690 421-22 

— election  day,  no  sales  on. 

Acts,  Sec.  682 ...416-17 

Acts,  Sec.  685 418 

— exemptions  from  provi- 
sions. 

Acts,  Sec.  667 410 

— expenses  of  Board. 

Acts,  Sec.  669 410 

— fee  for  license. 

Acts,  Sec.  672 411-12 

Acts,  Sec.  678 414-15-16 

— payment  of,  prerequi- 
site to  issue. 

Acts,  Sec.  677 414 

— fine  for  unlicensed  sales. 

Acts,  Sec.  684  417-18 

— fraud  revoking  license. 

Acts,  Sec.  676 413-14 

—German,  publication  of 
petition  in. 

Acts,  Sec.  673 412 

— grocers,  retail  license  for. 

Acts,  Sec.  678 414-15-16 

— hotel-keepers,  sales  by,  on 
Sundays. 

Acts,  Sec.  682 416-17 

— license  to. 

Acts,  Sec.  689 420-21 

— improper  issue  of  license. 

Acts,  Sec.  686 418-19 

— intoxicants  defined. 

Acts,  Sec.  667 409-10 

— jobbers  and  wholesalers, 
fee. 

Acts,  Sec.  688 491 


Page 

LICENSES.— (Cont’d). 

Liquor  Licenses. — (Cont’d). 

— jurisdiction  of  Board. 

Acts,  Sec.  671 411 

— lapse  of  petition  when  fee 
not  paid. 

Acts,  Sec.  678 414-15-16 

— license  framed  under  glass 
and  displayed. 

Acts,  Sec.  680 416 

— lost  or  destroyed. 

Acts,  Sec.  690 421-2 

— minors,  no  sales  to. 

Acts,  Sec.  681 416 

— non-alcoholic  beverages. 

Acts,  Sec.  678 414-15-16 

— note  case  cited 414 

— notice  of  petition  by  pub- 
lication. 

Acts,  Sec.  673 412 

— ordinary  keeper. 

Acts,  Sec.  689 420-21 

— notice  to  applicant  when 
petition  granted. 

Acts,  Sec.  678 414-15-16 

— penalty  for  false  state- 

ments in  petition. 

Acts,  Sec.  674 412-13 

— permit  for  sales  during 
transfer  of  license. 

Acts,  Sec.  690 421-22 

— penalty  for  unlicensed 

Acts,  Sec.  684 417-18-19 

— petition  lor  license,  re- 
quirements for. 

Acts.  Secs.  673-74 412 

— petition  of  residents. 

Acts,  Sec.  676 413-14 

— Police  Commissioners,  per- 
mits of  sale. 

Acts,  Sec.  682 416-17 

— Police  Commissioners,  per- 
mits, fee. 

Acts,  Sec.  691 422 

— publication  of  petition. 

Acts,  Sec,  673 412 

— prosecution  of  Board  for 
corruption. 

Acts,  Sec.  686 418-19 

— recommendations  and  re- 
monstrances, record  of. 

Acts,  Sec.  669 410-11 

— records,  open  to  public. 

Acts,  Sec.  669 410-11 

— remonstrances  of  resi- 
dents. 

Acts,  Sec.  676. 


413 


LICENSES. 


LICENSES. 


Page 


1482 


Page 

LICENSES.— (Cont’d). 

Liquor  Licenses. — (Cont’d). 

— revocation  for  false  state- 
ments in  petition. 

Acts,  Sec.  674 412-13 

— revocation, on  improper  is- 
sue. 

Acts,  Sec.  686 .....418-19 

— revocation  for  fraud, viola- 
tion of  law,  etc. 

Acts,  Sec.  676 413-14 

— re  vocation,  for  loitering  mi- 
nors and  disreputable 
persons. 

Acts,  Sec.  685 418 

— salaries  of  Board. 

Acts,  Sec.  670 411 

— sales  on  Sundays  or  elec- 
tion days  prohibited. 

Acts,  Sec.  674 412-13 

Acts,  Sec.  682 416-17 

— sales  to  minors,  drunk- 
ards, etc. 

Acts,  Sec.  681 416 

— saloon  license  fee. 

Acts,  Sec.  678 414-15-16 

— summoning  witnesses. 

Acts,  Sec.  687 419 

— term  of  license,  when  to 
begin . 

Acts,  Sec.  672 411-12 

“ “ 688 419-20 

— tobacco,  sales  of  by  li- 
censees. 

Acts,  Sec.  678 414-15-16 

— vote  of  Board  on  applica- 
tions. 

Acts,  Sec.  669 410-11 

— voters,  certificate  of,  to 
petitions. 

Acts,  Sec.  674 413 

— wholesalers  and  jobbers  li- 
cense, fee. 

Acts,  Sec.  688 419 

— witnesses.  Board  to  sum- 
mon. 

Acts,  Sec.  687 419 

list  of  business  to  Grand  Jury. 

Acts,  Sec.  701 427-8 

meal  and  flour  ; fee  for  license 

for  sale  of  from  carts  or 
vehicles  in  markets. 

Ords.,  Art.  23,  Sec.  24....  927 

merchandise  brokers,  fee  for 
license. 

Acts,  Sec.  694 


LICENSES.— (Cont’d). 

Liquor  Licenses. — (Cont’d). 
midwives,  by  Board  of  Health. 

Acts,  Sec.  §493f 323 

musical  parties ; exemptions. 

Ords.,  Art.  41,  Sec.  13....1200 

Northeast  market;  licenses 
for  stalls. 

Ords.,  Art.  23,  Sec.  105..  950 

notice  to  licensees,  publi- 
cation of. 

Acts,  Sec.  701 427-8 

oil  and  fluid  illuminants — pen- 
alty for  sale  without. 

Art.  41,  Sec.  27 1205 

— record  for  licenses;  copy 
for  Assistant  Superinten- 
dent of  Lamps  and  Light- 
ing. 

Ords.,  Art.  41,  Sec.  26....1205 

Pawnbrokers, 


— accounts. 

Acts,  Sec.  692 422-3 

— bond  of. 

Acts.  Sec.  693 423 


Ords.,  Art.  41,  Sec.  30.... 

1206,  1207 

— cost  and  term  of  license. 

Ords.,  Art.  41,  Sec.  28.... 

1205,  1206 

— fees  for  license. 

Acts,  Sec.  693 423 

— inspection  of  accounts. 

Acts,  Sec.  692 422-3 

— license  fee. 

Acts,  Sec.  693 423 

— Marshal  of  Police  to  inspect 
accounts. 

Acts,  Sec.  692 422-3 

— penalty  for  violation  of 
provisions. 

Acts,  Sec.  692 422-3 

“ “ 693 423. 

— special  provisions  relating 
to. 

Ords.,  Art.  41,  Sec.  29.. ..1206 

performances  in  theatres, 
penalty. 

Ords.,  Art.  41,  Sec.  8 1198 

poles,  telegraph,  telephone, 
etc.,  cost  of  ; poles  exempt. 

Ords.,  Art.  41,  Sec.  39.... 

' 1210-1211 


424 


LICENSES. 


LICENSES. 


Page 


1483 


Page 

LICENSES.— (Cont’d). 

— tin  plates  for ; dies  of 
plates. 

Ords.,  Art.  41,  Sec.  40.. ..1211 


porters. 

Acts,  Sec.  6 47 

premises  where  business  car- 
ried on  to  be  designated 
in  license. 

Acts,  Sec.  702 428 

— privy  cleaners  applications 
for  licenses. 


Ords.,  Art.  41,  Sec.  45....1213 
— bonds  of. 

Ords.,  Art.  41,  Sec.  45.. 

1213,  1214 

— licenses  for. 

Ords.,  Art.  14,  Sec.  140..  840 
— p e n a 1 1 y for  cleaning 
without  license. 

Ords.,  Art.  41,  Sec.  44....1213 


Real  Estate  Brokers, 

— attorneys  exempt. 

Acts,  Sec.  700 426 

— broker  defined. 

Acts,  Sec.  696 425 

— cesser  of  license. 

Acts,  Sec.  697 425 

— death  of  licensee. 

Acts,  Sec.  697 425 

— fee  for  license. 

Acts,  Sec.  695 424 

— lawyers  exempt. 

Acts,  Sec.  700 426 

— license  requirements  for. 

Acts,  Sec  695 424 

— names  of  licensees  to  be 
inserted  in  license. 

Acts,  Sec.  695 424 

— note,  cases  cited 424 

— penalty  for  unlicensed 
brokers. 

Acts,  Sec.  696 425 

— separate  license  for  each 
office. 

Acts,  Sec.  699 426 

— transfer  of  license. 

Acts,  Sec.  698 426 

regulation,  taxation  or  sup- 
pression of  certain  trades, 
vocations  or  professions. 

Acts,  Sec.  6 61 

revenue  from  carriage,  etc., 
application  of. 

Acts,  Sec.  6 47 


LICENSES.— (Cont’d). 

revocations  and  refusal  of. 

Ords.,  Art.  41,  Sec.  14  ... 1200 

sausages  and  puddings  in  mar- 
kets; proviso. 

Ords.,  Art.  41,  Sec.  17....1201 

sheriff’s  fees. 

Acts,  Sec.  701 427-8 

shuffle  boards ; cost  of ; pen- 
alty. 

Ords.,  Art.  41,  Sec.  6 1197 


stevedores. 

— fee  for  license. 

Acts,  Sec.  §700a 427 

— license. 

Acts,  Sec.  §700a 427 

— note,  case  cited. 

Acts,  Sec.  §700a 427 

— penalty  for  unlicensed  bus- 
iness, as. 

Acts,  Sec.  §700a 427 


Street  Venders’  Licenses, 

— fruits,  cakes,  nuts,  etc. 

Ords.,  Art.  41,  Sec.  46.1214 
— notice  to  offenders  against 
license  laws;  proviso. 

Ords.,  Art.  41,  Sec.  49..1215 
— fruits  and  vegetables;  sold 
from  wagons. 

Ords.,  Art.  41,  Sec.  50..1215 
— hawkers  and  hucksters  of 
fruit  and  vegetables. 

Ords.,  Art.  41,  Sec.  51..1215 
— oranges,  lemons  and  limes; 
sales  restricted  to  one 
person. 

Ords.,  Art.  41,  Sec.  48 

1214-1215 

— penalty. 

Ords.,  Art.  41,  Sec.  47..1214 
— penalties  for  violation  of 
regulations  relating  to. 

Ords.,  Art.  41,  Sec.  53..1216 
— sales  from  wagons;  license 
for;  penalty. 

Ords.,  Art.  41,  Sec.  51..1215 
— wagon  attendants  to  wear 
license  badge. 

Ords.,  Art. 41,  Sec.  52.1216 
theatres;  annual  license. 

Ords.,  Art.  41,  vSec.  9.  .1198 

theatrical  performances;  cost; 
penalty. 

Ords.,  Art.  41,  Sec.  7, 

1197-1198 


LICENSES. 


LICENSES. 


Page 


1484 


Page 

LICENSES.— (Cont’d). 

Vehicles,  Boats  and  Scows, 

Acts,  Sec.  6 47 

Ords.,  Art, 41, Secs.  74-84 

1223-1227 

— accounting  for  licenses 
issued  by  Collector. 

Ords.,  Art.  41,  Sec.  75. .1223 
— advertisement  of  expira- 
tion of  licenses. 

Ords.,  Art.  41,  Sec.  84..1227 
— annual  fee  for  licenses. 

Ords . , Art . 41 , Secs . 80 , 84 

1226-27 

— notice  of  expiration  to 

licensees. 

Ords.,  Art.  41,  Sec. 84.. 1227 
— boats  and  scows,  issue  of 
license  for. 

Ords.,  Art.  41,  Sec.  75..1223 
— for  which  license  re- 
quired. 

Ords.,  Art.  41,  Sec. 76 

1223-4 

— cabs,  etc. , license  re- 
quired, penalty. 

Ords.,  Art.  41,  Sec.  76 

1223-5 

— false  entry  of,  or  change 
of  number  of  license, 
penalty. 

Ords.,  Art.  41,  Sec.  81. .1226 

— fees  for  licenses. 

Ords.,  Art.  41,  Sec.  80..1226 
— fraud  in  regard  to  licenses; 
penalty. 

Ords.,  Art.  41,  Sec.  81..1226 
— hackney  carriages,  license 
for, 

Ords.,  Art.  41,  Sec,  76 

1223-4 

— ^license  fees  for  carriages, 
etc. 

Ords.,  Art.  41,  Sec.  80.1226 
— and  number  plates, 
issue  of. 

Ords.,  Art.  41,  Secs. 

76,  78 1223-25 

— and  plate  numbers  to 
correspond. 

Ords.,  Art.  41,  Sec.  83..1227 
— misuse  of  licenses,  pen- 
alty. 

Ords,,  Art.  41,  Secs. 

81  ,85  1226-8 


LlCENSES.-(Cont’d). 

Vehicles,  Boats,  Etc. (Cont’d) . 

— note 1226 

— notice  to  licensees  of  ex- 
piration of  license. 

Ords.,  Art.  41,  Sec.  84..1227 
— numbers  on  plates,  and 
license  numbers  to  cor- 
respond, penalty, 

Ords.,  Art.  41,  Sec.  83..1227 
—number  plates,  require- 
ments for. 

Ords.,  Art.  41,  Sec.  78 

1224-5 

— numbers  on  private  car- 
riages. 

Ords.,  Art.  41,  Sec.  78 

1224-5 

— licensees  may  retain 
same  number  from  year 
to  year. 

Ords.,  Art.  41,  Sec.79..1225 
— owners  may  provide  num- 
ber plates. 

Ords.,  Art.  41,  Sec.  79..1225 

— of  carriages  using  same 
for  hire  to  procure  li- 
cense, penalty. 

Ords., Art. 41,  Sec.  82..1227 

— penalty  for  neglect  of  li- 
cense. 

Ords.,  Art.  41,  Sec.  76..1224 

— for  fraud  in  regard  to  li- 
cense. 

Ords.,  Art.  41,  Sec.  81..1226 

— period  for  which  licenses 
are  issued. 

Ords.,  Art.  41,  Sec.  77..1224 

— private  carriages,  number 
plates  for. 

Ords.,  Art.  41,  Sec.  78..1225. 

— license  required  when 
used  for  hire. 

Ords.,  Art.  41,  Sec.  82..1227 

— publication  of  expiration 
of  licenses. 

Ords.,  Art.  41,  Se^.  84..1227 
— revocation  of  license  for 
violations  of  speed  regu- 
lations. 

Ords.,  Art.  41,  Sec.  74..  1223 
— termination  of  license, 
proviso  extending  time. 
Ords.,  Art.  41,  Sec.77..1224 


LICENSES.  1485  LIGHTING  AND  CLEANING. 


Page 

UCENSES.— (Cont’d). 

Vehicles,  Boats,  Etc. — (Cont’d). 
— transfer  of  license,  where 
made. 

Ords.,  Art.  41,  Sec.  80..1226 
— vehicle  licenses,  issue  of. 

Ords.,  Art.  41,  Sec.  75. .1223 
— vehicles  for  which  license 
required. 

Ords.,  Art.  41,  Sec.  76 

1223^ 

visits  to  jail — license  re- 


quired. 

Acts,  Sec.  137 167 

wagons,  wagoners. 

Acts,  Sec.  6 47 

watermen . 

Acts,  Sec.  6 47 


women’s  merchandise  li- 
censes. 

Ords.,  Art.  41,  Sec.  85....1228 

— fines  and  penalties  for 

violation  of  provisions. 

Ords.,  Art.  41,  Sec.  85..1228 

UCENSES  FOR  VEHICLES, 

See  ‘ ^Licenses.  ’ ’ 

LICENSES  AND  RENTS, 

See  ‘ 'Markets,  ” sub  ■ title 
‘ 'Licenses  and  Rents.  ’ ’ 

Ords.,  Art.  23,  Secs. 

12-17 922-924 

UCENSES  OF  AUCTION- 
EERS, 

See  " Auctioneers. 

LICENSES  OR  PERMITS. 

See  ' 'Special  Police  Fund.  ’ ’ 

LIENS, 

See  ' 'A ssessmentsp  ’ ‘ ‘ City 
Collector;'  ’ ‘ ‘ Condemnation 
of  Property;"  "City  Reg- 
ister;" "Grading,  Paving, 
etc. , Streets;  ” “ Opening, 

closing,  etc..  Streets"  and 
' ' Taxes.  ’ ’ 

assessments  for  g r a d i n g , 
paving,  etc. 

Ords.,  Art.  35,  Sec.  93..1127 


Page 

LIENS.— (Cont’d). 
benefits  assessed — for  grad- 
ing, paving,  etc. 

Ords.,  Art.  35,  Sec.  67. .1115 
— to  vest  in  any  person  pay- 
ing assessment  for  open- 
ing, etc.,  sewers. 

Ords.,  Art.  33,  Sec.  15..1071 

Burnt  District  assessments. 


App.  A,  Sec.  18  1252 

increase  of  assessment  of 
taxes  by  Baltimore  City 
Court  to  be. 

Acts,  Sec.  170 187 


livery  charges. 

(^See  "Livery  Stable 
Keeper.'") 

sewers — benefits  assessed  in 
construction,  etc.,  of. 

Acts,  Sec.  819 505 

LIFTS,  ELEVATORS,  AND 
HOISTS, 

See  "Buildings,"  sub-title, 

' 'Elevators . ’ ’ 

LIGHT  STREET, 

vehicles;  stands  for  pro- 
hibited. 

Ords.,  Art.  4,  Sec.  31....  692 

widening  of,  by  B.  D.  Com- 
mission . 

App.  A,  Sec.  27 1255-1256 

LIGHT  STREET  BRIDGE, 

See  " Long  Bridge 

LIGHTING  AND  CLEANING 
CITY  LAMPS, 

See  "Lamps  and  Lighting." 

duties  of  Superintendent  of 
Lamps  and  Lighting. 

Ords.,  Art.  20,  Sec.  3 894 

hour  for  lighting  city  lamps. 

Ords.,  Art.  20,  Sec.  23..  900 

LIGHTING  AND  CLEANING 
STREETS, 

See  ' 'Lamps  and  Lighting ' ' 
and' 'Street  Cleaning." 


I.IGHTING  AND  CLEANING  1486  LIQUORS  AND  WINES. 


Page 

UGHTING  AND  CLEANING 
STREETS.— (Cont’d). 
general  powers  of  city. 

Acts,  Sec.  6 80 

interference  '«dth  lighting, 
penalty. 

Ords.,  Art.  25,  Secs. 
57-58 976 

LIGHTING  CONTRACTS, 

See  ‘ '‘Lamps  and  Lighting. ' ’ 

forfeit  clause  for  dead  lamps. 

Ords.,  Art.  20,  Sec.  16....898-9 

LIGHTING  PLANT,  MUNIC- 
IPAL, 

See  "Stocks,  Loans  and  Fi- 
nance. ' ’ 

LIGHT  STREET  BRIDGE, 

joint  maintenance  of  lights 
on. 

Acts,  Sec.  6 83 

LIMITATIONS, 

See  ''‘Taxes." 


bail,  recognizance  six  years. 

Acts,  Sec.  §278e 248 

City  Council  not  to  consider 
claims  barred  by. 

Ords.,  Art.  1,  Sec.  32 581 


LINEMEN  AND  BATTERY- 
MAN, 

See  "Fire"  sub-title  "‘Fire 
Department.  ’ ’ 

Fire  Alarm  Telegraph,  ap- 
pointment, duties,  bond. 

Ords.,  Art.  11,  Secs.  27- 
30 746-747 

LINES  AND  GRADES  OF 
STREETS, 

See  "Streets  and  City  Engi- 
neer. ’ ’ 

appeals  from  decisions  of 
City  Engineer. 

Ords.,  Art.  135,  Sec.  47..1107 
1108 

— bond  of  appellant. 

Ords.,  Art.  35  Sec.  48.. ..1108 
— expenses  of  appeal. 

Ords.,  Art.  35  Sec.  49....1108 


Page 

LINES  OF  STREETS, 

See  "Grade  Lines  oj 
Streets;"  and  '‘'‘Streets  and 
City  Engineer." 

establishment  of,  before  build- 
ing, etc.,  is  begun. 

Ords.,  Art.  35,  Sec.  46..1107 

LIQUID,  LONG  AND  DRY 
MEASURES, 

annual  inspection  of. 

Ords.,  Art.  17,  Sec.  17..  882 

LIQUOR, 

Sabbath  sales  of,  in  streets 
unlawful,  penalty. 

Ords.,  Art.  31,  Sec.  2 1040 

LIQUOR  AND  INTOXICAT 
ING  DRINKS, 

See  "Licenses." 

prohibiting  sales  in  certain 
places — 

— Calvert  street  north  of 
Merryman’s  Lane,  28th 
street  and  Jones’  Falls, 
territory  bounded  by. 


Acts,  Sec.  §666e 409 

— Druid  Hill  Park,  north  of. 

Acts,  Sec.  §666d 408 

— Edmondson  avenue  and 
Fifteenth  street,  vicinity 
of. 

Acts,  Sec.  §666c 408 

— Mount  Royal  Terrace. 

Acts,  Sec.  666 407 

— Mount  Vernon  Factories. 

Acts,  Sec.  §664 406 

— Oak  street,  24th  street, 
Guilford  avenue  and  21st 
street. 

Acts,  Sec.  §666b 407 

— Walbrook  Public  School, 
vicinity  of. 

Acts,  Sec.  §666a 407 

— Woodberry  Factory. 

Acts,  Sec.  665 406 


LIQUORS  AND  WINES, 

See  ‘ 'Inspections,  Weights 
and  Measures." 

markets,  sales  in  forbidden, 
penalty. 

Ords.,  Art.  23,  Sec.  36....  930 


LIQUORS. 


1487  LOCATION  OF  LAMPS. 


Page 

LIQUORS,  SPIRITUOUS  OR 
MALT, 


in  jail,  prohibited. 

Acts,  Sec.  135 167 

— penalty. 

Acts,  Sec.  136 167 


LIST  OF  BONDS  AND 
STOCKS. 

See  ''Stocks,  Loans  and 
Finance.  ’ ’ 

issues  of,  chronological  table 
of. 

Ords.,  Art.  34,  Sec.  19....1082 

LIST  OF  HOLDERS  OF 
CITY  LOANS, 

See  "Appeal  Tax  Court.'''' 
Appeal  Tax  Court  to  make 
list,  when. 

Acts,  Sec.  154 175 


Page 

LIVE  STOCK, 

See  ‘ ‘ Inspections,  Weights 
and  Measures.  ’ ’ 

weighing  of— at  Canton  hay 
scales,  scale  of  charges  for 
weighing. 

Acts,  Sec.  565 347 

LOADING  AND  UNLOAD- 
ING OF  CARS  IN 
STREETS, 

See  ‘ 'Railroads  and  Rail- 
ways;'''' sub-title  "Cars  of 
Steam  Railroads.'''' 

Ords.,  Art.  30,  Sec.  3....1016 
1017 

LOADING  OR  UNLOADING 
OF  WAGONS, 

See  "Vehicles.'" 


USTS  OF  CITY  PROPERTY, 

See  "Librarian." 

heads  of  departments  to  fur- 
nish to  librarian,  exception. 

Ords.,  Art.  21,  Sec.  1....  904 
905 

LIVE  STOCK, 

See  "Police  Regulations." 

driving  through  streets  on 
Sabbath,  unlawful,  penalty, 
proviso. 

Ords.,  Art.  31,  Sec.  1....1040 

LIVERY  STABLE  KEEPERS, 

account  for  livery  to  be  proven 
before  a J.  P. 

Acts,  Sec.  293 257 


LOANS  STOCKS  AND  FI- 
NANCE, 

See  "Stocks  Loans  and 
Finance.  ’ ’ 


list  of  loans  furnished  to 
Appeal  Tax  Court  by  City 
Register. 

Acts,  Sec.  151 173 


sewer  loans,  sinking  funds 
and  levy  for. 

Acts,  Sec.  823 506 

sewers,  loan  to  defray  cost  of 
constructing. 

Acts,  Sec.  818 504 


sinking  funds. 

Acts,  Sec.  41 121 


custody  of  horse,  etc.,  to  be 
retained  until  his  charges 


are  paid. 

Acts,  Sec.  291 257 

sale  of  horse  or  vehicle  for 
livery  charges,  notice  of 
sale. 

Acts,  Sec.  292 257 


temporary  loans. 

Acts,  Sec.  41 121 

LOADS  ON  FLOORS, 
WEIGHTS  AND 
STRAINS, 

See  ' 'Buildings,  ’ ’ this  sub- 
title. 


warrant  of  sale  for  livery 
charges. 

Acts,  Sec.  293 257-258 

LIVERY  STABLES. 

See  "Buildings,"  sub-title 
' 'Stables.  ’ ’ 


LOCATION  OF  ELECTRIC 
LAMPS, 

See  "Lamps  and  Lighting." 

Superintendent  of  Lamps  and 
Lighting  to  change. 

Ords.,  Art.  20,  Sec.  22..  900 


mcdonogh  fund, 


LOCOMOTIVE  ENGINES.  1488 


LOCOMOTIVE  ENGINES, 

See  ''Railroads  and  Rail- 
ways. ’ ’ 

provisions  of  Code  relating  to, 
how  applicable. 

Ords.,  Art.  30,  Sec.  17. .1021 

riding  on^unauthorized,  pen- 
alty. 

Ords.,  Art.  4,  Sec.  28 690 

streets  on  which  use  of 
allowed — 

— Boston  street. 

Ords.,  Art.  30,  Sec.  13....1019 
— Camden  Station,  streets  in 
vicinity  of. 

Ords.,  Art.  30,  Sec.  13....1019 
— Canton  avenue. 

Ords.,  Art.  30,  Sec.  13. ...1020 
— Eastern  avenue. 

Ords.,  Art.  30,  Sec.  13. ...1019 
— North  street. 

Ords.,  Art.  30,  Sec.  13....1019 
— Pratt  street. 

Ords.,  Art.  30,  Sec.  13....1019 
— President  street. 

Ords.,  Art.  30,  Sec.  13. ...1020 

use  of  on  tracks  unauthor- 
ized, prohibited;  penalty. 

Ords.,  Art.  30,  Sec.  15. ...1020 

LODGING  HOUSES  AND 
TENEMENTS, 

See  "Tenement  and  Lodging 
Houses.  ’ ’ 

Acts,  Sec.  6 53 


LONG  BRIDGE, 

maintenance  at  sole  expense 
of  city. 

Acts,  Sec.  839 528-529 

Police  Commissione  rs, 
authority,  duties  and 
powers  of  in  relation  to 
bridge. 

Acts,  Sec.  781 484 


LOSS  OF  CITY  PROPERTY, 

recovery  of,  or  damages  for, 
by  City  Solicitor. 

Ords.,  Art.  21,  Sec.  4....  906 


Page 

LOST  CERTIFICATES  OF 
STOCK, 

See  ' 'Stocks,  Loans  and 
Finance." 

renewal  of,  application  for. 

Ords.,  Art.  34,  Sec.  5....1078 

LOST  MONEY  OR  PROP- 
ERTY, 

See  "Special  Police  Fund." 

LOW  GROUND, 

draining  of. 

Ords.,  Art.  14,  Secs.  94- 
100 826-827 

wood  shavings  on,  prohibited, 
penalty. 

Ords.,  Art.  14,  Sec.  1?1..  833 

LUMBER, 

tax  on  lumber  floated  to  port. 

Acts,  Sec.  6 52 

LUNATIC  AND  INSANE 
CONVICTS, 

Visitors  of  Jail  to  have  ex- 
amined. 

Acts,  Sec.  §120a 163 

MACADAM  PAVING  IN 
“ANNEX,” 

authorized  when  owners  se- 
lect. 

Ords.,  Art.  35,  Sec.  82,  1122 

McDONOGH  EDUCATIONAL 
FUND  AND  INSTITUTE, 

annual  report  of  trustees  to 
Mayor  and  City  Council, 
contents  of. 

Ords.,  Art.  22,  Sec.  7,  911 

inspection  of  records  and  prop- 
erty by  the  Mayor  and  by 
Committee  of  City  Council. 
Ords.,  Art.  22,  Sec.  8,  911 

interest  of  fund  to  be  applied 
to  maintenance  of  school. 

Ords.,  Art.  22,  Sec.  6, 

910-911 

list  of  original  trustees. 

Ords.,  Art.  22,  Sec.  1.  908 


MCDONOGH  FUND. 


MANUFACTURES. 


1489 


Page 

McDONOGH  FUND.— (Cont’d). 

number  of  trustees,  vacancy 
in,  Mayor  to  fill  vacancies. 

Ords.,  Art.  22,  Sec.  3,  909 

powers  of  trustees  of,  bond  of 
disbursing  ofiiccr. 

Ords.,  Art.  22,  Sec.  4, 

909-910 

Note,  case  cited 910 

property  of,  to  vest  in  trus- 
tees. 

Ords.,  Art.  22,  Sec.  2,  909 

real  estate,  sale  and  purchase 
of  for  school  farm. 

Ords.,  Art.  22,  Sec.  5,  910 

school  farm,  purchase  of  real 
estate  and  buildings  for. 

Ords.,  Art.  22,  Sec.  5,  910 

surrender  to  city  of  city  stock 
in  which  fund  is  invested, 
city  to  issue  new  stock 
therefor,  issue  to  be 
approved  by  legal  voters. 

Acts,  Sec.  816 502-503 

trustees,  list  of  original. 

Ords.,  Art.  22,  Sec.  1,  908 

MACHINERY, 

See  "‘Buildings.'' 

New  Sewerage  Commission  to 
purchase  and  procure. 

Acts,  Sec.  §824d ...  511 

McMECHEN  STREET, 

cattle  driving  through,  pro- 
hibited. 

Ords.,  Art.  25,  Sec.  25,  967 

MAGISTRATE  FOR  JUVE- 
NILE CAUSES, 

See  ‘ 'Justices  of  the  Peace. ' ’ 

minors — trial  and  commit- 
ment of. 

Acts.vSec.  886B 561-562 

probation  ofi&cers  to  make  in- 
vestigations, other  duties. 

Acts,  Sec.  886B 561-562 

MAINS  AND  SEWERS, 

construction  of  in  alleys,  etc., 
when  practicable. 

Ords.,  Art.  35,  Sec.  110, 

1134 


Page 

MALFEASANCE  BY  AUC- 
TIONEER. 

See  ‘ 'A uctioneers. ' ' 

MALICIOUS  DESTRUCTION 
OF  PROPERTY, 

See  "Destroying  Property 
Maliciously . ' ' 

Acts,  Sec.  401 297 

houses,  fences,  chattels,  etc., 
penalty. 

Ords.,  Art.  25,  Sec.  59,  977 

MANSl-AUGHTER,  MURDER 
AND  OTHER  CRIMES, 

bail,  not  bailable  by  police 
justices. 

Acts,  Sec.  §278h 249 

reward  for  person  accused,  by 
Ma}  or. 

Ords.,  Art.  1,  Sec.  12,  575 

MANUAL  LABOR  SCHOOL 

appropriation  of  ^^1 500  per  an- 
num for. 

Acts,  Sec,  816 503 

MANUFACTURE  OF  FIRE- 
WORKS, 

See  "Fire  Regulations." 
rockets,  etc.,  prohibited,  pen- 
alty. 

Ords.,  Art.  11,  Sec.  59,  756 

MANUFACTURE  OF  OILS. 

See  ‘ 'Fire  Department' ' ‘ ‘ Oils 
Manufacture  and  Storage 
of." 

MANUFACTURERS  OF 
MEAL  AND  FLOUR, 

exemption  relating  to  sales  by. 

Ords.,  Art.  23,  Sec.  24,  927 

MANUFACTURES, 

See  " Appeal  Tax  Court." 

abatements  to  encourage. 

Acts.,  Sec.  6 85 

offensive  trades,  regulation 
of. 

Acts,  Sec.  6. 


.53 


MANUFACTORIES. 


market  eimits. 


1490 

MARK  OF 


IDENTIFICA- 
TION, 


Page 


MANUFACTORIES  PROHIB-^^^^ 
ITED  OR  RESTRICTED, 

See  "Health"  sub -title 
‘ '‘Manufactories  Prohibited 
or  Restricted.''^ 

Ords.,  Art.  14,  Secs.  65 
77  816-820 

MANUFACTURING  PLANTS 
AND  TOOLS, 

See  “ Appeal  Tax  Court." 

exemption  from  taxation. 

Acts,  Sec.  6 85 

MANUFACTURING  PLANTS, 
TOOLS,  ETC., 

taxes, exemption  of. 

Ords.,  Art.  38,  Secs. 7-9 

1157-1159 

MANURE, 

cartload  to  contain  forty  cubic 
feet. 

Acts,  Sec.  571 349 

MANURE  AND  DIRT, 

penalty  for  unauthorized  re- 
moval from  streets. 

Ords.,  Art.  36,  Sec.  13.. ..1145 

MAPS, 

of  property  taken  in  street 
opening,  closing,  etc. 

Acts,  Sec.  177 194 

MAPS  AND  PLATS  OF 
CITY,  ETC., 

See  ‘ ‘ Topographical  Survey.  ’ ’ 

MAPS  OF  STREET  IMPROVE- 
MENTS, 

when  to  be  filed. 

Acts,  Sec.  828 522-523 

MARINERS  AND  CHARIT- 
ABLE MARINE  SOCIETY 
OF  BALTIMORE, 

intCvState  mariners,  estates  of. 

Acts,  Sec.  703 429 


See" Pistols  and  Firearms.''* 

pistols  and  firearms,  seller  of, 
to  stamp  on  and  record. 

Ords.,  Art.  25,  Sec.  79,  985 

MARKET  CLERKS, 

See  "Markets." 
bonds  of,  approval  and  con- 
ditions of, 

Ords.,  Art.  23,  Sec.  5, 

920-921 

— penalties  of  bonds  for 
market  masters  and 
clerks  of  the  several  mar- 
kets. 

Ords.,  Art.  23,  Sec.  6,  921 

MARKET  DAYS, 

See  '‘'‘Markets." 

days  of  the  several  markets. 

Ords.,  Art.  23,  Sec.  112,  952 

Northeast  market. 

Ords.,  Art.  23,  Sec.  104,  950 

MARKET  FEES, 

See  '‘"Markets." 

per  diem  to  be  paid  by  dealers 
to  clerk  of  markets. 

Ords  , Art.  23,  Sec.  16,  923 

MARKET  HOUSES, 

See  "'Markets.*'' 

Ords.,  Art.  23,  Sec.  28,  928 
houses  of  the  several  markets. 
Ords.,  Art.  23,  Sec.  113, 
952-953 

MARKET  LICENSES  AND 
RENTS, 

See  ‘ "Markets*  ’ sub-title  " "Li- 
censes and  Rents.  ’ ’ 

clerks  to  collect  per  diem 
from  dealers. 

Ords.,  Art.  23,  Sec.  16,  923 


MARINERS,  INTESTATE, 

estates  of,  disposition. 

Acts,  Sec,  703 


.429 


MARKET  LIMITS, 

See  " " Vehicles.  ’ ’ 


market  masters. 


markets. 


Page 


1491 


Page 

MARKET  MASTERS, 

See  '‘'‘Comptroller"  and 
‘ ^Markets.  ’ ’ 
appointment  of. 

Acts,  Sec.  34 Ill 

assistant  market  masters. 

Ords.,  Art.  23, Secs.  1-10 
917-922 

MARKET  STALLS, 

See  '‘'Markets." 

rent  of  to  be  fixed  by  clerk. 

Ords.,  Art.  23,  Sec.  13,  922 

MARKETS, 

assistant  market  masters 
and  clerks,  appointment 
of. 

Ords.,  Art.  23,  Sec.  1,  917 
—bond  of — Comptroller  to 
examine  and  approve. 

Ords.,  Art.  23,  Sec.  7,  921 
— Comptroller  to  recover 
on  bonds  any  shortage 
in  accounts  of  clerks. 

Ords.,  Art.  23,  Sec.  7,  921 
— for  the  several  markets. 
Ords.,  Art.  23,  Sec.  6,  921 
— duties  of,  to  attend  and 
have  full  charge  of  mar- 
kets. 

Ords.,  Art.  23,  Sec.  1,  918 
— police  powers  of. 

Ords.,  Art.  23,  Sec.  1,  918 
— salaries  and  special  duties. 
Ords.,  Art.  23,  Sec.  3, 
918-919 

bacon  sellers  and  venders  of 
puddings,  when  they  may 
sell  meat  in. 

Ords.,  Art.  23,  Sec.  29,  928 
— wagons  and  carts  prohibit- 
ed, penalty. 

Ords.,  Art.  23,  Sec.  58,  937 

I 

barrels  or  boxes  in. 

Ords.,  Art.  23,  Sec.  58,  937 

benches,  etc.,  space  beneath 
required,  penalty. 

Ords.,  Art.  23,  Sec.  50,  934 

butchers — vehicles  of  in  mar- 
kets prohibited,  penalty.  I 

Ords.,  Art.  23,  Sec.  60,  937  | 


MARKETS.— (Cont’d). 

—stalls  shambles,  and 
benches  to  be  kept  with- 
in. 

Ords.,  Art.  23,  Sec.  48,  933 
— division  line  between. 

Ords.,  Art.  23,  Sec.  47,  933 
— hanging  meat  etc.,  pen- 
alty. 

Ords.,  Art.  23,  Sec.  47,  933 
—nuisances  in  vicinity. 

Ords.,  Art.  23,  Sec.  48,  933 
—renting  when  unoccupied. 

Orbs.,  Art.  23,  Sec.  108,  950 
— restrictions  relating  to 
use  of. 

Ords.,  Art.  23,  Sec.  48,  933 

butter  standard  pound,  pen- 
altv. 

' Acts,  Sec.  706 ...430 

carriages,  carts,  wheelbar- 
rows, etc.,  in,  prohibited, 
penalty. 

Ords.,  Art.  23,  Sec.  32,  929 

cheese,  stalls  for,  sale  of. 

Ords.,  Art.  23  Sec.  Ill,  951 

cleaners  of  markets,  salaries 
and  duties. 

Ords. , Art.  23,  Sec.  22, 
918-919 

market  days: 

Belair  Market, 

Centre  Market, 

Cross  Street  Market, 

Fells  Point  Market, 
Hanover  Market, 

Hollins  Market, 

Lafayette  Market, 
Lexington  Market, 
Richmond  Market. 

Ords.,  Art.  23,  Sec.  112  952 

market  houses: 

Belair  Market, 

Centre  Market, 

Cross  Street  Market. 

Fells  Point  Market, 
Hanover  Market. 

Hollins  Market, 

Lafayette  Market, 
Lexington  Market, 
Richmond  Market. 

Ords.,  Art.  23,  Sec.  113 

952-3 


MARKETS. 


markets. 


1492 


Page 

MARKETS.— (Cont’d). 

Clerks  of, 

— arbitrator  of  disputes  aris- 
ing in  markets. 

Ords.,  Art.  23,  Sec.  3 919 

— bond  required  ; approval, 
penalty  and  condition  of. 

Ords.,  Art.  23,  Sec.  5 

..920,  921 

— butter  and  lard  to  be 
weighed  by  ; seizure  and 
disposal  of  same  when 
under  weight. 

Ords.,  Art.  23,  Sec.  3 919 

— notice  on  unrented  stalls  ; 
contents  of  notice. 

Ords.,  Art.  23,  Sec.  12....  922 
— resisting  or  obstructing ; 
penalty  for. 

Ords.,  Art.  23,  Sec.  10....  922 
— scales  and  measures  to  be 
tested  by  — confiscation 
and  penalty  for  false 
weights  and  measures. 

Ords.,  Art.  23,  Sec.  3 

919,  920 

— short  weights  and  fraudu- 
lent weighing  to  be  pre- 
vented by. 

Ords.,  Art.  23,  Sec.  3 

919,  920 

— sweeping  and  cleaning  of 
markets  by — when  work 
shall  be  done. 

Ords.,  Art.  23,  Sec.  4 920 

— unwholesome  provisions ; 
sale  to  be  prevented  by. 

Ords.,  Art.  23,  Sec.  3 919 

Condemnation  of  Land  for, 


Acts,  Sec.  6 62 

— clerk  of  Superior  Court, 
duties  in. 

Acts,  Sec.  715 432-33 

— costs  in  court. 

Acts,  Sec.  715 432-3 

“ “ 719 433-4 

— costs  of  condemnation. 

Acts,  Sec.  6 62 

— damages  assessed. 

Acts,  Sec.  714 432 

— duty  of  jury. 

Acts,  Sec.  714 432 

— infant,  feme  covert  or  luna- 
tic owners. 

Acts,  Sec.  710 431 

— inquisition  in  writing. 

Acts,  Sec.  715 432 


MARKETS.— (Cont’d). 
Condemnation  of  Land.-(Cont’ d). 

— inquisition  voided  by 
court. 

Acts,  Sec.  716 433 

— jurors,  failure  to  appear. 

Acts,  Sec.  718 433 

— jurors,  oath  of. 

Acts,  Sec.  713 432 

— jurors,  per  diem  of. 

Acts,  Sec,  719 433-4 

— jurors,  striking  off. 

Acts,  Sec.  712 432 

— jury,  assessing  damages. 

Acts,  Sec.  714 432 

— land  taken,  valuation  of. 

Acts,  Sec.  717 433 

— non-resident  owners,  no- 
tice to. 

Acts,  Sec.  711 431-2 

— notice  to  owners. 

Acts,  Secs.  709-10-11....431-2 
— oath  to  jurors. 

Acts,  Sec.  713 432 

— publication  of  notice  to 
owners. 

Acts,  Sec.  711 431-2 

— record  of  inquisition  in 
Superior  Court. 

Acts,  Sec.  715 433 

— Sheriff  ’ s fees  and  per  diem. 

Acts,  Sec.  719 433 

— Sheriff  to  summon  20  free- 
holders. 

Acts,  Sec.  709 431 

— striking  off  jurors. 

Acts,  Sec.  712 432 

— title,  when  to  vest  in  city. 

Acts,  Sec.  717 433 

— valuation  of  property. 

Acts,  Sec.  717 433 

— warrant  to  Sheriff. 

Acts,  Sec.  709 431 

cooking  in  prohibited. 

Ords.,  Art.  23,  Sec.  51.... 

934-935 

country  produce,  exempt 
from  fees. 

Acts.  Sec.  707 430 

cows  in  prohibited,  penalty. 

Ords.,  Art.  23,  Sec.  33....  929 

crabs  and  fish . {See  ‘ '‘Fish  and 
Crabs'''  below.') 

disorderly  and  idle  persons  in, 
prohibited ; clerks  to  en- 
force penalties  against. 

Ords.,  Art.  23,  Sec.  9 922 


markets. 


MARKETS. 


1493 


Page 

MARKETS.-(Cont’d). 

employes  of  markets — salaries 
of  employes  of  the  various 
markets. 

Ords.,  Art.  23,  Sec.  2 

918,  919 

extension  of. 

Acts,  Sec.  6 62 

farmers  and  manufacturers 
exempted  as  to  sales  of 
meal  and  flour  from  vehicles 
in  markets. 

Ords.,  Art.  23,  Sec.  24....  927 

farmers  selling  produce  in. 

Acts,  Sec.  707-08  430-31 

fees,  illegal  collection  of, 
penalty. 

Acts,  Sec.  708 430-31 

fines  and  penalties — collec- 
tion and  accounting  of. 

Ords.,  Art.  23,  Sec,  115..  954 
— for  reselling  in,  recovery 
of. 

Acts,  Sec.  705 429-30 

fish — and  crabs;  sales  from 
boats  at  wholesale  at  certain 
wharves  permitted. 

Ords.,  Art.  23,  Sec.  23....  927 

— sale  of  at  wholesale  except 
in  Centre  market,  forbid- 
den ; sales  on  streets  near 
certain  markets  restricted; 

penalty. 

Ords.,  Art.  23,  Sec.  23.... 

926,  927 

— markets — clerks  to  clean; 
removal  of  filth,  etc. 

Ords.,  Art.  23,  Sec.  4 920 

— stalls  for  in  Lexington, 
Hanover  and  Fells  Point 
markets. 

Ords.,  Art.  23,  Sec.  111..  951 

footways  in  between  wagons 
to  be  kept  open. 

Ords.,  Art.  23,  Sec.  61..„ 

937-938 

— obstruction  of  prohibited. 

Ords.,  Art.  23,  Secs.  62- 

75-78-86-90-93-97-106-109 

-110....pp.,  938,  942,  945, 

946,  948,  950  and  951. 

fruit  and  vegetables ; when 
stalls  may  be  used. 

Ords.,  Art.  23,  Sec,  52. ...  935 


Page 

MARKETS.— (Cont’d). 
game  and  fish  laws  to  be  post- 
ed in,  penalty  for  defacing. 
Ords.,  Art.  23,  Sec.  42....  931 


general  powers. 

Acts,  Sec.  6 61 

growers  of  produce  exempt 
from  fees. 

Acts,  Sec.  707 430 


halls  over,  not  to  be  rented 
for  balls  and  soirees. 

Ords.,  Art.  23,  Sec.  11....  922 

horses,  carriages  and  wagons 
during  market  hours — pro- 
viso ; penalty. 

Ords.,  Art.  23,  Secs.  32, 

57 929,  936 

— position  of. 

Ords.,  Art.  23,  Sec.  59....  937 

impediments  forbidden  in 
Lexington,  Hanover,  Fells 
Point  and  Bel  Air  markets. 
Ords.,  Art.  23,  Secs.  109- 
110 951 

Inspector  of  Buildings,  an- 
nual inspection  and  report 


by 

Ords.,  Art.  3,  Sec.  9 603 

land  for,  purchase  of. 

Acts,  Sec.  709 431 

levy  and  collection  of  costs, 
damages  and  expenses  in 
condemnation  proceedings. 
Acts,  Sec.  6 62 


license  and  market  detective. 

Ords.,  Art.  6,  Sec.  18 704 

Licenses  and  Rents, 

— Belair  market. 

Ords.,  Art.  23,  Sec.  63..  939 
— Broadway  market  space, 
stalls  in. 

Ords.,  Art.  23,  Sec.  69.  ..  940 
— certificate  of  licenses  to  be 
issued  by  clerk  ; contents 
of ; terms  of. 

Ords.,  Art.  23,  Sec.  17.  .. 

923-924 

— certificates  to  be  transfer- 
able ; evidence  of  title. 

Ords.,  Art.  23,  Sec.  17....  924 
— charge  for  licenses. 

Ords.,  Art.  23,  Sec.  17.  ..  924 


markets. 


1494  markets. 


MARKETS.— (Conf  d) . 

Licenses  and  Rents, — (Cont’d). 
— clerk  to  collect  per  diem 
from  dealers. 

Ords.,  Art.  23,  Sec.  16....  923 
— delinquent  licensee  to  be 
dispossessed. 

Ords.,  Art.  23,  Sec.  19....  925 
— failure  to  take  out  licenses; 
penalty. 

Ords.,  Art.  23,  Sec.  18....  924 
— meal  and  flour — license  re- 
quired for  sales  from  ve- 
hicles ; license  fee ; re- 
strictions; penalty. 

Ords..  Art.  23,  Sec.  24....  927 
— Northeast  market  corner 

Ords.,  Art.  23,  Sec.  105..  950 
— record  of  by  Comptrollor. 

Ords.,  Art.  23,  Sec,  17....  924 
— rent  of  stalls,  clerk  to  fix. 

Ords.,  Art.  23,  Sec.  13....  922 
— sale  of  stall  on  default  in 
renewal  of  license  or  pay- 
ment of  rent. 

Ords.,  Art.  23,  Sec.  20....  925 

licensee  must  consent  to  use 
of  vacant  stalls. 

Ords.,  Art,  23,  Sec.  22....  926 

manufacturers  exempt  from 
fees. 

Acts,  vSec.  707  430 

market-days ; Beiair,  Centre, 
Cross  Street,  Fells  Point, 
Hanover,  Hollins,  Lafayette, 
Lexington  and  Richmond 
markets. 

Ords.,  Art.  23,  Sec.  112..  952 

market  houses ; Bel  Air,  Cen- 
tre, Cross  Street,  Fells 
Point,  Hanover,  Hollins, 
Lafayette,  Lexington  and 
Richmond  markets. 

Ords.,  Art.  23,  Sec.  113.. 

952-953 

— climbing  or  walking  on 
roofs  of,  prohibited. 

Ords.,  Art.  23.  Sec.  28....  928 
— penalty  for  defacing  or 
throwing  or  placing  any- 
thing on  roofs  thereof. 

Ords.,  Art.  23,  Sec  28....  928 

meal  and  flour. — license  for 
sale  of  required;  license  fee; 
provisos  restricting  sales; 
penalty. 

Ords.,  Art.  23,  Sec.  24....  927 


MARKETS.— (Cont’d). 
meats  and  provisions — no 
sales  except  from  regularly 
licensed  butchers’  stalls 
inside  of  markets;  proviso 
relating  to  farmers,  bacon 
sellers  and  venders  of  pud- 
dings. 

Ords.,  Art.  23,  Sec.  29....  928 
— in  extended  sheds;  penalty. 

Ords.,  Art.  23,  Sec.  48..933-4 

movable  stalls  and  fixed 
benches;  Mayor  may  direct 
same  to  be  erected. 

Ords.,  Art.  23,  Sec.  14....  923 
— penalty  for  injury  to. 

Ords.,  Art.  23,  Sec.  14....  923 

per  diem  of  ten  cents  to  be 
collected  by  clerk  from 
dealers  in. 

Ords.,  Art.  23,  Sec.  16....  923 

nuisances  in,  butchers  to 
remove  offal. 

Ords.,  Art.  23,  Sec.  48....  933 

obstruction  of,  by  butchers, 
prohibited. 

Ords.,  Art.  23,  Sec.  48....  933 

offal,  removal  by  street  clean- 
ers Sunday  morning. 

Ords.,  Art.  36,  Sec.  18....1147 

painting  woodwork,  pro- 
hibited; proviso. 

Ords.,  Art.  23,  Sec.  53....  935 

penalty  for  offenses  against 
market  regulations. 

Ords.,  Art.  23,  Sec.  115..  954 
— unauthorized  painting. 

Ords.,  Art.  23,  Sec.  54.  ..  935 

plats  of.  —for  use  of  clerks; 
data  to  be  shown  on  plats. 

Ords.,  Art.  23,  Sec.  25....  927 

police  to  attend  and  preserve 
order  therein. 

Ords.,  Art.  23,  Sec.  26..927-8 

provisions  and  vegetables; 
arrangement  of  under  sheds. 

Ords.,  Art.  23.  Sec.  48..933-4 

regulations  for,  penalty  for 
violation. 

Ords.,  Art.  23,  Sec.  115..  954 

rentals  for  space  stalls. 

Ords.,  Art.  23,  Sec.  69....  940 


MARKETS. 


MARKETS. 


Page 


1495 


Page 

MARKETS.— (Cont’d). 
rent  of  stalls;  clerks  to  collect 
per  diem  rents;  to  account 
to  Comptroller. 

Ords.,  Art.  23,  Sec  15...  923 
— distress  for. 

Acts,  Sec,  6 62 

repairs  to — clerks  to  make 
same  on  approval  of  Mayor. 

Ords.,  Art.  23,  Sec.  8 921 

reselling  goods  in,  unlawful, 


proviso. 

Acts,  Sec.  704 429 

— procedure  in  recovery  of 
fines  for. 

Acts,  Sec.  705 429  30 

sale  and  lease  of  stalls. 

Acts,  Sec.  6 • 62 


Sales  in, 

— of  calves  under  four 

weeks  old,  prohibited, 
penalty. 

Ords.,  Art.  23,  Sec.  40.  ..  931 
— cows  and  calves,  charges 
on,  where  to  sell,  proviso. 
Ords.,  Art.  23,  Sec.  39..„  931 
— fish  and  cheese. 

Ords.,  Art.  23,  Sec.  111..  951 
— crabs;  restrictions;  penal- 
ty- 

Ords.,  Art.  23,  Sec.  23. .926-7 
— fresh  meat  at  retail  only  at 
butchers’  stalls,  penalty. 
Ords.,  Art.  23,  Sec.  35  ...  930 
— goods  on  footways,  pro- 
hibited, permit,  penalty. 
Ords.,  Art.  23,  Sec.  2)1 ....  930 
— goods  and  merchandise, 
furniture, etc.,  prohibited, 
penalty. 

Ords.,  Art.  23,  Sec.  41....  931 
— merchandise,  clothing,  etc., 
prohibited,  penalty,  pro- 
viso as  to  household 
manufacture, 

Ords.,  Art.  23,  Sec.  34..929-30 
— provisions  sold  by  weight, 
penalty  for  false  weights. 
Ords.,  Art.  23,  Sec.  31...  929 
— unsound  meat,  penalty. 

Ords.,  Art.  23,  Sec.  30....  929 
— wines  and  liquors,  forbid- 
den, penalty. 

Ords.,  Art.  23,  Sec,  36....  930 

sales  of  market  stalls. 

Ords.,  Art.  23,  Sec.  114..  953 


MARKETS.— (Cont’d) . 
short  weight  butter,  penalty. 

Acts,  Sec.  706  430 

slaughtering  beasts,  deposit- 
ing filth  or  offal  in,  pro- 
hibited. 

Ords.,  Art.  23,  Sec.  32.. . 929 

speed  of  cars  through  regu- 
lated. 

Ords.,  Art.  30,  Sec.  30.. 1026 

Stalls,  Stands  and  Benches, 

— boarding — in;  prohibited; 
penalty;  proviso, 

Ords.,  Art.  23,  Sec  49....  934 
— butchers’  stalls,  construc- 
tion of,  to  be  raised  above 
pavement,  penalty. 

Ords.,  Art.  23,  Sec.  46..932-3 
— Comptroller  to  re-number; 
distinct  number  for  each 
stall. 

Ords.,  Art.  23,  Sec.  43....  932 
— numbers  of  street  stalls  to 
be  cut  in  curbing. 

Ords.,  Art.  23,  Sec.  44....  932 
— stalls,  stands  and  benches; 
sales  of  stalls  in  certain 
markets. 

Ords.,  Art.  23,  Sec.  114..  953 
! — vacant  stalls  or  benches 

may  be  occupied  on  pay- 
ment of  a per  diem; 
proviso. 

Ords.,  Art.  23.  Sec.  22....  926 
— wooden  structures,  perma- 
nent erection  prohibited, 
penalty,  provisos. 

Ords.,  Art.  23,  Sec.  45....  932 

swinging  signs  forbidden; 
penalty. 

Ords.,  Art.  23,  Sec.  55....  935 

I vacant  stalls — clerks  not  to 
rent  same  to  per.sons  viola- 
ting market  regulations. 

Ords.,  Art.  23,  Sec.  21. .925-6 
— not  to  be  rented  to  persons 
who  will  not  occupy  them 
during  term  of  renting. 

Ords.,  Art.  23,  Sec.  21....  926 
— notice  of  .sale  of,  to  be 
given  by  clerk. 

Ords.,  Art.  23,  Sec.  20....  925 
— to  be  disposed  of  at  public 
sale. 

Ords.,  Art.  23,  Sec.  20.  ..  925 


markets. 


markets. 


1496 


Page 

MARKETS.— (Cont’d). 
vehicles  or  articles  on  streets 
in,  during  market  hours. 

Ords.,  Art.  23,  Sec.  5S..936-7 

Belair  Market, 

— bill  posting,  etc.,  prohibit- 
ed; penalty. 

Ords.,  Art.  23,  Sec.  67..939-40 
— butchers’  stalls,  rent  of. 

Ords.,  Art.  23,  Sec.  63....  939 
— defacing  or  mutilating 
property  of;  penalty. 

Ords.,  Art.  23,  Sec.  62....  938 
— fish  market  houses;  rents 
of  stalls. 

Ords.,  Art.  23,  Sec.  63....  939 
— footways,  etc.,  in. 

Ords.,  Art.  23,  Sec.  62....  938 
— interference  or  obstruction 
with  collector  or  cleaner. 
Ords.,  Art,  23,  Sec.  66....  939 
— limits  of  defined;  provision 
relating  to  footways. 

Ords.,  Art.  23,  Sec.  62....  938 
— permanent  lines  for  produce 
venders. 

Ords.,  Art.  23,  Sec.  64....  939 
— wagons  in  market  space; 
position  for  sales  from. 

Ords.,  Art.  23,  Sec.  68....  940 

Broadway  Market, 

— hammering  nails  in  pro- 
hibited. 

Ords.,  Art.  23,  Sec.  65..  939 

Canton  Market, 

— butchers’  permanent  and 
eave  stalls, 
rents  of. 

Ords.,  Art.  23,  Sec.  71 

940-941 

— .sale  of. 

Ords.,  Art.  23,  Sec.  70..  940 
— lines  of  defined. 

Ords.,  Art.  23,  Sec.  72....  941 

Centre  Market, 

— lines  of  defined. 

Ords.,  Art.  23,  Sec.  74..  941 
— to  be  part  of  market  house 
system. 

Ords.,  Art.  23,  Sec.  73..  941 

Cross  Street  Market, 

— butchers’  stalls,  rent  of. 

Ords.,  Art.  23,  Sec.  77..  942 


Page 

MARKETS.— (Cont’d). 

—hall  of. 

Ords.,  Art.  23,  Sec.  76..  942 
— limits  of  defined;  proviso 
relating  to  footways. 

Ords.,  Art.  23,  Sec.  75..  942 

Fells  Point  Market, 

— country  produce;  license 
for. 

Ords.,  Art.  23,  Sec.  84....  944 
— country  produce,  limits  of 
wholesale  market  for; 
proviso. 

Ords.,  Art.  23,  Sec.  83. 

943-944 

— fish,  sales  of. 

Ords.,  Art.  23,  Sec.  82..  943 
— limits  of,  defined. 

Ords..  Art.  23,  Sec.  78..  942 
— sales  from  stalls  in. 

Ords.,  Art.  23,  Sec.  79..  943 
— of  produce;  penalty. 

Ords.,  Art.  23,  Sec.  85..  944 
—stalls  and  benches  in,  rents 
of. 

Ords.,  Art.  23,  Sec.  81..  943 
— or  stands  in;  regulations 
for. 

Ords.,  Art.  23,  Sec.  80..  943 
— vehicles  in. 

Ords.,  Art.  23,  Sec.  84..  944 
— water  in  reservoir  not  to  be 
drawn  for  shipping  pur- 
poses; penalty. 

Ords.,  Art.  23,  Sec.  27..  928 

Hanover  Market, 

— hucksters  of  butter,  eggs  or 
poultry. 

Ords..  Art.  23,  Sec.  88..  945 
— limits  of  defined;  proviso. 
Ords.,  Art.  23,  Sec.  86.. 

944-945 

— stalls  and  benches,  rent  of. 

Ords.,  Art.  23,  Sec.  87..  945 
— vehicles,  limits  of. 

Ords.,  Art.  23,  Sec.  89..  945 

Hollins  Market, 

— butchers’stalls,  rent  of. 

Ords.,  Art.  23,  Sec.  92..  946 
— limits  of  defined;  proviso 
relating  to  footways, 

Ords.,  Art.  23,  Sec.  90 

945-946 

— vehicles  within  market 

limits. 

Ords.,  Art.  23,  Sec.  91..  946 


markets. 


1497  MARYLAND  INSTITUTE. 


Page 

MARKETS.— (Cont’d). 

Lafayette  Market, 

— clerk  of  market,  powers 
and  duties. 

Ords.,  Art.  23,  Sec.  94..  947 
— limits  of  defined;  proviso 
relating  to  footways  and 

Ords.,  Art.  23,  Sec.  93..  946 
— ordinance  regulations  re- 
lating to. 

Ords.,  Art.. 23,  Sec.  95..  947 
— temporar\  side  shelter. 

Ords.,' Art.  23,  Sec.  96..  947 


Lexington  Market, 

— fish  market;  rent  of  stalls 
in. 

Ords.,  Art.  23,  Sec.  98..  948 
— florists:  stalls  of. 

Ords.,  Art.  23,  Sec.  97..  948 
— limits  of  defined;  proviso 
relating  to  footways. 

Ords.,  Art.  23,  Sec.  97 

947-948 

— meats  and  cooked  provi- 
sions; sale  of,  restricted 
in. 

Ords.,  Art.  23,  Sec.  22..  926 
— Pearl  and  Pine  streets  ob- 
structions of,  by  wagons; 
penalty. 

Ords.,  Art.  23,  Sec.  97..  948 
— space,  stalls  in  market 
house;  rent  of. 

Ords.,  Art.  23,  Sec.  99..  948 
— stalls,  benches,  etc.,  rents 
of. 

Ords.,  Art.  23,  Sec.  98..  948 

Northeast  Market, 

— licenses  for  corner  stalls. 

Ords.,  Art.  23,  Sec.  105  950 
— limits  of  defined. 

Ords.,  Art.  23,  Sec.  104 

949-950 

— market  days. 

Ords.,  Art.  23,  Sec.  104  950 
— sale  of  stalls. 

Ords.,  Art.  23,  Sec.  100  949 
— stalls  in,  rent  of. 

Ords.,  Art.  23,  Sec.  101  949 
— in  south  shed;  rent  of. 

Ords.,  Art.  23,  Sec.  102  949 
— under  sheds;  rent  of. 

Ords, , Art.  23,  Sec.  103  949 


Page 

MARKETS.— ( Cont  ’ d) . 

Richmond  Market, 

— butchers’  stalls,  rent  of. 

Ords.,  Art.  23,  Sec.  107  950 
— limits  defined;  proviso  as 
to  footways. 

Ords.,  Art.  23,  Sec.  106  950 

MARKET  STALLS, 

lease  of;  note. 

Acts,  Sec  6 62 

MARKING  CASKS, 

See  ‘ ''Inspections,  Weights 
and  Measures.  ’ ’ 

MARSHAL  OF  POLICE, 

See  '"Police  Commissioners." 

inspection  of  records  of  ven- 
ders of  firearms;  report  by 
venders. 

Ords.,  Art.  25,  Sec.  80..  985 

MARYLAND  HISTORICAL 
SOCIETY, 

Art  Commission — to  appoint 
member  of. 

Acts,  Sec.  201 207 

MARYLAND  HOSPITAL, 

curable  lunatics  from  Bay 
View  Asylum,  transfer  to. 

Ords.,  Art.  16,  Sec.  6....  870 

MARYLAND  INSTITUTE, 

See  "Schools." 

Ords.,  Art.  32,  Secs. 


28-31  1053-4 

Art  Commission— to  appoint 
member  of. 

Acts,  Sec.  201 207 


MARYLAND  INSTITUTE 
FOR  EDUCATION  OF  DEAF 
AND  DUMB, 

certificate  of  instruction  by 


President  of. 

Acts,  Sec.  396 297 

fees  for  tuition  of  deaf  and 
dumb. 

Acts,  Sec.  396 296 

instruction  of  deaf  and  dumb. 

Acts,  Sec.  396 295 

appropriation  for. 

Acts.  Sec.  397 296 


MAYOR. 


MATCHES,  OPEN  EAMPS.  1498 


Page 

MATCHES,  OPEN  LAMPS, 
PIPES,  ETC. 

wharves  and  warehouses,  pro- 
hibited on. 

Ords.,  Art.  11,  Sec.  64..  757 

MATERIALS  FOR  CITY, 

See  '‘'City  Register''’  and 
"‘Comptroller.'’'' 

memorandum  orders  required 
for. 

Ords.,  Art.  6,  Sec.  33....  710 
note 708-709 

MATRONS  AT  STATION 
HOUSES, 

See  '‘'Police  Commissioners''’ 
and  ' 'Special  Police  Fund. ' ' 

MAYOR, 

See  ' 'Corporate  Powers. ' ' 


absence  or  sickness  of. 

Acts,  Sec.  19 101 

— from  duty — of  office  force 
without  Mayor’s  permis- 
sion forbidden. 

Ords.,  Art.  1,  Sec.  11 575 

aliens,  to  compound  or  remit 
fines  imposed. 

Acts,  Sec.  527 335 

— report  of  by  masters  of 
vessels  arriving. 

Acts,  Sec.  519 333 

annual  report  of,  to  City 
Council. 

Acts,  Sec.  22 102 

Annex  Improvement  Commis- 
sion, member  of. 


Appeal  Tax  Court,  appoint- 
ment of  members  of. 

Acts,  Sec.  146 170 

appointees  under  Comptrol- 
ler, approval  of. 

Acts,  Sec.  34 Ill 

appointment  of — ^assistants. 

Acts,  Sec.  20 101 

— minority  members  of 
boards  and  commissions. 

Acts,  Sec.  30 107 


Page 

MAYOR.— (Cont’d). 
appropriation  for  hospitals  for 
infectious  diseases.  {^See 
' 'Hospitals' ' sub-title  ' 'In- 
fectious Diseases.,  Hospitals 
for.") 


Art  Commission — a p p o i n t 
ment. 

Acts,  Sec.  201 207 

— to  give  advice  as  to  designs 
of  public  structures  on 
request  of. 

Acts,  Sec.  203 207 

assignment  of  leasehold  prop- 
erty to  be  executed  by ; 
proviso. 

Ords.,  Art.  1,  Sec.  2 572 

auditing  of  accounts  of  officers 
of  city. 

Acts,  Sec.  21 101 


blasting  in  city,  permit  for. 

Ords.,  Art.  11,  Sec.  72....  760 

Board  of  Estimates,  member 
of. 


Acts,  Sec.  36 113 

Board  of  Review  and  assess- 
ment— Mayor  to  be  member 
of. 

Acts,  Sec.  145 170 

Bonds, 

— in  appeals,  etc.,  to  be  exe- 
cuted by  Mayor. 

Ords.,  Art.  1,  Sec.  1 571 


— of  Assistant  Superintend- 
ent of  Lamps  and  Light- 
ing. 

Ords.,  Art.  20,  Sec.  24....  901 
— of  market  clerks  to  be  ap- 
proved by. 


Ords.,  Art.  23,  Sec.  5 920 

— to  be  approved  by. 

Acts,  Sec.  20A 101 

Buildings,  Inspector  of,  ap- 
pointment of. 

Acts,  Sec.  79 141 

Burnt  District  Commission, 
appointment  of. 

App.  A,  Sec.  1 1234 


charcoal,  to  designate,  stands 
for  measurement  of. 

Ords.,  Art.  17,  Sec.  25....  884 


MAYOR. 


MAYOR. 


Page 


1499 


Page 


MAYOR.— (Cont’d). 
checks  to  be  countersigned 
by. 

Acts,  Sec.  20A 101 

chief  executive,  to  be. 

Acts,  Sec.  31 108 

powers  as. 

Acts,  Sec.  21 101 

City  Collector — ^appointment 
of. 

Acts,  Sec.  42 122 

City  Council,  extra  session  of. 

Acts,  Sec.  216 214 


city  property,  transfer  of  by 
official  vacating  office,  death 
in  office. 

Ords.,  Art.  21,  Sec.  3 

905-06 


City  Register — audit  of  ac- 
counts of  by. 

Ords.,  Art.  6,  Sec.  23 706 

city  stock  and  obligations,  to 
sign, 

Acts,  Sec.  41 121 

claims  against  United  States  ; 
prosecution  by. 

Ords.,  Art.  1,  Sec.  5 573 


clerk  to — appointment ; du- 
ties ; salary. 

Ords.,  Art.  1,  Sec.  7 

- 573,  574 

— term  of  employment. 

Ords.,  Art.  1,  Sec.  10....574-5 

Commissioners  fdr  Opening 


Streets,  appointment  by. 

Acts,  Sec.  172 189 

— appointment  of  temporary 
commissioners. 

Acts,  Sec.  187 200 

Commissioners  of  Finance, 
member  of  Board  of. 

Acts,  Sec.  41 121 

Comptroller’s  subordinates. 
Mayor  to  approve. 

Acts,  Sec.  34 Ill 


conservator  of  the  peace, 
power  as. 

Acts,  Sec.  21 


MAYOR.— (Cont’d). 
contracts,  approval  of. 

Acts,  Sec.  20A 101 

— with  Children’ s Playground 
Association;  provisions  of. 
Ords.,  Art.  14,  Sec.  128.. 

835,  836 


death  or  resignation  of. 

Acts,  Sec.  18 100 

Department  of  Legislative 
Reference,  on  Board  of. 

Acts,  Sec.  208A 210 

Deputy  Comptroller,  to  ap- 
prove appointment  of. 

Acts,  Sec.  34 Ill 


diplomas  to  graduates  of  City 
College;  signature  of. 

Ords.,  Art.  32,  Sec.  11....1047 


duties  and  powers. 

Acts,  Sec.  22 102 

election  of. 

Acts,  Sec.  16 100 

Electrical  Commission ; mem- 
ber ex-officio. 

Ords.,  Art.  9,  Sec.  1 718 


fines — remission  of  by. 

Ords.,  Art.  10,  Secs.  6,  7 

730-731 

— remitted  by,  list  of  to 
City  Register,  proviso  as 
to  costs. 

Ords.,  Art.  10,  Sec.  6 730 

Fire  Inspector,  appointment 
of. 

Ords.,  Art.  11,  Sec.  40....  750 
gunpowder,  search  warrant 


when  concealed. 

Ords.,  Art.  11.  Sec.  83....  765 

Harbor  Board,  appointment. 

Acts,  Sec.  88 147 

heads  of  department  to  confer 
with. 

Acts,  Sec.  24 104 

hospitals  for  the  sick,  notice 
to  owners  to  discontinue, 
penalty. 

Ords.,  Art.  16,  Sec.  5 870 


101 


MAYOR. 


MAYOR. 


1500 


Page 

MAYOR. — (Cont’d) . 
jail  sentence  for  violation  of 
ordinances,  Mayor  may  re- 
mit fine. 

Ords.,  Art.  10,  Sec.  7....  731 

keepers  of  weights,  etc.,  in- 
spect records  of. 

Ords.,  Art.  17,  Sec.  20....  822 

leases  of  city  property,  ap- 
proval of. 

Ords.,  Art.  34,  Sec.  12. ...1080 
— renewal  leases  to  be  ex- 
ecuted by,  proviso. 

Ords.,  Art.  1,  Sec.  3 572 


Librarian,  City,  appointment. 

• Acts.  Sec.  196 203 

messenger  to,  appointment 
of,  duties,  salary. 

Ords.,  Art.  1,  Sec.  8 574 


term  of  employment. 

Ords.,  Art.  1,  Sec.  10....  574 
575 

McDonogh  Institute,  inspec- 
tion of. 

Ords.,  Art.  22,  Sec.  8....  911 

Maryland  Institute,  appoint- 
ment of,  pupils  to. 

Ords.,  Art.  32,  Sec.  30.. ..1053 

— contract  with,  for  instruc- 
tion of  city  pupils. 

Ords.,  Art,  32,  Sec.  28..1053 

New  Sewerage  Commission, 
appointment  of. 

Acts,  Sec.  §824a 507 

notice  to,  of  offences  under 
health,  etc.,  ordinances. 

Ords.,  Art.  36,  Sec.  17..1147 


oath  of  office  to  be  administer- 
ed by. 

Acts,  Sec.  25 106 

obstructions  in  streets,  suit 
for  expenses  of  removal. 

Acts,  Sec.  189 201 

Ordinance  of  Estimates,  to 
call  special  meeting  of  City 
Council. 

Acts,  Sec.  36 115 

Park  Commissioners,  Board 
of  appointment. 

Acts,  Sec.  90 148 


Page 

MAYOR.— (Cont’d). 

Paving  Commission,  appoint- 
ment, ex-officio  member. 

Acts,  Sec.  §841k 535 

permits — explosives,  storing 
of. 

Ords.,  Art.  11,  Sec.  71....  760 
— for  fireworks- 

Ords.,  Art.  11,  Sec,  57....  756 
— improved  pavements,  to 
tear  up. 

Acts,  Sec.  86C 146 

— revocable  by,  notice  requir- 
ed, penalty  for  failure  to 
comply  therewith. 

Ords.,  Art.  1,  Sec.  13....  575 
576 

— salt,  use  of  in  melting  snow. 

Ords.,  Art.  25,  Sec.  77..  984 
— sheds — for  storage  and  man- 
ufacturing purposes. 

Ords.,  Art.  3,  Sec.  88....  630 
— removal  of,  on  notice  from . 


Ords.,  Art.  3,  Sec.  90 631 

— spark  catchers,  to  approve 
notice  to  install. 

Ords.,  Art.  3,  Sec.  86 629 


— steam,  gas,  etc.,  engines 
and  machinery. 

Ords.,  Art.  3,  Sec.  141....  653 
— revocation  of  permit  for, 
approval. 

Ords.,  Art.  3,  Sec.  142  654 


persons  to  aid  him,  appoint- 
ment of. 

Acts,  Sec.  20 101 

power  of  appointment  to 
office. 

Acts,  Sec.  25 104 

Pratt  Free  Librarj^  visitor  to. 

Acts,  Sec.  789 487 

President  First  Branch  City 
Council,  when  to  act  as. 

Acts,  Sec.  217 215 

— Second  Branch  City  Coun- 
cil, misdemeanor  in 
office,  duty  of  Mayor. 

Acts,  Sec.  214 214 

primary  election  for. 

App.  C,  Sec.  2 1275-1276 

property  donated  for  street 
beds,  duty  in  relation  to. 

Acts,  Sec.  193 202 


MAYOR. 


mayor’s  message. 


1501 


Page 

MAYOR.— (Cont’d). 
qualifications  of. 

Acts,  Sec.  16 100 

recover}'  of  monies  due  city, 
from  Justices  of  the  Peace. 
Ords.,  Art.  10,  Sec.  1....  729 

removal  from  office,  power  of 


Mayor. 

Acts,  Sec.  25 104 

reports  of  heads  of  depart- 
ments to. 

Acts,  Sec.  24 104 


reward — for  discovery  and 
arrest  of  certain  persons 
charged  with  crimes. 

Ords.,  Art.  1,  Sec.  12....  575 
— for  incendiaries,  payment 
of. 

Ords.,  Art.  11,  Sec.  42,..  751 
salary  of. 


Acts,  Sec.  20 101 

secretary  to  — appointment , 
duties,  office  hours,  salary. 
Ords.,  Art.  1,  Sec,  6 573 

stenographer  to,  appointment 
of,  duties,  salary. 

Ords.,  Art.  1,  Sec.  9 574 


term  of  emyloyment.’ 

Ords.,  Art.  1,  Sec.  10....  574 
575 

Superintendent  of  Eamps  and 


I/ighting,  appointment. 

Acts,  Sec.  204 208 

Supervisors  of  City  Charities, 
Board  of,  appointment. 

Acts,  Sec.  104 156 

Surveyor,  vacancy  in  office  of. 

Acts,  Sec.  205 209 

term  of  office. 

Acts,  Sec.  20 101 

test  book,  to  be  kept  by. 

Acts,  Sec.  25 106 

to  supervise  city’s  affairs. 

Acts,  Sec.  22 102 

Topographical  Survey  Com- 
mission, member  of. 

Acts,  Sec.  840 529 


Page 

MAYOR.— (Cont’d). 

unsafe,  etc.,  buildings,  to 
authorize  emergency  action 
on. 

Ords.,  Art.  3,  Sec.  153....  658 

vehicle  license,  revocation 
for  violating  speed  regula- 
tions. 

Ords.,  Art.  41,  Sec.  74..1223 

Visitors  of  the  Jail,  appoint- 
ment, President,  Secretary. 

Acts,  Sec.  118 162 

Water  Board,  appointment  of 
by  Mayor. 

Acts,  Sec.  87 146 

when  to  enter  office. 

Acts,  Sec.  16-20 100-101 

vacancies,  procedure  in  filling. 

Acts,  Sec.  25 106 

— when  to  be  filled  by 
Mayor. 

Acts,  Sec.  25 106 

MAYOR  AND  CITY  COUN 
CIL  OF  BALTIMORE, 

See  ‘ ‘ Corporate  P owers\" 

‘ 'Po  lice  Commissioners'  ’ 
and  ''Powers." 

general  powers. 

Acts,  Sec.  6 45-94 

turnpikes  in  Annex,  may  con- 
demn or  purchase  same. 

MAYOR’S  CLERK, 

See  "Mayor." 

MAYOR’S  CLERK,  ETC., 

absence  from  duty.  Mayor  to 


approve. 

Ords., Art.  1,  Sec.  11 575 

general  duties  and  salary. 

Ords., Art.  1,  Sec.  7 574 


term  of  employment. 

Ords., Art.  1,  Sec.  10574,  575 

MAYOR’S  MESSAGE  AND 
DEPARTMENT  REPORTS, 

See  "Public  Printer." 

printing  and  binding,  prices. 
Ords., Art. 29,  Secs.  11-15 

1011-12 


MEMORIAI,  DAY. 


mayor’s  message.  1502 


Page 

MAYOR’S  MESSENGER, 


See  ^'Mayor.'*' 

duties  and  salary. 

Art.  1,  Sec.  8 574 

term  of  empolyment. 

Art.  1,  Sec.  10 574,  575 

MAYOR’S  OFFICE, 

vacancy  in. 

Acts,  Sec.  18 100 


MAYOR’S  SECRETARY, 

See  Mayor." 

office  hours  and  salary. 

Art.  1,  Sec.  6 573 

MAYOR’S  STENOGRAPHER, 

duties  and  salary. 

Art.  1,  Sec.  9 574 

term  of  employment. 

Art.  1,  Sec.  10 574,  575 

MEASUREMENT  OF  CHAR- 
COAL, 

See  ‘ ''Inspections.,  Weights 
and  Measures  ’ ’ and  ‘ ‘ Char- 
coal. ’ ’ 

MEAL  AND  FLOUR, 

See  "‘Markets." 

Ords.,  Art.  23,  Sec.  24....  927 

MEASUREMENT  OF 
WATER, 

See  "Collector  of  Water  Rents 
and  Licenses.  ’ ’ 

meters  for,  to  be  furnished  by 
Water  Department. 

Ords.,  Art.  41,  Sec.  64....1220 

MEASUREMENT  OF  WOOD, 

See  ‘ ‘ Wood.  ’ ’ 

MEASURER  OF  WOOD- 
CARTS, 

See  ‘ ‘ Wood.  ’ ’ 

MEAT, 

markets — sales  at  retail  only 
at  butchers’  stalls. 

Ords.,  Art.  23,  Sec.  35  ...  930 


Page 

MEAT. — (Cont’d). 

— sale  of  unsound  and  un- 
wholesome in,  forbidden. 
Ords.,  Art.  23,  Sec.  30....  929 
— unauthorized  persons  not 
to  sell  in. 

Ords.,  Art.  23,  Sec.  29....  928 

MEDICAL  ATTENTION, 

See  "‘Jail." 

prisoners  in  jail,  when  ill. 

Acts,  Sec.  121 163 

MEDICAL  EXAMINER, 

See  "Health." 

Ords.,  Art.  14,  Sec.  3 797 

Health,  Commissioner  of,  to 
appoint. 

Acts,  Sec.  71 138 

MEDICO— LEGAL  I N Q U I R- 
lES, 

See  "Health." 

Medical  and  Assistant  Medi- 
cal Kxaminer  to  make. 

Ords.,  Art.  14,  Sec.  3 797 

MEETINGS  of. 

Board  of  Estimates. 

Acts,  Sec.  36 113 

City  Council . {See' ' City  Coun- 
cil. ’ ’ ) 

MEMBERS  OF  CITY  COUN- 
CIL, 

See  ' ' City  Council.  ’ ’ 

MEMORANDA  OF  MATERI- 
ALS  AND  WORK  FOR 
CITY, 

See  ' ' Comptroller.  ’ ’ 
inspection  of. 

Ords.,  Art.  6,  Sec.  33 710 

and  note 708,  709 

MEMORIAL  DAY, 

flags  on  schools  at  half-mast. 

Ords.,  Art.  32,  Sec.  7 1046 

public  buildings,  flags  on  at 
half-mast. 

Ords.,  Art.  27,  Sec.  6 1006 


MERCHANDISE. 


MILK. 


Page 


1503 


Page 

MERCHANDISE  AND 
CLOTHING, 

markets,  sales  in  unlawful, 
penalty,  proviso. 

Ords.,  Art.  23.  Sec.  34.... 

929-30 

MERCHANDISE  BROKERS, 

See  '‘'‘Licenses." 
license  for. 

Acts,  Sec.  694 424 

MERCHANDISE  LICENSES, 

See  "Licenses."' 

issue  of  to  poor  women,  fee, 
etc. 

Ords.,  Art.  41,  Sec.  85....1228 

MERCHANDISE  ON 
WHARVES, 

removal  and  sale  of. 

Ords.,  Art.  13,  Sec.  13....  777 

MERCHANTS  AND  MANU- 
FACTURERS ASSOCIA- 
TION OF  BALTIMORE 
CITY, 

Department  of  Legislative 
Reference,  President  of,  on 


Board  of. 

Acts,  Sec.  208A 210 

MERIT  SYSTEM  ON  PUBLIC 
WORKS, 

Paving  Commission,  to  adopt. 

Acts,  Sec.  §841o 541 


MESSENGER  TO  MAYOR, 

See  '‘'‘Mayor." 

METERS, 

See  "Gas  Meters;"  "‘Inspec- 
tions., Weights  and  Meas- 
ures’ ‘ 'Lamps  and  Light- 
ing' ’ and  ‘ ‘ Water  Rents.  ’ ’ 

gas — in  public  buildings. 

Ords,,  Art.  20,  Sec.  4 894 

— inspection  of. 

Ords.,  Art.  20,  Secs.  6-14 

895-898 

water — buildings  other  than 
dwellings,  rates  to. 

Ords.,  Art.  41,  Sec.  68....1221 
— stables,  installation  in. 

Ords.,  Art.  41,  Sec.  54....1218 


MIDWIFERY, 

See  '‘'‘Health." 

Ords.,  Art.  14,  Sec.  188..  862 


MIDWIVES, 

license  of,  for  care  of  infants. 

Acts,  Sec.  §493f 323 

penalty  for  caring  for  infants 
without  license. 

Acts,  Sec.  §493i 324 


MILITIA, 

command  of  when  called  out 
by  Police  Commissioners  or 
Sheriff. 

Acts,  Sec.  769 472 

MILITIA  EXEMPT  FROM 
JURY  DUTY, 

See  '‘'Jurors." 

Acts,  Sec.  622 374 

MILK, 

See  "Health." 

adulteration  of,  penalty. 

Ords.,  Art.  14,  Sec.  56,  812 

care  of  milk  in  dairies. 

Ords.  Art.  14,  Sec.  50, 
810-811 

diseased  cows— sale  of  milk 
of  prohibited,  penalty. 

Ords.,  Art.  14,  Sec.  56,  812 

handling  of  in  dairies. 

Ords.,  Art.  14,  Sec.  54,  812 


Inspectors  of. 

Acts,  Sec.  74 139 

receptacles  for. 

Ords.,  Art.  14,  Sec.  50,  810 

sale  regulated. 

Acts,  Sec.  6 55 


— storage  and  distribution  of. 
Ords.,  Art.  14,  Sec.  53, 
811-812 

Skim-milk  and  buttermilk  to 
be  sold  as  such. 

Ords.,  Art.  14,  Sec.  59,  84 

standard  qualities  of,  defined. 

Ords.,  Art.  14,  Sec.  59,  813 

vessels  for. 

Ords.,  Art.  14,  Sec.  50,  811 


MINORS. 


1504  MOTIONS  IN  arrest. 


Page 

MINORS, 


commitment  of  by  magistrate 
for  Juvenile  Causes. 

Acts,  Sec.  623A, 375 

temporary  detention  and  trial 
of  by  Magistrate  for  Juven- 
ile Causes. 

Acts,  Sec.  623A 375 


MINOR  PRIVILEGES  IN 
STREETS, 

See  ''Board  of  Estimates. '''' 

certain  privileges,  prohibited. 

Acts.  Sec.  8 95 

MINORITY  REPRESENTA- 
TION, 

in  Departments,  Boards  and 
Commissions. 

Acts,  Sec.  30 107 

MINORS, 

billiards  and  bowling,  not  to 
play,  penalty. 

Ords.,  Art.  25,  Secs.  2-4, 
961-962 

custodians  to  prevent  begging 
by. 

Acts,  882 559 

jumping  on  and  off  cars  by, 
forbidden,  penalty. 

Ords.,  Art.  30,  Sec.  10,  1018 

newspaper  selling  by  permit- 
ted. 

Acts,  883 560 

not  permitted  in  saloons  or 
dance  halls  without  parents 
or  guardians. 

Acts,  881 558 

pretending  parents  liable  to 
fine. 

Acts,  884 560 

MINORS  AND  CHILDREN, 

sales  by,  (^See  ' 'Larceny.  ’ ’ ) 

MINORS,  SALE  OF  LIQUOR 
TO, 

See' ' Liquor  Licenses.  ’ * 

MINUTES  OF  POLICE  COM- 
MISSIONERS, 

See  "Police  Commissioners." 


Page 

MISCELLANEOUS  PRINTING, 

See  "Public printer." 

specifications  and  prices. 

Ords.,  Art.  29,  Sec.  16,  1012 

MISCELLANEOUS  USES  OF 
WATER, 

See  ' ' Water  Rents.  ’ ’ 

rates  for  Water  Board  to  fix. 

Ords.,  Art.  41,  Sec.  68,  1221 

MISSILES, 

throwing  in  city  unlawful, 
penalty. 

Ords.,  Art.  25,  Sec.  87,  987 

MISUSE  OF  LICENSES, 

See  "Licenses." 

penalty  for,  in  certain  cases. 
Ords.,  Art.  41,  Secs.  81- 
85 1226-1228 

MONEYS  OF  CITY, 

See  "City  Register"  and 
" Stocks y Loans  and  Fi- 
nance. ’ ’ 

interest  on  deposits  of  in 
Banks. 

Ords.,  Art.  6,  Sec.  23, 
705-706 

MONEYS  OF  SPECIAL 
POLICE  FUND, 

See  ' 'Special  Police  Fund.  ’ ’ 

MONUMENTS, 

Washington  and  Battle,  in- 
jury to,  penalty. 

Ords.,  Art.  25,  Sec.  61,  977 

MONUMENTS  AND  M E M- 
ORIALS, 

Art  Commission  to  approve. 


Acts,  Sec.  202 207 

MOTIONS  IN  ARREST  OF 
JUDGMENT, 

See  "Courts." 

Acts,  Sec.  300 261 


MORGUE. 


MOVABLE  STALLS. 


1505 


Page  ' 

MOORE,  JAMES  M., 

pension  of,  as  retired  police- 
man to  be  paid  out  of 
special  fund. 

Acts,  Sec.  780 483 

MORGUE, 

Health:' 

Ords.,  Art.  14,  Sec.  78,  820 

MORTGAGES, 

allegations  against  sale. 

Acts,  Sec.  724 436 

assent  to  decree  of  sale. 

Acts,  Sec.  720 434 

assignment  of  decree  by  doc- 
ket entry. 

Acts,  Sec.  727 437 

conveyance  of  interest  by  doc- 
ket entries. 

Acts,  Sec.  727 437 

copy  filed  with  application  for 
decrees. 

Acts,  Sec.  726 436-437 

— decree — default  before  not 

to  affect  right  to. 

Acts,  Sec.  731 439 

— in  personam  when  pro- 
ceeds insufficient. 

Acts,  Sec.  §731a 440 

default  before  decree,  duty  of 
Court. 

Acts,  Sec.  731 439 

distribution  of  proceeds  of 

Acts,  Sec.  729 437-438 

docket  entries  and  record, 
copy  of  mortgage  filed, 
fees. 

Acts,  Sec.  726 436-437 

execution  on  decree  in  per- 
sonam against  mortgagor. 

Acts,  Sec.  §731a 441 

notice  of  sales  under  general 
law,  publication  of. 

Acts,  Sec.  730 438 

order  of  assignment  to  be  in 
writing. 

Acts,  Sec.  727 


Page 

MORTGAGES.-  ( Cont  ’ d) . 
priority  as  liens  according  to 
time  of  entry  on  docket. 

Acts,  Sec.  727 437 

record  of  order  of  satisfaction. 

Acts,  Sec.  728 437 

release  by  docket  entry  of 
satisfaction  of  decrees. 

Acts,  Sec.  728 437 

report  of  sales  by  trustees. 

Acts,  Sec.  723 436 

sale — decree  of,  terms  of. 

Acts,  Sec.  720 434 

— procedure  in,  by  trustee. 

Acts,  Sec.  721 435 

— under  general  law,  pub- 
lication of  notice  of. 

Acts,  Sec.  730 438 

—validity  of,  under  assent 
of  mortgagor. 

Acts,  Sec.  722 435 

— voiding,  assessing  costs 
when  voided. 

Acts,  Sec.  725 436 

satisfaction  of  decree,  order 
of,  in  writing. 

Acts,  Sec.  728 437 

trustees — appointment  of 

new. 

Acts,  Sec.  729 437-438 

— for  making  sales,  bond 
of. 

Acts,  Sec.  720 434 

— in  sales  where  default 
before  decree  occurs. 

Acts,  Sec.  731 439 

MOUNT  ROYAL  TERRACE, 

sale  of  liquors,  prohibited. 

Acts,  Sec.  666 407 

MOUNT  VERNON  F A C - 
TORIES, 

sale  of  liquors  at,  prohibited. 

Acts,  Sec.  664 406 

MOUNT  VERNON  PLACE, 

See  ''Parks  and  Squares." 

porticos— construction  of,  in. 

Ords.,  Art.  24,  Sec.  2....  955 

MOVABLE  STALLS, 

See  "Markets." 

Ords.,  Art.  23,  Sec.  14....  923 


.437 


MOVEMENT  OF  CARS. 


1506  MUNICIPAL  OFFICIALS. 


Page 

MOVEMENT  OF  CARS, 

See  ‘ '‘Railroads  and  Rail- 
ways. ’ ’ 

cars  to  be  moved  in  streets 
by  authorized  persons  only; 
penalty. 

Ords.,  Art.  30,  Sec.  2....1016 

MOVEMENT  OF  CARS  IN 
STREETS, 

moving  cars  down  grade; 
proviso;  penalty. 

Ords.,  Art.  30,  Sec.  9....1018 

MULBERRY  STREET, 

cattle,  driving  through  un- 
lawful. 

Ords.,  Art.  25,  Sec.  31..968-9 

MUNICIPAL  ART  SOCIETY, 

Department  of  Legislative 
reference,  president  of,  on 
board  of. 

Acts,  Sec.  208 A 210 

MUNICIPAL  HOLIDAYS, 

See  '‘'Holidays." 

Ords.,  Art.  15,  Secs.  1-3,  867-8 

MUNICIPAL  HOSPITAL  FOR 
INFECTIOUS  DISEASES, 

See  "Health"  and  "Hos- 
pitals. ’ ’ 

Ords.,  Art.  14,  Sec.  10....  799 

MUNICIPAL,  LIGHTING 
PLANT, 

See  ' 'Stocks,  Loans  and 
Finance.  ’ ’ 

Acts,  Sec.  §826b 520 

MUNICIPAL  CONTRACTS, 

See  "Contracts." 

MUNICIPAL  CONTROL  OF 
GRANTS  AND  FRAN- 
CHISES, 

Acts,  Sec.  11 97 

MUNICIPAL  ELECTIONS, 

See  "Primary  Elections." 

supplementary  registration 
for. 

Acts,  Sec.  17 


MUNICIPAL  FRANCHISEsf^^^ 

See  ' 'Franchises. ' ’ 

MUNICIPAL  OFFICIALS, 

See  ' 'Appointments  to  Office;'  ’ 

‘ 'Bonds;' ' ' ' City  Council;' ' 
"Heads  of  Departments;" 
"Mayor"  and  "Salaries." 

annual  reports  of. — when  to 
be  made. 

Ords.,  Art.  1,  Sec.  36....  582 
bonds  of,  note  and  cases. 


Acts,  Sec.  31 108 

bond  required  of. 

Acts,  Sec,  31 108 

Burnt  District  Commission; 
not  eligible  on 

App.  A,  Sec.  1 1234 

City  Librarian . 

Acts,  Sec.  196 203 


city  contracts,  debts  or  claims; 
officials  not  to  be  interested 
in;  penalty. 

Ords.,  Art.  1,  Sec.  37.  582-83 


City  Solicitor. 

Acts,  Sec.  60-67 133-36 

— assistants  of. 

Acts,  Sec.  62 134 

Deputy  City  Solicitor. 

Acts,  Sec.  62 133-4 


extra  compensation  forbidden ; 
when  allowed. 

Ords.,  Art.  1,  Sec.  40....  584 

new  Sewerage  Commission — 
not  eligible  to  appointment 


to. 

Acts,  Sec.  §824a 507 

not  to  hold  more  than  one 
office. 

Acts,  Sec.  26 107 

power  to  appoint  subordinates. 

Acts,  Sec.  28 107 

— pass  rule  and  regulations. 
Acts,  Sec.  31 108 

records  of  official  acts. 

Acts,  Sec,  31 108 


registered  voters,  to  be. 
Acts,  Sec.  26 


100 


107 


NEW  LAMPS. 


MUNICIPAL  OFFICIALS.  1507 


MUNICIPAL 

OFFICIALS.— (Cont’d). 


tenure  of  office. 
Acts,  Sec.  27 


Page 


107 


term  of  office  of. 

Acts,  Sec.  25 105 

when  to  enter  office. 

Acts,  Sec.  25 105 


Page 

NAPHTHA,  BENZINE  AND  . 
GASOLINE, 

See  '"Fire  Regulations." 

Quantity  to  be  kept  on  hand. 
Ords.,  Art.  11,  Sec.  74....  762 

NARROW  STREETS, 

vehicles  in. 

Ords.,  Art.  4,  Sec.  2 682 


MUNICIPAL  POWERS, 

See  "Corporate  Pozvers." 

MUNICIPAL  SALARIES, 

See  "Salaries.''' 

when  to  be  paid. 

Ords.,  Art.  1,  Sec.  42.. 584-85 

MUNICIPAL  TELEPHONE 
EXCHANGE, 

See  ‘ ''Fire  Department  ’ ’ 

Ords.,  Art.  11,  Sec.  44....  752 

MUNICIPAL  SUBWAYS  AND 
CONDUITS, 

See  "Electrical  Commission 
and  Subways. ' ' 


NATURALIZATION  CASES, 


rules  governing  same. 

Acts,  Sec.  321A 272-73 

sittings  of  court  in. 

Acts,  Sec.  321 272 

two  judges  to  hear  and  de- 
termine. 

Acts,  Sec.  321 272 

NAVAL  STORES, 

regulation  of  storage  of. 

Acts,  Sec.  6..., 50 


NAVIGATION  OF  JONES’ 
FALLS. 

rules,  penalties. 

Ords.,  Art.  18,  Secs.  4-5, 

889-890 


MUSEUMS  OF  ANATOMY, 

display  or  exposure  of  any 
part  of  on  streets,  penalty. 
Ords.,  Art.  25,  Sec.  62..977-8 

MUSICAL  PARTIES, 

licenses  for,  when  admission 
fee  is  charged. 

Ords.,  Art.  41,  Sec.  13....1200 

NAME, 


corporate  name. 

Acts,  Sec.  1 41 

NAMES  OF  STREETS, 

lamps  on  corners  to  bear. 

Ords.,  Art.  20,  Secs.  17, 

18 899 

revision  and  change  of. 

Ords.,  Art.  35,  Secs.  102, 

103 1131 


NAMES  ON  BALLOTS, 

See  ‘ 'Primary  Elections.  ’ ’ 
App.  C,  Sec.  1 


NEW  AND  MISSED 
PROPERTY, 

See  ‘ ' Assesstnents' ' and  ‘ 'Ap- 
peal Tax  Court." 

Acts,  Secs.  169,171....184,188 

NEW  BUILDINGS, 

See  ' ' Water  Rents. ' ' 

compl  etion  of,  to  be  reported. 
Ords.,  Art.  40,  Sec.  7..1179-80 

NEW  IMPROVEMENTS, 

See  "Appeal  Tax  Court"  and 
‘ ‘ Taxes. ' ' 

assessment  of  for  taxes. 

Ords.,  Art.  38,  Sec.  10....1159 

estimates  for. — 

Acts,  Sec.  36 114 

NEW  LAMPS  AND  LAMP 
PILLARS, 

See  "Lamps  and  Lighting." 
Superintendent  of  Lamps 
and  Lighting  to  erect. 

Ords.,  Art.  20,  Sec.  3 894 


.1273 


NEW  RESIDENTS, 


NON-JURY  TRIALS. 


1508 


Page 

NEW  RESIDENTS, 

See  '"'Appeal  Tax  Court.''' 
assessment  of,  property  of. 
Acts,  Sec.  158 179 

NEW  SEWERAGE— 

act  {See  "Sewers."') 

Acts,  Sec.  §824a-§824h 
inclusive, 507-17 

loan  {See  "Sewers'') 

Acts,  Sec.  §824f 516 

system  {See  "Sewers.") 

Acts,  Sec.  §824a-§824h, 

507-517 

system  fund  {See  ' 'Sewers. ' ' ) 

Acts,  Sec.  §824f 516 

NEW  STATION  HOUSES  IN 
ANNEX, 

acquisition  of  land  for  and 
erection  of. 

Acts,  Secs.  786,  787,788..  487 

NEW  TRIALS. 

motions  for. 

Acts,  Sec.  300 261 

NEWLY  ASSESSED  PROP- 
ERTY, 

See  "Appeal  Tax  Court." 

Ords.,  Art.  38,  Sec.  14, 

1160-61 

NEWS  BOYS, 

sale  of  newspapers  on  public 
conveyances  authorized, 

Ords.,  Art.  4,  Sec.  28....  690 

NEWSPAPER  PUBLICATIONS, 

bills  for,  to  be  certified  by 
parties  presenting  same. 

Ords,,  Art.  1,  Sec  28, 

579-580. 

payment  of  city  bills  for  print- 
ing and  publishing  adver- 
tisements. 

Ords.,  Art.  1,  sec.  28....  579 

NEWSPAPER  REPRESEN- 
TATIVES. 

badge,  misuse  of,  revocation  of. 

Ords.,  Art.  25,  Sec.  64.  ..  978 

counterfeiting  or  duplicating, 
penalty. 

Ords.,  Art.  25,  Sec.  66....  979 


Page 

NEWSPAPER  REPRESEN- 
TATIVES.—(Cont’d). 
fraudulent  use  of  badge, 
penalty. 

Ords.,  Art.  25,  Sec.  65  ...  978 

Journalists’  Club  to  issue 
badges  to. 

Ords.,  Art.  25,  Sec.  63  ...  978 

NIGHT  SOIL, 

See  "Health." 

Ords.,  Art.  14,  Sec.  146..  842 

bringing  same  within  city  pro- 
hibited, penalty. 

Ords.,  Art.  14,  Sec.  147..  842 

removal  of,  contract  with 
R.  R.  Zell  and  Co. 

Ords.  Art.  14,  Sec.  157..  845 

NIGHT  STANDS  FOR  VEHICLES , 

See  "Vehicles." 

NIGHT  WATCHMEN. 

appointment  of. 

Acts,  Sec.  375 

Acts,  Sec.  377 


289 

289 


duties  of. 

Acts,  Secs.  375-377 289 

salaries  of. 

Acts,  Secs.  376-378 289 

in  parks,  police  powers  of. 

Acts,  Sec.  98 151 

salaries  of. 

Acts,  Secs.  376,  378 289 

NOMINATIONS, 

under  Primary  Election  Law. 

App.  C,  Sec.  1, 1270 


NOMINATIONS  FOR  POLICE, 

See  "Police  Commissioners.'' 

NOMINATIONS  TO  OFFICE, 

Second  Branch  to  confirm. 

Acts,  Sec.  25 104 

NON- JURY  TRIALS, 

note  274 


NOTICE. 


NON-RESIDENT  OWNERS.  1509 


Page 

NON-RESIDENT  OWNERS, 

damages  to  in  street  openings, 

Acts,  Sec.  827  521 

notice  to,  concerning  nui- 

^^^Ords.,  Art.  14,  Sec.  88....  824 


Page 

NOTES  OF  COURT  PRO- 
CEEDINGS, 

court  may  order  same  taken 
by  stenographer;  when 
taxed  as  costs. 

Acts,  Sec.  380 290 


notice  to,  of  assessments. 

Ords.,  Art.  35,  Sec.  88....1124 

NON-RESIDENT  PUPILS  IN 
SCHOOLS, 


See  ‘ 'Schools,  ’ ’ sub  - title 
"Tuition." 

Ords.,  Art.  32,  Secs.  33- 
34 1054-6 

NON-RESIDENTS, 

condemnation  of  property  of, 
for  public  uses. 

Ords.,  Art.  8,  Sec.  1 712 

shares  of  stock  held  by. 

Acts,  Sec.  §155a 177 

NORTH  AVENUE, 

See  ‘ 'Streets,  Bridges  and  High- 
ways. ’ ’ 

Acts,  Sec.  838 527-8 


NORTHEAST  MARKET, 

See  ' ' Northeast  Market,  ’ ’ 


sub-title  "Markets." 

proviso  relating  to. 

Ord.,  Art.  23,  Secs.  100- 
105 949-950 

NORTH  STREET, 

locomotives  to  be  used  on. 
Ords.,  Art.  30,  Sec.  13 1019 

NOTARIES  PUBLIC, 

additional  appointment. 

Acts,  Sec.  733a 442 

appointment  generally. 

Acts,  Sec.  733 442 

Baltimore  city,  additional  for. 

Acts,  Sec.  §733Aa 442 

note,  cases  cited 442 


NOTICE, 

See  "Advertisements',"  "Ap- 
peal Tax  Court',"  "Assess- 
ments;" "Benefits;"  "City 
Collector;'  ’ ‘ ‘ Commissioner 
for  Opening  Streets;' ' Con- 
demnation of  Property;' ' 

' 'Damages ; ” "G  rading. 
Paving,  etc..  Streets'," 

' 'Health;' ' ' 'Landlord  and 
Tenant;"  "Licenses;" 

' 'Mayor;' ' ' ' Ordinances;' ' 

' 'Streets  and  City  Engi- 
neer;" "Taxes." 


application  for  grading,  pav- 
ing, etc.,  from  owners. 

Ords.,  Art.  35,  Sec.  55....1110 
— for  ordinance  to  open,  close, 
etc.,  streets. 

Acts,  Sec.  828 524 

— for  ordinance  to  sanction 
division  by  joint  owners. 

Acts,  Sec.  831  524 

— of  owners  for  grading,  pav- 
ing, etc. 

Ords.,  Art.  35,  Sec.  63  ..1114 


condemnation  of  land  and 
water  rights,  notices  in. 

Acts,  Sec.  6 88 


bakeries  and  confectioneries, 
violation  of  sanitary  regula- 
tions. 

Ords.,  Art.  17,  Sec.  38..  887 

contagious  diseases,  parents 
of  pupils,  and  physicians  to 
give  notice  to  teachers. 

Ords.,  Art.  32,  Sec.  36.. 1056 

effect  of  failure  to  give  notice. 

note 76 


qualifications  of  appointees. 


Acts, Sec.  734  443 

women  notaries. 

Acts,  Sec.  §733Aa 442 

Acts,  Sec.  734 443 


examining  engineers — exami- 
nations by. 

Acts,  Sec.  429 301 

fire  precautions,  violation  of. 

Ords.,  Art.  11,  vSec.  62....  757 


NOTICE. 


NOTICE. 


Page 


1510 


Page 

NOTICE.— (Cont’d). 
footways  to  be  filled  up. 

Ords.,  Art.  35,  Sec.  21..1098 
— when  defective  or  out  of 
repair. 

Ords.,  Art.  35,  Sec.  20. 
1097-1098 

grading,  paving,  etc. 

— assessments  for;  deposit  of; 
list  of. 

Ords.,  Art.  35,  Sec.  94.1128 
— for,  to  owners,  written  or 
printed  notices. 

Ords.,  Art.  35,  Sec.  95..1128 
—apportionment  of. 

Ords.,  Art.  35,  Sec.  93, 

1127 

— ordinances  for. 

Acts,  Sec.  6. 75 

— proposals  for. 

Ords.,  Art.  35,  Sec.  91, 

1126 

— tax  for. 

Acts,  Sec.  6 77 

licenses. 

— advertisement  of  expiration 
of. 

Ords.,  Art.  41,  Sec.  84..1227 

mortgage  sales  under  General 
Eaw. 

Acts,  Sec.  731 439 

notice  to  quit  {See  ''Notice 
to  Quit.  ’ ’ ) 

nuisances. 

— in  private  streets;  abatement 
of. 

Ords.,  Art.  35,  Secs. 86- 

88 1122-1124 

— non-resident  owners,  abate- 
ment of  by. 

Acts,  Sec.  489 320 

opening,  closing,  etc. , streets 
{See  ‘ 'Streets,  Bridges  and 
Highways,  ’ ’ sub-title' ' Open- 
ing,  etc. , Streets. ' ’ ) 


— benefits,  assessment  of  in. 

Acts,  Sec.  181... 198 

— damages,  assessment  of  in. 

Acts,  sec.  178 186 

— publication  of. 

Acts,  Sec.  177  194 


NOTICE.— (Cont’d). 

Opening,  Closing,  Etc.- (Cont’d). 


— meetings  of  Commissioners 
for  Opening  Streets. 

Acts,  Sec.  175 191 

— objects  of  Ordinance,  Com- 
missioners for  Opening 
Streets  to  advertise. 

Acts,  Sec.  829 523 

— resale  of  property  taken  in . 

Acts,  Sec.  176 193 

— sale  and  resale  of  property 
assessed  for  benefits  in. 

Acts,  Sec.  183 199 

— sale  of  property  assessed  for 
benefits. 

Acts,  Sec.  182 199 

— of  residue  of  property  taken 
Acts,  Sec.  176 192 


paving  etc.,  streets. 

— annex  footways. 

Ords.,  Art. 35,  Sec.  31..1102 
— assessments  for. 

Ords.,  Art.  35,  Sec.  69....1116 
— distress  for  taxes  for. 

Ords.,  Art.35,  Sec.  24....1099 
— levy  of  tax,  etc. 

Ords.,  Art.  35,  Sec.  76....1120 
— footways,  paving  by  City 
Engineer. 

Ords.,  Art.  35,  Sec.  22..1098 
— paving  tax  or  assessments. 

Ords.,  Art.  38,  Sec.  29..1167 

— selection  of  paving  materials 
by  owners. 

Ords.,  Art.  35,  Sec.  78 
1120-1121 

primary  elections,  date  of. 

App.  C.  Sec.  1 1270-1271 

sewers  — construction,  open- 
ing, etc.,  notice  to  owners. 
Acts,  Sec.  818 504 

— property  owners  affect- 
ed, to  receive. 

Ords.,  Art.  33,  Sec.  6..1062 

taxes — 

— advertised  notice  of  taxes 
falling  due,  what  to 


show. 

Acts,  Sec.  51 128 

— assessments  of  property. 

Acts,  Sec.  164A 181 


NOTICE. 


NUISANCES. 


Page 


1511 

NUISANCES.— (Cont’d). 


Page 


NOTICE.— (Cont’d). 

— increase  of  assessments  of 
property , notice  to 

owners. 

Acts,  Sec.  150 172 

— sales  of  chattels  for. 

Acts,  Sec.  49 127 

visitors  of  Jail,  meetings  of. 

Acts,  Sec.  119 163 

wdres  underground,  placing 
of. 

Acts,  Sec.  6 81 


NOTICE  TO  QUIT, 

See  "'Justices  oj  the  Peace'" 
and  "Landlord  and 
Tenant. ' ' 

agreements  relating  to, to  con- 


trol. 

Acts,  Sec.  851 550 

decisions  relating  to  cited. 

note  Acts 548 

form  and  requisites  of. 

Acts,  Sec.  849 549 

rights  of  landlord  under. 

Acts,  Sec.  850 550 

tenancies. 

— at  will,  by  landlord. 

Acts,  Sec.  846 549 

— at  will,  by  tenant. 

Acts,  Sec.  847 549 

— for  less  than  a year. 

Acts,  Sec.  845 548 

— year  to  year. 

Acts,  Sec.  844 548 

Acts,  Secs.  844-851. ...548-550 

written  notice  required. 

Acts,  Sec.  848 549 


NUISANCES, 

See  "Health." 

Ords.,  Art.  14,  Sec.  65....  816 
817 

Ords.,  Art  14,  Secs.  84- 
127 822-835 

abatement  of  nuisances. 

— causes  of  removal,  penalty 
for  failure  to  remove. 

Ords.,  Art.  14,  Sec.  84..  822 
— costs  of. 

Ords.,  Art.  14,  Sec.  84..  822 
— judgment  for. 

Ords.,  Art.  14,  Sec.  89..  824 


— duty  of  Commissioner  of 
Health. 

Ords.,  Art.  14,  Sec.  84..  822 
— expenses  of  removal,  re- 
covery. 

Ords.,  Art.  14.  Sec  89..  824 
— sale  of  property  to  pay. 

Ords..  Art.  14,  Sec.  90..  824 
825 

— from  leaking  hydrants,  cost 
of  removal. 

Ords.,  Art.  14,  Sec.  115..  831 
— notice  to  abate. 

Ords.,  Art.  14,  Sec.  65. ...816 

817 

Ords.,  Art.  14,  Sec.  84....  822 
— to  non-resident  owners. 
Ords.,  Art.  14,  Sec.  88  823 
824 

— when  to  be  posted  on 
premises. 

Ords.,  Art.  14,  Sec.  87..  823 
—to  remove,  penalty  for 
failure  to  comply  with. 
Ords.,  Art.  14,  Sec.  84..  822 
— penalty  for  failure  to  abate. 

Ords.,  Art.  14,  Sec.  65..  816 
817 

— property  owners  defined,  in 
cases  for. 

Ords.,  Art.  14,  Sec.  91....  825 
— when  owner  cannot  be 
found. 

Ords.,  Art.  14,  Sec.  85....  823 

assessments  for  grading,  pav- 
ing, etc.,  of  streets. 

Ords.,  Art.  35,  Sec.  86. ...1123 

brought  into  city,  penalty. 

Ords.,  Art.  14,  Sec.  99  ...  827 

digest  of  decisions  of  Court  of 
Appeals. 

note 54-57 

docks — 

— removal  of  nuisances  in, 
penalty  for  non-removal. 

Ords.,  Art.  13,  vSec.  22....  781 

grading,  paving,  etc.,  to 
abate. 

Ords.,  Art.  35,  Sec.  85. ...1123 

health  wardens,  duty  in  re- 
lation to. 

Acts,  Sec.  78. 


141 


NUISANCES. 


NUISANCES. 


Page 


1512 


Page 

NUlSANCES.(Cont’d) 

hearing  by  City  Engineer  to 
determine  assessments  for 
grading,  etc. 

Ords.,  Art.  35,  Sec.  86..  .1123 

inspection  by  Commissioner 
of  Health. 

Ords.,  Art.  14,  Sec.  84....  822 

lots,  nuisances  on;  assessment 
of  costs,  lien  of. 

Ords.,  Art.  14,  Sec.  89....  824 
— non-residents,  advertise- 
ment of  notice  to. 

Ords.,  Art.  14,  Sec.  88.... 

823,  824 

— notice  of  removal  of. 

Ords.,  Art.  14,  Sec  87....  823 
— originating  on  adjoining 
lots,  procedure , penaltv. 
Ords.,  Art.  14,  Sec.  86....  823 
— owners  of  property  charge- 
able with  costs ; defined. 
Ords.,  Art.  14,  Sec.  91....  825 
— penalty  for  failure  to  re- 
move. 

Ords.,  Art.  14,  Sec.  86....  823 
— sale  of  property  for  costs 
of  removal ; pr  cedure. 

Ords.,  Art.  14,  Sec.  90.... 

824-825 

— on  vacant  lots  ; penalty. 

Ords.,  Art.  14,  Sec.  96.... 

826-27 

markets — filth,  offal,  etc.,  de- 
posit of  unlawful,  penalty. 

Ords.,  Art.  23,  Sec.  32....  929 

Park  Avenue,  deposits  of,  dirt, 
ice,  sand,  snow,  prohibited 
on,  penalty. 

Ords.,  Art.  25,  Sec.  38....  971 

private  streets,  paving  or 
repaving  of,  to  abate. 

Ords.,  Art.  35,  Secs.  85- 
88 1123-1124 

removal  to  other  premises 
in  city,  prohibited  ; pen- 
alty, 

Ords.,  Art.  14,  Sec.  98....  827 

Specific  Nuisances, 

—cellars. 

Ords.,  Art.  14,  Secs.  93- 

94 826 

— dead  animals;  removal  of; 
penalty. 

Ords.,  Art.  14,  Sec.  95....  826 


NUlSANCES.(Cont’d) 

Specific  Nuisances. — (Cont’d). 

— deposits  of  green  and  fatty 
bones. 

Ords.,  Art.  14,  Sec.  92....  825 


— expectorating. 

Ords.,  Art.  14,  Secs.  100- 

104 828-829 

— garbage,  offal,  etc. 

Ords.,  Art.  14,  Secs.  107- 

12 829-831' 

— ice  ponds. 

Ords.,  Art.  14,  Secs.  116- 
118 832 


— injurious  manufactories. 

Ords.,  Art.  14,  Sec.  65.... 

814,  815 

— leaking  hydrants. 

Ords.,  Art.  14,  Secs.  114- 

115 831 

— low  grounds  ; draining  of. 

Ords.,  Art.  14,  Sec.  100..  827 
— manufactories  injurious 
and  dangerous  to  health. 
Ords.,  Art.  14,  Secs.  65- 

77 816-822 

— manure. 

Ords.,  Art.  14.  Sec.  96.... 

826-827 

—offensive  fluids  in  streets, 
police  regulations,  pen- 
alty. 

Ords.,  Art.  25,  Secs.  52, 

53 975 

— oyster  and  clam  shells. 

Ords.,  Art.  14,  Secs.  119- 

120 832-835 

— roofing,  chemical  or  me- 
chanical preparations  for; 
proviso. 

Ords.,  Art.  14,  Sec.  65.... 

816,  817 

— shavings  and  vegetable 
matter. 

Ords.,  Art.  14,  Sec.  121..  833 
— slaughter  and  hide  houses; 
complaints  against ; in- 
vestigation of. 

Ords.,  Art.  14,  Sec.  195..  864 
— notice  and  removal  of. 

Ords., Art.  14, Sec-196..  865 
— nuisances  from  ; penal- 
ty* 

Ords., Art. 14, Sec. 97  827 
— slaughter  house  cleanings. 

Ords.,  Art.  14,  Sec.  97....  827 
— smoke. 

Ords.,  Art.  14,  Secs.  122- 
125 833-834 


NUISANCES. 


OATH  OF  OFFICE. 


Page 


1513 


Page 

NUISANCES.— (Cont’d) . 

Specific  Nuisances. — (Cont’d). 
—stables. 

Ords.,  Art.  14,  Sec.  126..  834 
— tenement,  lodging  houses. 

Ords.,  Art.  14,  Sec.  105..  829 
— wells  and  springs. 

Ords.,  Art.  14,  Sec.  127.. 

834-835 

— vacant  lots  and  premises, 
deposits  on. 

Ords.,  Art.  14,  Sec.  96.... 

826-827 


Streets  in  State  of  Nuisance, 

— action  against  City  by  non- 
resident owners  for  re- 
covery of  costs  assessed. 

Acts,  Sec.  490 32') 

— advertisement  of  notice  to 
non-resident  owners. 

Acts,  Sec.  489 320 

— assessment  of  costs. 

Acts,  Sec.  486 319 

— collection  of  costs. 

Acts,  Sec.  486 319 

— defenses  of  owners. 

Acts,  Sec.  487 320 

— levy  of  cost. 

Acts,  Secs.  488-489 320 

— lien  of  costs  and  expenses. 

Acts,  Sec.  488 320 

— non-resident  owners,  re- 
imbursement of. 

Acts,  Sec.  490 320 

— notice  to  non-residents. 

Acts,  Sec.  489 320 

— ordinance  Causing  nui- 
sance. 

Acts,  vSec.  487-490 320 

— paving,  when  to  be  done. 

Acts,  vSec.  486 * 319 

— refund  of  assessments  for 
paving,  etc., streets,  when 
court  decides  no  nuisance 
existed. 


Ords.,  .\rt.  35,  Sec.  87....1124 
— reimbursement  of  owner. 

Acts,  Sec.  487-490 320 

— streets,  regulations  re- 
lating to  nuisances  in. 

Ords.,  Art.  25,  Sec.  36....  970 
— suit  against  abutting  own- 
ers. 

Acts,  Sec.  486 


NUISANCES.-  (Cont’d) . 

Wharves, 

— fish,  fruit  and  vegetables  to 
be  removed  when  a nui- 
sance ; penalty. 

Ords.,  Art.  13,  Sec  14....  777 

NUMBER, 

See  ‘ 'Hackney  Carriages 
ana  Coaches." 

NUMBER  PLATES  OF  LI- 
CENSES, 

See" Licenses" and  ‘ ‘ Vehicles.  ’ ’ 

NUMBER  PLATES  ON  VE 
HICLES, 

license  number  to  correspond 
with. 

Ords.,  Art.  41,  Sec.  83. ...1227 

NUMBERING  HOUSES, 

See  ‘ ‘ Topographical  Survey.  ’ ’ 
Ords.,  Art.  39,  Secs.  8-11 

1174 

errors  and  irregularity  in. pen- 
alty. 

Ords.,  Art.  3,  Sec.  120....  646 

general  powers. 

Acts,  Sec.  6 79 

NUMBERS  OF  LICENSES, 

See  "Licenses." 

license  number  plates  to  cor- 
respond with,  penalty. 

Ords.,  Art.  41,  Sec.  83....1227 

OATH  OF  OFFICE, 

See  "Police  Examiners." 


Acts,  Sec.  25 106 

auctioneer— false  swearing  by; 
penaltv. 

Acts,  Sec.  273 245 

Board  of  Police  Commis- 
sioners. 

Acts,  Sec.  740 449 


Commissioners  for  Opening 
vSewers,  employes  of,  rec- 
ord of. 

Ords.,  Art.  33,  Sec.  4 1061 

Examining  Board  of  P'ire  De- 
partment, members  to  take  . 

Ords.,  Art.  11,  Sec.  24..  745 


319 


OATH  OF  OFFICE. 


OBSTRUCTIONS. 


1514 


Page 

OATH  OF  OFFICE.— (Cont’d). 

decisions  relating  to. 

note  106 

form  of,  for  Commissioners 
for  Opening  Sewers. 

Ords.,  Art.  33,  Sec.  2. .1061-2 

measurer  of  wood-carts.  ! 

Acts,  Sec.  593 357  I 

OBJECTIONABLE  S U R - 
ROUNDINGS, 

to  protect  public  property 
from. 

Acts,  Sec.  6 49 

OBSTRUCTING, 

ambulances — penalty  for. 

Ords.,  Art.  16,  Sec.  15..  873 

Salvage  Corps — penalty  for. 

Ords.  Art.  11,  Sec.  46....  752 

sewers — throwing  waste  mat- 
ter into  inlets,  penalty. 

Ords.,  Art.  25,  Sec.  95..  990  j 

OBSTRUCTIONS, 

See  ‘ '‘Buildings^  ’ ’ ‘ 'Fire  De-  \ 
partment;'''  " Fire  Regula-  \ 
tions;"  "Harbor,  Docks 
and  Wharves;'"  "Health;" 
"Inspector  of  Buildings;" 

‘ 'Jones''  Falls,  ’ ’ ‘ 'Markets;'  ’ 
''Nuisances;'"  "Parks  and 
Squares;"  "Police  Regula- 
tions"' "Quarantine  Hos- 
pital;" "Railroads  and 
Railways"'  "Sewers"' 
''Streets  and  City  Engi- 
neer' ' and  ' ' Vehicles. ' ' 

harbor,  docks  and  wharves. 

— in  harbor. 

— on  piers. 

— on  wharves. 

Ords.,  Art.  13,  Secs. 

19,  32 780,  785 

— to  navigation. 

Ords.,  Art.  13,  Sec.  20..  780 

Jones’  Falls — obstruction  of. 
i^See  "Jones'  Falls.") 

Ords.,  Art.  18,  Sec.  1....  888 

parks  and  squares — public 
view  in,  not  to  be  ob- 
structed. 

Ords.,  Art.  24,  Sec.  1....  954 


OBSTRUCTIONS.— (Cont’d).^^^^ 

railway  tracks — obstruction 

of. 

I {See  "Railroads  and  Rail- 
' ways.") 

Ords.,  Art.  30,  Sec.  18....1021 

removal  of,  from  lands  con- 
demned. 

App.  A,  Sec.  21 1253 

sewers — construction  of;  re- 
moval of,  at  expense  of 
owners. 

Ords.,  Art.  33,  Sec.  18..1072 
— and  drains — obstruction 

of;  penalty  for;  collection 
of  penalties. 

Acts,  Sec.  817 504 

street  cars — obstruction  of; 
penalty  against  owners  or 
drivers  of  vehicles. 

Ords.,  Art.  4,  Sec.  18....  687 

I Streets — Obstructions  and  En- 
c>  oachments, 

— articles  for  immediate  use 
of  trade  or  family,  ex- 
cepted, penalty. 

Ords.,  Art.  25,  Sec.  67..  979 

— barrels,  boxes,  crates  and 
hogsheads,  space  to  occu- 
py, penalty. 

Ords.,  Art.  25,  Sec.  68..  979 
— boxes  for  garbage,  regula- 
tion of. 

Ords.,  Art.  25,  Sec.  70  980 
— builders’  materials,  condi- 
tions of  occupancy  of 
streets  with. 

Ords.,  Art.  25,  Sec.  74..  982 
— cars  of  steam  railroads  not 
to  obstruct  streets. 

Ords.,  Art.  30,  Secs. 

4-6 1017 

— City  Engineer  to  clear  un- 
lawful obstructions  at  ex- 
pense of  offender. 

Ords.,  Art.  25,  Sec.  73  981 
— dangerous  and  unhealthy 
substances,  immediate 
removal  of. 

Ords.,  Art.  25,  Sec.  69  980 
— dirt,  lumber,  etc.,  ob- 
structing streets. 

Ords.,  Art.  25,  Sec.  73  981 
— enclosure  in  streets  in 
building  work. 

Ords.,  Art.  25,  Sec.  74  982 


OBSTRUCTIONS. 


OFFENSIVE. 


1515 


Page 

OBSTRUCTIONS.— (Cont’d). 
Streets — Obstructions 
and  Encroachments. — (Cont’d). 
— encroachments  and  ob- 


structions in  streets. 

Acts,  Sec.  6 78 

— decisions  relating  to. 

foot-note 78-79 


— family  and  trade  articles 
for  immediate  use. 

Ords.,  Art.  25,  Sec.  67  979 
— fires  in  streets  in  building 
work,  conditions  of  per- 
mit. 

Ords.,  Art.  25,  Sec.  75  983 
— footways,  removal  of  snow 
and  ice  from. 

Ords.,  Art.  25,  Sec.  76 

983-4 

— garbage  receptacles  pro- 

hibited, proviso. 

Ords.,  Art.  25,  Sec.  70  980 
— gutters  and  sidewalks  to 
be  kept  clear. 

Ords.,  Art.  25,  Sec.  71 

980-1 

— horses  and  mules  in  streets 
while  shoeing;  penalty. 

Ords.,  Art.  25,  Sec.  75  983 
— ice  to  be  removed  from 
footways  and  gutters. 

Ords.,  Art.  25,  Sec.  76 

983-4 

— inspection  of  goods  on 
streets;  penalty. 

Ords.,  Art.  17,  Sec.  3..  876 
— materials  of  builders,  con- 
ditions of  use  of  streets 
with.  ! 

Ords.,  Art,  25,  Sec.  74  982 
— mules  and  horses  in  streets 
while  shoeing;  penalty. 

Ords.,  Art.  25,  Sec.  75  983 

note 979 

— notice  to  remove  snow 
from  footways. 

Ords.,  Art.  25,  Sec.  76 

983-4 

— obstructions  in  streets,  re- 
moval at  expense  of  of- 
fender. 

Ords.,  Art.  25,  Sec.  73  981 

— opening,  closing,  etc., 

streets;  removal  of.  i 

Acts,  Sec.  189  201 

— penalties  for  dangerous, 
etc.,  substances  and  ob- 
struction of  streets. 

Ords.,  Art.  25,  Sec.  72  981 


Page 

OBSTRUCTIONS.— ( Cont  ’ d ) . 
Streets — Obstructions 
and  Encroachments. — (Cont’d). 
— privileges  of  builders  in 
streets,  conditions  of. 

Ords.,  Art.  25,  Sec.  74  982 
— removal  of  garbage  boxes. 

Ords.,  Art.  25,  Sec.  70  980 
— safet}’^  regulations  for. 

Ords.,  Art.  35,  Sec.  112 

1134-1135 

— salt,  use  in  melting  ice  or 
snow  prohibited;  penalty. 
Ords.,  Art.  25,  Sec.  77  984 
— sidewalks  and  gutters  to 
be  kept  unobstructed. 

Ords.,  Art.  25,  Sec.  71 

980-81 

— snow,  removal  of,  from 
footways,  time  limit  for, 
penalty;  notice. 

Ords.,  Art.  25,  Sec.  76  ' 
983-4 

— vehicles,  not  to  obstruct. 

(See  ‘ ‘ Vehicles.  ’ ’ ) 

vehicl  es — obstruction  s . 

See  ‘ ‘ Vehicles.  ’ ’ 

OFFENCES, 

See  ‘ '‘Fines,  Penalties  and 
Forfeitures-,"  Justices  of 
the  Peace'  ’ and  ‘ ‘ Vagrants 
and  Disorderly  Persons." 

OFFENDERS, 

See  "‘Oranges,  Lemons  and 
Limes." 

OFFENDERS,  ADULT  AND 
JUVENILE, 

exempted  from  provisions  of 
Secs.,  104  to  116  inclusive. 

Acts,  Sec.  117 162 

OFFENSIVE 

fluids  in  .streets — police  regu- 
lations; penalty. 

Ords.,  Art.  25,  Secs. 
52-53 975 

privies — cleaning  of;  penalty 
for  neglect. 

Ords.,  Art.  14,  Sec.  143  841 

trades — regulation  of. 

Acts,  Sec.  6 


53 


OFFICE  HOURS. 


OPENING  STREETS. 


1516 


Page 

OFFICE  HOURS, 

See  under  heads  of  various 
municipal  officials. 

Comptroller  and  City  Regis- 
ter. 

Ords.,  Art.  6,  Sec.  30....  709 
note 708-709 

Keepers  of  Standards  of 
Weights  and  Measures. 

Ords.,  Art.  17,  Sec.  5....  877 

OILS  AND  FLUID  ILLUMI- 
NANTS, 

See  ''‘Fire  Regulations''’  and 
various  sub-titles  under 
‘ 'Lamps  and  Lighting' ' 
and  "Licenses." 

inspection  and  standard  of. 

Acts,  Sec.  6 51 

licenses  for  sale  of. 

Ords.,  Art.  41,  Sec.  26.. 1205 

manufacture  of. 

— permit  for,  application  for, 
penalty. 

Ords.,  Art.  11,  Sec.  84 

765-6 

penalty  for  sale  of;  without 
licenses. 

Ords.,  Art.  41,  Sec.  27....1205 

OILS  AND  FLUID  ILLUMI- 
NANTS, 

storage  of. 

Acts,  Sec.  6 50 

— buildings  for. 

Ords.,  Art.  11,  Sec.  85....  766 

OILS  AND  GAS,  ILLUMI- 
NATING, 

inspection  of,  {^See  "Lamps 
and  Lighting"  sub-title 
‘ ‘ A ssistant  Superintendent 
of") 

Ords.,  Art.  20,  Secs.  24- 


30.; 901-903 

OMITTED  PROPERTY, 

See  "Assessment  of  Prop- 
erty. ' ' 

Acts,  Sec.  171 188 


OMNIBUSES  IN  STREETS, 
ETC. 

See  "Vehicles." 


Page 

OPENING,  CLOSING,  ETC., 
STREETS, 

See  "City  Collector;"  "City 
Register;"  "City  Solicit- 
or;' ' ' ' Commissioners  for 

Opening  Streets;"  "Con- 
demnation of  Property;' ' 
"Streets  and  City  Engi- 
neer' ' and  ' 'Streets,  Bridges 
and  Highways. ' ' 

annex — opening,  etc.,  streets 


in. 

Acts,  Sec.  §841c 532 

Acts,  Sec.  3,  42 

authority  for,  by  ordinance. 

Acts,  Sec.  175 191 


Burnt  District  Commission, 
powers  of. 

App.  A,  Sec.  2 1236-1237 


Cathedral  Cemetery. 

Acts,  Sec.  6 82 

Commissioners  for — 

(^See  "Commissioners  for 
()pening  Streets. ") 

Acts,  Sec.  173 190 

Commissioners  for  Opening 
Streets;  duties  in  annex. 

note 1117-1118 

condemnation  of  property  for. 

Acts,  Sec.  6 72 

Condemnation  Proceedings, 

— powers  of  city  relating  to. 

Acts,  Sec.  6 72 

— appeals  from  assessments. 

Acts,  Sec.  6 72 

— assessments  of  damages  and 
benefits. 

Acts,  Sec.  6 72 

—Commissioners  for  Opening 
Streets. 

Acts,  Sec.  6 72 

— Collector  of  Assessments. 

Acts,  Sec.  6 72 

— damages  and  benefits. 

Acts,  Sec  6 72 

— jury  trials. 

Acts,  Sec  6 73 

— infancy,  etc. 

Acts,  Sec.  6 73 

— interest  acquired. 

Acts,  Sec.  6 73 

— rents  and  revenue. 

Acts,  Sec.  6 73 


OPENING  streets. 


Page 

OPENING,  CLOSING,  ETC., 
STREETS.— (Cont’d). 
damages  and  benefits  assessed 
to  same  person. 

Acts,  Sec.  174 190 

damages,  assignment  of. 

Acts,  Sec.  174 190 

general  powers. 

Acts,  Sec.  6 72-73 

gifts — of  property  for  streets. 

Acts,  Sec.  193 202 

— of  street  beds,  to  become 
public  highways. 

Acts,  Sec.  194 202 

ground  rent  interests,  con- 
demnation of. 

Acts,  Sec.  188 201 

Jones’  Falls,  exemption  from, 
provisions  for. 

Acts,  Sec.  600 359 

leasehold  interests,  condem- 
nation of. 

Acts,  Sec.  188 201 

loan  of  $5,000,000  for. 

Acts,  Sec.  824 506-507 

North  Avenue. 

Acts,  Sec.  838 527-528 

per  diem  of  commissioners 
and  clerk. 

Acts,  Sec.  190 201 

petitioners  to  give  location  of 
their  property. 

Acts,  Sec.  195  203 

procedure  of  Commissioners 
for. 

Acts,  Sec.  175 191 

— where  portion  only  of  lot 
taken. 

Acts,  Sec.  176 192  | 

time  limit  for  payment  of  j 

benefits  assessed. 

Acts,  vSec.  182 199 

title  to  property  acquired  for 
streets,  etc.  ' 

Ords.,  Art.  5,  Secs.  2-3..  695  ^ 

696  ; 

void  ordinance  for,  effect  of.  i 

Acts,  Sec.  180 .' 198  1 


1517  ORDER  OF  SATISFACTION. 

Page 

OPENING  OF  PRIVIES, 

permits  for,  penalty  in  abs- 
ence of  permit. 

Ords.,  Art.  14,  Sec.  144..  841 

OPENING,  ETC.,  SEWERS, 

See  ''‘Sewers.'" 

condemnation  of  property  in. 
Ords.,  Art.  33,  Secs.  6- 
8 : 1062-1066 

OPENING  STREET  SUR- 
FACE, 

See  ‘ '‘Streets  and  C i ty 
Engineer'' ' and  ‘ ‘ Water.  ’ ’ 


Acts,  Sec.  6 79 

decisions  relating  to. 

foot-note 79 


powers  of  Water  Board  re- 
lating to. 

Ords.,  Art.  40,  Sec.  23....1184 
1185 

safety  regulations  for. 

Ords.,  Art.  35,  Sec.  112.1134 
1135 

OPERATION  AND  EFFECT 
OF, 

See  ''‘Code." 

City  Charter. 

Acts,  Secs.  2-4 564,  566 

OPINIONS, 

See  '*City  Solicitor." 
in  Circuit  Courts,  of  city. 

Acts,  Sec.  324 274 

ORANGES,  LEMONS,  LIMES. 

licenses  for  sale  of,  penalty. 

Ords..  Art.  41,  vSec.  47....1214 
— sales  under  restricted  to 
one  person,  penalty. 

Ords.,  Art.  41,  Sec.  48..1214 
1215 

notice  to  offenders  to  be 
given,  proviso. 

Ords.,  Art.  41,  Sec.  49..1215 

ordaining  phrase. 

See  "City  Council." 

ORDER  OF  ASSIGNMENT, 

See  ' ' Mortgages . ’ ’ 

ORDER  OF  SATISFACTION, 

See  ' 'Mortgages . ’ ’ 


ORDINANCE  41. 


ORDINANCES. 


1518 

ORDINANCES  AND 
RESOLUTIONS.— (Cont’d) . 


Page 


ORDINANCE  41,  MAY  9, 
1889, 

Charter  not  to  affect. 

Acts,  Sec.  6 82 

ORDINANCE  OF  ESTI- 
MATES, 

See  '"Board  of  Estimates.'’’ 

Acts,  Sec.  36 114 

City  Council,  its  powers  re- 
lating to. 

Acts,  Sec,  36 115 

Department  of  Legislative 
Reference,  expenses  of. 

Acts,  Sec.  208C 211 


interest  on  city  stock. 

Ords.,  Art.  34,  Sec.  9....1079 


park  expenditures  to  be  in- 
cluded in. 

Acts,  Sec.  97 151 

Paving  Commission,  annual 
appropriation  for,  in. 

Acts,  Sec.  §841p 542 


portable  school  buildings, 
appropriations  for. 

Ords.,  Art.  32,  Sec.  6. ...1045 

salaries  of  municipal  officials 
fixed  by. 

Acts,  Sec.  36A 117 

ORDINANCES  AND  RES- 
OLUTIONS, 

See  ‘ ‘ City  Council"  and 
‘ "Mayor.  ’ ’ 

advertisement  of,  to  be  cer- 
tified by  publisher  and  cer- 
tificate to  be  attached  to 
ordinance  or  resolution. 

Ords.,  Art.  1,  Sec.  30, 

580-581 

amendment,  re-enactment, 
etc.,  not  to  be  by 'mere  ref- 


erence to  title. 

Acts,  Sec.  221 218 

appropriations,  approval  of 
particular  items  of  by 
Mayor. 

Acts,  Sec.  23, 103 

approval  of  by  Mayor. 

Acts,  Sec.  23, 102 


binding,  labelling  and  index- 
ing of  engrossed  copies. 

Ords.,  Art.  1,  Sec.  24,  578 

Burnt  District  Commission, 
powers  granted  to  under. 

App.  A.  Sec.  3, 1237 

certificate  of  clerk  showing 
regularity  of  passage,  be- 
fore same  shall  be  sub- 
mitted to  Mayor  for  his  ap- 
proval. 

Ords.,  Art.  1,  Sec.  30,....  580 
City  Council,  power  to  pass. 


Acts,  Sec.  218 215 

Code,  ordinances,  etc. , includ- 
ed in. 

Ords., Sec.  2 1230 

effect  of  code  on,  temporary. 

Ords.,  Sec.  2 1230 

engrossed  before  third  read- 
ing. 

Acts,  Sec.  221 219 

engrossing  of. 

Ords.,  Art.  1,  Sec.  23,....  578 

evidence,  printed  volumes. 

Acts,  Sec.  219 216 

grading,  paving,  etc.,  under 
special  ordinances. 

Ords.,  Art.  35,  Secs.  89 
90 1125 

legal  sufficiencv  and  form. 

Ords.,  Art'.  35,  Sec.  89,..1125 

Mayor  to  enforce. 

Acts,  Sec.  22 102 

not  to  conflict  with  powers  of 
Board  of  Police  Commis- 
sioners. 

Acts,  Sec.  6 65 

notice  of  application  of 
passage  of  relating  to 
sewers. 

Acts,  Sec.  821 506 

— before  acting  under  in 
case  of  sewers. 

Acts,  Sec.  822 506 

ordaining  phrase. 

Acts,  Sec.  220 217 


ORDINANCES. 


ORDINANCES. 


1519 


Page 

ORDINANCES  AND 
RESOLUTIONS.— (Cont’d). 
printing,  binding,  etc. 

Ords.,  Art.  29,  Sec.  10,  1010 

readings  of  in  each  branch, 
proviso. 

Acts,  Sec.  221 218 

reconsideration  of. 

Acts,  Sec.  23 102-103 

sewers,  construction,  open- 
ing, etc.,  of,  power  to  pass 
necessary  ordinances. 

Acts,  Sec.  818 505 

subject  of  to  be  described  in 
title. 

Acts,  Sec.  221 218 

veto  by  Mayor,  effect  of. 

Acts-,  Sec.  23 102 

vote  necessary  to  pass. 

Acts,  Sec.  221 217 

when  to  become  law  without 
Mayor’s  signature. 

Acts,  Sec.  23 102-103 


ORDINANCES  RELATING 
TO  STEAM  RAILROADS, 


Baltimore  and  Ohio  Rail- 
road Co. 

1031-1032 

Baltimore  Belt  Railroad 
Co. 

1032 

Baltimore  and  Port  De- 
posit Railroad  Co. 

1034 

Baltimore  and  Potomac 
Railroad  Co. 

1034 

Baltimore  and  Susquehan- 
na Railroad  Co. 

1033-1034 

Maryland  and  Pennsyl- 
vania Railroad  Co. 

1033 

Md.  Del.  & Virginia  R. 

R.  Co. 

1033 

Northern  Central  Railway 
Co. 


.1033 


Philadelphia  Baltimore  and 
Washington  Railroad  Co. 

1034 


Page 

ORDINANCES  RELATING 
TO  STEAM  R.  R.— (Cont’d). 

Philadelphia,  Wilmington 
& Baltimore  Railroad 
Co. 

1034 

Union  Railroad  Co. 

1034 

Western  Maryland  Rail- 
road Co. 

1035 

Western  Marjdand  Tide- 
water Railroad  Co. 

1035 

Western  Mar}dand  Rail- 
road Terminal  Co. 

1035 


ORDINANCES  RELATING 
TO  STREET  RAILWAYS, 

Baltimore  Terminal  Co. 

1035 

Maryland  Electric  Rail- 
way Co. 

1035 

United  Railways  and  Elec- 
tric Co. 

1035-1039 

— Baltimore  and  Hall 
Springs  Passenger  Rail- 
way Co. 

1036 

— Baltimore  and  Harford 
Turnpike  Road  Co. 

1036 

— Baltimore  and  Herring 
Run  Railroad  Co. 

1036 

— Baltimore  and  Northern 
Electric  Railway  Co. 

1036 

— Baltimore  and  Powhatan 
Railway  Co. 

1036 

— Baltimore  and  Randalls- 
town  Horse  Railway 
Co. 

1036 

— Baltimore  and  Yorktown 
Turnpike  Railway  Co. 

1036 

— Baltimore,  Canton  and 
Point  Breeze  Railway 
Co. 

1036 

— Baltimore  Catonsville  and 
Ellicott’s  Mills  Passen- 
ger Railway  Co. 

1036 


ORDINANCES. 


OWNERS. 


1520 


Page 

ORDINANCES  RELATING  TO 

STREET  RAIUWS.— (Cont’d). 

— Baltimore  City  Passenger 
Railway  Co. 

1037 

—Baltimore  Consolidated 
Railway  Co. 

1037 

— Baltimore,  Halethorpe 

and  St.  Denis  Railway 
Co. 

1037 

— Baltimore,  Highlandtown 
and  Riverview  Railway 
Co. 

1037 

— Baltimore,  Peabod\* 
Heights  and  Waverly 
Railroad  Co. 

1037 

— Baltimore,  Pimlico  and 
Pikesville  Railway  Co. 

1037 


-Baltimore  Traction  Co. 


..1037 


-Baltimore  Union  passenger 
Railway  Co. 


..1038 


— Central  Cross  Town  Line. 


. 10o8 


— Central  Railway  Com- 
pany. 


1038 


-Citizen’s  Railway  Co. 


..1038 


-City  and  Suburban  Rail- 
way Co. 


. 1038 


-Columbia  and  Maryland 
Railway  Co. 


..1038 


— Edmondson  Avenue,  Ca- 
tonsville  and  E 1 1 i c o 1 1 
City  Electric  Railway 
Co. 


..1038 


— Falls  Road  Electric  Rail- 
way Co. 


..1039 


-Highlandtown  and  Point 
Breeze  Railway  Co. 


.1039 


-Monumental  City  Passen- 
ger Railway  Co. 


..1039 


— North  Avenue  Railway 
Co. 


Page 

ORDINANCES  RELATING  TO 
STREET  RAIL’WS.— (Cont’d). 
— North  Baltimore  Passenger 
Railway  Co. 

.1039 

— Park  Railway  Co. 

1039 

— Patterson  and  Druid  Hill 
Parks  Railway  Co. 

1039 

— Peoples  Passenger  Rail- 
way Co. 

1039 

— Peoples  Railway  Co. 

1039 

ORPHANS’  COURT, 

Acts,  Secs.  352,  353,  381, 

382 281,  291,  292 

bailiff  of,  per  diem  of. 

Acts,  Sec.  353 281 


blind,  recommendation  of  by 
judges. 

Acts,  Sec.  397 296 

per  diem  of  judges  of. 

Acts,  Sec.  352 281 

sessions  of  court. 

Acts,  Sec.  352 281 


..1039 


stenographer  for,  appoint- 
ment, duties  and  compensa- 
tion. 

Acts,  Sec.  381 291-292 

vagrant  and  disorderly  mi- 
nors; concurrent  jurisdic- 
tion with  Criminal  Court 
and  Justices  of  the  Peace. 

Acts,  877 557 

ORPHANS  ASYLUMN, 

water  rates  for. 

Ords.,  Art.  41,  Secs.  58 

61 1219 

OWNERS, 

carriages,  owners  of;  license 
numbers  provided  by. 

Ords.,  Art.  41,  Sec.  79,. .1225 

dogs,  owners  of;  fee  when 
claiming  seized  dog. 

Ords.,  Art.  41,  Sec.  23,  1204 

property  owners. 

— agreement  with,  vendors 
from  vehicles. 

Ords.,  Art.  4,  Sec.  35,..  692 


OWNERS. 


1521  PARK  COMMISSIONERS. 


Pas^e 

OWNERS.— (Cont’d). 

— bowling  alleys,  etc.,  assent 
of,  necessary. 

Ords.,  Art.  41,  Sec.  5,  1197 
— connection  with  new  Sew- 
erage System  to  be  made 
by. 

Acts,  Sec.  §824g 516 

vehicles,  owners  of. 

(See  '‘‘‘Vehicles.''*) 

who  may  sign  application  for 
grading,  paving,  etc.,  a«. 

Ords.,  Art.  35,  Sec.  57,  1111 

whom  considered  owners  in 
opening,  etc.,  streets,  etc. 
Acts,  Sec.  830 524 


OYSTER  AND  CLAM 
SHELLS, 

See  '‘‘‘Health." 

Ords.,  Art.  14,  Sec.  119 

832-833 


OYSTERS, 

fees  for  measuring,  buyer  and 
seller  to  pay. 

Acts,  vSec.  735 443 

hawking  or  peddling  regulat- 
ed. 

Ords.,  Art.  14,  vSec.  64,  816 


licensed  measurer. 

Acts,  Sec.  735 443 

oath  of  measurer. 

Acts,  Sec.  735 443 


packers  and  dealers,  deposit 
of  oyster  shells  by. 

Ords.,  Art.  14,  ,Sec.  119,  833 

penalty  for  sales  without 
measurement. 

Acts,  Sec.  735 443 


PACKERS  AND  BUTCHERS, 

keeping  of  hogs. 

Ords.,  Art.  14,  vSec.  198, 

865-866 


PAPER  BOOK, 

of  evidence  or  brief,  not 
required. 

Acts,  Sec.  301 261 


Page 

PARADES  IN  STREETS, 

application  for  permit  for, 
unlawful  without  permit, 
penalty. 

Ord.,  Art.  25,  Sec.  109...,  995 

bands,  drum  corps,  etc., 
permit  for  parades  of  after 
six  P.  M.,  penaltv. 

Ords.,  Art.  25,' Sec.  110..  995 

note 994 

political  or  other,  unlawful 
without  permit,  transparen- 
cies prohibited,  penaltv. 

Ords.,  Art.  25,  Sec.'l08._  994 

PARENTAL  SCHOOL, 

See  "Schools." 

Ords.,  Art.  32,  Secs.  23- 

27.. 1051-52 

PARK  AVENUE, 

agreement  relating  to  paving 
in. 

Ords.,  Art.  24,  Sec.  3....  955 

dirt,  ice,  sand,  snow,  not  to 
be  deposited  on  space  formed 
by  Liberty  and  Fayette 
streets  and. 

Ords.,  Art.  25,  Sec.  38....  971 

improvement  and  mainte- 
nance of  square  in. 

Ords.,  Art.  24,  Sec.  4 955 

PARK  COMMISSIONERS, 
BOARD  OF, 

automobiles  in  parks  and 


squares. 

Acts,  vSec.  93 149 

conservators  of  peace;  Board 
to  have  power  of. 

Acts,  Sec.  94 150 

fines — Board  may  impose  to 
preserve  peace. 

Acts,  vSec.  92 149 

juri.sdiction  and  powers. 

Acts,  Secs.  91-97 149-51 

maintenance  of  parks,  to 
employ  labor  therefor. 

Acts,  vSec.  97 151 


night  w'atchmen  to  be  em- 
ployed by,  authority  of. 
Acts,  vSec.  98 


151 


PARK  COMMISSIONERS.  1522  PARKS  AND  SQUARES. 


Page 


PARK  COMMISSIONERS, 
BOARD  OF.  -(Cont’d). 
park  fund,  control  of  limited. 

Acts,  Sec.  97 151 

police  in  parks,  control  of. 

Acts,  Sec.  95 150 

powers  and  jurisdiction  in 
relation  to  park  system. 

Acts,  Sec.  6 64 

Acts,  Sec.  91 149 

rights  vested  in,  defined. 

Acts,  Sec.  6 63 

rules  governing  parks,  power 
to  make. 

Acts,  Sec.  92 149 

secretary,  salaries,  duties. 

Acts,  Sec.  90 148 

speed  of  vehicles  in  parks. 

Acts,  Sec.  93 149 

term  of  office. 

Acts,  Sec.  90 148 

zoological  collections  in  parks. 

Acts,  Sec.  96 150 

PARK  FUND, 

Board  of  Park  Commissioners 
to  control. 

Acts,  Sec.  97 151 


PARK  IMPROVEMENT 
LOAN, 

See  ‘ '‘Parks  and  Squares.  ’ ’ 

PARK  POLICE, 

See  Police  Commissioners." 

PARK  TAX, 

accounts  and  books  of  railway 
companies;  examination  of. 
Acts,  Sec.  798 492-93 

car  fare  registers;  examina- 
tion of. 

Acts,  Sec.  798 492-93 

certification  of;  fraud  in,  to 
be  a misdemeanor;  penalty. 
Acts,  Sec.  800 493 

collection  of,  penalties. 

Acts,  Sec.  798 492-93 

default  in  payment  of. 

Acts,  Sec.  799 


Page 

PARK  TAX.— (Cont’d). 
false  certification  of  nine  per 
cent. 

Acts,  Sec.  800 493 

gross  receipts. 

Acts,  Sec.  797 492 

obstruction  of;  examination 
of  accounts  of  railways. 

Acts,  Sec.  798 492-93 

Park  Improvement  Loan, 
interest  on. 

Acts,  Sec.  §736e 447 

penalty  for  default  in  pay- 
ment. 

Acts,  Sec.  799 493 

— for  false  certification  of  tax. 

Acts,  Sec.  800 493 

street  railways  in  annex — 
modification  of  tax  pay- 
able by  such  railways; 
Board  of  Estimates  to 
assent  in  ordinance  grant- 
ing modification  of  tax. 

Acts,  Sec.  §800a  ...  494-95 

— scale  of  modifications; 
period  during  which  modi- 
fications are  effective. 

Acts,  Sec.  §800a 495 

PARKS  AND  SQUARES, 

bonds  for  purchase  of  land 
for. 

Acts,  Sec.  739 444 

buildings  on  Mt.  Vernon 
Place,  height  of. 

Acts,  Sec.  §739a 444 

certificates  of  stock;  Board  of 
Park  Commissioners  to  re- 
ceive. 

Acts,  Sec.  737 444 

condemnation  of  property  for. 

Acts,  Sec.  6 48-49 

department  of  public — 

— composition  of. 

Acts,  Sec.  90 109 

— Board  of  Park  Commission- 
ers appointment,  presi- 
dent. 

Acts,  Sec.  90 148 

free  entrance  tickets  to  zoo- 
logical collection. 

Acts,  Sec.  736 443 


493 


PARKS  AND  SQUARES. 


1523  PARKS  AND  SQUARES. 


Page 

PARKS  & SQUARES.— (Cont’d). 


general  powers. 

Acts,  Sec.  6 63 

heights  of  buildings  on  Mt. 
Vernon  Place. 

Acts,  Sec.  §739a 445 


ice  and  snow,  removal  of. 

Ords.,  Art.  36,  Sec.  l5...1145 

interest  on  bonds,  annual  tax 
for. 

Acts,  Sec.  739 444-45 

loan  for;  issue  of  $5, 000,000 
of  city  stock  to  improve. 

Acts,  Sec.  824 506-7 

Mt.  Vernon  Place — height  of 
buildings  on. 

Acts,  Sec.  §739a 445 

— porticos  in,  regulated. 

Ords.,  Art.  24,  Sec.  2 955 

new’  parks  in  southw'est  sec- 
tion. 

Acts,  Sec.  739 444-5 

order  in,  preservation  of; 
Park  Commis.sioners  may 
impose  fines,  etc.,  to  pre- 
serve. 

Acts,  Sec.  92 149 

ordinance,  June  21,  1860. 

Acts,  Sec.  6 63 

Park  Avenue — 

— agreement  relating  to  pav- 
ing in. 

Ords.,  Art.  24,  Sec.  3 955 

— improvement  and  main- 
tenance of  square  in. 

Ords.,  Art.  24,  Sec.  4 955 

Park  Improvement  Loan. 

— acquisition  of  property. 

Acts,  Sec.  §739c 446 

— Appeals  to  Baltimore  City 
Court. 

Acts,  Sec.  §739c 446 

—application  of  proceeds  of. 

Acts,  Sec.  §739b 445-6 

— approval  of  voters. 

Acts,  Sec.  §739b ...445-6 

— condemnation  of  property. 

Acts,  Sec.  §739c 446-7 

— expenditure  of  proceeds 
of. 

Acts,  Sec.  §739f 447 


Page 

PARKS  & SQUARES.— (Cont’d). 
— interest,  rate  of. 

Acts,  Sec.,  §739b 445-6 

— interest,  payment  of. 

Acts,  Sec.  §739e.... 447 

— Municipality  free  from 
restrictions. 

Acts,  Sec.  §739d  447 

— note 445 

— notice  to  owners  in  con- 
demnations. 

Acts,  Sec.  §739c 446-7 

— powers  to  acquire  prop- 
erty. 

Acts,  Sec.  §739c 446-7 

— restrictions,  municipality 
exempt  from. 

Acts,  Sec.  §739d 447 

— stock  issues  for  extension 
of  park  system. 

Acts,  Sec.  §739b 446-7 

public  conveyances  in. 

Acts,  Sec.  93 150 

public  view  not  to  be  ob- 
structed; penalty. 

Ords.,  Art.  24,  Sec.  1....  954 

recovery  and  accounting  of 


penalties. 

Ords.,  Art.  24,  Sec.  5 ....  956 

redemption  of  bonds  for. 

Acts,  Sec.  739 445 

. resolution  June  4,  1860. 

Acts,  Sec.  6 63 

rules  and  regulations  for. 

Acts,  Sec.  6 64 

seal  of  Board  of  Park  Com- 
missioners to  certificates. 

Acts,  Sec.  737 444 

sinking  fund. 

Acts,  Sec.  739 445 

speed  of  vehicles  in. 

Acts,  Sec.  93 149 

subscription  in  aid  of. 

Acts,  Sec.  737 444 

Washington  Monument, 
height  of  buildings  in  vicin- 
itv  of. 

' Acts,  Sec.  §739a 445 


zoological  collection. 

Acts,  Sec.  736 


. 443 


PAVEMENTS. 


PARTITION  FENCES.  1524 


Page 

PARTITION  FENCES, 

See  '"Buildings;"'  sub-title 
‘ "Fences." 

PARTNERS  OF  AUCTION- 
EERS, 

See  ' " A uctioneers.  ’ ’ 

designation  in  writing  re- 


quired. 

Acts,  Sec.  257 237 

PARTY  AFFILIATION, 

primary  elections  in  city. 

App.  C,  Sec.  1 1273 

registrations  for  primary 
elections  for  Mayor,  etc. 

App.  C,  Sec.  2 1275 

PARTY  WALLS, 

See  ""Buildings," 


PASSENGERS  AT  QUARAN- 
TINE HOSPITAL, 

maintained  at  expense  of 
master. 

Ords.,  Art.  14,  Sec.  171, 
853-854 

PASSENGER  RAILWAYS, 

See  ""Railroads  and  Rail- 
ways." 

PASSAGE-WAYS  OR  AISLES, 

See  ""Buildings"  and  ""Fire 
Regulations . ’ ’ 

PASSENGER  TRAIN  STOPS, 

See  " "Railroads  and  Rail- 
ways. ’ ’ 

PASTURAGE  FOR  COWS, 

acreage  required;  penalt}^ 

Ords.,  Art.  14,  Sec.  35,  807 

PATAPSCO  RIVER  AND 
TRIBUTARIES, 


pollution  or  obstruction  of; 
penalt}-  for. 

Acts,  Sec.  6 51 

Ords.,  Art.  13,  Sec.  24..  782 

preservation  of  navigaiion  of. 

Acts,  Sec.  6 51 

surveys  and  charts  of. 

Acts,  Sec.  6 51 


Page 

PATENT  BALANCES  AND 
PLATFORM  SCALES, 

See  " "Inspections.,  Weights  and 
Measures.  ’ ’ 

inspection  and  stamping. 

Ords.,  Art.  17,  Sec.  13..  880 

PATIENTS  AT  QUARANTINE 
HOSPITAL, 

charges  for,  how  collected. 

Ords.,  Art.  14,  Sec.  173, 
855-856 

PATROL  WAGONS, 

See  ""Police  Commissioners." 

Police  Commissioners  to 
equip  and  maintain. 

Acts,  Sec.  770  472 

PAUPERS, 

See  ""  Charities-Supervisors  of 
City.  ’ ’ 


admission  to  almshouse  in 
emergency. 

Acts,  Sec.  108 160 

disorderly,  correction  of. 

Acts,  Sec.  112 160 

employment,  support,  treat- 
ment in  almshouse. 

Acts,  Sec.  109 160 


PAVED  STREETS, 

permits  for  digging  up. 

Ords.,  Art.  35,  Sec.  105, 
1131 

PAVEMENTS, 

See  " "Footways,  ’ ’ and " "Streets 
and  City  Engineer." 

cobblestone  prohibited. 

Ords.,  Art.  35,  Sec.  77, 

1120 

improved  pavements,  pro- 
tection of;  notice  of  contem- 
plated paving,  contents  of 


notice. 

Acts,  Sec.  86B 145 

— permits  for  tearing  up. 

Acts,  Sec.  86C 146 


obstruction  of,  by  goods  being 
inspected,  penalty. 

Ords.,  Art.  17,  Sec.  3....  876 


PAVEMENTS. 


PAWNBROKERS. 


1525 


Page 

PAVEMENTS.— (Cont’d). 
selection  by  owners;  when 
authorized. 

Ords.,  Art.  35,  Sec.  61, 
1112 

washing  of.  Water  Board  may 
prohibit,  penalty. 

Ords.,  Art.  41,  Sec.  71, 
1222 

water  stops  to  be  marked  in. 
Ords.,  Art.  40,  Sec.  31. 
1187 

PAVING,  GRADING,  ETC., 
STREETS, 

See  '‘'‘Grading,  Paving,  etc., 
Streets,"''  "Streets  and  City 
Engineer,  ’ ’ a^id  ‘ 'Streets, 
Bridges  and  Highways," 
sub-title  "Paving  Commis- 
sion. 

Acts,  Sec.  6 74 

Annex,  streets  in. 

"Streets,  Bridges,  and 
Highways,"  " Annex  Im- 
provement Loan.  ” ) ■ 

footways  of. 

Ords.,  Art.  35,  Sec.  31 102 

commission  and  loans  for. 

{See  "Streets,  Bridges  and 
Highways."') 

markets,  paving  in. 
permits  required;  penalty. 

Ords.,  Art.  23,  Secs.  53- 


54 935 

North  Avenue. 

Acts.  Sec.  8.38 527-8 


Paving  Streets, 

— C.  & P.  Telephone  Co.,  to 
replace  under  supervision 
of  City  Engineer. 

Ords  , Art.  9,  vSec.  21 726 

— collection  of  tax  for  re- 
pairs. 

Ords.,  Art.  35,  vSec.  23... .1099 
— levy  by  City  Engineer  for 
cost  of  repairs. 

Ords.,  Art.  35,  Sec.  23.... 1099 
— ^notice  of  di.stress  for — for 
tax. 

Ords.,  Art.  35,  vSec.  24....1099 
— j)avment  of  contractor. 

Ords.,  Art.  35.  vSec.  17. ...1096 


Page 

PAVING,  GRADING,  ETC., 
STREETS.— (Cont’d). 

Paving  Streets. — (Cont’d). 

— protection  of  new  paving 
from  street  washing,  etc., 
penalty. 

Ords.,  Art.  25,  Sec.  116..  996 
— selection  of  materials  for. 
Ords.,  Art.  35,  Secs.  78- 
80 1120,  1121 

Tax  For, 

— assessment  to  cover  cost  of 
paving,  etc. 

Ords.,  Art.  35,  Sec.  74....1119 
— bills  for,  delivery  of. 

Ords.,  Art.  38,  Sec.  29.... 

1166,  1167 

— collection  of  by  City  Col- 
lector. 

Ords.,  Art.  35,  Sec.  76....1120 

PAWNBROKERS, 

See  " Licenses'''  s ub  -title 
‘ 'Pawnbrokers.  ’ ’ 

Ords.,  Art.  41,  Sec.  31....1207 

advertisement  of  names  of  li- 
censed pawnbrokers. 

Ords.,  Art.  41,  Sec.  35....1209 

articles  pawned;  provisions 
relating  to  sale  of. 

Ords.,  Art.  41,  Sec.  32.... 

1207,  1208 

bonds  of. 

Ords.,  Art.  41,  Sec.  30.... 

1206,  1207 

hours  of  business ; place  of 
business  to  be  stated  in  li- 
censes. 

Ords.,  Art.  41,  Sec.  29..  . 1206 

information  against. 

Ords.,  Art.  41,  Sec.  35....1209 

license  for. 

Acts,  Sec.  6 61 

— cost  of ; term  of. 

Ords.,  Art.  41,  Sec.  28.... 

1205,  1206 

— to  whom  denied  ; annul- 
ment of. 

Ords.,  Art.  41,  Sec.  36.. ..1209 

rates  of  charges  allowed. 

Ords.,  Art.  41,  Sec.  33....1208 


PAWNBROKERS. 


penaeties. 


1526 


Page 

P A WNBROKERS.— ( Cont  ’ d ) . 
regulations  for — violation  of  ; 
penalty. 

Ords.,  Art.  41,  Sec.  37....1209 

sale  of  pledges — provisions 
relating  to  sale, 

Ords.,  Art.  41,  Sec.  32.... 

1207,  1208 

suits  against. 

Ords.,  Art.  41,  Sec.  34.... 

1208,  1209 

transactions  with  ; records  of. 

Ords.,  Art.  41,  Sec.  31...  1207 

violation  of  provisions  relat- 
ing to,  penalty  for. 

Ords.,  Art.  41,  Sec.  37....1209 

PAYMASTER  OF  STREET 
CLEANERS, 

See  ''‘Commissioner  of  Street 
Cleaning.  ’ ’ 

duties,  bond. 

Ords.,  Art.  36,  Sec.  16....1146 

PAYMENT  INTO  COURT, 

damages  for  opening,  etc., 
streets,  when  allowed. 

Acts,  Sec.  827 521 

PAY  OF, 

Disabled  Firemen, 

sickness,  no  deduction  for. 

Ords.,  Art.  11.  Sec.  9 739 

Firemen, 

Ords.,  Art.  11,  Sec.  3 736 

Jurors, 

See  '‘'Jurors." 


Acts,  Sec.  621 373 

PAYROLLS  OF  CITY, 

Comptroller  to  examine  and 
approve. 

Ords.,  Art.  6,  Sec.  4 700 

PEABODY  INSTITUTE, 

Art  Commission — to  appoint 
member  of. 

Acts,  Sec.  201 207 


PEABODY  INSTITUTE. 

— (Cont’d). 

ordinances  and  resolutions 
to  receive  copy  of. 

Ords.,  Art.  1,  Sec.  26 579 

surrender  to  city  of  $500,000 
of  city  stock  in  exchange 
for  new  stock  of  city  to 
same  amount  to  constitute 
fund  of  said  institute. 

Acts,  Sec.  816 503 

PEABODY  PRIZES, 

distribution  of. 

Ords.,  Art.  32,  Sec,  14.... 

1047-8 

PEARLAND  PINE  STREETS, 

market  regulations  for. 

Ords.,  Art.  23,  Sec.  97....  948 

PEAS  AND  BEANS  IN  HULL, 

standard  barrel  for  measure- 
ment of. 

Acts,  Secs.  532-534....336-337 

PECK  AND  BUSHEL  MEAS- 
URES, 

dimensions,  penalty. 

Ords.,  Art.  17,  Sec.  9....878-9 

PEDDLERS, 


license  of. 

Acts,  Sec.  6 61 

permits  to  peddle — Mayor  to 
grant. 

Acts,  Sec.  6 65 


PEDDLING  OYSTERS, 

regulation  of. 

Ords.,  Art.  14,  Sec.  64....  816 

PENALTIES, 

See  "Fines,  Forfeitures  and 
Penalties' ' and ' ' Vehicles ' 
Acts,  Sec.  438 304 

auctioneer  and  auction  sales. 

{See  ' 'A uctioneers. ' ' ) 

thieves  and  pickpockets  at 
railway  stations,  ferry  boats 
and  other  public  places. 

Acts,  Secs.  783,  784....484-486 


PENSION  FUNDS. 


PERMITS. 


1527 


Page 

PENSION  FUNDS  OF  PO- 
LICE, 

See  ''Special  Police  Fund.''’ 

PENS  AND  SCALES  FOR 
CATTLE, 

Baltimore  and  Ohio  Railroad 
pens  and  pens  of  State, 
driving  cattle,  etc., between. 
Ords.,  Art.  25.  Sec.  23.... 

966-7 

PENSIONS, 


disabled  firemen,  and  widow’s 
and  children  of  firemen. 

Acts,  Sec.  70 138 

Fire  Department,  firemen  and 
widows  and  children  of. 

Acts,  Sec.  445 307 


PERCH,  WHITE, 

See  "Fish." 

PER  DIEM, 

See' ' Commissioners  for  Open- 
ing Streets" and  ' 'Sewers. ' ’ 

assessed  as  costs  in  sewer  con- 
demnations. 

Ords.,  Art.  33,  Sec.  19..  1072 

Jurors, 

See  " Juror s.’’’’ 

Acts,  Sec.  622 373 

PERISHABLE  AND  MOV- 
ABLE CITY  PROPERTY, 

See  " Librarian 

Ords.,  Art.  21,  Secs.  1-4, 

904-06 

PERISHABLE  ARTICLES  ON 
WHARVES, 

removal  and  sale  of. 

Ords.,  Art.  13,  Sec.  13....  777 

PERMITS, 

See' ' Advertisements y ’ ‘ 'Build- 
ings. ' ’ ‘ 'Health. ' ’ Inspector 
of  Buildings'"'  and  "Streets 
and  City  Engineer." 

awning  flaps,  figures  and 
structures;  when  permits 
are  revocable. 

Ords.,  Art.  1,  Sec.  13, 
575-576 


Page 

PERMITS.— (Cont’d). 
building. 

i^See  "Buildings."') 

Ords.,  Art.  3,  Sec.  5, 

,....600-1 

— bath  rooms,  bay  windows, 
porches,  etc. 

Ords.,  Art.  3,  Secs.  13- 

22 604-607 

— grade  line  of  streets  to  be 
established  before  same 
to  be  issued. 

Ords.,  Art.  35,  Secs. 

50-53 1108-1109 

— required  from  Appeal  Tax 
Court;  penalty. 

Ords.,  Art.  38,  Sec.  17, 

1161-1162 

Sec.  19, 1162 

— taxes  to  be  paid  before  Ap- 
peal Tax  Court  may 
issue. 

Acts,  Sec.  §280a 253 


burial  permits. 

Ords.,  Art,  14,  Sec.  184.  860 


cess-pools,  draining  of. 

Ords.,  Art.  14,  Sec.  145..  841 

dead  bodies,  conveyance  of. 

Ords.,  Art.  14,  Sec.  187..  861 

digging  up  streets. 

{^See  "Streets  and  City  Engi- 
neer. ' ' ) 

Ords.,  Art.  35,  Secs.  104- 
109 1131-34 

fireworks. 

— Mayor  may  grant. 

Ords.,  Art.  11,  Sec.  57..  756 

keeping  cows. 

Ords.,  Art.  14,  Secs.  33- 
37 806-808 

manufacture  of  oils. 

— application  for,  publication 
of,  penalty. 

Ords.,  Art.  11,  Sec.  84..  766 

pavements,  tearing  up  im- 
proved . 

Acts,  Sec.  86C 146 

peddling. 

{^See  "Peddlers.") 

Acts,  Sec.  6.... 


65 


PERMITS. 


PHYSICIANS. 


1528 


Page 

PERMITS.- (Cont’d). 
poles,  etc. 

— Mayor  may  revoke  permit 
and  order  removal  of 
poles,  etc. 

Art.  1,  Sec.  13 575 

— penalty  for  neglect  of  re- 
moval . 

Ords.,Art.l,Sec.  13.575-576 

privies,  opening  of. 

Ord.,  Art.  14,  Sec.  144, 

841 

revocation  of  by  Mayor. 

Ords.,  Art.  1,  Sec.  13, 

575-576 

sign-posts,  signs  ; when  per- 
mits therefor  revocable. 

Ords.,  Art.  1,  Sec.  13, 

575-576 

street  auctions ; Maj'or  may 
issue  permits  for. 

Ords.,  Art.  2,  Sec.  2 589 

telegraph  and  other  poles; 
when  permits  for  revocable. 
Ords.,  Art.  1,  Sec.  13, 

575-576 

water. 

— dwellings,  use  for  power 
in . 

Ords.,  Art.  41,  Sec.  54, 

1218 

PERSONAL  PROPERTY, 

assessment  of  bv  Appeal  Tax 
Court. 

Acts,  Sec.  158 179 

^exemptions  from  taxation. 

Ords.,  Art.  38,  Secs.  7-9 

1157-1159 

To-wners  moving  into  city  to 
R've  account  of,  to  Appeal 


Tax  Court. 

Acts,  Sec.  158 179 

Taxes  on,  when  in  arrear. 

Acts,  Sec.  40 121 


PERSONATING  POLICEMEN 
SHERIFF,  ETC. 

penalty  for;  to  be  a mis- 
demeanor. 

Acts,  Sec.  785 .... 


Page 

PEST  HOUSES, 

erection  and  regulation  of. 

Acts,  Sec.  6 54 

PETIT  JURY, 

See  '‘'Jurors.'" 

PETITIONS, 

See  ' 'Appeals;''''  "Appeal  Tax 
Court "A ssessments  ; ’ ’ 

‘ ‘ Buildings  ; ” “ Commis- 
sionersfor  Opening  Streets' ' 

' ' Condemnaiio7i  of  Prop- 
erty;' ' ' ‘ Courts;' ' ‘ ‘ Opening, 
etc.,  Streets;''  "Taxes." 

appeal  from  assessments. 


Acts,  Sec.  170 184 

PETROLEUM  PRODUCTS, 

fixing  standard  of. 

Acts,  Sec,  6 51 

inspection  of. 

Acts,  Sec.  6 51 

PETTY  LARCENY. 

penalty  for. 

Acts,  Sec.  331 276 

PIER  OR  BULKHEAD  LINES, 

See  "Harbor,  Docks  and 
Wharves.'' 

Acts,  Sec.  6 51 


PHOTOGRAPHS  OF  CITY, 

buildings,  monuments,  etc.. 
Librarian  to  have  made. 

Ords.,  Art.  21,  Sec.  8....  907 

PHYSICIANS  TO  POLICE 
FORCE, 

See  "Police  Commissioners." 

PHYSICIANS, 

attending  cases  of  communic- 
able diseases. 

App.  B,  Sec.  2 1265 

births  to  be  reported. 

Ords.,  Art.  14,  Sec.  188..  862 

death  certificates,  attending 
physician  to  furnish. 

Ords.,  Art.  14,  Sec.  181, 

858-859 

false  statements  by;  penalty. 

App.  B,  Sec.  4 1267 


486 


PICKPOCKETS. 


PISTOES,  TOY. 


Page 


1529 


Page 

PICKPOCKETS, 

See  ‘ ‘ Thieves  and  Pick- 
pockets. ’ ’ 

PIANOS, 

band  organs,  etc.,  not  to  play 
after  10.30  p.  m..  penalty. 
Ords.,  Art.  25,  Sec.  Ill, 

995 

PIAZZAS  AND  PORCHES, 

(^See  '‘'Buildings.'''^ 

Ords.,  Art.  23,  Secs.  13- 
22 604-607 

PICTORIAL  COLLECTION, 

(^See  '' Librarian 

showing  history  and  growth 
of  city. 

Ords.,  Art.  21,  Secs.  6-9 

907 

— Librarian  to  collect  and 
develop. 

Ords.,  Art.  21,  Sec.  9..  907 

PIERS, 

See  ‘ ' Harbor  y Docks  and 
Wharves.  ’ ’ 

Ords.,  Art.  13,  vSecs.  4- 
5 773-774 

PIPES, 

gas- 

use  of  streets  by. 

Acts,  Sec.  6 80 

of  Avater  S3'stem — 
powers  of  Water  Board  to  lay. 
Ords.,  Art.  40,  Sec.  23...  1184 

1185 

— repair  of  by  Water  Board 
and  private  owners. 

Ords.,  Art.  40,  Sec.  26..1186 

PISTOLS  AND  FIREARMS, 

— address  of  purchaser,  etc., 
seller  to  record. 

Ords.,  Art.  25,  Sec.  80..  985 
defacing  marks  of  identi- 
fication, penalty. 

■ Ords.,  Art.  25,  Sec.  82..  986 
discharging  firearms  on 
vessels,  penalty, 

Ords.,  Art.  25,  Sec.  83....  986 
discharging  in  city,  pen- 
alty. 

Ords.,  Art.  25,  Sec.  83..  . 986 
firing  off  toy  pistols,  penalty. 
Ords.,  Art.  25,  Sec.  85.  ..  987 


PISTOLS  AND  FIRE- 
ARMS.—(Cont’d). 
gifts  or  loans  of,  under 
same  requirements  as 

Ords.,  Art.  25,  Sec.  79....  985 
identification,  marks  of. 

Ords.,  Art.  25,  Sec.  79....  985 
inspection  of  register  by 
Marshal  of  Police. 

Ords.,  Art.  25,  Sec.  80....  985 
loans  or  gifts,  same  restric- 
tions as  for  sales. 

Ords  , Art.  25,  Sec.  79....  985 
mark  of  identification 
affixed  when  sold  or 
loaned,  etc. 

Ords.,  Art.,  25,  Sec.  79..  985 
— penalty  for  obliterating. 

Ords.,  Art.  25,  Sec.  82....  986 
— seller,  donor,  etc.,  to 
record. 

Ords., 'Art.  25,  Sec.  80....  985 
name  and  residence  of 
purchaser,  donee,  etc., 
seller  to  record. 

Ords.,  Art.  25,  Sec.  80  ...  985 
obliterating  mark  of  identi- 
fication, penalty  for. 

Ords.,  Art.  25,  Sec.  82  ...  986 
penalties  for  violations  of 
provisions. 

Ords.,  Art.  25,  Sec.  81....  986 
regivSter  of  name  of  pur- 
chaser, mark  of  identi- 
fication, etc.,  seller  to 
keep. 

Ords.,  Art.  25,  Sec.  80....  985 
regulating  sales  of. 

Ords.,  Art.  25,  Sec.  78....  985 
report  of  sales,  seller  to 
make  monthly  to  Marshal 
of  Police. 

Ords.,  Art.  25,  Sec.  80....  985 
revolvers,  regulating  sales, 
gifts,  etc.,  of. 

Ords.,  Art.  25,  Sec.  78....  985 
sales  of,  regulating. 

Ords.,  Art.  25,  Sec.  78....  985 
toy  pistols,  disposal  of  in 
any  manner  unlawful, 
penalty. 

Ords.,  Art.  25,  Sec.  84  ...  987 
— firing  off,  penalty. 

Ords.,  Art.  25,  vSec.  85  ...  987 

PISTOLS,  TOY, 

See  ''Pistols  and  Fiiearms.'^ 


PLACES  OF  BUSINESS, 


PLUMBING. 


1530 


Page 

PLACES  OF  BUSINESS, 

privies  for  each  sex  required. 
Ords.,  Art.  14,  Sec.  158.. 

845,  846 


PLANS  AND  SP|ECIF1CA- 
TIONS, 

of  buildings — filing  with  In- 
spector of  Buildings. 

Ords.,  Art.  3,  Sec.  6 602 


PLASTER  AND  BUILDERS 
MATERIALS, 

See  '‘''Buildings." 
streets,  occupying  with,  po- 
lice regulations. 

Ords.,  Art.  25,  Sec.  74...  982 


PLATS  AND  MAPS, 

See  ‘ ‘ Topographical  Survey' ' 
op  City. 

Ords.,  Art.  39,  Secs.  1,  2, 

1171,  1172 

— copy  certified  by  clerk  of 
Superior  Court  to  be  evi- 
dence. 

Acts,  Sec.  842 547 


PLATS  OF  MARKETS, 

Comptroller  to  provide  same 
for  use  of  clerks. 

Ords.,  Art.  23,  Sec.  25....  927 


PLAYGROUNDS  FOR  CHIL- 
DREN, 

See  '''Health." 

Acts,  Sec.  §493a 321 

Ords.,  Art.  14.  Sec.  128.. 

835,  836 

PLEAS, 

declaration — filing  of  plea  to. 


Acts,  Sec.  309 264 

time  of  filing,  when  extended. 

Acts,  Sec.  312 266 

to  be  sworn  to. 

Acts,  Sec.  312 265 

when  to  be  filed. 

Acts,  Sec.  308 263 


Page 

PLUMBING, 

See  "Health"  and  "State 
Board  of  Commissioners  of 
Practical  Plumbing. ' ' 

Ords.,  Art.  14,  Sec.  129..  836 

State  Board  of  Commissioners 
of  Practical. 


— application  of  fees. 

Acts,  Sec.  513 327 

— appointment  of  Board. 

Acts,  Sec.  511 326 

— certificate  of  competency. 

Acts,  Sec.  511 327 

— compensation,  proviso. 

Acts,  Sec.  514 328 

— disposition  of  fees. 

Acts,  Sec.  512 327 

— duties. 

Acts,  Sec.  511 327 

— employing  incompetents, 
penalty. 

Acts,  Sec.  509 326 

—examination  fee. 

Acts,  Sec.  512 327 

— examination  of  applicants. 

Acts,  Sec.  511 327 

— expenses. 

Acts,  Sec.  513 327 

— fee  for  certificate,  ex- 
amination and  renewal. 

Acts,  Sec.  512 327 

— incompetents,  penalt}’  for. 

Acts,  Sec.  510 326 

— majority  of  Board  may  act. 

Acts,  Sec.  511 327 

— oath  of  office. 

Acts,  Sec.  514 328 

— penalty  for  employing 
incompetents. 

Acts,  Sec.  509 326 

— per  diem  of  Board. 

Acts,  Sec.  514 328 

— receipts,  application  of. 

Acts,  Sec.  513..... 327 

— register  of  plumbers. 

Acts,  Sec.  511 327 

— renewal  of  certificate. 

Acts,  Sec.  512 327 

— r e p o r t biennially  to 

Governor. 

Acts,  Sec.  515.. 328 

— rules  and  regulations. 

Acts,  Sec.  512 327 

— selection  of  members. 

Acts,  Sec.  511 327 

— term  of  office. 

Acts,  Sec.  514 328 


POISONING  DOGS. 


POLICE. 


Page 


1531 


Page 

POISONING  DOGS, 

penalty  for. 

drds.,  Art.  41,  Sec.  25.... 

1204,  1205 

POLES, 

See  ‘ 'Electrical  Commission 
and  Subways  ' "Licenses;" 
"Permits''^  and  "Fire  De- 
pariment.  ’ ’ 

Ords.,  Art.  41,  Sec,  38. ...1210 

exception  of  certain  poles 
from  license  provisions. 

Ords.,  Art.  41,  Sec.  43... .1213 

fire  alarm  telegraph — injury 
to,  penalt3^ 

Ords.,  Art.  11,  Sec.  31.... 

747-8 

telegraph  and  telephone — li- 
censes for  ; cost  of ; poles 
exempt. 

Ords.,  Art.  41,  Sec.  39  ... 

1210,  1211 

— list  of. 

Ords.,  Art.  41,  Sec.  38....1210 
— to  be  filed  by  owners; 
penalty’. 

Ords.,  Art.  41,  Sec.  42.... 

1212,  1213 

— notice  to  owners  to  furnish 
list  of. 

Ords.,  Art.  41,  Sec.  38....1210 
— penalties  for  failure  to 
comply  with  provisions 
of  code. 

Ords.,  Art.  41,  Sec.  42.... 

1212,  1213 

— furnish  list. 

Ords.,  Art.  41  Sec.  38....1210 
— permits  for  planting. 

Ords.,  Art.  35,  Secs.  105- 

106  : 1132,1133 

— tin  plates  for  ; record  of 
plates  and  licenses. 

Ords.,  Art.  41,  Sec.  39.... 

1210,  1211 

POLES  AND  WIRES, 

use  of  streets  bv. 

Acts,  Sec.'6 79-80 

POLICE, 

appropriations— for  disabled 
and  superannuated  police- 
men. 

Acts,  Sec.  6 64 

— for  widows  and  children  of 
policemen. 

Acts,  Sec.  6 


POLICE.— (Cont’d). 
building  permits. 

— exhibit  permit,  penalty  for 
refusal  when  requested 
by  police. 

Ords.,  Art.  25,  Sec.  7 963 

— officers  to  inquire  of  per- 
sons building,  for  permits. 


Ords.,  Art.  25,  Sec.  8 963 

exits  and  egress  from  build- 
ing ; nightly  examination 
of  by  police. 

Acts,  Sec.  280 252 

ferries,  officers  pass  free  when 
on  duty. 

Acts,  Sec.  437 304 


fire  regulations. 

— amusement  halls,  ai.sles  of 
to  be  kept  clear,  exits  to 
be  opened. 

Ords.,  Art.  25,  Sec.  35....  970 
— fire  shutters  and  doors, 
arrangement  and  closing 
of. 

Ords.,  Art.  25,  Sec.  32....  969 
— smoking  meats,  prohibit- 
ed, except  in  special 
buildings. 

Ords.,  Art.  25,  Sec.  33....  969 
— stairways,  explosives,  etc., 
under  and  obstruction  of, 
prohibited . 

Ords.,  Art.  25,  Sec.  34.... 

969-70 

gaming  ; to  give  information 


to  Mayor. 

Ords.,  Art.  12,  Sec.  4 

768,  769 

House  of  Good  Shepherd, 
Marshal  to  visit  and  inspect. 

Acts,  Sec.  518 332 

Justices  of  the  Peace;  bail, 
discretion  in  felonies  and 
misdemeanors. 

Acts,  Sec.  §278h 249 

— forfeiture  of,  before. 

Acts,  Sec.  §278k 249 

— recognizances ; delivery  of 
to  clerk  of  Criminal  Court. 

Acts,  Sec.  §278j 249 


lamps,  to  report  when  broken 
to  Superintendent  of  Lamps 
and  Lighting. 

Ords.,  Art.  20,  Sec.  23....  900 


64 


POLICE. 


1532  POLICE  COMMISSIONERS. 


Page 

POLICE.— (Cont’d). 
magistrates. 

(See  ‘ 'Justices  of  the  Peace.  ’ ’ ) 

markets — officers  to  preserve 
order  in. 

Ords.,  Art.  23,  Sec.  26.... 

927,  928 

marshal . 

(See" Police  Commissioners.  ’ ’) 


night  watchmen  in  parks, 
power  of. 

Acts,  Sec.  98 151 

officers — city  not  to  pay  fees 
to. 

Acts,  Sec.  639 383 

park  regulations  for  policing 
— Board  of  Park  Commis- 
sioners, powers  of. 

Acts,  Sec.  92 149 


patrol  telegraph — wires  of,  in 
conduits  of  C.  & P.  Tele- 
phone Co. 

Ords.,  Art.  11,  Sec.  35....  749 


powers — general  powers. 

Acts,  Sec.  6 64^ 

— ordinances  not  to  conflict 
with  powers  of  Board  of 
Police. 

Acts,  Sec.  6 65 

— power  to  preserve  order, 
etc. 

Acts,  Sec.  6 64 

service  of  criminal  process. 

Acts,  Sec.  640 384 


suppression  of  gaming ; pro- 
cedure ; penalty  for  resist- 
ing police. 

Ords.,  Art.  12,  Sec.  4 769 

vaccine  physician  of  ward  to 
attend. 

Ords.,  Art.  14,  Sec.9  798,799 

warrants,  writs,  subpoenas, 
etc.,  officers  of  police,  po- 
licemen and  detectives  to 
serve. 

Acts,  Sec.  640 


Page 

POLICE  COMMISSIONERS, 

See  ‘ 'Special  Police  Fund.  ’ ’ 


account  of  Treasurer. 

Acts,  Sec.  752  464 

annual  levy  for  expenses. 

Acts,  Sec.  747 459 


appointees  by  Board  to  be 
selected  or  rejected  without 
regard  for  religious  or  po- 
litical considerations. 


Acts,  Sec.  740 449 

appointments  to  police  force — 
only  those  on  graded  lists 
of  Police  Examiners  to  be 
eligible. 

Acts,  Sec.  745F 458 

arrests — immediate  examina- 
tion after  arrest ; females 
and  male  children  under  14. 

Acts,  Sec.  760 469 

Assistant  Secretary ; appoint- 
ment of  and  salary. 

Acts,  Sec.  743 450 


badges  of  newspaper  repre- 
sentatives, control  of. 

Ords.,  Art.  25,  Sec.  63  ...  978 

bills,  accounts  and  vouchers 
to  be  examined  by  Comp- 
troller. 


Acts,  Sec.  751 464 

Board  of,  appointment,  quali- 
fications. 

Acts,  Sec.  740 448 

bond  of;  approval  of  bond, 
record  of. 

Acts,  Sec.  740 448 

— may  be  required  of  mem- 
bers of  force. 

Acts,  Sec.  749 462 

— Treasurer,  bond  of. 

Acts,  Sec.  752  464 

certificates  of  indebtedness  to 
be  issued  to  meet  any  deficit 
incurred  in  conduct  of  de- 
partment. 

Acts,  Sec.  747 460 


charges  against  members  of 
police  force,  must  be  in 
writing,  notice  of  trial  to 
be  given. 

Acts,  Sec.  745F 458 


384 


POLICE  COMMISSIONERS.  1533  POLICE  COMMISSIONERS. 


Page 

POLICE  COMMISSIONERS. 

— (Cont’d). 

coal  law — enforcement  of. 

Acts,  Sec.  539A 339 

Commissioner  of  Health, 
police  to  execute  orders  of. 
Ords.,  Art.  25,  Sec.  36... .970 

concealed  weapons — carrying 
same  with  intent  to 
injure  any  person,  penal- 
ty, effect  of  act. 

Acts,  Sec.  762  469-470 

— penalty  for  carrying,  pro- 
viso relating  to  conserva- 
tors of  the  peace. 

Acts,  Sec.  761 469 

cost  collected  by  station-house 
justices,  application  of. 

Acts,  Sec.  646 386 

crimes  or  misdemeanors,  pen- 
alty. 

Acts,  Sec.  761 469 

detail  police  to  parks  and 
squares. 

Acts,  Sec.  95 150 

discipline  of  members  of 
force.  Board  may  dismiss 
or  otherwise  punish  infrac- 
tions of  its  rules  and  regu- 
lations. 

Acts,  Sec.  749 462 


Page 

POLICE  COMMISSIONERS. 

— (Cont’d). 

extra  compensation  to  police 
prohibited,  application  of 
funds  received  by  police, 
police  fund,  penalty  for 
violations. 

Acts,  Sec.  750 462 

families  of  men  on  police 
force,  relief  of. 

Acts,  Sec.  749 462 

fire  alarm  and  police  tele- 
graph and  other  police  prop- 
erty to  be  used  by  board. 

Acts,  Sec.  754  465 

funds  for  operation  of  Police 
Department,  powers  of 
Board  defined,  proviso. 

Acts,  Sec.  747  460 

gratuities  and  monies  paid 
police  to  be  turned  over  to 
police  fund. 

Acts,  Sec.  750 462-463 

House  of  Good  Shepherd, 
President  of  Board  to  visit 
and  inspect. 

Acts,  Sec.  518 332 

leave  of  absence  with  pay — 
duration  of  leave  to  be  un- 
affected by  enforced  ab- 
sence or  sickness. 

Acts,  Sec.  763 470 


display  of  insignia  or  emblems 
of  police  or  sheriff  un- 
authorized, penalty. 

Acts,  Sec.  785  486 

duties  of  the  Board — to  be 
conservators  of  the  public 
peace,  to  police  fires,  to 
protect  property  and 
strangers,  to  enforce  laws 
and  ordinances,  to  prevent 
breaches  of  peace,  to  appre- 
hend criminals,  to  enforce 
powers  and  duties  imposed 
by  this  Article. 

Acts,  Sec.  744 451-452 

drunk  or  disorderly  persons, 
penalty. 

Acts,  Sec.  761 469 

expenses  annual  estimate. 

Acts,  Sec.  747 459 


Long  Bridge. 

— arrest  on  or  under  said 
bridge. 

Acts,  Sec.  781 484 

— authority,  duties  and  jur- 
isdiction relating  to. 

Acts,  Sec.  781 484 


liquor,  sales  under  permits 
from. 

{See  "‘Licenses,"  Liquor 
Licenses. ) 

Marshal — clerk,  appoint- 


UlCllL,  UUllU,  5>iuai  V Ul. 

Acts,  Sec.  746 458-459 

— to  inspect  accounts  of 
pawnbrokers. 

Acts,  Sec.  692 422-423 


matrons  at  station-houses. 

— appointment  of  matrons 
and  superintendent  of 
matrons. 

Acts,  Sec.  765 470-471 


POLICE  COMMISSIONERS.  1534  POLICE  COMMISSIONERS. 


POLICE  COMMISSIONERS. 

— (Cont’d). 


— duties  o f matrons  and 
superintendent  of  ma- 
trons. 

Acts,  Sec.  767 471 

— recommendations  for  ap- 
pointment. 

Acts,  Sec.  766.. 471 

— rooms  for  at  station- 
houses. 

Acts,  Sec.  765 470-471 

— salaries  of  matrons  and 
superintendent  of  ma- 
trons. 

Acts.  Sec.  768 472 

— substitute  matrons. 

Acts,  Sec.  765 470-471 

— term  of  service  four  years; 
removal  of,  substitute 
matrons. 

Acts,  Sec.  766 471 


Mayor  and  City  Council  of 
Baltimore- -its  liability  or 
responsibility  unimpaired 
by  this  Act;  to  have  no  con- 
trol over  Board  or  mem- 
bers of  Police  Department. 

Acts,  Sec.  759 468 

militia — command  of  when 
called  out  by  Board  of  Po- 
lice Commissioners  or 
Sheriff. 

Acts,  Sec.  769 472 

— when  Board  may  call  out 
same;  military  force  to 
obey  orders  of  Board; 
penalty  for  refusal. 

Acts,  Sec.  748 461 

minutes  of  Board;  to  be  open 
to  inspection. 

Acts,  Sec.  741 449 

misconduct,  removal  for. 

Acts,  Sec.  740 448 

nominations  for  police;graded 
list  must  contain  name  of 
nominee. 

Acts,  Sec.  745F 458 

oath  of  Board  and  record  of 
same  by  Clerk  of  Superior 
Court. 

Acts,  Sec.  740 448-449 

old  Board  of  Police  Commis- 
sioners; present  Board  to 
succeed  to  its  rights,  prop- 
erty and  effects. 

Acts,  Sec.  754 465 


POLICE  COMMISSIONERS. 

— (Cont’d). 
officers  of  Board;  selection  of 


president. 

Acts,  Sec.  741 449' 

ordinances  not  to  conflict 
with  powers  of. 

Acts,  Sec.  6 65 


park  policemen — to  be  de- 
tailed on  request  of  Board 
of  Park  Commissioners; 
powers  of  such  policemen. 

Acts,  Sec.  758 467-468 

patrol  wagons;  Board  to  main- 

tain. 

Acts,  Sec.  770 472 

personating  policemen;  pen- 
alty. 

Acts,  Sec.  785 486 

physicians  to  police  force; 
appointment;  qualifications; 
chief  physician. 

Acts,  Sec.  771 473 

— duties. 

Acts,  Sec.  772 473 

— salaries  of  chief  physician 

and  his  assistants;  tenure 
of  office. 

Acts,  Sec.  773 473-474 

Police  Examiners;  {See  under 
‘ "Police  Examiners^  ’ ’ post  ) 

police  force;  composition  of 
force;  officers  and  men. 

Acts,  Sec.  745 453 

— to  be  enrolled,  armed  and 
equipped. 

Acts,  Sec.  745 452,453,454 


— not  to  perform  other  work 
or  duties;  purpose  of  this 
prohibition . 

Acts,  Sec.  §759a 468 

— to  hold  positions  during 
good  behavior;  removable 
for  cause  only. 

Acts,  Sec.  745F 458 

— to  be  instructed  to  inquire 
for  building  permits. 

Ords.,  Art.  25,  Sec.  8....  963 
— to  report  saloonkeepers 
violating  orders  of  Board. 

Acts,  Sec.  753 465 


police  patrol  boat — appoint- 
ment of  officers  for;  rank 
and  pay  of. 

Acts,  Sec.  778 


483 


POLICE  COMMISSIONERS.  1535  POLICE  COMMISSIONERS. 


Page 


POLICE  COMMISSIONERS. 

— (Cont’d). 

police  tax, — levy  of. 

Acts,  Sec.  747 459 

poll-books;  election  returns; 
printing  of  same — secretary 
to  perform  clerical  duties 
relating  thereto. 

Acts,  Sec.  742 450 

posse  comitatus, — sheriff  may 
summon. 

Acts,  Sec.  748 461 

power  to  hold  other  office. 

Acts,  Sec.  740 448 

President  of  Board  of,  to  be 
member  of  Board  of  Safety. 

Acts,  Sec.  68 137 


probation  officers;  appoint- 
ment, tenure  of  office  and 
pay  of  additional  probation 
officers. 


Acts,  Sec.  764 470 

proceedings  to  be  recorded 
by  Secretary  of  Board, 

Acts,  Sec.  751 463 

p r o p e r t y — and  effects  of 
Board,  -secretary  to  keep 
account  of. 

Acts,  Sec.  742 450 


— seized  or  found,  to  be  re- 
ported by  police  ; penal- 
ty for  failure  to  account 
for  and  surrender  such 
property ; Secretary  to 
have  custody  of  such 
property . 


Acts,  Sec.  755 466 

— to  be  held  and  used  by  the 
Board. 

Acts,  Sec.  754 465 

proviso  defining  and  limiting 
effect  of  provisions  of  City 
Charter. 

Acts,  Sec.  745 454 

races — detail  of  police  at  race 

tracks. 

Acts.  Sec.  774 474 


-record  of  proceeding ; duty  of 
Secretary ; General  Assem- 
bly, Mayor  and  City  Regis- 
ter may  inspect  same. 

Acts,  Sec.  751 


Page 

POLICE  COMMISSIONERS. 

— (Cont’d). 

registration  of  voters — detail 
of  police  at  registration  of- 
fices. 

Acts,  Sec.  775 474 

release  of  prisoners — police 
not  to  release  prisoners  ex- 
cept on  proper  authority. 

Acts,  Sec.  757 467 

report  of  proceedings  to  Gen- 
eral Assembly;  inspection  of 
record  by  General  Assem- 
bly. 

Acts,  Sec.  751 463 

requisitions  on  Comptroller 
for  funds  necessary  to  con- 
duct department. 

Acts,  Sec.  747 .....459,  460 

retired  policemen,  etc.,  ser- 
vices required  of  them ; 
penalties  Board  may  impose 
if  retired  member  is  leading 
an  immoral  life. 

Acts,  Sec.  756 467 

retirement  of  members  of  po- 
lice force ; powers  of  Board 
relating  to ; pre-requisites 
for  such  retirement,  service 
and  disability,  certificate  of 
disability. 

Acts,  Sec.  756 466,  467 

rewards  for  gallantry  by  nlem- 
bers  of  force. 

Acts,  Sec.  750 463 

rules  and  regulations  of. 

Acts.  Sec.  749 462 

— offenders  to  be  punished. 

Acts,  Sec.  749 462 

salaries  of — pay  able  quarterly. 

Acts,  Sec.  740 448 

— of  officers  and  men. 

Acts,  Sec.  745 453,  454 

saloons  may  be  closed  by 
Board  to  preserve  peace  ; 
penalty  for  failure  of  pro- 
prietors to  close  ; proprie- 
tors to  be  reported  to  Grand 
Jury  by  police. 

Acts,  Sec.  753 464,  465 

Secretary  to  Board — duties  ; 
bond ; salary. 

Acts,  Sec.  742. 


463 


450 


POLICE  EXAMINERS. 


POLICE  COMMISSIONERS.  1536 


POLICE  COMMISSIONERS. 

— (Cont’d). 

— to  take  charge  of  property 
seized  by  police. 

Acts,  Sec.  742 450 

special  fund.  (See  under 
"Special  Police  Fund.") 

Sheriff,  duties  relating  to 
preservations  of  peace;  posse 


coniitatus. 

Acts,  v®ec.  748 461 

station-house  justices  — ap- 
pointment of  substitutes. 

Acts,  Sec.  637 382 

station  houses  in  annex. 

— cost  of  to  be  paid  out  of 
special  fund. 

Acts,  Sec.  788 487 

— erection  of. 

Acts,  Sec.  786 487 

— ground  for — acquisition  of. 

Acts,  Sec.  786 487 

— cost  of. 

Acts,  Sec.  788 487 

— title  to. 

Acts,  Sec.  787 487 

succession  in  office  of. 

Acts,  Sec.  740 448 

supreme  control  of  conserva- 
tors of  peace  to  be  vested 
in  Board  ; penalty  for  diso- 
bedience of  its  orders. 

Acts,  Sec.  748 461 

term  of  office  of. 

Acts,  Sec.  740 448 


Treasurer  of  Board  ; bond ; 
semi-annual  account  of; 
Board  to  examine  account 
and  certify  thereto;  account 
to  be  filed  in  office  of  Sec- 
retary of  State. 

Acts,  Sec.  752 464 

vacancies  in  Board ; appoint- 
ment of  successor  ; proviso. 

Acts,  Sec.  741 449,  450 

— police  force;  how  filled. 

Acts,  Sec.  749 462 

votes  in  relation  to  appoint- 
ments, promotions,  con- 
tracts, etc.;  recording  of 
votes. 

Acts,  Sec.  741 449 


Page 

POLICE  EXAMINERS, 


accomodations  for;  office  and 
stationery  of  Board;  seal  of 
Board. 

Acts,  Sec.  745C 455 

applicants  for  examination — 
information  to  be  given  by 
applicant  in  sworn  state- 
ment of  application. 

Acts,  Sec.  745E 457 

— when  examination  may  be 
refused;  disabilities  enu- 
merated. 

Acts,  Sec.  745K 457 

Board  of  Police  Examiners — 
appointment  and  composi- 
tion of  Board. 

Acts,  Sec.  745A 454 


candidates  for  appointment — 


Board  to  report  names  of 
candidates  to  Board  of 
Police  Commissioners. 

Acts,  Sec.  745D 456 

certificate  of  character  to  be 
filed  by  applicant. 

Acts,  Sec.  745E 457 


competitive  examinations  of 
candidates  for  appointment 
or  promotion  to  be  held; 
character  of  examinations. 

Acts,  Sec.  745D 456 


graded  lists — no  nomination 
of  police  officer,  etc.,  to  be 
confirmed  by  Police  Com- 
missioners unlesson  graded 
list. 

Acts,  Sec.  745E 458 

— of  candidates  to  be  open  to 
public  inspection. 

Acts,  Sec.  745D 456 

— of  qualified  candidates. 

Acts,  Sec.  745D 456 

oath  to  be  taken;  recording 
of  oath. 

Acts,  Sec.  745A 455 

officers  of  Board;  secretary; 
salary  of  secretary. 

Acts,  Sec.  745B 455 

qualifications  of. 

Acts,  Sec.  745 A 454 

rules  and  regulations  of. 

Acts,  Sec.  745D 456 


POLICE  EXAMINERS. 


1537  POLICE  regulations. 


Page 

POLICE  EXAMINERS.— (Cont’d) . 


salary  and  terms  of  office; 
oath. 

Acts,  Sec.  745A 454 

Secretary  of  Board;  salary  and 
duties. 

Acts,  Sec.  745B 455 


POLICE  AND  FIRE  ALARM 
TELEGRAPH, 

See  Police  Commissioenrs P 

POLICE  FORCE, 

See  '‘'Police  Commissioners. 

POLICE  FUNDS, 

See  ‘ 'Special  Police  Fund.  ’ ’ 

POLICEMEN, 

See  "Coal.'’' 

POLICE  REGULATIONS, 

See  ' 'Pistols  and  Fifearmsp  ’ 

‘ 'Policed  * ' 'Police  Commis- 
sioners" and  "Vehicles." 

application  for  permit  to  pa- 
rade. 

Ords.,  Art.  25,  Sec.  109..  995 

ashes  and  sand  not  to  deposit 
on  streets,  penalty,  proviso. 

Ords.,  Art.  25.  Sec.  37..  971 

ball  or  bandy  playing,  or 
throwing  stones  in  streets 
unlawful,  penalty. 

Ords.,  Art.  25,  Sec.  87..  987 

bands,  drum  corps,  etc.,  pa- 
rades of,  permit,  not  to  so- 
licit money,  penalty. 

Ords.,  Art.  25,  Sec.  110..  995 

barrels,  boxes,  etc. , in  streets, 
how  placed, 

Ords.,  Art.  25,  Sec.  68..  979 

Battle  and  Washington  Mon- 
umepts,  injuring  or  de- 
facing, penalty. 

Ords.,  Art.  25,  Sec.  61..  977 

bicycles,  lamps  on,  penalty. 

Ords.,  Art.  25,  Sec.  88..  988 


POLICE  REGULATIONS. 

— (Cont’d). 
billiard  tables  and  bowling 
alleys. 

— closing  hours  for  bowling 
alleys. 

Ords.,  Art.  25,  Sec.  3..  962 
— games  that  are  unlawful. 

Ords.,  Art.  25,  Sec.  1..  961  . 
— hours  for  closing  bowling 
alleys,  penalty. 

Ords.,  Art.  25,  Sec.  3....  962 
— minors  not  to  play  bil- 
liards, penalty. 

Ords.,  Art.  25,  Sec.  2..  961 
— not  to  bowl,  penalty. 

Ords.,  Art.  25,  Sec.  4....  962 
— penalty  for  permitting 
minors  to  play  billiards 
and  pool. 

Ords.,  Art.  25,  Sec.  2..  961 
— to  bowl. 

Ords.,  Art.  25,  Sec.  4..  962 

birds. 

— boxes  for,  penalty  for  in- 
jury to. 

Ords.,  Art.  25,  Sec.  5..  962 
— injury  to  insectivorous 
birds,  penalty. 

Ords.,  Art.  25,  Sec.  5..  962 

blowing  whistles — 

— hours  when  prohibited, 
penalty,  exception  of 
steamboats. 

Ords.,  Art.  25,  Sec.  6..962-3 

builders ’materials  and  enclos- 
ures in  streets,  conditions 
of  privilege. 

Ords., Art.  25,  Sec.  74....  982 

cattle,  sheep  and  hogs,  driv- 
ing through  streets. 

{See  ' ' Cattle.,  Sheep  and 
Swine — Driving  through 

Streets.  ’ ’ ) 

Ords.,  Art.  25,  Secs. 

11-31  964-69 

cattle,  swine  and  goats  at 
large. 

— killing  or  seizure  by  any 
person  lawful,  penalty 
for  owner. 

Ords.,  Art.  25,  Sec.  9..  963 

coasting  on  bicycles  and  sleds, 
penalty. 

Ords.,  Art.  25,  Secs. 

89,90 988 


POLICE  REGULATIONS.  1538  POLICE  REGULATIONS. 


Page 

POLICE  REGULATIONS. 

— (Cont’d). 

dangerous  and  unhealthy  sub- 
stances on  streets  prohibit- 
ed, penalty,  proviso. 

Ords.,  Art.  25,  Sec.  69..  980 

— penalty  for. 

Ords.,  Art.  25,  Sec.  72..  981 

dirt,  lumber,  etc.,  in  streets, 
penalty,  removal  at  ex- 
pense of  offender. 

Ords.,  Art.  25,  Sec.  73....  981 

dogs  at  large. 

— disposition  of  dogs  taken 

up. 

Ords.,  Art.  25,  Sec.  10  964 
— impounding  of,  by  any 

witness. 

Ords.,  Art.  25,  Sec.  10  964 
— penalty  for  owner,  half  of 

fine  to  informer. 

Ords.,  Art.  25,  Sec.  10  964 
— recovery  of  dogs  bv  owner. 

Ords.,  Art.  25,' Sec.  10  964 

enticing  purchasers  from 
stores,  prohibited,  penalty. 

Ords.,  Art.  25,  Sec.  94....  989 

fines  and  penalties  imposed, 
collection  of. 

Ords.,  Art.  25,  Sec,  117  997 

fires  and  horseshoeing  in 
streets,  conditions  of  per- 
mit. 

Ords.,  Art.  25,  Sec.  75....  983 

firearms  and  pistols,  sales, 
gifts,  etc.,  of,  regulations 
for. 

Ords.,  Art.  25,  Secs. 

78-85 985-7 

fish — cleaning  near  fountains 
and  pumps  prohibited,  pen- 
al t3^ 

Ords.,  Art.  25,  Sec.  39..  971 

— to  be  kept  under  cover; 
penalty. 

Ords.,  Art.  25,  Sec.  40....  971 

garbage  and  garbage  carts. 

Ords.,  Art.  25,  Secs. 

41-49 971-4 

gutters;  owner  or  occupier 
of  abutting  property  to 
keep  clean,  penalty. 

Ords.,  Art.  25,  Sec.  51  974 


POLICE  REGULATIONS. 

— (Cont’d). 

— water  from,  not  to  be 
thrown  in  streets,  penalty^ 
Ords.,  Art.  25,  Sec.  50..  974 

hand  organs,  street  pianos, 
etc.,  not  to  play  after  10.30 
p.  m.,  penalty. 

Ords.,  Arts.  25,  Sec.  111..  995 

lamps,  lamp  posts  and  pillars, 
interfering  with;  penalty. 

Ords.,  Art.  25,  Sec.  57..  976 
— injury  to,  penalty,  offender 
to  pay  cost  of  repairs. 

Ords.,  Art.  25,  Sec.  58..  976 

landmarks  of  streets,  penalty 
for  defacing,  etc. 

Ords.,  Art.  25,  Sec.  56..  976 

malicious  destruction  of  prop- 
erty, penalty. 

Ords.,  Art  25,  Sec.  59..  977 

museums  of  anatomy,  display 
on  streets  unlawful,  penalty. 
Ords.,  Art.  25,  Sec.  62, 

977-8 

newspaper  representatives. 

Ords.,  Art.  25,  Secs.  63- 

66 978-9 

note  978 

obstruction  of  streets  and 
gutters,  by  trade  articles. 

Ords.,  Art.  25,  Sec.  67..  979 
— penalty  for. 

Ords.,  Art.  25,  Sec.  72..  981 

offensive  fluids  in  streets,  pro- 
hibited, penalty. 

Ords.,  Art.  25,  Sec.  52..  975 
— oil  or  other  refuse  liquids 
in  streets,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  53..  974 

orders  of  Commissioner  of 
Health  to  be  executed  by 
police. 

Ords.,  Art.  25,  Sec.  36....  970 

parades  in  streets,  permit  re- 
quired, transparencies  pro- 
hibited, penalty. 

Ords.,  Art.  25,  Sec.  108..  994 

Park  Avenue,  deposits  of  dirt, 
ice,  sand,  snow,  on,  pro- 
hibited, penalty. 

Ords.,  Art.  25,  Sec.  38.  ..  971 


POLICE  regulations.  1539  political. 


Page 

POLICE  REGULATIONS. 

— (Cont’d). 

pistols  and  firearms,  sales, 
gifts,  etc.,  of,  regulations 
for. 

Ords.,  Art.  25,  Secs.  78- 

85 985-7 

posting  of,  relating  to  fruit, 
etc.,  on  sidewalks. 

Ords.,  Art.  25,  Sec.  97..,.  990 

public  safety,  provisions  for. 

Ords.,  Art.  25,  Secs.  86- 

90 987-8 

public  swings,  flying  horses, 
fakirs,  etc.,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  112. 

995-6 

salt,  use  of  in  melting  snow. 

Ords.,  Art.  25,  Sec.  77....  984 

sewers,  throwing  waste  matter 
into,  prohibited,  penalty. 

Ords.,  Art.  25,  Sec.  95....  990 

sidewalks,  fruit,  etc.,  sub- 
stances on,  unlawful, 
penalty. 

Ords.,  Art.  25,  Sec.  96....  990 

— owners  or  occupants  of 

premises  to  keep  clear. 

Ords.,  Art.  25,  Sec. 

71  980-1 

slop  carts  across  footways, 
prohibited,  penalty. 

Ords.,  Art.  25,  Sec.  54..  975 

snow,  removal  of. 

Ords.,  Art.  25,  Sec.  76 

983-4 

soliciting  purchasers  on 
streets,  prohibited,  penalty. 

Ords.,  Art.  25,  Sec.  92...  989 

sparring  or  boxing  exhibi- 
tions, permit  required, 
penaltv. 

Ords.,  Art.  25,  Sec.  102..  992 

sprinkling  and  sweeping 
streets,  to  be  sprinkled 
first,  penalty. 

Ords.,  Art.  25,  Sec.  55....  975 

theatre  tickets,  sale  on  streets, 
prohibited,  penalty. 

Ords.,  Art.  25,  Sec.  93....  989 


Page 

POLICE  REGULATIONS. 

— (Cont’d). 
theatrical  exhibitions,  in- 
decent, etc.,  penalty. 

Ords.,  Art.  25,  Sec.  101..  992 
— posters,  defacing,  consent 
of  property  owner,  pro- 
viso. 

Ords.,  Art.  25,  Secs. 
105-6  993 

trapeze  performers,  protect- 
ing net  for. 

Ords.,  Art.  25,  Secs.  103- 
104 992-3 

trees  and  tree  boxes,  injury 
to,  penalty. 

Ords.,  Art.  25,  Sec.  107..  994 

vaults  and  areas,  information 
to  Mayor  and  City  Engi- 
neer of  construction. 

Ords.,  Art.  25  Sec.  114..  996 
— to  be  protected  when  open, 
penalty. 

Ords.,  Art.  25,  Sec.  113, 

996 

Washington  Monument, 
trespassing  on  grass  or 
shrubbery  around,  penalty. 
Ords.,  Art.  25,  Sec.  60....  977 

water  on  newly  paved  streets, 
penalty. 

Ords.,  Art.  25,  Sec.  116, 

996-7 

— ordinances,  officers  to  re- 
port violations. 

Ords.,  Art.  25,  Sec.  115, 

996 

windows,  articles  not  to  be 
thrown  from,  proviso. 

Ords.,  Art.  25,  Sec.  86..  987 

POLICE  TAX, 

See  ''Police  Commissioners ' 

POLICE  REGULATIONS  AND 
PREVENTION  OF  FIRES, 

‘ 'See  Fire  Department.  ’ ’ 

POLITICAL, 

parades — 

application  for  permit  for. 
Ords.,  Art.  25,  Sec.  109..  995 
— police  regulation  of. 

Ords.,  Art.  25,  Sec.  108..  994 


politic  AI.. 


POWERS. 


1540 


Page 

POLITICAL.— (Cont’d). 
parties — 

affected  by  primary  election 
law. 

App.  C,  Sec.  1 1269 

sentiment — 

not  to  affect  employes  of 
Fire  Department. 

Ords.,  Art.  11,  Sec.  4 737 

POLL  BOOKS, 

See  "‘Police  Commissioners." 

for  primary  elections. 

App.  C,  Sec.  1 1274 

POLLUTION,  of, 

city  water. — 

erection  of  agency  of  pollu- 
tion penalized;  prohibited 


agencies  described. 

Acts,  Sec.  903 564 

— fine  for  erection  of  agency 
of,  and  non-removal  of 
same. 

Acts,  Sec.  903 563 

— penalty. 

Acts,  Sec.  902 563 

— unlawful  modes  of  pollution 
defined. 

Acts,  Sec.  902 563 


harbor — 

(^See  "Harbor.,  Docks  and 
Wharves.  ’ ’ ) 

Ords.,  Art.  13,  Sec.  23....  782 

POLYTECHNIC  INSTITUTE, 

fee  for  tuition  of  non-resident 
pupils  in. 

Ords.,  Art.  32,  Sec.  34.. .1055 

graduates  of,  testimonials  to. 

Ords.,  Art.  32,  Sec.  12....1047 


insuring  of  city’s  interest  in. 

Ords.,  Art.  6,  Sec.  8 701 

principals  and  professors  of. 

Acts,  Sec.  100 153 


POOR, 

See  ‘ 'Indigent  Poor.  ’ ’ 
trustees  of — 

See"  Charities,  Supervisors 

rtf  r'-i ’ ’ 


PORK  BUTCHERS  AND^^^^ 
PACKERS, 

keeping  of  hogs  by. 

Ords.,  Art.  14,  Sec.  198 

865-866 

PORT  OF  BALTIMORE, 

See  "Quarantine  Hospital." 

Ords.,  Art.  14,  Sec.  5....  798 

PORTABLE  SCHOOL  BUILD- 
INGS, 

See  ‘ 'Buildings'  * and 
' 'Schools.  ’ ’ 

Ords.,  Art.  32,  Sec.  4....1044 

POSITION  OF  VEHICLES  IN 
STREETS, 

See  ' ' Vehicles.  ’ ’ 


POSSE  COMITATUS, 

Sheriff  may  summon. 

Acts,  Sec.  748 461 

POSSESSION  OF  PROP- 
ERTY, 

See  ' 'Adverse  Possession.  ’ ’ 


POST  MORTEM  EXAMINA- 
TIONS, 

See  "Health." 

Medical  Examiner  and  as- 
sistant to  make. 

Ords.,  Art.  14,  Sec.  3....  797 

POSTPONEMENT  OF 
CASES, 

Acts,  Sec.  311 265 

POTTER’S  FIELDS, 

See  "Health." 

Ords.,  Art.  14,  Sec.  136 

838-839 


POWER,  WATER  FOR, 

permit  required,  penalty. 

Ords.,  Art.  41,  Sec.  54..1217 
1218 

POWERS, 

appointment  and  removal. 

note — - 106 


POWER. 


PRECINCTS. 


Page 


1541 


Page 

POWERS.-(Cont’d). 

Corporate, 

(See  '''■Corporate  Powers."') 

— cases  in  relation  to. 

Acts,  Sec.  2,  foot-note..  41 
— money,  assets,  etc.,  may 
receive  same. 

Acts,  Sec.  2 41-42 

— property,  power  to  hold 
and  dispose  of. 

Acts,  Sec.  1 41 

— suits,  power  to  sue  and  be 
sued. 

Acts,  Sec.  1 41 

— vested  in  City  Council  and 
Mayor. 

Acts,  Sec.  218 215 

PRACTICE, 

and  procedure — 

(See  "Coiu'ts — Law  Courts 
of  Baltimore  City.") 

in  appeals — 
assessments  of  taxes. 

Acts,  Sec.  170 185 

in  law  courts  of  Baltimore 
City. 

(See  "Courts — Law  Courts 
of  Baltimore  City.") 

PRACTICE  ACT  FOR  BALTI- 
MORE CITY. 

Acts,  Secs.  312-315....265-269 
(See  " Courts— Law  Courts 
of  Baltimore  City.") 

notes  of  decisions  of  Balti- 
more City  Courts. 

note 267 

PRATT  FREE  LIBRARY, 

— acceptance  of  gift. 

Ords.,  Art.  26,  Sec.  1....  999 
— accounts  and  books  of  trus- 
tees of. 

Acts,  Sec.  789 487 

— amount  of  fund. 

Ords.  Art.  26,  preamble  999 
— annuity  of  $50,000,  pay- 
ment of. 

Ords.,  Art.  26,  Sec.  5....1001 
— appointment  of  visitor. 

Acts,  Sec.  789 487 

— authority  to  accept  gift. 

Ords.,  Art.  26,  preamble  998 


PRATT  FREE  LIBRARY. 

— (Cont’d). 

— bequests,  conveyances,  de- 
vises, gifts  of  property, 
power  to  receive. 

Acts,  Sec.  §789a 488 

— conditions  of  gift. 

Ords.,  Art.  26,  preamble  988 
— contract  of  acceptance  of 
gift. 

Ords.,  Art.  26,  Sec.  1 999 

— deed  of  acceptance,  report 
of  trustees. 

Ords.,  Art.  26,  Sec.  2....  999 

1000 

— interest  on  fund, investment 
of. 

Ords.,  Art.  26,  Sec.  4 1001 

— investment  of  fund. 

Ords.,  Art,  26,  Sec.  3....1000 


note - 1000 

preamble 998 

— property,  power  to  receive 
gifts  of. 

Acts,  Sec.  §789a 488 

— taxes,  property  of,  exempt 
from. 

Acts,  Sec.  790 •.  488 

— title  to  property  of. 

Acts,  Sec.  §789a 488 

— trustees,  abuse  of  power  by. 

Acts,  Sec.  789 487 

— visitor  to,  to  examine  ac- 

counts and  make  report. 

Acts,  Sec.  789 487 


PRATT  STREET, 

locomotives  to  be  used  on. 

Ords.,  Art.  30,  Sec,  13. ...1019 

vehicles,  stands  for  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  32 691 

widening  of  by  Burnt  District 
Commission. 

App.  A,  Sec.  27 1255-1256 

PRECAUTIONS  IN  CASE  OF 
FIRE, 

buildings  of  a public  char- 
acter. 

Ords.,  Art.  3,  Secs.  84- 

85 629 

PRECINCTS, 

See  "‘Legislative  Districts^ 
Wards." 


PRATT  street. 


1542  PRIMARY  EJECTIONS. 


Page 

PRATT  STREET, 

cattle  pens — 

driving  cattle  to  and  from. 

Ords.,  Art.  25,  Sec.  24..  967 

PREMIUMS  ON  LOANS, 

See  ‘ ^Stocks,  Loans  and 
Finance.  ’ ’ 

investment  of  in  Sinking 
Fund. 

Ords.,  Art.  34,  Sec.  15..1081 
1082 

PRESENTMENT  OR  INDICT- 
MENT, 

assault  and  battery,  necessary 
averments  in. 

Acts,  Sec.  231 231 

PRESIDENT  SECOND 
BRANCH, 

primary  elections  for. 

App.  C,  Sec.  2 1275-1276 

PRESIDENT  STREET, 

locomotives  to  be  used  on. 

Ords.,  Art.  30,  Sec.  13. .1020 

PREVENTION  OF  FIRES, 

See  "‘'Fire  Department  and 
‘ 'Fire  Refutations.  ’ ’ 

PROVISIONS,  VEGETABLES, 
ETC. 

See  "Markets.^' 

Ords.,  Art.  23,  Sec.  48 

933-934 

PRIMARY  ELECTIONS, 

Mayor,  Comptroller,  President 
Second  Branch  and  mem- 
bers of  City  Council, 

affiliation  of  voters. 

App.  C,  Sec.  2 1275-1276 

— election  day. 

App.  C,  Sec.  2 1275 

— party  affiliation. 

App.  C.  Sec.  2 1275 

— registration  of  voters, 
marking  of  registry. 

App.  C,  Sec.  2 1275-1276 

— voters,  changes  in  column, 
“party  affiliation”  when 
to  be  made. 

App.  C,  Sec.  2 1276 


PRIMARY  ELECTIONS. 

— (Cont’d). 

— explanations  to  be  made 
to. 

App.  C,  Sec.  2 1275 

— not  required  to  state 
affiliation. 

App.  C,  Sec.  2 1275 

— rights  of  affiliated  voters. 
App.  C,  Sec.  2 1276 

selection  of  candidates  and 
delegations. 

— affiliation  of  voters. 

App.  C,  Sec.  1 1273 

— ballots,  position  of  names 
on. 

App.  C,  Sec.  1 1273 

— preparation  of. 

App.  C,  Sec.l 1271 

— sample  ballots,  printing 
of,  when  not  required. 

App.  C,  Sec.  1 1272 

— sets  of  required. 

App.  C,  Sec.  1 1273 

— when  names  of  candi- 
dates shall  he  excluded 
from. 

App.  Sec.  1 1270 

— books  of  registry. 

App.  C,  Sec.  1 1271 

—candidates,  certificates  of, 
filing  certificates. 

App.  C,  Sec.  1 1272 

— counting  of  votes  for. 

App.  C,  Sec.  1 1273 

— nominations  by  direct 
vote. 

App.  C,  Sec.  1 1270 

— payment  required  of. 

App.  Sec.  1 1272 

— printing  names  on 
ballots,  requirements. 

App.  C,  Sec.  1 1271 

— when  names  shall  not  be 
placed  on  ballots. 

App.  C,  Sec.  1 1270 

— challengers. 

App.  C,  Sec.  1 1273 

— congressional  and  national 
elections,  proviso. 

App,  C,  Sec.  1 1274-1275 

— conventions,  nominations 


by. 

App.  C,  Sec.  1 1270 

— date  of  primary  elections. 

App.  C,  Sec.  1 1270 

— delegates  to  conventions. 

App.  C,  Sec.  1 1270 


PRIVATE. 


PRIMARY  ELECTIONS.  1543 


Page 

PRIMARY  ELECTIONS. 

— (Cont’d). 


— delegations,  certificates  of, 
filing  certificates. 

App.  C,  Sec.  1 1272 

— payment  required  of. 

App.  C,  Sec.  1 1272 


— elections  to  which  law 
applies. 

App.  C,  Sec.  1 1274-1275 

— expenses  of  elections  here- 
under. 

App.  C,  Sec.  1 1272 

— nominations  of  candidates 
by  direct  vote  or  by  con- 
ventions. 

App.  C,  Sec.  1 1270 

— notice  of  primarv  elections. 

App.  C,  Sec.'  1 1270-1271 

— offences,  penalties  for. 

App.  C,  Sec.  1 1274 

— political  parties  embraced 
bv  provisions  of  Act. 

App.  C,  Sec.  1 1269 

— poll  books. 

App.  C,  Sec.  1 1274 

— position  of  names  on 
ballots. 

App.  C,  Sec.  1...: 1273 

— primary  elections,  date  and 
notice  of. 

App.  C.  Sec.  1 1270-1271 


— registration  books. 

App.  C,  Sec.  1 _1270 

— voters,  affiliation  of. 

App.  C,  Sec.  1 1273 

— counting  of. 

App.  C,  Sec.  1 1273 

— voting  places. 

App.  C,  Sec.  1 1271 

supervisors  of  elections — 

— additional  compensation  for. 

App.  C,  vSec.  3 ...1276 


— clerical  assistance,  addi- 
tional compensation  for. 

App.  C,  Sec.  3 1276-1277 

— expenses  hereunder,  pay- 
ment of  by  citv. 

App.  C,  Sec.  3 1277 

PRINTED  MATTER, 

for  consumptives. 

App.  B,  Sec.  5 1267-1268 

PRINTER, 

See  ‘ ''Public  Printer.  ’ ’ 

Acts,  Sec.  208 209 

Ords.,  Art.  29,  Secs.  1-16 
1008-1012 


Page 

PRINTING  AND  STATION- 
ERY, 

See  ‘ ''Librarian;' ' Pu  blic 
Printer  and  ‘ ''Schools. ' ' 
committee  to  order,  payment 
of  printer. 

Ords.,  Art.  29,  Sec.  3....1008 

PRIORITY  OF  LIENS, 

See  "'Mortgages." 

PRISON  FARE, 

See  "Jail." 

prisoners  in  jail  to  be  kept 
on. 

Acts,  Sec.  138 167 

PRISONERS, 


In  City  Jail, 

— commitments  directed  to 
Warden,  receive  prison- 
ers. 

Acts,  Sec.  131 166 

— earnings  of,  allowance  on 

discharge. 

Acts,  Sec.  124 164 

— escape  of.  Warden  respon- 
sible. 

Acts,  Sec.  127 165 

— medical  attendance  to. 

Acts,  Sec.  121 163 

— prisoners  awaiting  trial  to 
be  confined  separately. 

Acts,  Sec.  140 168 

— prison  fare  only,  to  be  al- 
lowed. 

Acts,  Sec.  138 167 

— reduction  of  sentence  for 
good  behavior. 

Acts,  Sec.  139 167-168 

— removal  of  to  almshouse 
when  affected  by  disease, 
or  on  becoming  insane. 

Acts,  Sec.  144 169 

— separate  confinement  of 
certain  prisoners. 

Acts,  Sec.  140 168 

— Warden  to  conduct  to  and 
from  court. 

Acts,  Sec.  132 166 


PRIVATE— 

carriages — when  used  for 
hire. 

Ords.,  Art.  41,  Sec.  82....1227 

drains — 

{See  ‘ 'Sewers. ' ' ) 


PRIVATE. 


PRIVIES,  SINKS. 


1544 


Page 

PRIVATE.— (Cont’d). 
property — dumping  refuse  on, 
forbidden,  penalty. 


Ords.,  Art.  14,  Sec.  Ill 

112 130-131 

— sewers  on. 

Acts,  Sec.  818 504 

pumps — 

Ords.,  Art.  40,  Secs.  33, 

34 1188 


sales — sheds,  obstructions, 

etc,,  on  property  taken  in 
opening,  etc.,  streets  to  be 
sold  at. 

Acts,  Sec.  176 193 

sewers  - 

( ‘ 'See  Sewers.  ’ ’ ) 

— construction,  permit  for, 
penalty,  application  for 
permit. 

Ords.,  Art.  33,  Sec.  24,  1074 

streets,  wharves,  etc. 

— cleaning,  repairing,  etc. 

(^See  "Health'’ ' and  "Streets 
and  City  Engineer.'’''') 

Acts,  Sec.  833 525 

weighing  of  hay  and  straw. 

{See  "Inspections,  Weights 
and  Measures.  ’ ’ ) 

wharves — 

{See  "Harbor,  Dorks  and 
Wharves'"  and  "Streets 
and  City  Engineer.  ’ ’ ) 

Ords.,  Art.  13  Sec.  12, 
776-777 

PRIVIES, 

See  "Health." 

Ords.,  Art.  14,  Sec.  137,  839 

apparatus  for  cleaning  to  be 
ordorless. 

Ords.,  Art.  14,  Sec.  149,  843 

bonds  of  cleaners  of. 

Ords.,  Art.  41,  Sec.  45,  1213 
1214 

carts  for  cleaning. 

Ords.,  Art.  41,  Sec.  45,  1213 

cleaners  of,  to  give  bond. 

Ords.,  Art.  14,  Sec.  142  , 840 

cleaning — by  owner  when 
offensive. 

Ords.,  Art.  14,  Sec.  143,  841 


Page 

PRIVIES.— (Cont’d). 

—during  the  day,  proviso. 

Ords.,  Art.  14,  Sec.  141,  840 
— records  relating  to. 

Ords.,  Art.  14,  Sec.  148,  842 

contents,  emptying  and  re- 
moval of. 

Ords.,  Art.  14,  Sec.  140,  840 

employers  to  provide  separate 
privies  for  each  sex. 

Ords.,  Art.  14,  Sec.  158, 
845-846 

licenses — applications  for. 

Ords.,  Art.  41,  Sec.  44,  1213 
— cleaning  privies,  wells 
and  sinks. 

Ords.,  Art.  41,  Sec.  44,  1203 
— for  removal  of  contents  of. 

Ords.,  Art.  14,  Sec.  140,  840 

penalty  for  sinking  vaults  of, 
under  sidewalks  or  streets. 
Ords.,  Art.  14,  Sec.  153,  844 

permits  to  empty,  penalty 
when  emptied  without  per- 
mit. 

Ords.,  Art.  14,  Sec.  144,  841 

refuse  in  wells  of,  prohibited, 
penalty. 

Ords.,  Art.  14,  Sec.  147,  842 

vaults  for  not  to  be  under 
pavements  or  streets. 

Ords.,  Art.  14,  Sec.  152,  843 

violation  of  provisions  relat- 
ing to,  penalty. 

Ords.,  Art.  14,  Sec.  139 
839-840 

wells  of,  to  be  built  for  one 
house. 

Ords.,  Art.  14,  Sec.  137.  839 
— to  be  used  for  one  house;  no 
conflict  with  existing 
regulations. 

Ords.,  Art.  14,  Sec. 

138 839 

PRIVIES,  AND  CESS  POOLS, 

prohibited  in  cow  stables. 

Ords.,  Art.  14,  Sec.  43..  809 

PRIVIES,  SINKS  AND  CESS- 
POOLS, 

abandonment  of,  on  com- 
pletion of  new  sewerage 
system. 

Acts,  Sec.  §824g 516-517 


PROBATION  OFFICERS. 


1545  PROHIBITING  TRACKS. 


Page 

PROBATION  OFFICERS, 

See  '‘'‘Police  Commissioners.'*'' 

appointment  of  by  Supreme 
Bench. 

Acts,  Secs.  886A,  886B, 

561-562 

PROCEDURE, 

assessment  of  benefits  and 
damages;  city  to  determine 
procedure. 

Acts,  Sec.  818 504 

of  City  Council. 

{^See  '‘'‘City  Council'*  and  '‘'‘Or- 
dinances and  Resolutions. ' ' ) 

PROCEEDINGS, 

See  '‘'‘Police  Commissioners." 
condemnation  of  property  for 
sewers. 

meeting  of  Commissioners. 

Ords.,  Art.  33,  Sec.  6....1063 

PROCEEDS  OF, 

auction  duties. 

— ^application  of. 

Acts,  Sec.  274 245 

mortgagee’s  sales. 

{See  "Mortgages."') 

PROHIBITED, 

franchises. 

Acts,  Sec.  8 95 

manufactures. 

— consent  of  property  holders 
within  specified  distance 
necessary;  penalty. 

Ords.,  Art.  14,  Sec.  74..  819 

structures. 

— footways  in  Burnt  District; 
limits  of. 

Ords.,  Art.  35,  Sec.  15....1095 

PROHIBITING  TRACKS  ON 
CERTAIN  STREETS, 

list  of  streets  on  which  tracks 
are  prohibited  without  con- 
sent of  General  Assembly. 

— Baltimore  street,  bet.  Park 
ave.  and  Canton  st. 


Act,  Sec.  801 497 

— Barclay  street. 

Acts,  Sec.  801  497 


Page 

PROHIBITING  TRACKS  ON 
CERTAIN  STREETS.— (Cont’d. 

—Biddle  st.,  bet.  Broadway 
and  Maryland  ave. 

Acts,  Sec.  801 497 

— Broadway,  from  Baltimore 
st.  to  North  ave. 

Acts,  Sec.  801 497 

— Calvert  st.,  from  Read  st.  to 
city  limits. 

Acts,  Sec.  801 497 

— Carolinest.,  bet.  Preston  st. 
and  North  ave. 

Acts,  Sec.  801  497 

— Cathedral  st.,  bet.  Saratoga 
st.  and  Mt.  Royal  ave. 

Acts,  Sec.  801  497 

— Cedar  ave;  proviso. 

Acts,  Sec.  801  497 

— Chase  st.,  bet.  Broadway 
and  Marvland  ave. 

Acts,  Sec.  801 497 

— Eager  st.,  bet.  Park  ave.  and 
Wolfe  st. 

Acts,  Sec,  801  497 

— Elm  ave;  proviso. 

Acts,  Sec.  801 497 

— Eutaw  Place,  bet.  North 
ave.  and  Druid  Hill 
Park. 

Acts,  Secs.  836-7 527 

— Evergreen  Terrace,  bet. 
Fulton  ave.  and  Orem 
lane. 

Acts,  Sec.  801  497-498 

— Gough  st.,  from  Bond  st. 
easterly  to  Patterson 
Park  ave. 

Acts,  Sec.  801  497 

— Hampden  st;  proviso. 

Acts,  Sec.  801  497 

— Hanover  st.,  bet.  Lee  st. 
and  Spring  Garden  Har- 
bor. 

Acts,  Sec.  801 497 

— Eombardst.,  bet.  Patterson 
Park  ave.  and  Exeter  st. 

Acts,  Sec.  §801a 498 

— McCulloh  st.,  bet.  Eutaw 
st.  and  North  ave. 

Acts,  Sec.  801 497 

— Merryman’s  lane;  proviso. 

Acts,  Sec.  801  497 

— Mt.  Royal  ave.,  bet.  Guil- 
ford ave.  and  North  ave. 

Acts,  Sec.  801 496-497 

— Oak  st;  proviso. 

Acts,  Sec.  801. 


497 


PROPOSALS. 


PROHIBITING  TRACKS.  1546 


Page 

PROHIBITING  TRACKS  ON 
CERTAIN  STREETS.— (Cont’d). 


— Old  York  road,  from  York 
turnpike  to  Willow  ave. 
in  city  and  county. 

Acts,  Sec.  801 497 

— St.  Paul  st. , from  Baltimore 
st.  northerly  to  Hunting- 
don ave. 

Acts,  Sec.  801 497 


Lake  Roland  Elevated  Rail- 
way Company;  removal  of 
tracks  of  from  certain 
streets. 

Acts,  Sec.  801 497 

streets,  or  parts  of  streets 
on  which  tracks  are  pro- 
hibited. 

Acts,  Sec.  801 496-498 

Acts,  Sec.  §801a 498 

PROMISSORY  NOTES, 

See  ‘ 'Bills  of  Exchange  and 
Promissory  Notes." 

PROPERTY, 

corporate. 

— power  to  hold  anddisposeof. 


Acts,  Sec.  1 41 

discovered. 

— assessment  of. 

Acts,  Sec.  169 184 


holders. 

— bowling  alleys,  etc., assent 
of,  necessary. 

Ords.,  Art.  41,  Sec.  5....1197 
— complaints  against  slaugh- 
ter houses  by. 

Ords.,  Art.  14,  Sec.  195 

864 

In  custodia  legis. 

— decisions  relating  to. 

note 182 

city  property. 

(fSee  ‘ 'Police  Commissioners.  ’ ’ ) 
— accounts  of,  to  be  kept  by 
Commissioners  of  F i- 
nance. 

Ords.,  Art.  34  Sec.  14..1081 


— decisions  as  to  disposal  of. 

Acts,  Sec.  13,  note 98 

— disposal  of  property  not 
needed. 

Acts,  Sec.  13 98 


Page 

PROPERTY.— (Cont’d). 

— examinations  of  titles  to. 

Ords.,  Art.  5,  Secs.  1-3 

695-696 

— grading  and  paving  in  front 
of  when  owners  make 
application. 

Ords.  Art.  35,  Sec.  59....1111 
— lease  of. 

Acts,  Sec.  13 98 

— monies  from  sale  or  rent  of 
to  be  invested  in  city 
stock. 

Ords.  Art.  34,  Sec.  11  ..1079 
— perishable  and  movable. 

{See' ' Librarian"  and  "Per- 
ishable and  Movable  City 
Property.  ’ ’ ) 

Ords.,  Art.  21,  Secs.  1- 


4 904-906 

— renewals  of  leases  for. 

Acts,  Sec.  12 97 

— sale  of. 

Acts,  Sec.  13 98 


fire  companies. 

{See  ' 'Fire  Commissioners.  ”) 

Ords.,  Art.  11,  Sec.  15..  741 

fire  department. 

— fire  commissioners  to  con- 
trol. 

Ords.,  Art.  11,  Sec.  8 738 

owners. 

— definition  of,  for  removal  of 
nuisances. 

Ords.,  Art.  14,  Sec.  91..  825 

seized  by  police. 

{See  "Police  Commissioners."') 

sold  for  taxes. 

( See ' ' City  Collector  ’ and ' ' Tax 


Sales.  ’ ’ ) 

— chattels,  disposition  of  pro- 
ceeds from  sale  of. 

Acts,  Sec.  50 127 

— owner  may  redeem,  repay- 
ment to  purchaser. 

Acts,  Sec.  47 125 

— owner  of  reversionary  inter- 
est may  redeem. 

Acts,  Sec.  §47a 125 

PROPOSALS, 

advertisement  of. 

Acts,  Sec.  14 98 

mode  and  manner  of  adver- 
tising. 

Acts,  Sec.  14 98 


PROSECUTING  WITNESS.  1547  PUBLIC  IMPROVEMENTS. 


Page 

PROSECUTING  WITNESS, 

See  ''AcquUials.'^ 

name  of  to  be  indorsed  on 
presentment  by  Grand  Jury. 


Acts,  Sec.  343 279 

PROTECTION, 

of  pavements. 

prohibiting  travel  on. 

Acts,  Sec.  6 80 


of  street  surfaces. 

(^See  ''Streets  and  City  Engi- 
neer. ’ ’ ) 

Ords.,  Art.  35,  Sec.  116, 

1137-1138 

PROVISIONS,  PURVEYOR 
OF, 

appointment,  duties,  annual 


account. 

Acts,  Sec.  115 161 

bond  of. 

Acts,  Sec.  116 162 


PROVISIONS,  VEGETABLES, 
ETC. 

See  "Markets." 

Ords.,  Art.  23,  Sec.  48, 

933-934 

PUBLIC  BATHS, 

commission — annual  report  of 
to  Mayor,  etc. 

Ords.,  Art.  27,  Sec.  4 1003 

— appointment  of  seven  per- 
sons on. 

Ords.,  Art.  27,  Sec.  1 1002 

— powers  of. 

Ords.,  Art.  27,  Sec.  2 1002 

— to  control,  maintain  and 
operate. 

Ords.,  Art.  27,  Sec.  3 1002 

property  conveyed  by  Henry 
Walters,  Esquire,  for  use  as. 
Ords.,  Art.  27,  Sec.  5 1003 

PUBLIC  BUILDINGS, 

See  ' 'Superintendent  of  Public 
Buildings.  ’ ’ 

Acts,  Sec.  207 209 

chimneys  not  to  emit  dense 
smoke. 

Ords.,  Art.  14,  Sec.  122..  833 

employes — number  and  pay 
of. 

Ords.,  Art.  28,  Sec.  2 1005 


PUBLIC  BUILDINGS.— (Conthif.^ 
— not  to  absent  themselves 
without  permission  of 
Superintendent. 

Ords.,  Art.  28,  Sec.  5 1006 

— to  serve  in  any  building  to 
which  assigned. 

Ords.,  Art.  27,  Sec.  3 1006 

flags  on  to  be  raised  on  holi- 
days. 

Ords.,  Art.  28,  Sec.  6 1006 

note 1004 

Superintendent  of,  buildings 
in  charge  of,  bond  of. 

Ords.,  Art.  28,  Sec.  1 1004 

watchmen,  substitutes  of  to  be 
approved  by  Superintend- 
ent of. 

Ords.,  Art.  28,  Sec.  4 1006 

PUBLIC  BUILDINGS, STREET 
CARS,  ETC., 

expectoration  in,  notice  for- 
bidding. 

Ords.,  Art.  14,  Sec.  102..  828 

PUBLIC  DEBT, 

payment  of  principal  and  in- 
terest, funds  applied  to. 

Ords.,  Art.  34,  Sec.  13....1081 

PUBLIC  EASEMENTS, 

See  "Franchises." 

PUBLIC  HEALTH, 

See  "Health"  and  "Quaran- 
tine Hospital." 

PUBLIC  HIGHWAYS, 

gifts  of  property  for  streets  to 


become. 

Acts,  Sec.  194 202 

streets  opened,  to  be. 

Acts,  Sec.  832 524-25 

PUBLIC  IMPROVEMENTS, 

Art  Commission  to  approve. 

Acts,  Sec.  202 207 

bills  for  ; when  to  be  paid. 

Ords.,  Art.  6,  Sec.  5 700 

Board  of — duties  ; sphere. 

Acts,  Sec.  84 143 


PUBLIC  IMPROVEMENTS. 

— (Cont’d). 

— opinion  on  public  improve- 
ments where  cost  ex- 
ceeds $2000. 

Acts,  Sec.  85 144 

department  of — composition 
of. 

Acts,  Sec.  84 143 

PUBLIC  PRINTER  AND 
PRINTING, 

See  ''City  Council.^'' 

bills,  approval  of,  by  Commit- 
tee. 

Ords.,  Art.  29,  Sec.  4 1009 

— for  printing,  approval  of. 

Ords.,  Art.  29,  Sec.  1 1008 

bond  of. 

Acts,  Sec.  208 210 

clerks  of  City  Council  to  fur- 
nish proceedings,  etc.,  to. 

Ords.,  Art.  1,  Sec.  21 577 

Committee  to  order  printing, 
chairman  to  sign  orders. 

Ords.,  Art.  29,  Sec.  3 1008 


duties  of. 

Acts,  Sec.  208 210 

election  of — by  City  Council. 

Acts,  Sec.  208 209 


execution  of  work  by,  how 
paid. 

Ords.,  Art.  29,  Sec.  2 1008 

indexer,  employment  of  by 
President  of  Second  Branch, 
compensation. 

Ords.,  Art.  29,  Sec.  17....1012 

joint  standing  committee  on 
stationery  and  printing,  ap- 
pointment, duties. 

Ords.,  Art.  29,  Sec.  1 1008 

journals  of  City  Council,  bind- 
ing. 

Ords.,  Art.  29,  Sec.  8 1010 

— prices. 

Ords.,  Art.  29,  Sec.  7 1010 

specifications  for  ; copies  of. 

Ords.,  Art.  29,  Sec.  6 1009 

Mayor’s  message  and  depart- 
ment reports,  binding, 
prices. 

Ords.,  Art.  29,  Sec,  15....1012 


Page 

PUBLIC  PRINTER  AND 

PRINTING.- (Cont’d). 

— prices. 

Ords.,  Art.  29.  Sec.  12....1011 
— printing,  paper,  etc. 

Ords.,  Art.  29,  Sec.  11....1011 

Mayor’s  message — additional 
copies  of ; prices. 

Ords.,  Art.  29,  Sec.  14....1011 
— printing  and  binding. 

Ords.,  Art.  29,  Sec.  13....1011 

miscellaneous  printing,  speci- 
fications, prices. 

Ords.,  Art.  29,  Sec.  16....1012 

orders  for  printing,  issue  of, 
record  of,  delivery  of  work. 

Ords.,  Art,  29,  Sec.  3 

1008-09 

ordinances  and  resolutions, 
number  of  copies. 

Ords.,  Art.  29,  Sec,  9 1010 

— specifications, prices,  bind- 
ing. 

Ords.,  Art.  29,  Sec.  10.. ..1010 

page,  size  and  type  to  be  uni- 
form ; specifications  for. 

Ords.,  Art.  29,  Sec.  5 1009 


qualifications  of. 

Acts,  Sec.  208 209 

term  of  office. 

Acts,  Sec.  208 209 


PUBLIC, 

Property, 

— acquisition  by  condemna- 
tion. 

Acts,  Sec.  6 48,  49 

— sewers  on. 

Acts.  Sec.  818 504 

— title  of  city  thereto  inalien- 
able. 

Acts,  Sec.  7 94 

Safety, 

— department  of — composi- 
tion of. 

Acts,  Sec.  31 109 

— Fire  Commissioners,  Board 
of. 

Acts,  Sec.  69 137 

— police  regulations  for. 

Ords.,  Art.  25,  Secs,  86- 
90 987-8 


PUBLIC  IMPROVMENTS.  1548  PUBLIC  SAFETY. 

Page 


PUBI.IC. 


1549 
Page 


squares  — sheep  not  to  be 
driven  along. 

Ords.,  Art.  25,  Sec.  12....  964 


QUARANTINE  HOSPITAL. 

Page 


PUMPS, 

injury  to  pumps. 

Ords.,  Art.  40,  Sec.  32....1188 


stands  for  carriages. 

{See  ''Hackney  Carriages 
and  Coaches."^ 

structures — Art  Commission 
to  approve. 

Acts,  Sec.  203 207 

swings,  etc., — flying  horses, 
fakirs  and  patent  medicine 
venders,  prohibited,  pen- 
alty. 

Ords.,  Art.  25,  Sec,  112.. 

995-6 

wharves. — {See  "Harbor^ 
Docks  and  Wharves.''’*') 

Ords.,  Art.  13,  Sec.  12.... 

776.  777 


penalties  relating  to. 

Ords.,  Art.  40,  Sec.  35....1189 

private  pumps — owners  to 
take  care  of. 

Ords.,  Art.  40,  Sec.  34....1188 
— supervision  of  Water  Engi- 
neer. 

Ords.,  Art.  40,  Sec.  33....1188 

removal  of  unused  pumps. 

Ords.,  Art.  40,  Sec.  37....1189 

signs  on  condemned  pumps. 

Ords.,  Art.  40,  Sec.  36....1189 

PUMPS  AND  SPRINGS, 

erection  and  regulation  of. 

Acts,  Sec.  6 65 


PUBLICATION  of. 


PUPILS  OF  SCHOOLS, 


damages,  etc.,  in  street  open- 
ings, etc., — notice,  contents 
of. 

Acts,  Sec.  177 194 

notice — where  owner  cannot 
be  found. 

Ords.,  Art.  14,  Sec.  85....  823 
— opening,  etc., streets.  {See 
' 'Streets,  Bridges  and  High- 
ways,'''  sub-title  "Opening 
etc.,  Streets.") 

ordinances  — opening,  etc.. 


streets. 

Acts,  Sec.  828 522,  523 

Sec.  829 523 

Sec.  831 524 


PUBLICATIONS  in, 

newspapers.  {See  "Advertise- 
ments.") 

PULMONARY  TUBERCULO- 
SIS, 

See  ' 'Health' ' and  ' ' Tubercu- 
losis. ' ' 

Ords.,  Art.  14,  Sec.  32....  806 

PUMPS,  FOUNTAINS  AND 
SPRINGS, 

erection  and  regulation  of. 

Acts,  Sec.  6 65 


contagious  diseases  among, 
duty  of  parents  and  phy- 
sician. 

Ords.,  Art.  32,  Sec.  35. ...1056 

resident  and  non-resident, 
tuition  of,  fees  for. 

Ords.,  Art.  32,  Secs.  32- 
34 1054-6 

PURE  FOOD, 

See  "Health." 

Ords.,  Art.  14,  Sec.  57....  813 

QUARANTINE  HOSPITAL, 

See  "Health." 

Ords.,  Art.  14,  Secs.  159- 

178 846-858 

Sec.  169 852 

General  Provisions, 

employes  of,  wages,  proviso. 
Ords.,  Art.  14,  Sec.  160.. 

846,  847 

expenses — to  be  paid  by  mas- 
ters or  owners  of  vessels. 

Ords.,  Art.  14,  Sec.  162.. 

847,  848 

grounds  of  quarantine — desig- 
nation of. 

Ords.,  Art.  14,  Sec.  162.. 

847-8 


QUARANTINE  HOSPITAR.  1550  RAILROAD  EMPLOYES. 


Page 

QUARANTINE  HOSPITAL, 

— (Cont’d). 

General  Provisions. — (Cont’d). 
— location  of. 

Ords.,  Art.  14,  Sec.  159..  846 

passengers  maintained  at 

expense  of  masters  of 

vessels. 

Ords.,  Art.  14,  Sec.  171.. 

853,  854 

patients  to  be  admitted  to. 

Ords.,  Art.  14,  Sec.  165..  850 

persons  to  be  sent  to ; 
regulations  for ; penalty 
for  violation. 

Ords.,  Art.  14,  Sec.  169.. 

852,  853 

supplies  for. 

Ords.,  Art.  14,  Sec.  175..  856 

Quarantine  Hospital  Physician, 

— appointment  and  duties. 

Acts,  Sec.  75 139 

Ords.,  Art.  14,  Secs.  159- 

178 846-858 

— bond  of  ; further  duties. 

Ords.,  Art.  14,  Sec.  161..  847 
— charges  for  inspection ; 
payment  of  charges,  how 
enforced  ; penalty. 

Ords.,  Art.  14,  Sec.  173.. 

855,  856 

— charges  for  patients ; col- 
lection of  charges. 

Ords.,  Art.  14,  Sec.  174.. 

856,  857 

— cleaning  of  vessels  after 
discharge  of  cargoes; 
penalty  for  neglect  by 
master. 

Ords.,  Art.  14,  Sec.  163..  849 
— .disinfection  of  ships  and 
cargoes ; expenses  of. 

Ords.,  Art.  14,  Sec.  162.. 

847,  848 

— duties  of. 

Ords.,  Art.  14,  Sec.  5 798 

— duties  of ; reports  of. 

Ords.,  Art.  14,  Sec.  159..  846 
— employment  of  necessary 
help  at  Quarantine  Hos- 
pital . 

Ords.,  Art.  14,  Sec.  160.. 

846,  847 


QUARANTINE  HOSPITAL, 

(Cont’d). 

— inquiry  of  masters  con- 
cerning infected  vessels. 

Ords.,  Art.  14,  Sec.  164.. 

849,  850 

— inspection — all  vessels  from 
sea  at  Quarantine  grounds 

Ords.,  Art.  14,  Sec.  162.. 

847,  848 

— penalties  for  violating 
rules  and  regulations  of. 

Ords.,  Art.  14,  Sec.  172.. 

854-55 

— qualifications,  residence. 

Acts,  Sec.  75 139 

— return  of  goods  and  bag- 
gage of  vessels  disinfect- 
ed. 

Ords.,  Art.  14,  Sec.  176.. 

856,  857 

— rules,  regulations  and 
orders  of ; penalty  for 
violating. 

Ords,,  Art.  14,  Secs.  162, 

164,  172. 

847,  850,  854,  855 

— salary  and  residence  of. 

Acts,  Sec,  76 140 

— vaccination  of  crews  and 
passengers ; charges. 

Ords.,  Art.  14,  Sec.  177..  857 
— vessels  exempt  from  ; pro- 
viso. 

Ords.,  Art.  14,  Sec.  167..  851 
— from  points  north  of  Cape 
Henry. 

Ords.,  Art.  14,  Sec.  168..  852 
— infected  with  disease; 
regulations  relating  to ; 
penalty, 

Ords.,  Art.  14,  Sec.  164.. 

849,  850 

QUIETING  CLAIMS, 

payment  of  damages  in  court 
in  cares  of  disputes  in  open- 


ing, etc.,  streets. 

Acts,  Sec.  827 — 521 

RACES, 

police  at. 

Acts,  Sec.  774 474 


RAILROAD  EMPLOYES, 

arrest  of  thieves  and  pick- 
pockets by. 

Acts,  Sec.  784. 


.485-486 


RAILROADS  AND  RAILWAYS.  1551  RAILROADS  AND  RAILWAYS. 


Page 

RAILROADS  AND  RAIL- 
WAYS, 

all  night  cars,  hours  for  run- 
ning. 

Ords,,  Art.  30,  Sec.  22,  1023 


assessments  for  tracks. 

Acts,  Sec.  6 66 

assessment  proceedings. 

Acts,  Sec.  6 66 

— appeals  in. 

Acts,  Sec.  6 66 

— jury  trials  in. 

Acts,  Sec.  6 66 


bed  and  tracks  of  street 
railways. 

— bridges,  form  of  rail  to  be 
used  on,  penalty. 

Ords.,  Art.  30,  Sec.  23,  1023 
— cost  of  repairs  by  street  for 
railways. 

Ords.,  Art.  30,  Sec.  26,  1025 
— failure  of  street  railways  to 
keep  street  in  repair, 
duty  of  City  Engineer. 

Ords.,  Art.  30,  Sec.  26, 

1024-1025 

— penalty  for  failure  of  com- 
pany to  keep  streets  in 
repair. 

Ords.,  Art.  30,  Sec.  26,  1025 
— repair  of  by  City  Engineer. 

Ords.,  Art.  30,  Sec.  26,  1024 
— space  between  tracks  and 
two  feet  on  each  side  to 
be  kept  in  repair,  penal- 
ty. 

Ords.,  Art.  30,  Sec.  24,  1024 
— sprinkling  of  streets  re- 
quired. 

Ords.,  Art.  30,  Sec.  28,  1028 

cars  of  steam  railroads, 
cars  on  turnouts  and 
switches  not  to  obstruct 
streets,  penalty. 

Ords.,  Art.  30,  Sec.  5,  1017 
— coal  cars  not  to  be  unloaded 
on  streets,  penalty. 

Ords.,  Art.  30,  Sec.  3,  1016 
1017 

— foot  passenger  carts  or  drays 
not  to  be  obstructed  by. 

Ords.,  Art.  30,  Sec,  6,  1017 
— how  long  to  remain  in 
street. 

Ords.,  Art.  30,  Sec.  1,  1015 


Page 

RAILROADS  AND  RAIL- 
WAYS.—(Cont’d). 

— loading  and  unloading  of 
cars  except  at  authorized 
places  forbidden,  penalty. 

Ords.,  Art.  30,  Sec.  3,  1016 
— movement  down  grade, 
penalty. 

Ords.,  Art.  30,  Sec.  9,  1018 
— movement  of  cars  in  streets, 
penalty  against  m o v e - 
ment  b y unauthorized 
persons,  penalt}^ 

Ords.,  Art.  30,  Sec.  2,  1016 
— not  to  stand  in  street  on 
Sunday,  proviso. 

Ords.,  Art.  30,  Sec.  1 1016 

— obstruction  of  street  cross- 
ings by,  penalty. 

Ords.,  Art.  30,  Sec.  4,  1017 
— penalty  for  breaking  or  re- 
moving fastenings  of 
cars  in  streets. 

Ords.,  Art.  30,  Sec.  1,  1015 
1016 

— space  required  between 

cars  standing  on  streets. 

Ords.,  Art.  30,  Sec.  6,  1017 
— speed  of  on  streets,  penaltv. 

Ords.,  Art.  30,  Sec.  7'  1018 
— wagon  ways  on  streets  to 
be  kept  clear,  penalty, 

Ords.,  Art.  30,  Sec.  6,  1017 

cars  of  street  railroads,  cars 
standing  in  street  to  be 
chained. 

Ords.,  Art.  30,  Sec.  1,  1015 

construction  of,  altering  of 
when  street  obstructed. 

Ords.,  Art.  30,  Sec.  19,  1021 
1022 

— City  Engineer  to  examine. 

Ords.,  Art.  30,  Sec.  18,  1021 
— direction  by  City  Engineer 
of,  cost  of  removal  or  al- 
teration of  obstructing 

Ords.*,  Art.  30,  Sec.  19,  1022 
— failure  of  company  to  re- 
move or  alter  tracks,  pen- 
alty. 

Ords.,  Art.  30,  Sec.  19  1022 
— Mayor  to  enforce  ordinances 
relating  to  removal  of 
tracks,  proviso. 

Ords.,  Art.  30,  Sec.  18,  1021 


RAILROADS  AND  RAILWAYS.  1552  RAILROADS  AND  RAILWAYS. 


RAILROADS  AND  RAIL- 

WAYS.— (Cont’d). 

— obstruction  of  gutters  pro- 
hibited, City  Engineer  to 
give  notice,  removal  or 
alteration  of  tracks  by 
City  Engineer  at  expense 
of  railways. 

Ords,,  Art.  30,  Sec.  30,  1022 
— obstruction  of  streets  by. 

Ords.  Art.  30,  Sec.  18,  1021 
— removal  of  tracks  where  ob- 
structing streets. 

Ords.,  Art.  30,  Sec.  19,  1021 
— to  conform  to  requirements 
of  ordinances. 

Ords.,  Art.  30,  Sec.  18,  1021 


— tracks  on  streets. 

Acts,  Sec.  6 66 

coupon  tickets  required. 

Acts,  Sec.  §792a 489 

decision  relating  to. 

Acts,  Sec.  6,  Note 67 


easements  in  annex. 

{See  ''Park  Tax.’’') 

— acquisition  of  by  city 
where  same  are  exempt 
from  Park  Tax. 

Acts,  Sec.  §800a 494 

— park  tax — modification  of 
upon  acquisition  of  said 
easements  by  city; 
scheme  or  plan  of  modifi- 
cation, proviso. 

Acts,  Sec.  §800a 494-495 

— in  annex — street  railway 
franchises  to  be  perpetual 
in  cases  where  the  ease- 
ments acquired  by  city 
was  in  perpetuity. 


Acts,  Sec.  §800a 495 

general  powers. 

Acts,  Sec.  6 66 

grades  of  streets — alterations 
for  railroads. 

Acts,  Sec.  6 66 


gutters  obstructed  by  railway 
tracks;  duty  of. 

Ords.,  Art.  30,  Sec.  20..1022 

hours  of  labor. 

— agreement  for  longer 
hours,  unlawful. 

Acts,  Sec.  793 


Page 

RAILROADS  AND  RAIL- 

WAYS.-C  Cont’d). 

— Attorney  General  of  State 
to  proceed  against  char- 


ter. 

Acts,  Sec.  794 491 

— contracts  for  longer  hours 
unlawful. 

Acts,  Sec.  793 491 

— forfeiture  of  charter  for 
violations. 

Acts,  Sec.  794 491 

— limiting  hours  to  12. 

Acts,  Sec.  793 490 

— penalty. 

Acts,  Sec.  795 491 


inspection  of  work  in  streets 
by  City  Engineer. 

Ords.,  Art.  35,  Sec.  10 

1093-94 

locomotive  engines;  bells  to 
be  rung  at  crossings;  pen- 
alty. 

Ords.,  Art.  30,  Sec.  14....1020 
— coal  and  coke  may  be  used 
as  fuel;  proviso. 

Ords.,  Art.  30,  Sec.  16..1021 
— cross  streets  and  cross- 
ings; bells  of  locomotives 
to  be  rung  at;  penalty. 

Ords.,  Art.  30,  Sec.  14..1020 
— penalty  for  running  on 
tracks  without  authority. 

Ords.,  Art.  30,  Sec.  15..1020 
— precautions  in  use  of. 

Ords.,  Art.  30,  Sec.  14..1020 
— steam  whistles  of,  not  to 
be  blown  in  city  limits; 
penalty. 

Ords.,  Art.  30,  Sec.  14.. 1020 
— wood  not  to  be  used  as 
fuel  without  permission 
of  city. 

Ords.,  Art.  30,  Sec.  16..1020 

obstruction  of  streets  by  rail- 
way tracks;  duty  of. 

Ords.,  Art.  30,  Sec.  21..1022 

Park  Tax. 

— accounts  and  books.  Board 
of  Park  Commissioners 


to  examine. 

Acts,  Sec.  798 492-3 

— car  fare  registers,  exami- 
nation of. 

Acts,  Sec.  798 492-3 


490 


RAILROADS  AND  RAILWAYS.  1553  RAILWAY  EASEMENTS. 


Page 

RAILROADS  AND  RAIL- 
WAYS.—(Cont’d) . 

— collection  of  penalties. 

Acts,  Secs.  798-799 492-3 


— default  in  payment. 

Acts,  Sec.  799 493 

— false  certification  of  ac- 
counts. 

Acts,  Sec.  800 493 

— gross  receipts,  tax  on. 

Acts,  Sec.  797 492 

— payment  of,  quarterly. 

Acts,  Sec.  797 492 

— penalty  for  obstructing 
examination  of  accounts. 

Acts,  Sec.  798 492-3 

— for  default  in  payment. 

Acts,  Sec.  799 493 

— for  false  certification 
of  accounts. 

Acts,  Sec.  800 493 

Paving  Commission,  pave- 
ment between  and  two  feet 
on  either  side  of  tracks. 

Acts,  Sec.  §841r 544 

penalty  for  officers,  agents, 
etc. 

Acts,  Sec.  §792d 490 


repair  of  streets  to  be  a con- 
dition in  grant  of  fran- 
chises. 

Ords.,  Art.  30,  Sec.  25..1024 

safety  gates  at  grade  cross- 
ings. 

Acts,  Sec.  791 488-9 

— erection  and  operation. 

Acts,  Sec.  791 488-9 

— grade  crossings,  erection  at. 

Acts,  Sec.  791 488-9 

— penalty. 

Acts,  Sec.  792 489 

stop  of  trains  at  principal  sta- 
tion. 

Acts,  Sec.  §792c 490 

stop-over  privilege  in  tickets, 
proviso. 

Acts,  Sec.  §792b 490 

street  cars  in  motion;  cross- 
ing open  streets  to  .stop; 
penalty. 

Ords.,  Art.  30,  Sec.  32..1026 
— speed  through  markets. 

Ords.,  Art.  30,  Sec.  30..1026 


Page 

RAILROADS  AND  RAIL- 
WAYS.—iCont’d). 


street  railway  fares. 

— fares,  rates  of. 

Acts,  Sec.  796 491-2 

— maximum  rate,  proviso. 

Acts,  Sec.  796 491-2 

— transfers,  free,  proviso. 

Acts,  Sec.  796 491-2 

streets,  use  of,  by. 

Acts,  Sec.  6 67 

tickets,  coupons  attached. 

Acts,  Sec.  §792a 489 


tracks  and  switches — cars 
standing  on,  not  to  obstruct 
streets  or  street  crossings. 

Ords.,  Art.  30,  Secs.  4-6..1017 
— driving  on  to  obstruct  cars 
prohibited. 

Ords.,  Art.  4,  Sec.  19....  687 
— failure  to  keep  in  repair; 
penalty. 

Ords.,  Art.  30,  Sec.  12..1019 
— how  to  be  laid. 

Ords.,  Art.  30,  Sec.  11..1019 
— mode  of  construction. 

Ords.,  Art.  30,  Sec.  11..1019 
— proximity  of  builders’  ma- 
terials, etc.,  to,  police 
regulations. 

. Ords.,  Art.  25,  Sec.  74..  982 
— removal  of,  by  city. 

Acts,  Sec.  6 66 

— salt,  use  of  in  melting. snow 
and  ice  on. 

Ords.,  Art.  25,  Sec.  77..  984 
— use  of  streets  by. 

Acts,  Sec.  6 80 

— vehicles  on  railways  tracks, 
penalty. 

Ords.,  Art 

— to  keep  to  right  of  tracks. 
Ords.,  Art.  30,  Sec.  8....1018 

RAILWAY  EASEMENTS  IN 
ANNEX, 

See  '‘'‘Railroads  and  Rail- 
ways" sub-title  '‘'‘Ease- 
ments in  Annex." 

RAILWAYS, 

See  '‘'‘Railroads"  and  '‘'‘Rail- 
ways." 


raiway  tracks. 


RECORDS. 


Page 


1554 

RECOGNIZANCES, 


RAILWAY  TRACKS  PRO-^^^^ 
HIBITED, 

See  '‘‘‘Prohibiting  Tracks  on 
Certain  Streets.'"' 

RATES, 

carriages,  etc.,  licenses — rates 
for. 

Ords.,  Art.  41,  Sec.  80....1226 

fare — hackney  carriages;  rates 
of  fare. 

Acts,  Sec.  281 253,  254 

water.  i^See  "‘Water  Rents. 

— miscellaneous  uses. 

Ords.,  Art.  41,  Sec.  68.... 1221 

wharfage — articles  specified  ; 
goods  reshipped. 

Ords.,  Art.  13,  Sec.  17.... 

778,  779 

RATES,  FARES  AND 

CHARGES, 

See  Franchises." 

Acts,  Sec.  37 117 

READING  CLERK, 

See  '‘‘‘City  Council."’ 

REAL  ESTATE  BROKERS, 

See  " Licenses." 

REAL  PROPERTY, 

See  ‘‘‘Property." 

taxes  on,  when  in  arrears. 

Acts,  Sec.  40 121 

REASSESSMENT  AND  RE- 
VALUATION OF  PROP- 
ERTY, 

See" Appeal  Tax  Court"  and 
‘ ‘Assessments  of  Property.  ’ ’ 

181 

RECEIVING  STOLEN 
GOODS, 

See  "Larceny" 

RECEPTACLES  FOR  EX- 
PECTORATION, 

See  "Health." 

provided  in  public  buildings  ; 
cleaning  of. 

Ords.,  Art.  14,  Sec.  103..  828 


See  “Bair  and  “A  uctioneers.  ” 
assault  and  battery,  cases  of. 


Acts,  Sec.  230 231 

surrender  of  principal  by 

security  in. 

Acts,  Sec.  344 279 

when  to  be  returned. 

Acts,  Sec.  332 276 


RECORDS, 

See  ‘ ‘ City  Reg ister;' ' ‘ ‘ Comp- 
troller;" "Land  Records" 
and  ‘ ‘Police  Commission- 
ers." 


assessments.  {See"  City  Regis- 
ter."') transmission,  of  to 
Baltimore  City  Court. 

Acts,  Sec.  170 185 

births  and  deaths — record  of. 

Ords.,  Art.  14,  Sec.  192..  863 

certified  copies  of,  as  evidence. 

Acts,  Sec.  31 108 


city — Comptroller  to  keep 
record  of  deeds  and  leases 
made  to  city,  or  sufficient 
extracts  thereof  to  explain 
same ; also  contracts  with 
city  ; arrangement  of  record 
book. 

Ords.,  Art.  1,  Sec.  49 

587-588 

— public  papers  to  be  filed 
and  preserved;  City 
Register  not  to  permit 
removal  of  papers  of  his 
office ; to  furnish  certified 
copies ; charges  therefor; 
searches  of  records; 
charges  therefor. 

Ords.,  Art.  1,  Sec.  48 587 

City  Librarian — c o p y and 
preservation  of  lists  of  city 
property. 

Ords.,  Art.  21,  Sec.  2 905 

City  Register  to  record  jour- 
nal of  proceedings  of  City 
Engineer. 

Ords.,  Art.  35,  Sec.  1 1091 

keepers  of  weights,  etc., — 
Mayor  to  inspect. 

Ords.,  Art.  17,  Sec.  20....  882 


RECORDS. 


REGISTER,  CITY. 


1555 


Page 

RECORDS.— (Cont’d). 
licenses — to  be  kept  by  Comp- 
troller. 

Ords.,  Art.  23,  Sec.  17....  924 

oath  of  Sewer  Commissioners 
— certificate  of  Justice  of 
the  Peace  thereon. 

Ords.,  Art.  33,  Sec.  3 1061 


proceedings — certificate  of  to 
be  evidence  of  assessments 
of  taxes. 

Acts,  Sec.  170 186 

property  assessed — alphabeti- 
cal list  of  owners  of  prop- 
erty. 

Acts,  Sec.  161 180 

— clerk  of  Appeal  Tax  Court 
to  keep. 

Acts,  Sec.  161 180 

— description  and  location  of 
property. 

Acts,  Sec.  161  180 

— information  contained 
therein. 

Acts,  Sec.  161 180 

— owners  may  inspect  record 

of  their  assessments. 

Acts,  Sec.  161 180 


relating  to  cleaning  of  privies. 

Ords.,  Art.  14,  Sec.  148..  842 

sales  of  firearms — register  of 
purchaser,  marks,  etc.,  to 
be  kept  by  seller. 

Ords.,  Art.  25,  Sec.  80  ...  985 

sewer  condemnations — depos- 
it with  City  Register. 

Ords.,  Art.  33,  Sec.  20....1072 

tests  of  gas  meters,  data  and 
annnal  report  to  Mayor  and 
City  Council. 

Ords.,  Art.  20,  Sec.  13....897-8 

Water  Board  to  keep. 

Ords.,  Art.  40,  Sec.  2 1177 


RED  OR  YELLOW  OCHRE, 

manufactory  of,  adjoining 
property  owners  to  assent 
to  erection  of. 

Ords^  Art.  14,  Sec.  73..  819 


Page 

REDEMPTION, 

of  city  stock. 

time  of;  payment  of  inter- 
est. 

Ords.,  Art.  34,  Sec.  8.. ..1079 

of  loans. 

sinking  fund  for. 

Ords.,  Art.  34,  Sec.  15, 

1081-2 


REDUCTION  OF  SENTENCE 
PRISONERS, 

Acts,  Sec.  139 167-168 


REFORMATION  AND  REFUGE 
HOUSES  OF, 

See  "'Houses  of  Refuge  and 
Reformation.'^ 

REFORMATORIES, 

erection  and  regulation  of. 


Acts,  Sec.  6 54 

water  rates  for. 

Ords.,  Art.  41,  Secs.  58- 
61 1219 


REFUSE, 

deposits  in  privy  wells  pro- 
hibited; penalty. 

Ords.,  Art.  14,  Sec.  147..  842 

in  sewers. 

penalty  for  tar  and  other  gas 
house  refuse  in. 

Ords.,  Art.  33,  Sec.  24....1074 

REFUSE  MATERIAL, 

city  officials;  duties  of  relating 
to. 

Ords.,  Art.  6,  Sec.  13....  702 

sale  of  and  accounting  of  pro- 
ceeds. 

Ords.,  Art.  6,  Sec.  12....  702 

separate  account  for  required. 

Ords.,  Art.  6,  Sec.  14 702 

REGISTER,  CITY, 

See  ‘ ‘ City  Register. ' ' 

Harbor  Masters,  to  supply 
account  books  to. 

Ords.,  Art.  13,  Sec.  15, 

777-778 


REGISTER  OF  WIEES. 


1556  REEIGTOUS  CORPORATIONS. 


REGISTER  OF  WILLS, 

bond  of. 

Acts,  Sec.  354 281 

— approval  by  Orphans’  Court 
and  Comptroller. 

Acts,  Sec.  355 282 

commissions  of,  cases  cited. 

Acts,  Sec.  354,  note 282 

compensation  for  preparing 
lists  for  Appeal  Tax  Court. 
Acts,  Sec.  168 184 

failure  to  give  bond,  effect  of, 

Acts,  Sec.  356 282 

summary  account  to  Appeal 
Tax  Court  of  property  held 
by  executors,  etc.,  penalty. 
Acts,  Sec.  168 183-184 

REGISTRATION, 

cow  stables;  registry  of. 

Ords.,  Art.  14,  Sec.  36, 

807-808 

REGISTRATION  BOOKS, 


for  primary  elections. 

App.  C,  Sec.  1 1270 

REGISTRATION  CASES, 

rules  governing  same. 

Acts,  Sec.  321A 272-273 

sittings  of  Court. 

Acts,  Sec.  321  272 

two  judges  to  hear  and  deter- 
mine. 

Acts,  Sec.  321 272 


REGISTRATION  OFFICES, 

See  '‘'Police  Commissioners.'''' 

REGISTRATION  OF  VOTERS, 

primary  elections  for  Mayor, 
etc. 

App.  C,  Sec.  2 1275-1276 


registers  to  revise  lists. 

Acts,  Sec.  17 100 

supplementary  registration, 
when  to  be  held. 

Acts,  Sec.  17 100 


REGISTRY  OF  PHYSICIANS, 
ETC., 

See  "Health.'''' 

Ords.,  Art.  14,  Sec.  189 

862-863 


REGRADING,  RESHELLING, 
REGRAVELLING,  REPAV- 
ING AND  RECURBING 
STREETS, 

See  '‘'Gradings  Paving^  etc.., 
Streets.  ’ ’ 

Acts,  Sec.  6 74 

REGULATIONS  FOR  CARS 
IN  STREETS, 

See  "Railroads  and  Railways.'''' 
Ords.,  Art.  30,  Sec.  1, 

1015-1018 

REGULATION  OF  FOOT- 
WAYS AND  SIDEWALKS, 

See  "Footways.'''' 

REGULATION  OF  MORGUE, 

See  '‘'Health.'"’ 

enforced  by  superintendent  of. 

Ords.,  Art.  14,  Sec.  83....  821 

RE-INSPECTION  OF  GAS 
METERS, 

discontinued  meters,  fee, 
penaltv. 

Ords.,  Art.  20,  Sec.  11....  897 

REJECTION  OF  DAMAGES, 

See  ‘ 'Streets,  Bridges  and 
Highways,  ’ ''sub-title'  ‘ Open- 
ing, etc., Streets.  ’ ’ 

RELEASES, 

administrator  of  intestates’ 
estates,  to. 

(See  "Schools.'") 

fees  for  granting,  prohibited. 

Acts,  Sec.  636  382 

prisoners. 

See  "Police  Commissioners.'''' 

to  city  in,  opening,  closing, 
etc.,  streets,  from  claims 
for. 

Acts,  Sec.  827 521 

RELIGIOUS  BELIEF, 

not  to  cause  discrimination  in 
Fire  Department. 

Ords.,  Art.  11,  Sec.  4 737 

RELIGIOUS  CORPORATIONS, 

water  rates  to. 

Ords.,  Art.  41,  Sec.  62....1220 


REPAIRS. 


REMOVAL  FROM  OFFICE.  1557 


Page 

REMOVAL  FROM  OFFICE, 


Mayor,  powers  of. 

Acts,  Sec.  25 104 

misdemeanor  of  Justice  of  the 
Peace  to  effect  his  removal. 
Acts,  Sec.  649 387 

REMOVAL  OF, 

cases. 

note 274 


garbage  and  street  dirt. 

{See  '''Street  Cleaning"  and 
"Ga rbage  and  Street  Dirt.") 

— provision  for. 

Ords.,  Art.  14,  Sec.  110..  830 

nuisances. 

to  other  premises  in  city,  pro- 
hibited; penalty. 

Ords.,  Art.  14,  Sec.  98..  827 

property. 

— reduction  of  assessment  on 


account  of. 

Acts,  Sec.  160 179 

REMOVED  CASES, 

assignment  of  same  for  trial. 

Acts,  Sec.  322 273 

cost  and  counsel  fees. 

note, 280 

fees  of  State’s  Attorney. 

Acts,  Sec.  349 280 

transmission  of  record. 

Acts,  Sec.  322 273 

RENEWALS  of, 

franchises — 

{See  '‘'Franchises.") 

Acts,  Sec.  9 96 

— and  grants. 

Acts,  Sec.  12 97 

— provisions  relating  to. 

Acts,  Sec.  37 118 


land  records — 

{See  ''Land  Records.") 

RENTALS  of. 


conduits — 
collection  of. 

Acts,  Sec.  6 81 

— powers  of  city  in  relation  to. 

Acts,  Sec.  6 81 


RENTING  HALLS  O F^^^^ 
SCHOOLS, 

Eastern  and  Western  High 
School  Halls. 

Ords.,  Art.  32,  Secs.  2-3..1044 

RENTS  AND  LICENSES, 

See  ' 'Markets;' ' sub-title 
' 'Licenses  and  Rents. ' ' 

922-927 

RENTS  AND  REVENUE, 

in  property  taken  for  streets. 

Acts,  Sec.  6 73 

RENTS  FOR  WATER, 

See  ' ' Water  Rents.  ’ ’ 

RENTS  OF  MARKET 
STALLS, 

See  "Markets." 

Ords.,  Art.  23,  Sec.  15....  923 

REPAIRS  to, 

city  buildings — 

Inspector  of  Buildings  to 
make. 

Ords.,  Art.  3,  Sec.  10 603 

fire  apparatus — 

Chief  Engineer  to  recom- 
mend. 

Ords.,  Art.  11,  Sec.  17....  742 

footways — 

See  ' 'Footways.  ’ ’ 

Ords.,  Art.  35,  Secs.  22- 
26 1098-1100 

markets — 

clerks  of  markets  to  make. 
Ords.,  Art.  23,  Sec.  8....  921 

streets — by  corporations. 

Ords.,  Art.  35,  Secs.  114, 

115 1136-37 

— by  railways;  space  to  be 
repaired. 

Ords.,  Art.  30,  Sec.  24.. ..1024 
— by  Water  Board — duties  of. 

Ords.,  Art.  40,  Sec.  24....1185 
— care  to  be  exercised  by  city. 

Acts,  Sec.  6,  note 76 

— penalty  for  failure. ( < 
Ords.,  Art.  30,  Sec!  12....1019 


RETURN. 


REPAVING  OF  STREETS.  1558 


REPAVING  OF  STREETS, 

See  ''Streets  and  City 
Engineer.  ’ ’ 
duties  of  Water  Board. 

Ords.,  Art.  40,  Sec.  29....1187 

REPORTS, 

See  "Annual  Reports;" 

' 'Police  Commissioners' ' 
and  under  heads  of  various 
mufiicipal  officials  and  de- 
partments. 

.annual,  by  purveyor  of 
provisions  of  almshouse. 

Acts,  Sec.  115 161 

— by  Superintendent  of  alms- 
house. 

Acts,  Sec.  114 161 

Burnt  District  Commission. 

App.  A,  Sec.  4, 1237-39 

heads  of  departments  to  report 
to  Mayor. 

Acts,  Sec.  24 104 

Mayor’s  annual  report. 

Acts,  Sec.  22 102 

REPORTS  of, 

auction  duties — 

See  {"Auctioneers.") 

Board  of  Fire  Commission- 
ers— 

copies  of  for  City  Council. 

Ords.,  Art.  11,  Sec.  5....737-8 

fire  companies — 

age,  admission  and  dis- 
charge of  members. 

Ords.,  Art.  11,  Sec.  18....  742 

sales — 

{See  ' 'Mortgages.  ’ ’) 

keepers  of  weights  and 
measures — 

monthly  returns  on  oath. 

Ords.,  Art.  17,  Sec.  22....  883 

REQUISITIONS, 

materials  to  prevent  spread  of 
tuberculosis. 

App.  B,  Sec.  3 1266-67 

Police  Department — 

{See  "Police  Commis- 
sioners.") 


REQUISITIONS.— (Cont’d). 
supplies — 

{See  ' 'Librarian.  ” ) 

RESIDENT  LABOR  ON 
PUBLIC  WORK, 

Paving  Commission,  to  give 


reference  to. 

Acts,  Sec.  §841o 541 

RESIGNATIONS, 

Sewerage  Commission. 

Acts,  Sec.  §824 508 

RESOLUTIONS, 


See  "Ordinances  and  Resolu- 
tions." 

RESTORATION  OF  STREET 
SURFACE, 

See  "Streets  and  City 
Engineer' ' and  ' ' Water. ' ' 

penalty  for  failure  of  per- 
sons digging  up  streets  to 
restore  same. 

Ords.,  Art.  36,  Sec.  8....1143 

RESTRICTED  FRANCHISES 
OR  GRANTS, 

Acts,  Sec.  8 95 

RETIRED  POLICEMEN, 

See  "Police  Commissioners" 
and  ' 'Special  Police  Fund. ' ' 

RETIRING  SALARY, 

See  "Special  Police  Fund." 

RETURN  DAYS, 

See  "Appeal  Tax  Court" 
and  "Courts." 

Acts,  Sec.  303 262 

RETURN  of, 

assessments  — 

— clerk  to  transmit  return  to 
State  Comptroller;  penalty 
on  failure. 

Acts,  Sec.  162 180 

— States  Attorney  to  inform 
Grand  Jury  of  default  of 
clerk  of  Appeal  Tax 
Court. 

Acts,  Sec.  163 180 


return. 


1559  RIGGING  OF  VESSELS. 


Page  I 

RETURN  of.— (Cont’d).  | 

valuations — 

—personal  property  not  re- 
turned owner. 

Acts,  Sec.  159 179 

RETURN  TANKS, 

hydraulic  elevators  to  be  pro- 
vided with. 

Ords.,  Art.  41,  Sec.  57....1219 

RETURNS  BY  AUCTION- 
EERS, 

See  ‘ 'A  uctioneers.  ’ ’ 

REVIEW  AND  ASSESS- 
MENT, 

Department  Of, 


— Board  of  Review  and  Assess- 
ment to  be  head  of. 

Acts,  Sec.  145 170 

— composition  of. 

Acts,  Sec.  145 170 

Acts,  Sec.  31 109 

— Commissioners  for  Open- 
ing Streets,  second  sub- 
department  of  depart- 
ment of. 

Acts,  Sec.  172 189 

— duties  and  powers. 

Acts,  Sec.  145 170 

REVIEW  OF  ASSESS- 
MENTS, 

See  "'‘Appeal  Tax  Court.'" 

Acts,  Sec.  170 184 


REVIEW  OF  PROCEEDINGS 
IN  SEWER  OPENINGS, 

procedure  in. 

Ords.,  Art.  33,  Sec.  8.... 1066 

REVISORY  POWER  OF 
COURT, 

Acts,  Sec.  317 270-271 

REVOCATION  OF  PER- 
MITS, 

cases  cited  thereon. 

note 575 

REVOKED  LICENSES, 

provisions  relating  to. 

Ords.,  Art.  41,  Sec.  14....1200 


Page 

REVOLVERS, 

sales,  gifts,  etc.,  of,  regula- 
tions for. 

Ords.,  Art.  25,  Secs.  78- 
85 985-987 


REWARDS, 

See  "Police  Commissioners." 
criminals — 

— Mayor  to  offer  rewards  for  in 
certain  cases. 

Ords.,  Art.  1,  Sec.  12 575 

false  alarm  of  fire — 

— Chief  Engineer  to  offer  for. 

Ords.,  Art.  11,  Sec.  51....  754- 

I incendiaries — 

1 — Fire  Inspector  to  offer  for. 

Ords.,  Art.  11,  Sec.  42....  751 

Mayor  to  offer,  for  certain 
crimes, 

Ords.,  Art.  1,  Sec.  12....  575 
policemen — 

— fees,  gifts,  etc.,  to, prohibit- 
ed. (^See  "Special  Police 
Fund.") 

RICHMOND  MARKET, 

obstructions  wdthin  certain 
limits  forbidden. 

Ords.,  Art.  23,  Secs.  109- 
110 951 

provisions  relating  to. 

Ords.,  Art.  23,  Secs.  106- 
108 959 

{See  "Richmond  Market" 
under  '‘"Markets.") 


RIDERS  AND  DRIVERS, 

of  horses  and  vehicles — 

— speed  limited  to  six  miles  per 
hour,  penalty  for  exces- 
sive speed. 

Ords.,  Art.  4,  Sec.  9 684 

RIGGING  OF  VESSELS, 

See  " "Harbor.,  Docks  and 
Wharves." 

Ords.,  Art.[13,  Sec.  34....  786 


RIGHT  OF  WAY. 


SAFF  WEIGHTS. 


1560 


Page 

RIGHT  OF  WAY, 

ambulances  to  have. 

Ords.,  Art.  16,  Sec.  14....  873 

salvage  corps  to  have  going 
to  fires. 

Ords.,  Art.  11,  Sec.  45..  752 

RIGHT  OF  WAY  ON 
TRACKS, 

rights  of  vehicles  on  tracks, 
penalty. 

vehicles  not  to  delay  cars. 

Ords.,  Art.  30,  Sec.  45....1030 

ROOFS,  CORNICES  AND 
SCUTTLES, 

See  '''' Buildings.'' 

Ords.,  Art.  3,  Secs.  121- 
123 647-648 

RUBBISH  AND  WASTE 
MATERIALS, 

boxes  for  at  street  corners. 

Ords.,  Art.  36,  Sec.  10....1144 

RULES  AND  REGULATIONS, 

See  ‘ ''Buildings;' ' ‘ ''Fire 

Department"  and  '''' Special 
Police  Fund.'' 

fire  department — 

— Fire  Commissioners  to  pre- 
pare and  post. 

Ords.,  Art.  11,  Sec.  7....  738 

police  department — 
i^See  "‘Police  Commission- 
ers.") 

Water  Board  to  prescribe. 

Ords.,  Art.  40,  Sec.  1....1177 

RULES  FOR  PLUMBING, 

designated  by  Inspector  of 
Plumbing,  compliance  with. 
Ords.,  Art.  14,  Sec.  133..  837 
838 

RULES  OF  CITY  COUNCIL, 

See  "City  Council." 


Page 

SABBATH, 

See  "Vehicles." 

ball  playing,  quoits,  kites, 
fishing,  etc.,  unlawful  on, 
penalty. 

Ords.,  Art.  31,  Sec.  2 1041 

cattle,  horses,  etc.,  not  to  be 
driven  through  streets  on, 
proviso,  penalty. 

Ords.,  Art.  31,  Sec.  1 1040 

driving  cattle  on,  unlawful. 

Ords.,  Art.  25,  Sec.  15....  965 

fines  and  penalties  imposed, 
recovery  of. 

Ords.,  Art.  31,  Sec.  5 1041 

gaming,  hunting,  etc.,  on, 
unlawful,  penalty. 

Ords.,  Art.  31,  Sec.  3 1041 

ice  ; sale  of  on,  prohibited. 


Acts,  Sec.  806 499 

“ “ 807 499 


parades  with  music  unlawful 
on,  penal  tv,  proviso. 

Ords.,  Art.  31,  Sec.  4 1041 

sales  on  ; articles  prohibited, 
penalty. 

Ords.,  Art.  31,  Sec.  2 1040 

SAFETY  GATES, 

See  "Railroads  and  Rail- 
ways. ' ' 

SAFETY  REGULATIONS 
FOR  HOTELS, 

See  "Buildings"  and  "In- 
spector of  Buildings. ' ' 

floor  plan,  fire  escapes,  inspec- 
tions, penalty. 

Ords.,  Art.  11,  Secs.  67- 
68  758,  759 

SAFE  WEIGHTS  ON  FLOORS 
OF  BUILDINGS. 

See  "Buildings"  sub-title 
‘ 'Loads  on  Floors,  Weights 
and  Strains. ' ' 


ST.  MARTHA’S. 


sates. 


Page 


1561 

SALES. — (Cont’d). 

In, 


Page 

ST.  MARTHA’S  EPISCOPAL 
HOUSE, 

appropriation  from  city  for 
conduct  and  management. 

Acts,  Sec.  §885a 561 

ST.  MARY’S  INDUSTRIAL 
SCHOOL, 

See  ''Houses  of  Refuge  and 
Reformation.  ’ ’ 

ST.  VINCENT  OF  PAUL’S 
ORPHAN  ASYLUM  OF 
BALTIMORE, 

See  "Houses  of  Refuge  and 
Reformation.  ’ ’ 

SALES, 

See  "Appeal  Tax  Court;" 
"Assessments;"  "City  Col- 
lector;"  "City  Register ;" 

' ' Comptroller;  " " Health;'  ’ 
"Inspections,  Weights  a?id 
Measures  "and"  Charcoal.  ’ ’ 
"Markets;"  "Nuisances" 
and  "Taxes." 

By, 

— auctioneers.  {See  "Auc- 
tioneers. ’ ’ ) 

— minors.  (See  "Larceny."') 

For, 

— Burnt  District  assessments 
— for  collection  of. 
App.A.Secs.  14-15.1250-1251 
— livery  charges. 

Acts,  Sec.  292 257 

— taxes.  (See  ' ' Tax  Sales.  ”) 

— balance  of  purchase 
money — to  whom  and 
when  payable. 

Ords.,  Art.  38,  Sec.  31 

1167,1168 

— fee  simple  interest,  when 
to  be  sold. 

Ords.,  Art.  38,  Sec.  28....1166 
— leasehold  interest  to  be 
sold  first. 

Ords. , Art.  38,  Sec.  28....1166 
— list  of  for  public  inspec- 
tion. 

Ords.,  Art.  38,  Sec.  30....1167 
— resale  of  unredeemed 
property  bought  by  city 
at  tax  sales. 

Ords.,  Art.  6,  Secs.  10, 

11 701,  702 


— markets.  {See  "Markets'’' 
sub-title  "Sales  in.") 

— clothing,  merchandise, 

etc.,  prohibited;  pen- 
alty ; proviso. 

Ords.,  Art.  23,  Sec.  34.... 

929-30 

— fresh  meat  at  retail  only 
at  butchers  stalls,  pen- 
alty. 

Ords.,  Art.  23,  Sec.  35..  930 
— meat,  unsound  or  un- 
wholesome, unlawful, 
penalty. 

Ords., Art.  23,  Sec.  30....  929‘ 
— provisions,  etc.,  weighing 
of,  penalty  for  false 
weights. 

Ords.,  Art.  23,  Sec.  31....  929 
— wines  and  liquors  forbid- 
den, penalty. 

Ords.,  Art.  23,  Sec.  36..  930 
— streets.  (See  "Auctions.  ”) 

Ords.,  Art.  23,  Sec.  36....  930’ 
— cows  or  other  neat  cattle 
prohibited,  penalty. 

Ords., Art.  23,  Sec.  38....  930’ 
— enticing  purchasers  from 
stores,  etc.,  unlawful, 
penalty. 

Ords.,  Art.  25,  Sec.  94....  989 
— hawking  after  10  p.  m.; 
police  regulations. 

Ords., Art.  25,  Sec.  91.. 

988-9 

— Sabbath  sales  unlawful, 
penalty. 

Ords.,  Art.  31,  Sec.  2....1040 
— soliciting  purchasers — ob- 
structing streets,  etc., 
thereby  unlawful,  pen- 
alty. 

Ords.,  Art.  25,  Sec.  92....  989 
— theatre  tickets,  prohibit- 
ed, penalty. 

Ords.,  Art.  25,  Sec.  93  ...  989 

Of, 

— charcoal  (See  "Inspections, 
Weights  and  Measures.") 

— city  property,  auction  of 
leasehold  interest;  terms. 
Ords.,  Art.  34,  Sec.  12.... 1080’ 
— coal  — penalty  for  short 
weight ; proviso. 

Ords.,  Art.  17,  Sec.  31....  885 


SALES. 


salaries. 


Page 


1562 


Page 

SALES.— (Cont’d). 

Of. — (Cont’d). 

— firecrackers — other  than  in 
original  package,  prohib- 
ited, penalty. 

Ords.,  Art.  11,  Sec.  58....  756 
— firewood — cord,  unit  of 
measurement,  penalty, 
proviso. 

Ords.,  Art.  17,  Sec.  32....  886 
— gasoline. 

— automobile  storage  sta- 
tions, sales  in. 

Ords.,  Art.  11,  Sec.  75  761 
— cans  for,  in  domestic  use. 

Ords.,  Art.  11,  Sec.  78..  763 
— stoves;  permit,  fee,  reg- 
istry of  dealers. 

Ords.,  Art.  11,  Sec.  77  762 

— ice. 

sales  by  weight,  weighing 
at  time  of  sale,  bushel 
measure,  penalty. 

Ords.,  Art.  17,  Sec.  33..  886 
— liquor  forbidden  in  certain 
places. 

{See  ''Licenses."^ 

— meat — salted,  etc.,  licenses 
for;  proviso. 

Ords.,  Art.  41,  Sec.  16 

1200,1201 

— sales  by  unauthorized 
persons  in  markets. 

Ords.,  Art.  23,  Sec.  29..  928 
— milk,  adulterated,  pro- 
hibited. 

Ords.,  Art.  14,  Sec.  56..  812 
— pistols  and  firearms;  police 
regulations  for. 

Ords.,  Art.  25,  Secs. 

78-85 985-987 

— property,  chancery  sales  to 
be  reported  to  Appeal 
Tax  Court. 

Acts,  Sec.  165 182 

— non-payment  of  bene- 
fits assessed  in  opening, 
etc.,  sewers. 

Ords.,  Art.33,Sec.  10..1069 
— sale  by  Comptroller  for 

Ords.,  Art.  38,  Sec.  37 

1169,1170 

— residue  of  lots  taken  in 
opening,  etc.,  sewers. 

Ords.,  Art.  33,  Sec.  7 

1063-64 

— of  property  taken  in 
opening,  etc.,  streets. 

Acts,  Sec.  176 192 


SALES. — (Cont’d) . 

Of. — (Cont’d). 

— state  lands  in  Burnt  Dis- 
trict. 

App.  A,  Secs.  33-34  1261 

— unsound  or  tainted  food 
and  food  products. 

Ords.,  Art.  14,  Sec.  57..  813 

On- 

— Sabbath,  sale  of  ice  forbid- 
den; penalty. 

Acts,  Secs.  806,  807. 499 

Under — 

— decrees  and  under  General 
Law. 

{See  Mortgages. 

SALARIES, 

See  under  titles  of  various 
municipal  officials  and  de- 
partments. 

almshouse,  superintendent 
of. 

Acts,  Sec.  113 161 

Annex  Improvement  Com- 
mission. 

Acts,  Sec.  §841b 531-2 

Appeal  Tax  Court,  members 
of. 

Acts,  Sec.  146 170 

Assistant  Superintendent  of 
Lamps  and  Lighting. 

Ords.,  Art.  20,  Sec.  2 893 

bailiffs  and  criers  of  City 
Courts — amount  and  pay- 
ment. 

Acts,  Secs.  372-374 288 

Board  of  Estimates — powers 
in  relation  to. 

Acts,  Sec.  36A 117 

— of  Liquor  License  Commis- 
sioners. 

Acts,  Sec.  670 411 

boiler  inspectors. 

Acts,  Sec.  584 354 

Buildings,  Inspector  of. 

Acts,  Sec.  79  141 

Burnt  District  Commission. 

App.  A,  Sec.  1 1235 


SAI.  ARIES. 


saeariks. 


Page 


1563  . 


Page 

SALARIES.— (Cont’d). 

Charities,  Supervisors  of  City — 


Secretary  to. 

Acts,  Sec.  104 157 

City  Collector. 

Acts,  Sec.  42 122 

— compensation  of. 

Ords.,  Art.  38,  Sec.  23....1164 

City  Librarian. 

Acts,  Sec.  196 204 

— assistants  to. 

Acts,  Sec.  198 206 

City  Register. 

Acts,  Sec.  35 112 

City  Solicitor. 

Acts,  Sec.  61  133 

— assistants  of. 

Acts,  Sec.  62 134 

clerks  of  courts — payment  of 
salaries. 

Acts,  Sec.  370 287 

clerk  to  Commissioners  for 
Opening  Streets. 

Acts,  Sec.  172 190 

Commissioner  of  Health,  as- 
sistants to. 

Acts,  Sec.  76 140 

Commissioners  for  Opening 
Streets. 

Acts,  Sec.  172 189 

— and  clerk  per  diem  of. 

Acts,  Sec.  190 201 

Comptroller. 

Acts,  Sec.  33 110 

—subordinates  of. 

Ords.,  Art.  6,  Sec.  17....  703 
— to  certify  to  correctness  of. 

Ords.,  Art.  6,  Sec.  4 700 

constables,  fixed  by  law  or 
ordinance. 

Acts,  Sec.  206 209 

coroners. 

Acts,  Sec.  294 258 

court  stenographers. 

Acts,  Sec.  279 290 

Department  of  Legislative 
Reference — salary  of  execu- 
tive officer. 

Acts,  Sec.  208C 211 


Deputy  City  Solicitor. 
Acts,  Sec.  62 


SALARIES.— (Cont’d) . 

Deputy  Register, 

Acts,  Sec.  35 112 

District  Superintendents  of 
Lamplighters. 

Ords.,  Art.  20,  Sec.  2....  893 

Electrical  Commission,  Chief 
Engineer. 

Ords.,  Art.  9,  Sec.  2 718- 

employes — 

— when  to  be  paid. 

Ords.,  Art.  1,  Sec.  42. .584-585- 

Fire  Commissioners,  Board 
of. 

Acts,  Sec.  69 137 

— department,  members 
of. 

Ords.,  Art.  11,  Sec.  3,  736 

firemen — salary  list  of. 

Ords.,*Art.  11,  Sec.  3,....  736 

First  Branch  City  Council, 


members  of. 

Acts,  Sec.  210 212 

Grand  Jury,  clerk  to. 

Acts,  Sec.  604A 362 

Harbor  Engineer. 

Acts,  Sec.  88 147 

Health,  Commissioner  of. 

Acts,  Sec.  71 138 

Judges  of  Supreme  Bench. 

Ords.,  Art.  8,  Sec.  1 716 


lamps  and  lighting,  subordi- 
nates of  Superintendent  of. 
Ords.,  Art.  20,  Sec.  2 893 

Liquor  License  C o m m i s - 
sioners,  Board  of. 

Acts,  Sec.  670 411 

market  employes. 

Ords.,  Art.  23,  Sec.  2, 
918-919 

marshal’s  clerk. 

Acts,  Sec.  746 458-459 

Mayor’s  clerk. 

Ords.,  Art.  1,  Sec.  7 574 

— secretary. 

Ords.,  Art.  1,  Sec.  6, ....573 
— sten  ograph  er . 

Ords.,  Art.  1,  Sec.  9,  574 


134 


SALARIES. 


1564  SANITARY  REGULATIONS. 


Page 

SALARIES.— (Cont’d) . 

New  Sewerage  Commission. 

Acts,  Sec.  §824a 508 

officers  of  sub-department  of 
Board  of  School  Commis- 
sioners. 

Acts,  Sec.  99 152 

Park  Commissioners,  secre- 
tary to. 

Acts,  Sec.  90...: 148 

Paving  Commission,  Chair- 
man and  Secretary. 

Acts,  Sec.  §841k 536 

— Police  Commissioners. 

Acts,  Sec.  740 ,...448 

— Examiners. 

Acts,  Sec.  745A 454 

— force,  physician  to. 

Acts,  Sec.  773 473-474 

— force,  salaries  of  officers 
and  men. 

Acts,  Sec.  745 453-454 

— officers  and  men  on  re- 

tired list,  {See Special 
Police  Fund.  ’ ’ ) 

President  Second  Branch  City 


Council. 

Acts,  Sec.  214 214 

Quarantine  Hospital  physi- 
cian. 

Acts,  Sec.  76 140 

Second  Branch  City  Council, 

members. 

Acts,  Sec.  211 212 


Sewerage  Commission , 

chairman  and  members  of. 
Ords.,  Art.  33,  Sec.  26,  1075 


station-house  Justices,  when 
payable. 

Acts,  Sec.  636 382 

street  cleaning,  Commission- 
er of. 

Acts,  Sec.  83 143 

subordinates  and  employes 
under  School  Commission- 
ers. 

Acts,  Sec.  99 152 

— of^  City  Register. 

Ords.,  Art.  6,  Sec.  26..  707 
— of  Comptroller. 

Acts,  Sec.  34 Ill 


Page 

SALARIES. — (Cont’d). 
substitute  Justices  at  station- 


houses. 

Acts,  Sec.  637 382 

Superintendent  of  Lamps 
and  Lighting. 

Acts,  Sec.  204 208 

— of  Public  Buildings. 

Acts,  Sec.  207 209 

Surveyor,  fixed  by  o r d i - 
nance. 

Acts,  Sec.  205 209 

trust  clerk  of  Circuit  Courts. 

Acts,  Sec.  371 287 

vaccine  physicians. 

Acts,  Sec.  77 141 

Water  Engineer. 

Acts,  Sec.  87 146 


SALES  STABLES, 

regulations  for  cows. 

Ords.,  Art.  14,  Sec.  38..  808 

SALOONS, 

See  ‘ 'Licenses' ' sub-title 
"Liquor  Licenses"  and 
‘ 'Police  Comissioners . ' ' 

dance  houses,  etc., 

— minors  in,  penalty  against 
proprietors. 

Acts,  Sec.  881 559 

SALT, 

snow,  use  in  melting  prohib- 
ited, penalty. 

Ords.,  Art.  25,  Sec.  77..  984 

SALVAGE  CORPS, 

See  "Fire  Commissioners." 
Ords.,  Art.  11,  Secs.  45- 
46 752 

SAND  AND  ASHES  IN 
STREETS, 

deposit  of  prohibited,  penalty, 
proviso. 

Ords.,  Art.  25,  Sec.  37....970 

SANITARY  AND  HYGENIC 
REGULATIONS, 

See' ' Buildings, ' ' and ' ' Tene- 
ment and  Lodging  Houses,' ' 


SCHOOLS. 


Page 


SANITARY  INSPECTORS.  1565 


Page 

SANITARY  INSPECTORS, 

Health,  Commissioner  of  to 


appoint. 

Acts,  Sec.  72 139 

vaccine  physician,  as. 

Acts,  Sec.  77 141 


SANITARY  REGULATIONS, 

See  '''‘Buildings;''  "'Health;" 

‘ ''Inspections,  Weights  and 
Measures;"  '''Nicisances" 
and''  'Quarantine  Hospital.' ' 
bakeries  and  confectioneries. 

Ords.,  Art.  17,  Sec.  35..886-7 

SARATOGA  STREET, 

cattle,  driving  through,  pro- 
hibited. 

Ords.,  Art.  25,  Sec.  30....  967 

SATISFACTION  OF 
DECREES, 

See  "Mortgages." 

SATURDAY  HALF  - HOLI- 
DAY 

See  ' 'Bills  of  Exchange  and 
Promissory  Notes. ' ’ 

municipal  departments,  office 
hours  on. 

Ords.,  Art.  15,  Sec.  3 868 

SAUSAGES  AND  PUDDINGS, 

licenses  for  sale  of,  in  markets, 
proviso. 

Ords.,  Art.  41,  Sec.  17....1201 

— penalty. 

Ords.,  Art.  41,  Sec.  16..1200-1 

SAWED  AND  SPLIT  WOOD, 

See  ' ' Wood. ' ' 

SCALE  BEAMS, 

inspection  and  stamping. 

Ords.,  Art.  17,  Sec.  12....  880 

SCHOOL  BOOKS, 

See  "Schools." 

SCHOOL  BUILDINGS, 

See  "Schools,"  sub-title 
"Buildings  of." 

SCHOOL  COMMISSIONERS, 

See  this  sub-title  under 
' 'Schools.  ’ ’ 


SCHOOLS, 

Books  of, 

— collection  of,  from  former 
pupils. 

Ords.,  Art.  32,  Sec.  8..1045-6 
— defaced  or  mutilated, 
parents,  etc.,  to  pay  for. 

Ords.,  Art.  32,  Sec.  8—1046 
— parents  or  guardians  to 
pay  for  when  lost,  de- 
faced, etc. 

Ords.,  Art.  32,  Sec.  8. .1045-6 
— penalty  for  parents  retain- 
ing books. 

Ords.,  Art.  32,  Sec.  8..1045-6 

Buildings, 

— American  flag  on. 

Ords.,  Art.  32,  Sec.  7....1045 
— Board  to  have  charge  of. 

Ords.,  Art.  32,  Sec.  1....1043 
— contracts  for. 

Acts,  Sec.  99 152-53 

— for  portable  buildings, 

award  of. 

Ords.,  Art.  32,  Sec.  5, 

1044-45 

— control  of  by  Board. 

Ords.,  Art.  32,  Sec.  1....1043 
— cost  of  erection  of  portable, 
how  paid. 

Ords.,  Art.  32,  Sec.  6....1045 
— Eastern  and  Western  High 
Schools,  renting  halls  of. 

Ords.,  Art.  32,  Secs.  2-3, 

1044 

— erection  of  portable.  In- 
spector of  Buildings  to 
superintend. 

Ords.,  Art.  32,  Sec.  5..1044-5 
— flags  to  be  raised  when 
schools  in  session  and 
on  holidays. 

Ords.,  Art.  32,  Sec.  7....1045 
— halls  of  Eastern  and  West- 
ern High  Schools,  rental 
of. 

Ords.,  Art.  32,  Secs.  2-3, 

1044 

— holida5^s,  flags  to  be  raised 
on. 

Ords.,  Art.  32.  Sec.  r....l045 
— lease  of  ground  for  portable. 

Ords.,  Art.  32,  Sec.  4....1044 
— legal  holidays  and  Me- 
morial Day,  flags  to  be 
raised  on. 

Ords.,  Art.  32,  Sec.  7....1045 

note 1045 


SCHOOLS. 


SCHOOLS. 


1566 


Page 

SCHOOLS.— (Cont’d). 

Buildings. — (Cont’d) . 

— plans  and  construction  of. 


Acts,  Sec.  99 153 

— plumbing,  heating  and 
ventilation  of. 

Acts,  Sec.  100 153-4 


— portable  buildings,  leasing 
ground  for. 

Ords.,  Art.  32,  Sec.  4....1044 
— property,  charge  and 
control  of,  in  Board. 

Ords.,  Art.  32,  Sec.  1....1043 
— rental  of  lots  portable, 
payment  of. 

Ords.,  Art.  32,  Sec.  6....1045 
— Supervisor  of  Heating, 
Plumbing  and  Ventila- 
tion. 

Acts,  Sec.  100 153-4 

— Western  and  Eastern  High 
Schools,  renting  halls 
of,  proviso. 

Ords.,  Art.  32,  Secs.  2, 

3 1044 

Contagious  Diseases, 

— certificate  for  teachers  ' 
exposed  to  contagion. 

Ords.,  Art.  32,  Sec.  38..1057 
— certificate  of  immunity  by 
vaccine  physician. 

Ords.,  Art.  32,  Sec.  39, 

1056-57 

— certificate  of,  to  parents  by 
physician  attending. 

Ords.,  Art.  32,  Sec.  35..1056 

— children  with,  to  be  ex- 

cluded from  schools. 

Ords.,  Art.  32,  Sec.  37..1057 
— duty  of  physician  and 
parents  in. 

Ords.,  Art.  32,  Sec.  35.. 1056 
— duty  of  parents  where  no 
physician  attending. 

Ords.,  Art.  32,  Sec.  36..1056 
— fines  and  penalties  for 
violations  hereunder. 

Ords.,  Art.  32,  Sec.  40..1058 
— fine  for  parent  failing  to 
notify  principal. 

Ords.,  Art.  32,  Sec.  36.. 1056 
— notice  of,  by  parents  to 
principal  of  school  with- 
in 24  hours. 

Ords.,  Art.  32,  Sec.  35. .1056 
— notice  to  Commissioners 
by  teachers  exposed  to 
contagion. 

Ords.,  Art.  32,  Sec.  38.. 1057 


Page 

SCHOOLS.— (Cont’d). 

Contagious  Diseases. — (Cont’d). 
— principals  to  exclude 
children  with. 

Ords.,  Art.  32,  Sec.  37..1057 
— teachers  exposed  to  con- 
tagion not  to  teach, 
penalty. 

Ords.,  Art.  32,  Sec.  38..1057 
— vaccine  physicians  to  certi- 
fy to  subsidence  of 
disease  when  no  physi- 
cian attending. 

Ords.,  Art.  32,  Sec.  39, 

1057-58 

Certificates,  Diplomas  and 
Prizes, 

— certificates  to  pupils  quit- 
ting school  before 
graduation. 

Ords.,  Art.  32,  Sec.  13..1047 
— City  College  graduates, 
diplomas  to,  form  of. 

Ords.,  Art.  32,  Sec.  11..1047 
— high  schools,  Baltimore 
Polytechnic  Institute, 
Colored  High  and  Train- 
ing School,  testimonials 
to  pupils. 

Ords.,  Art.  32,  Sec.  12..1047 

note 1048 

— Peabody  prizes,  distribu- 
tion of. 

Ords.,  Art.  32,  Sec.  14, 

1047-48 

Establishment, 

— of  free  public  school  system. 
Acts,  Sec.  6 67 

Funds, 

— accounting  for  funds  from 
intestates’  estates. 

Ords.,  Art.  32,  Sec.  17..1050 
— application  of  funds  from 
intestates’  estates. 

Ords.,  Art.  32,  Sec.  19..1050 
— approved  accounts  only, 
to  be  paid  by  Register. 

Ords.,  Art.  32,  Sec.  15..1049 
— attendance  ofiicers,  ap- 
pointment, salary. 

Ords.,  Art.  32,  Sec.  22..1051 
— bequests,  devises,  etc.. 
Board  to  receive  and  pay 
to  City  Register. 

Ords.,  Art.  32,  Sec.  16..1049' 


SCHOOLS. 


SCHOOLS. 


Page 


1567 


Page 

SCHOOLS.  -(Cont’d). 

Funds. — (Cont’d). 

— bequests  not  to  be  ex- 
pended in  same  year 
received. 

Ords.,  Art.  32,  Sec.  16..1049 
— City  Register  to  notify 
Board  of  receipt  of 
funds. 

Ords.,  Art.  32,  Sec.  18..1050 
— claims  against  intestates, 
estates,  prosecution  of. 

Ords.,  Art.  32,  Sec.  20, 

1050-51 

— committee  on  accounts  to 
examine  disbursement 
orders. 

Ords.,  Art.  32,  Sec.  15, 

1049-50 

— Comptroller  to  receive 
from  teachers,  etc. 

Ords.,  Art.  32,  Sec.  15..1049 
— conditions  in  bequests,  to 
be  followed  in  applica- 
tion of. 

Ords.,  Art.  32,  Sec.  16..1049 
— contingent  fees  for  prose- 
cution of  claims  against 
intestates’  estates. 

Ords.,  Art.  32,  Sec.  20, 

1050-51 

— disbursement  orders, 
when  to  be  honored  by 
Register. 

Ords.,  Art.  32,  Sec.  15..1049 
— intestates’  estates,  funds 
from  subject  to  orders 
of  Board. 

Ords.,  Art.  32,  Sec.  17..1050 
— intestates’  estates, account- 
ing for  funds  from. 

Ords.,  Art.  32,  Sec.  19..1050 
— notice  to  Board  by  Regis- 
ter of  receipt  of  funds. 

Ords.,  Art.  32,  Sec.  18..1050 
— payment  of  salaries  month- 
ly- 

Ords.,  Art.  32,  Sec.  21..1051 
— president  of  Board  to  sign 
disbursement  orders. 

Ords.,  Art.  32,  Sec.  15..1049 
— prosecution  of  claims 
against  intestates’ estates. 

Ords.,  Art.  32,  Sec.  20, 

1050-51 

— receipt  and  disbursement 
of,  through  Comptroller 
and  City  Register. 

Ords.,  Art.  32,  Sec.  15..1049 


SCHOOLS.— (Cont’d). 

Funds. — (Cont’d). 

— salaries  to  be  paid  monthly. 

Ords.,  Art.  32,  Sec.  21..1051 
— Secretary  of  Board  to  sign 
disbursement  orders. 

Ords.,  Art.  32,  Sec.  15..1049 

general  powers. 

Acts,  Sec.  6 67 

ice  and  snow  in  front  of,  re- 
moval of. 

Ords.,  Art.  36,  Sec.  15....1145 


Intestates’  Estates, 

— undistributed  funds  to  be 
paid  to  Board  of  School 
Commission  ers . 

Acts,  Sec.  808  500 

— notice  by  advertisement  to, 
given  by  administrator. 

Acts,  Sec.  809 500 

— release  to  administrator  on 
payment  of  funds  to 
School  Commissioners. 

Acts,  Sec.  810 500 

— terms  of  release. 

Acts,  Sec.  811  501 

— restoration  of  funds  when 
legal  representatives  ap- 
pear. 

Acts,  Sec.  812 501 

— foregoing  provisions  not  to 
affect  Charitable  Marine 
Society. 

Acts,  Sec.  813  501 

Johns  Hopkins  University, 

— power  to  confer  degrees. 

Acts,  Sec.  815 502 

— to  confer  honorary  de- 
grees. 

Acts,  Sec.  815  502 

— to  establish  branches. 

Acts,  Sec.  814 501 

— to  purchase  and  hold 
property. 

Acts,  Sec.  814 501 

— to  keep  and  maintain 
principal  office  in  city. 

Acts,  Sec.  814 501 

levy  and  collection  of  tax  for. 

Acts,  Sec.  6 67 


libraries  for, 

— City  College  and  High 
Schools,  established  at. 
Ords.,  Art.  32,  Sec.  9....1046 


SCHOOI.S. 


SCHOOLS, 


1568 


Page 

SCHOOLS.— (Cont’d). 

McDonogh  Institute  School 
Farm, 

— funds  for,  investment,  etc. 

Ords.,  Art.  22,  Sec.  5....  910 

Maryland  Institute, 

— annual  inspection  of  by 
Mayor,  etc. 

Ords.,  Art.  32,  Sec.  31..1054 
— annual  report  of  president 
of,  to  Mayor,  etc. 

Ords.,  Art.  32,  Sec.  30..1053 
— appointment  of  pupils  in. 

Ords.,  Art.  32,  Sec.  29..1053 
— appropriation  for,  payment 
of  by  comptroller. 

Ords.,  Art.  32,  Sec.  31..1054 
— City  Council,  members  of 
to  appoint  pupils  to. 

Ords.,  Art.  32,  Sec.  29.1053 
— contract  with,  for  instruc- 
tion of  city  pupils. 

Ords.,  Art.  32,  Sec.  28  .1053 
— inspection  of,  annually  by 
Mayor,  etc. 

Ords.,  Art.  32,  Sec.  31. .1053 
— instruction  of  pupils  in, 
period  of. 

Ords.,  Art.  32,  Sec.  29..1053 
— Mayor  to  appoint  pupils  on 
neglect  of  councilmen. 

Ords.,  Art.  32,  Sec.  30.. 1053 

note 1053 

— payment  to,  for  tuition  of 
city  pupils. 

Ords.,  Art.  32,  Sec  31..1054 
— President  of,  to  notify  coun- 
cilmen of  vacancies 
among  pupils. 

Ords.,  Art.  32,  Sec'.  29..1053 
— report  of  President  of,  to 
Mayor,  etc.,  annually. 

Ords.,  Art.  32,  Sec.  30.. 1053 
— vacancies  among  pupils, 
councilmen  of  ward  en- 
titled, to  have  notice  of. 

Ords.,  Art.  32,  Sec.  29.. 1053 

Officers  of, 

appointment  of. 

Acts,  Secs.  99-100 152-153 

Parental  School, 

— board  to  make  rules  for. 

Ords.,  Art.  32,  Sec.  24..1052 
— buildings  and  grounds  for, 
lease  of. 

Ords.,  Art.  32,  Sec.  26.. 1052 


Page 

SCHOOLS.— (Cont’d). 

Parental  School. — (Cont’d). 

— children  habitually  truant, 
instruction  of. 

Ords.,  Art.  32,  Sec.  23..1051 
— confinement  of  truants,  term 
of. 

Ords.,  Art.  32,  Sec.  27..1052 
— contracts  for  instruction  of 
truants  at  corrective  in- 
stitutions. 

Ords.,  Art.  32,  Sec.  27..1052 
— courses  of  study,  board  to 
prescribe. 

Ords.,  Art.  32,  Sec.  25..1052 
— teachers  for,  employment 
of. 

Ords.,  Art.  32,  Sec.  25..1052 
— truants,  habitual,  instruc- 
tion of, 

Ords.,  Art.  32,  Sec.  23..1051 

Peabody  Institute, 


— and  fund. 

Acts,  Sec.  816 503 

Property  of, 

{See  '’‘‘Buildings.'''') 

Acts,  Sec.  6 67 

Ords.,  Art.  32,  Sec.  1 ...1043 
— ordinances  to  protect,  au- 
thorized. 

Acts,  Sec.  6 67 


School  Commissioners,  Board 
of, 

— administration  of  schools  to 
non-political  and  non- 
sectarian . 

Acts,  Sec.  99 152 

— appointment  of. 

Acts,  Sec.  99 152‘ 

— construction  and  plans  for, 
to  be  approved  by. 

Acts,  Sec.  99 153 

— contracts  for  school  build- 
ings, stationery  and  sup- 
plies. 

Acts,  Sec.  99 152-153 

— duties  of  school  visitors  to 
be  prescribed  by. 

Acts,  Sec.  102 156 

— instructions  to  Superin- 
tendents of  Public  In- 
struction . 

Acts,  Sec.  101 155 

— president  of. 

Acts,  Sec.  99 


152' 


SCHOOLS. 


SCREWS. 


Page 


1569 


Page 

SCHOOLS.— (Cont’d). 

School  Commissioner, 

Board  of. — (Cont’d). 

— principals,  professors,  in- 
structors and  tutors,  ap- 
pointment of. 

Acts,  Sec.  100 153 

— qualifications  of  members. 

Acts,  Sec.  99 152 

— salaries  of  subordinates  and 
teachers. 

Acts,  Sec.  99  152 

— school  visitors,  appoint- 

ment, assignments  and 
duties  of. 

Acts,  Sec.  100  153 

— subordinates  under,  appoint- 
ment and  removal  of. 

Acts,  Sec.  99 152 

— supervisor  of  heating, 
plumbing  and  ventilation 
of  school  buildings. 

Acts,  Sec.  100 153-154 

— teachers,  appointment, 
selection  and  removal 
of. 

Acts,  Sec.  99 152 

— term  of  commissioners. 

Acts,  Sec.  99 152 

— text-books  on  civil  govern- 
ment to  be  furnished 
and  used  in  public 
schools. 

Acts,  Sec.  §816a 503 

— stationery  and  furniture 
for  schools. 

Acts,  Sec.  99 153 

— unclaimed  funds  of  intes- 
tates’ estates  payable  to 
board . 

Acts,  Sec.  808 500 

snow  in  front  of,  removal  of. 
Ords.,  Art.  36,  Sec.  2, 

1140-41 

supplies  and  stationery  for. 

{See  ''Stationery.^') 

— contracts  for. 

Acts,  Sec.  99 152-153 

temporary  buildings  for. 

Ords.,  Art.  32,  Sec.  4....1044 

tuition, 

— books  and  stationery  free  to 
city  pupils. 

Ords.,  Art.  32,  Sec.  32, 

1054 


SCHOOLS.— (Cont’d). 

Tuition. — ( Cont’d) . 

— city  pupils  to  be  instructed 
free. 

Ords.,  Art.  32,  Sec.  32, 

1054 

— fees  for  tuition  of  non-resi- 
dent pupils. 

Ords.,  Art. 32,  Secs.  33- 

34 1054-5 

— instruction  to  be  free  to 
city  pupils. 

Ords.,  Art.  32,  Sec.  32, 

1054 

— non-resident  pupils,  in- 
struction of. 

Ords.,  Art.  32,  Sec.  33, 

1054-5 

— non-resident  tax-payers,  ex- 
ception of, 

Ords.,  Art.  32,  Sec.  34, 

1055-6 


— note 1055 

Visitors,  School, 

— appointment,  assignment 
and  duties  of. 

Acts,  Sec.  100 153 

— duties  and  meetings  of. 

Acts,  Sec.  102  155 


water  rates  to  schools  and 
academies. 

Ords.,  Art.  41,  Sec.  63..1220 
yards  of, 

— ice  and  snow,  removal  from. 

Ords.,  Art.  36,  Sec.  15..1145 

SCREENS  ON  STREET 
LAMPS, 

permits  for,  on  application. 

Ords.,  Art.  20,  Secs.  19- 
20 899 

placing  and  removal  by  Super- 
intendent of  Lamps  and 
Lighting. 

Ords.,  Art.  20,  Sec.  21....  899 
900 

SCREWS, 

standard  for  fire  plugs,  etc — 
threads,  opening,  etc. 

Ords.,  Art.  11,  Sec.  36....  749 


SAI.B  OF  CITY. 


1570  SESSIONS  OF  CITY  COUNCIL. 


Page 

SEAL  OF  CITY, 

city  may  use  and  alter  same. 

Acts,  Sec.  1 41 

City  Register  to  furnish  it 
free  when  required  as 
evidence  in  claims  of 
soldiers  and  seamen  in 
U.  S.  service,  etc. 

Ords.,  Art.  1,  Sec.  51....  588 


custody  and  use  of. 

Acts,  Sec.  35 112 

fees  for  impressions  of. 

Acts,  Sec.  35 112 


impression  of — to  be  rep- 
resentation of  Battle  Monu- 
ment. 

Ords.,  Art.  1,  Sec.  50....  588 

SEALING,  STAMPING, 
ETC.,'  METERS, 

duty  of  Superintendent  of 
Lamps  and  Lighting  re- 
lating tp. 

Ords.,  Art.  20,  Sec.  6....  895 

SEARCH  WARRANT, 

gunpowder,  concealment  of. 

Ords.,  Art.  11,  Sec.  83....  765 

SEATS  FOR  FEMALE  EM- 
PLOYES, 


manufacturing  and  mercan- 
tile establishments  to 
provide. 

Acts,  Sec.  505 324 

penalty  for  failure  to  pro- 
vide. 

Acts,  Sec.  506 325 

use  of  seats,  question  for 
jury  as  to  what  is  proper. 

Acts,  Sec.  505 324 

violations  of  provisions  de- 

fined. 

Acts,  Sec.  505 324 


SECOND  BRANCH, 

See  ''‘City  Council.'''’ 
appointments  during  recess 


of,  to  fill  vacancies. 

Acts,  Sec.  25 106 

confirmation  of  Mayor’s  ap- 
pointments. 

Acts,  Sec.  25 104 


Page 

SECOND  BRANCH.— (Cont’d). 
president  of — 

— member  Board  of  Awards. 


Acts,  Sec.  15 99 

— when  to  be  Mayor. 

Acts,  Secs.  18-19 101 

SECRETARY, 

New  Sewerage  Commission. 

Acts,  Sec.  §824a 509 


Board  Police  Commissioners. 

{See  ‘ '‘Police  C ommis- 
sioners.  ’ ’ ) 

Mayor. 

(See  ‘ ^ Mayor.  ” ) 

Police  Board. 

(See  ‘ 'Special  Police  Fund.  ’ ’ ) 

Police  Examiners. 

(See  '‘'‘Police  Examiners.'"') 

SECURITY, 

for  costs  and  fines — 

— Criminal  Court,  prohibited 
in. 

Acts,  Sec.  443  306 

SELECTION  OF  PAVING 
MATERIALS, 

See  ‘ 'Streets  and  City  Engi- 
neer. ’ ’ 

Ords.,  Art.  35,  Secs.  77- 
80 1120-1121 

owners  may  select  paving. 

Ords.,  Art.  35,  Sec.  71..1117 

SEMMES  ACT, 

grants  of  franchises,  etc. 

Acts.  Sec.  6 95 

SEPARATION  OF  PRISON- 
ERS, 

separate  confinement  of  cer- 
tain prisoners. 

Acts,  Sec.  140 168 

SEPTEMBER  TWELFTH, 

municipal  holiday. 

Ords.,  Art.  15,  Sec.  1 867 

SESSIONS  OF  CITY  COUN- 
CIL, 

See  "City  Council. 


SKWERS. 


Page 


SET-OFF  FOR  TAXES.  1571 


Page 

SET-OFF  FOR  TAXES, 

not  allowed  corporations 
owning  certain  city  stock 
loans. 

foot-note 174-175 

when  allowed  holders  of  city 
stock  loans. 

note 173 

SEWERAGE, 

Commission — 

(See  "‘Sewers."') 

— powers  not  modified. 


Acts,  Sec.  86  145 

connections — 

(See  "Sewers.") 

Acts,  Sec.  6 69 


— required  in  dairies,  when. 

Ords.,  Art.  14,  Sec.  41..  809 

Annex,  sewerage  in — 
provision  for  costs  of. 

Acts,  Sec.  §841h 534 

SEWER,  GAS  AND  WATER 

CONNECTIONS, 

permits  for. 

Ords.,  Art.  35,  Sec.  109..1133 
1134 

SEWERS, 

Appeals  In  Condemnation 
Proceedings, 

— attendance  of  persons  at 
hearings,  court  may 
compel. 

Ords.,  Art.  33,  Sec.  9.. 1067 
— Baltimore  City  Court  to 
hear. 

Ords.,  Art.  33,  Sec.  9. .1067 
— benefits  also  open  to  re- 
view. 

Ords.,  Art.  33,  Sec.  9.. 1068 
— city  or  owner,  either  may 
appeal. 

Ords.,  Art.  33,  Sec.  9.. 1067 
— ^^City  Register  to  produce 
records. 

Ords.,  Art.  33,  Sec.  9..1067 
— correction  and  alteration 
of  return. 

Ords.,  Art.  33,  Sec.  9.1068 
— cost  of  appeal  to  be  added 
to  assessment  in  discre- 
tion of  court. 

Ords.,  Art.  33,  Sec.  9..1068 


SEWERS.— (Cont’d). 

Appeals  in  Condemnation 
Proceedings. — ( Cont  ’ d ) . 

— defects  of  form  not  to  in- 
validate proceedings. 

Ords.,  Art.  33,  Sec.  9.. 1068 
— evidence,  record  of  pro- 
ceedings as. 

Ords.,  Art.  33,  Sec.  9..1068 
— hearings  and  procedure. 

Ords.,  Art.  33,  Sec.  9..1067 
—jury  trial,  jury  to  view 
property. 

Ords.,  Art.  33,  Sec.  9..1067 
1068 

— petition  for  appeal  to  be 
in  writing. 

Ords.,  Art.  33.  vSec.  9..1067 
— recording  return,  certifi- 
cate of  clerk  to,  filing 
with  City  Register. 

Ords.,  Art.  33,  Sec.  9.. 1068 
— time  limit  for  appeal. 

Ords  , Art.  33,  Sec.  9..1067 

appointment  of  substitute  for 
interested  commissioner. 

Ords.,  Art.  33,  Sec.  16  .1071 

awarding  contracts  for. 

Ords.,  Art.  33,  Sec.  22.. 1073 

Benefits  And  Damages  In 
Condemnations  For, 

— assessment  of  benefits  to 
be  lien  until  paid. 

Ords.,  Art.  33,  Sec.  14..1070 
— assignment  of  lien  to  per- 
son paying  benefits 
assessed. 

Ords.,  Art.  33,  Sec.  15.. 1071 
— balance  of  purchase  money 
on  sale  for  benefits 
assessed,  owner  to  re- 
ceive. 

Ords.,  Art.  33,  Sec.  13..1070 
— benefits,  sale  of  property 
for  non-payment  of. 

Ords.,  Art.  33,  Sec.  11. .1069 
— time  limit  for  payment  of. 
Ords.,  Art.  33,  Sec.  10 

1069 

— bills  for  benefits  to  be 
rendered  to  owners 
assessed. 

Ords.,  Art.  33,  Sec.  10.. 1069 
— City  Collector  to  notify 
owners  where  benefits 
assessed. 

Ords.,  Art.  33,  Sec.  10  . 1069 


SEWERS. 


SEWERS. 


Page 


1572 


Page 

SEWERS.— (Cont’d). 

Benefits  And  Damages  In 
Condemnations  For. — (Cont’d). 
— conditions  and  terms  of 
sales  for  benefits. 

Ords.,  Art.  33,  Sec.  12..1069 
1070 

— construction  work  not  to 
be  begun  until  damages 
paid  or  owners  consent 
in  writing. 

Ords.,  Art.  33,  Sec.  14..1070 
1071 

— costs  of  sales  for  benefits, 
payment  of. 

Ords.,  Art.  33,  Sec.  13..1070 
— deed  to  purchaser  at  sales 
for  non-payment  of  bene- 
fits. 

Ords.,  Art.  33,  Sec.  13..1070 
— investment  of  amount  of 
damages  in  city  stock 
before  beginning  work. 

Ords.,  Art.  33,  Sec.  14..1071 
— lien  of  benefit  assessments. 

Ords.,  Art.  33,  Sec.  14..1070 
— to  vest  in  any  volunteer 

paying  benefit  assess- 
ment. 

Ords.,  Art.  33,  Sec.  15 

1071 

— notice  of  re-sale  of  prop- 
erty for  benefits. 

Ords.,  Art.  33,  Sec.  12..1070 
— notice  of  sale  for  non- 
payment of  benefits, 
publication  of. 

Ords.,  Art.  33,  Sec.  11. .1069 
— to  owners  of  benefits 

assessed. 

Ords.,  Art.  33,  Sec.  10 

1069 

— payment  of  benefits,  time 
limit  for. 

Ords.,  Art.  33,  Sec.  10..1069 
— proceeds  of  sale.  Collector 
to  pay  to  Comptroller. 

Ords.,  Art.  33,  Sec.  11..1069 
— purchase  money,  payment 
to  owner. 

Ords.,  Art.  33,  Sec.  13..1070 
— re-sale  of  property  for  lien 
of  benefits,  return  of 
records  to  Comptroller. 

Ords.,  Art.  33,  Sec.  12..1070 
— sale  of  property  for  non- 
payment of  benefits, 
conditions  and  terms  of. 

Ords.,  Art.  33,  Secs. 

11-12 1069 


SEWERS.— (Cont’d). 

Benefits  and  Damages  In 
Condemnations  For. — (Cont’d). 


— benefits  and  damages  for 
constructing,  opening  or 
enlarging  sewers. 

Acts,  Sec.  818 504 

— assessed  for  construct- 
ing, opening,  etc.,  to 
be  lien. 

Acts,  Sec.  819 505 


chairman  of  Sewerage  Com- 
mission, salary  of. 

Ords.,  Art.  33,  Sec.  26..1075 

City  Engineer  to  construct. 

Acts,  Sec.  86 144 

— to  superintend  con- 

struction of. 

Ords.,  Art.  33,  Sec.  21 

1073 

— when  to  inspect  and  ex- 
amine. 

Acts,  Sec.  6 68 

city’s  share  of  costs;  amount 
thereof  may  be  met  by  levy 
of  tax  or  raised  by  loan ; 
sinking  fund  to  retire  such 
loans ; levy  for. 

Acts,  Sec.  823 506 

city  stock  to  amount  of  $5,000, 

000  for. 

Acts,  Sec.  824.... 506,  507 

closing  unauthorized  connec- 
tions with. 

Ords,,  Art.  33,  Sec.  23  ... 

1073-4 

Commissioner  interested  in 
property  taken  for ; ap- 
pointment of  substitute  for. 
Ords.,  Art.  33,  Sec.  16.. ..1071 

Commissioners  For  Opening, 

— assignment  of  damages 
when  benefits  also  as- 
sessed same  owner. 

Ords.,  Art.  33,  Sec.  5...:. .1062 
— assistants  and  agents,  au- 
thority to  employ. 

Ords.,  Art.  33,  Sec.  4 1061 

— benefits  and  damages,  as- 
signment of  latter  to  city 
when  both  assessed. 

Ords.,  Art.  33,  Sec.  5 1062 

— City  Surveyor  to  serve  on 
request  of. 

Ords.,  Art.  33,  Sec.  4 1061 


SEWERS. 


SEWERS. 


Page 


1573 


Page 

SEWERS.— (Cont’d). 
Commissioners  for 
Opening. — (Cont’d) . 

— clerk  of,  duties,  oath. 

Ords.,  Art.  33,  Sec.  4 1061 

— composition  of  Board  of. 

Ords.,  Art.  33,  Sec.  1 1060 

— damages,  assignment  of  to 
city. 

Ords.,  Art.  33,  Sec.  5 1062 

— duties  of  clerk  of  Board. 

Ords.,  Art.  23,  Sec.  4 1061 

— oath  of  office,  form  of. 

Ords.,  Art.  33,  Sec.  2 1060 

— record  of. 

Ords.,  Art.  33,  Secs.  3-4 

1061 

— of  clerk,  record  of. 

Ords.,  Art.  33,  Sec.  4.. ..1061 
— Surveyor  to  serve  Board 
when  required. 

Ords.,  Art.  33,  Sec.  4 1061 

Commissioner  of  Health  to 
inspect  and  examine — 


when. 

Acts,  Sec.  6 68 

condemnation  of  land  for. 

Acts,  Sec.  6 68 


Condemnation  of  Property 
For, 

— alteration  in  valuations  on 
review. 

Ords.,  Art.  33,  Sec.  8 1066 

— appeals  from  assessments, 
notice  of. 

Ords.,  Art.  33,  Sec.  8 1066 

— assessment  of  benefits  and 
damages. 

Ords  , Art.  33,  Sec.  6.. 1062-3 
— on  basis  of  area  drained. 

Ords.,  Art.  33,  Sec.  6 1063 

— award  of  damages  and 
benefits  when  part  only 
of  lot  taken. 

Ords.,  Art.  33,  Sec.  7 1065 

— basis  of  assessment  to  be 
area  drained. 

Ords.,  Art.  33,  Sec.  6 1063 

— benefits,  assessment  of  to 
property  directly  affected. 

Ords.,  Art.  33,  Sec.  6 1063 

— bond  of  purchaser  at  sale 
of  re.sidue  of  lots  taken. 

Ords.,  Art.  33,  Sec.  6 1063 

— claims  for  damages  to 
whole  lot,  proceedings  in. 

Ords.,  Art.  33,  Sec.  7 1063 


SEWERS.— (Cont’d). 

Condemnation  of  Property 
For. — (Cont’d). 

—correction  of  assessments 
on  review. 

Ords.,  Art.  33,  Sec.  8 1066 

— of  maps,  etc.,  on  review. 

Ords.,  Art.  33,  Sec.  8 1066 

— damages,  basis  of  assess- 
ments of. 

Ords.,  Art.  33,  Sec.  6 1063 

— compensation  where 
whole  lot  claimed  to  be 
destroyed. 

Ords.,  Art.  33,  Sec.  7.— 1063 
— deposit  of  proceedings  with 
City  Register. 

Ords.,  Art.  33,  Sec.  8..106S-6 
— description,  maps,  etc.,  of 
property  taken  to  be  filed 
with  City  Register. 

Ords.,  Art.  33,  Sec.  8 1065 

— excess  of  damages  over 
benefits,  payment  of. 

Ords.,  Art.  33,  Sec.  6 1063 

— expenses  of  proceedings  to 
be  included  in  assessment. 

Ords.,  Art.  33,  Sec.  6 1063 

— fee  and  leasehold  to  be  dis- 
tinguished in  taking  prop- 
erty. 

Ords.,  Art.  33,  Sec.  17..1071-2 
— improvements,  etc.,  on 
lots  taken,  sale  and  re- 
sale of. 

Ords.,  Art.  33,  Sec.  7 1064 

— investment  of  amount  of 
damages  in  city  stock. 

Ords.,  Art.  33,  Sec.  7 1063 

— leasehold  and  fee  to  be 
distinguished  in  taking 
property. 

Ords.,  Art.  33,  Sec.  7..1071-2 
— meeting  for;  to  proceed, 
in  accordance  with  notice. 

Ords.,  Art.  33,  Sec.  6 1062 

— notice  of  appeals  from  as- 
sessments. 

Ords.,  Art.  33,  Sec.  8 1066 

— of  contemplated  work  to 
owners  of  property  af- 
fected. 

Ords.,  Art.  33,  Sec.  6....1062 
— of  review  of  proceedings. 

Ords.,  Art.  33,  Sec.  8....1066 
— of  sale  and  re-sale  of  im- 
provements on,  and  resi- 
due of  lots  taken. 

Ords.,  Art.  33,  Sec.  7. ...1064 


SKwKRS. 


SRWKRS. 


Page 


1574 


Page 

SEWERS.— (Cont’d). 

Condemnation  of  Property 
For. — (Cont,d). 

— to  owners  where  whole 

lot  destroyed. 

Ords.,  Art.  33,  Sec.  7....1065 
— proceedings  in  assess- 
ments, record  of,  deposit 
with  City  Register. 

Ords.,  Art.  33,  Sec.  8....1065-6 
— r e c o r d of  proceedings, 
maps,  etc.,  to  be  filed 
with  City  Register. 

Ords.,  Art.  33,  Sec.  8 1065 

— review  of  proceedings, 
meeting  for,  time  limit 
for. 

Ords.,  Art.  33,  Sec.  8 1066 

— sale  and  resale  of  improve- 
ments, etc.,  on,  and  resi- 
due of  lots  taken. 

Ords.,  Art.  33,  Sec.  7 1064 

— surrender  of  lots  damaged, 
by  owners. 

Ords.,  Art.  33,  Sec.  7 1065 

— tender  of  value  where  dam- 
age claimed  to  whole  lot. 

Ords.,  Art.  33,  Sec.  7 1063 

Construction,  Opening,  Enlarg- 
ing or  Straightening 
of  Sewers, 


— appeals  from  assessments 
for  by  Commissioners ; 
jurv  trial  of  appeals. 

Acts,  Sec.  818 504 

— assessments  of  benefits  and 
damages. 

Acts,  Sec.  818 504 

— benefits  in. 

Acts,  Sec.  818 504,  505 

— compensation  to  owners 
absent  or  under  disabili- 
ties. 

Acts,  Sec.  818 : 505 

— damages  in. 

Acts,  Sec.  818 504 

— jury  trial  in  appeal  from 
assessments. 

Acts,  Sec.  818 505 

— levy  of  assessments  in. 

Acts,  Sec.  818 504 

— loan  to  defray  cost  of. 

Acts,  Sec.  818 504 

— notice  of  to  owners. 

Acts,  Sec.  818 504 

— on  private  property. 

Acts,  Sec.  818 


SEWERS.— (Cont’d). 
Construction,  Etc. — (Cont’d). 


—on  public  property. 

Acts,  Sec.  818 504 

— powers  of  city  in  relation 
to. 

Acts,  Sec.  818 504 

— power  to  pass  ordinances 
relating  to. 

Acts,  Sec.  818 505 

— procedure  in  determining 
assessments  of  benefits 
and  damages. 

Acts,  Sec.  818 504 


connections  with,  penalty  for 
unauthorized  tapping. 

Ords. , Arts.  33,  Sec.  23... .1073 

contracts  for  construction, 
etc..  City  Engineer  to  pre- 
pare plans,  etc.,  for. 

Ords.,  Art.  33,  Sec.  22.. ..1073 

cost  of  repairs — by  whom 
paid. 

Acts,  Sec.  6 69 

deposit  of  records  of  work 
with  City  Register. 

Ords.,  Art.  33,  Sec.  20.. ..1072 

drains,  private,  construction 
of,  permit  for. 

Ords,,  Art.  33,  Sec.  24....1074 

duty  of  City  Engineer  in  re- 
spect to  construction. 

Ords.,  Art.  33,  Secs.  21- 


25 1073-4 

expenses — of  inspecting  sew- 
ers. 

Acts,  Sec.  6 68,  69 


— per  diem  of  commissioners 
and  clerks. 

Ords.,  Art.  33,  Sec.  19....1072 

fee  and  leasehold  interests  to 
be  discriminated  in  taking 
property. 

Ords.,  Art.  33,  Sec.  17....1071 

fines  and  penalties  imposed, 
collection  of. 

Ords.,  Art.  33,  Sec.  27.... 1075 

gas  works  refuse  in,  preven- 
tion of,  penalty. 

Ords.,  Art.  33,  Sec.  25..1074-5 

general  powers. 

Acts,  Sec.  6 68 


504 


SEWERS. 


SEWERS. 


Page 


1575 


Page 

SEWERS.— (Cont’d). 

Construction,  Etc. — (Cont’d). 

inspection  by  City  Engineer. 
Ords.,  Art.  35,  Sec.  10.... 

1093-94 

Jones’  Falls,  exemption  from 
provisions  for  streets. 

Acts,  Sec.  600 359 

leasehold  and  fee  to  be  dis- 
criminated in  taking  prop- 
erty for. 

Ords.,  Art.  33,  Sec.  17....1071 

lien  of  assessments  for  bene- 
fits ; same  recoverable  as 
cit}^  taxes  are. 

Acts,  Sec.  819 505 

loan  of  $5,000,000  for  sewers, 
etc. 

Acts,  Sec.  824 506,  507 

New  Sewerage  Commission, 

— annual  appropriations  for 
cost  of  work;  duty  of 
Board  of  Estimates. 

Acts,  Sec.  §824f 515 

— appointment  of;  composi- 
tion of;  selection  of  ap- 
pointees to. 

Acts,  Sec.  §824a 507 

— approval  of  ordinance 
authorizing  loan. 

Acts,  Sec.  §824f 516 

— chairman  of;  his  compen- 
sation; to  preside  over 
meetings. 

Acts,  Sec.  §824a 509 

— city  stock  to  amount  of 
110,000,000  to  be  sold  to 
defray  cost  of  system; 
sinking  fund  e s t a b - 
lished. 

Acts,  Sec.  §824f 515 

— compensation  of  members 
of. 

Acts,  Sec.  §824a 508 

— confirmation  of  nomina- 
tions to,  by  Second 
Branch. 

Acts,  Sec.  §824a 507 

— connections  with  system 
to  be  made  by  owners  of 
property  when  portions 
of  system  are  ready  for 
service. 

Acts,  Sec.  §824g 516 


SEWERS.— (Cont’d). 

New  Sewerage  Commission. 

— (Cont’d). 

— drainage  connections  to 
be  maintained  unob- 
structed; power  of  city 
to  enforce  observance 
of  its  regulations  in  re- 
lation to. 

Acts,  Sec.  §824g 516-517 

— duties  of  commission;  to 
have  all  necessary  powers 
to  perform  its  duties. 

Acts,  Sec.  §824b 509 

— individuals  and  corpora- 
tions to  adapt  their 
buildings,  structures  and 
systems  of  conduits, 
mains,  pipes  and  tracks 
to  suit  new  system;  pen- 
alty and  procedure  in 
case  of  failure  of  indi- 
viduals and  corporations 
to  compl}^;  condemna- 
tions of  franchises  when 
necessary;  cost  of  such 
changes  to  be  borne  by 
said  individuals  or  cor- 
porations. 

Acts,  Sec.  §824d 512-513 

— municipality’s  right  to  ac- 
quire lands  and  prop- 
erty by  gift,  purchase, 
lease  or  by  condemna- 
tion proceedings;  notice 
of  condemnation  pro- 
ceedings and  right  of 
appeal . 

Acts,  Sec.  §824c 511-512 

— municipal  officials  not 
eligible  for  appointment 
to. 

Acts,  Sec.  §824a 507 

— New  Sewerage  Act  — 
effect  of  on  powers  of 
City  Engineer,  Commis- 
sioner of  Street  Clean- 
ing and  other  city  offi- 
cials; Commission  to  turn 
over  completed  portions 
of  work  to  proper  city 
officials,  termination  of 
life  of  Commission;  City 
Librarian  to  preserve 
records  of. 

Acts,  Sec.  §824h 517 


SEWERS. 


SEWERS. 


Page 


1576 


Page 

SEWERS.— (Cont’d). 

New  Sewerage  Commission. 

— Cont’d). 

— “New  Sewerage  System 
Fund.” — 

sinking  fund  for  re- 
demption of  New  Sewer- 
age loan ; premiums  from 
sale  of  stock;  levy  of 
tax  for  interest  and  sink- 
ing fund. 

Acts,  Sec.  §824f 515-516 

— organization  and  transac- 
tion of  business;  to  have 
custody  of  maps,  plats, 
etc.,  of  old  Commission. 
Acts,  Sec.  §824a  508 

— owners  to  connect  their 
premises  therewith. 

Acts,  Sec.  §824g 516 

— payment  of  items  of  cost 
and  expense  in  connec- 
tion with  system. 

Acts,  Sec.  §824f 515 

— powers  of. 

— preliminary  investiga- 
tions. 

Acts,  Sec.  §824b 509 

— to  project  and  adopt  sys- 
tem of  sewerage. 

Acts,  Sec.  §824b 510 

— to  construct  and  estab- 

lish sewers  of  every 
kind,  plants  and  appa- 
ratus for  disposal  of 
sewerage;  place  of  con- 
struction; execution  of 
deeds,  etc. 

Acts,  Sec.  §824b 510 

—to  utilize  present  system 
when  practicable  in 
connection  with  new 
system  of  sewerage. 

Acts,  Sec.  §824b 510 

— to  appoint  Chief  Engi- 
neer; to  employ  pro- 
fessional and  technical 
advisors  and  experts 
and  all  necessary  agents 
and  employes  and  to  fix 
their  compensation. 

Acts,  Sec.  §824b  511 

— to  frame,  promulgate  and 
enforce  rules. 

Acts,  Sec.  §824b 511 

— to  make  contracts. 

Acts,  Sec.  §824b 511 


SEWERS.— (Cont’d). 

New  Sewerage  Commission. 

— (Cont’d). 

— to  purchase  and  procure 
all  necessary  machin- 
ery, etc.,  this  enumera- 
tion of  powers  not  to 
restrict  general  powers 
of  commission;  pollu- 
tion of  Chesapeake  Bay 
and  its  tributaries  for- 
bidden. 

Acts,  Sec.  §824d 511 

— private  drains  and  sewers; 
cost  of  adjusting  same  to 
be  borne  by  city. 

Acts,  Sec.  §824d  515 

— privies,  sinks  and  cess- 
pools to  be  cleaned  and 
abandoned, power  of  city 
to  compel  compliance, 
drainage  connections, 
etc. 

Acts,  Sec.  §824g 516-517 

— removal  of  appointees  to 
Commission. 

Acts,  Sec.  §824a 508 

— resignations  from. 

Acts,  Sec.  §824a  508 

— secretary  of;  compensation 
of;  to  record  minutes 
and  perform  duties  as- 
signed by  Commission. 

Acts,  Sec.  §824a 509 

— terms  of  Commissioners. 

Acts,  Sec.  §824a  507 

— vacancies  in. 

Acts,  Sec.  §824a 508 

— work  and  supplies  costing 
over  |500  to  be  done  by 
contract  awarded  under 
provisions  of  Secs.  14,15 
of  City  Charter;  provi- 
sions as  to  hours  of 
labor  and  work  by  resi- 
dents of  state.  Commis- 
sion may  do  work  by 
day  labor;  in  which 
event  merit  system  shall 
prevail  in  selection  of 
appointees  to  do  the 
work ; limitation  as  to 
residents  of  state;  all 
bids  may  be  rejected; 
bids  to  be  referred  to 
Commission  when 
opened  by  Board  of 
Awards;  duty  of  Com- 
mission in  the  premises. 
Acts,  Sec.  §824e 513-514 


SKWERS. 


1577  shambles  in  markets. 


SEWERS.-(Cont’d). 

Notice, 


Page 


— by  Commissioners  before 
acting  under  ordinance 
to  construct  sewers,  etc. 

Acts,  Sec.  822 506 

— of  application  for  passage 
of  ordinance  authorizing 
construction,  etc. 

Acts,  Sec.  821 506 

— to  owners  of  construction 

of. 

Acts,  Sec.  818 504 


obstruction  of,  penalty. 

Acts,  Sec.  817 504 

— to  construction  of,  removal 
of,  at  expense  of  owner. 

Ords. , Art.  33,  Sec.  18..1072 


Page 

SEWERS.— (Cont’d). 

Public  Sewers, 

City  Engineer  authorized  to 
enter  to  repair. 

Ords.,  Art.  35,  Sec.  8.. ..1093 

records  of  work  on  each  sewer 
to  be  deposited  with  City 
Register  on  completion. 

Ords.,  Art.  33,  Sec.  20.. 1072 

regulation  and  repair  of. 


Acts,  Sec.  6 68 

— of  drainage. 

Acts,  Sec.  6 68 


salaries  of  chairman  and 
members  of  Sewerage  Com- 
mission . 

Ords.,  Art.  33,  Sec.  26. ...1075 


ordinances  authorizing  con- 
struction, etc.,  notice  of 


application  for. 

Acts,  Sec.  821 506 

— relating  to  construction, 
opening,  etc.,  sewers. 

Acts,  Sec.  818 505 


per  diem  to  commissioners 
and  clerks. 

Ords.,  Art.  33,  Sec.  19..1072 
permits  for  constructing. 


Acts,  Sec.  6 69 

— private  sewers  to  be  given 
bv  Cit}"-  Engineer. 

Acts,  Sec.  820 505 


plans,  etc.,  for  construction 
of.  City  Engineer  to  pre- 
pare. 

Ords. , Art.  33,  Sec.  22..  1073 

powers  of  city  relating  to 
construction,  opening,  etc. 

Acts,  Sec.  818 504 

Private  Sewers. 

— application  for  permit  for. 

Ords.,  Art.  33,  Sec.  21..1073 
— making  same. 

— construction,  etc.,  permit 
for. 

Ords.,  Art.  33,  Sec.  24..1074 


— permits  for. 

Acts,  Sec.  820 505 

— repair  of. 

Acts,  Sec.  6 67 


Sewerage  Commission,  sala- 
ries of  chairman  and  mem- 
bers. 

Ords.,  Art.  33,  Sec.  26....1075 

specifications  and  plans  for 
construction  of.  City  En- 
gineer to  prepare. 

Ords.,  Art.  33,  Sec.  22....1073 

survey  of  routes  for,  and 
construction  of,  by  City 
Engineer. 

Ords.,  Art.  33,  Sec.  21....1073 

tapping  permits,  penalty  for 
unauthorized  tapping. 

Ords.,  Art.  33,  Sec.  23....1073 

tar  or  gas  house  refuse  in, 
prevention,  penalty. 

Ords.,  Art.  33,  Sec.  25 

1074-5 

throwing  waste  matter  into, 
unlawful,  penalty. 

Ords.,  Art.  25,  Sec.  95....  990 

SHADE  TREES, 

injury  to  trees  and  boxes  un- 
lawful, penalty. 

Ords.,  Art.  25,  Sec.  107..  994 

note 994 

SHAMBLES  IN  MARKETS, 

construction  of,  to  be  raised 
above  pavements,  penalty. 

Ords.,  Art.  23,  Sec.  46..932-3 


SHARES  OF  STOCK. 


SHERIFF. 


Page 


SHARES  OF  STOCK, 

collection  of  taxes  levied  on. 

Acts,  Sec.  §155a 

non-resident  holders  of. 

Acts,  Sec.  §155a 

valuation  and  assessment  of 
same  by  Appeal  Tax  Court. 
Acts,  Sec.  §155a 

SHARP  STREET, 

vehicles;  stands  for  prohibited. 
Ords.,  Art.  4,  Secs.  33-35, 

691-692 


SHAVINGS,  FIRE  PRECAU- 
TIONS, 

deposit  on  vacant  lots,  penalty. 

Ords.,  Art.  11,  Sec.  66....  758 

SHEDS  AND  OBSTRUCTIONS 
IN  OPENING,  ETC., 
STREETS, 

See^  ^ Commissioners  for  Open- 
ing Streets.  ’ ’ 

SHEDS,  FRAME,  AND 
WOODEN,  BUILDINGS, 

See  ‘ '‘Buildings, ' ’ sub-title 
‘ '‘Frame  Sheds  and  Wooden 
Buildings.  ” 

• Ords.,  Art.  3,  Secs.  87- 
92 630-632 


SHEEP,  HOGS  AND  CATTLE, 

driving  through  streets. 

{See"‘  Cattle,  Sheep  and  Swine, 
driving  through  streets.  ’ ’ ) 
Ords.,  Art.  25,  Secs.  11- 


31 964-69 

SHELLING  STREETS, 

See  '‘'‘Grading  Streets.'" 

Acts,  Sec.  6 74 

SHERIFF, 


See  '‘'‘Police  Commissioners 

bond  of  liable  for  payment  of 
fines  to  city. 

Acts,  Sec.  442  305 

capias;  fees  for  return  of. 

Acts,  Sec.  334 


SHERIFF.— (Cont’d). 

— indorsements  thereon  and 
re-issues. 

Acts,  Sec.  333 277 

— return  of. 

Acts,  Sec.  333 277 

condemnation  of  property  for 
public  uses,  services  of 
summons  and  notice. 

Ords.,  Art.  8,  Sec.  1 712 

dispensaries  to  file  report 
with,  of  number  of  patients. 
Acts,  Sec.  440 305 

distraint  or  execution  for  fees; 
notice  of,  necessary. 

Acts,  Sec.  386 293 

fees  in  condemnation  proceed- 
ings. 

Acts,  Sec.  6 91 

fees  of. 

— arrest  on  warrant  in  criminal 
cases. 

Acts,  Sec.  825-. 518 

— attachment  for  contempt  and 
return. 

Acts,  Sec.  825 518 

fines  and  forfeitures,  disposi- 
tion of. 

Acts,  Sec.  438 304 

— from  violation  of  guaging 
law;  accounting. 

Acts,  Sec.  551 343 

Grand  Jury,  summoning 
members. 

Acts,  Sec.  604 361 

houses  of  ill-fame;  disposi- 
tion of  fines  imposed  on 
keepers  of. 

Acts,  Sec.  439 305 

jurors,  drawing  names  from 
wheel. 

Acts,  Sec.  605 364 

— liability  for  fraud  in  draw- 
ing. 

Acts,  Sec.  616 372 

— summoning. 

Acts,  vSec.  608 366 

jury  books,  deposit  with. 

Acts,  Sec.  608 365 

— in  appeal  from  decision  of 
Commissioners  for  Open- 
ing Streets. 

Acts,  Sec.  179 196 


1578 
Page 

177 
177 

176 


277 


SHERIFF. 


SINKING  FUNDS. 


1579 


Page 

SHERIFF.— rCont’d). 

licenses,  duties  in  regard  to. 

(See  ‘ 'Lice?ises,  ’ ’ ‘ 'Duties 

oj  Sheriff  a?id  Clerk  of 
Court.  ’ ’ ) 

officers  may  execute  for  fees. 

Acts,  Sec.  384  292 

— whose  fees  may  be  collected 
by  execution. 

Acts,  Sec.  385 292-293 

per  diem  of  for  attendance  at 
courts. 

Acts,  Sec.  383 292 

personating  sheriff  or  deputy 
sheriff;  penalty. 

Acts,  Sec.  785 486 

returns;  penalty  for  failing  to 
make. 

Acts,  Sec.  338 278 

unclaimed  fines,  payable  to 
city  by. 

Acts,  Sec.  441 305 

SHIPPING  CATTLE  BY 
WATER, 

driving  restriction  in  streets 
relaxed, 

Ords.,  Art.  25,  Sec.  20,  966 

SHIPS,  FIRES  ON  DECK  AT 
NIGHT, 

prohibition,  penalty. 

Ords.,  Art.  11,  Sec.  63,  757 

SHUFFLE  BOARDS, 

licenses  for. 

Ords.,  Art,  41,  Sec.  6,  1197 

SICK,  HOSPITALS  FOR, 

See  "Hospitals." 

SICKNESS  OF  FIREMEN, 

pay  during,  proviso,  certifi- 
cate of  physician. 

Ords.,  Art.  11,  Sec.  9,  739 

SIDEWALKS, 

See  ‘ 'Buildings; ” "Foot- 
ways" and  "Streets  and 
City  Engineer.  ’ ’ 

Ords.,  Art.  3,  Sec.  133,  651 


Page 

SIGNAL  BOXES,  FIRE 
ALARM, 

in  hotel,  theatres,  public 
halls,  etc. 

Ords.,  Art.  11,  Secs.  32- 
33-34 748 

SIGNS, 

bid-boards,  etc. 

burnt  district — restrictions 
relating  to  in  deeds. 

Ords.,  Art.  1,  Sec.  4,  572-573 
— construction,  permit  for. 

Ords.,  Art 3,  Sec.  76,  626-627 
— burnt  district  property  can- 
not be  used  for  this  pur- 
pose. 

City  Code,  Art.  1,  Sec. 4 

572-573 

poles,  wires,  etc. 

— use  of  sidewalks  and  streets 
by. 

Acts,  Sec.  6 79 

SIGN-POSTS  AND  SIGNS, 

See  "Permits." 

SINKING  FUNDS, 

See  ' ' City  Register;'  ’ ‘ 'Parks 
and  Squares;' ' and ' 'Stocks, 
Loans,  and  Finance." 

accounts  and  books  of. 

Ords.,  Art.  34,  Sec.  18,  1083 

annual  report  on  by  Commis- 
sioners of  Finance. 

Ords.,  Art.  34,  Sec.  11, 
1079-1080 

certificates  purchased  for, 
marking  face  of. 

Ords..  Art.  34,  Sec.  11, 
1079-1080 


creation  of. 

Acts,  Sec.  6 71 

investment  of. 

Acts,  Sec.  6 71 

investments  to  remain  separ- 
ate. 

Acts,  Sec.  6 71 

Paving  Commission,  pro- 
vision for. 

Acts,  Sec.  §841p 542 

sewer  loans  and  liabilities. 

Acts,  Sec.  823 506 


SKIDS  AND  SLIDING. 


1580  SPARRING  EXHIBITIONS. 


Page 

SKIDS  AND  SLIDING 
BOARDS, 

precaution  in  use  of,  penalty, 
proviso. 

Ords.,  Art.  25,  Sec.  86,  987 

SLAUGHTER  AND  HIDE 
HOUSES, 

cleanings  of  not  to  be  depos- 
ited. 

Ords.,  Art.  14,  Sec.  97,  827 

complaints  against,  examina- 
tion into. 

Ords.,  Art  14,  Sec.  195.  864 

driving  cattle  to  and  from 
shipping  points  unlawful, 
except  between. 

Ords.,  Art.  25,  Sec.  23, 

: 966-967 

erection  of  prohibited. 

Ords.,  Art.  14,  Sec.  197,  865 

manner  of  abating  when  a 
nuisance. 

Ords.,  Art.  14,  Sec.  196,  865 

notice  of  removal  to  owner 
of  premises. 

Ords.,  Art.  14,  Sec.  196,  865 

SLEIGHS, 

See  '‘'Vehicles.'' 

SLOP  CARTS, 

footways,  placing  across  for 
filling,  etc.  , prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  54,  975 

SMALL  POX, 

See" Health"  sub-title  "Con- 
tagious and  Infectious  Di- 
seases'' and  '‘'‘Quarantine 
Hospital. ' ' 

Ords.,  Art.  14,  Secs.  10 
31 799-805 

on  vessels. 

— quarantine  regulations  for, 
penalty  for  violation. 

Ords.,  Art.  14,  Sec.  169,  853 

SMOKE, 

See  ‘ 'Health. ' ' 

Ords.,  Art.  14,  Sec.  122....  833 

consumption  of. 

Acts,  Sec.  6. 


Page 

SMOKE.-(Cont’d). 

regulations. 

— enforcement  of,  by  Com- 
missioner of  Health. 

Ords.,  Art.  14,  Sec.  125,  834 
— violation  of,  penalty. 

Ords.,  Art.  14,  Sec.  124,  834 

in  stables. 

— posting  regulations  in  sta- 
bles. 

Ords.,  Art.  11,  Sec.  56,  755 

meat — restricted  to  special 
buildings  for,  penalty. 

Ords.,  Art.  25,  Sec.  33,  969 

SNOW, 

removal  from  sidewalks,  duty 
of  owner  or  occupant  of 
premises,  time  limit,  clear- 
ing gutters,  penalty. 

Ords.,  Art.  25,  Sec.  76, 

983-984 

removal  from  streets  and 
markets  by  Commissioner 
of  Street  Cleaning. 

Ords.,  Art.  36,  Sec.  2,  1140 
1141 

SOAP  AND  CANDLE 
MANUFACTORY, 

operation  of,  permitted  with 
consent  of  Mayor  and  City 
Council,  penalty  without 
consent. 

Ords.,  Art.  14,  Sec.  70,  818 

permit  to  erect,  notice  of  ap- 
lication  for. 

Ords.,  Art.  14,  Sec.  71,  818 

SOLICITING  PURCHASERS 
ON  STREETS, 

interfering  with  passage  along 
street  in  unlawful,  penalty. 
Ords.,  Art.  25,  Sec.  92,  989 

SPARK  CATCHERS, 

notice  to  install. 

Ords.,  Art.  3,  Sec.  86 629 

SPARRING  EXHIBITIONS, 

permit  required,  penalty. 

Ords.,  Art.  25,  Sec.  102,  992 


.46 


SPECIAL  COMMISSIONERS.  1581  SPECIAL  POLICE  FUND. 


Page 

SPECIAL  COMMISSIONERS, 

sewer  opening,  appointment 
of,  instead  of  interested 
commissioners. 

Ords.,  Art.  33,  Sec.  16,  1071 

SPECIAL  POLICE  FUND,* 

annual  report  of  trustees  of 
fund  to  City  Council  in  Oc- 


tober. 

Acts,  Sec.  776 A.. 475 

appropriation  to  meet  defi- 
ciency in  fund. 

Acts,  Sec.  776C,  §11 478 


beneficiaries  and  participants 
of  said  fund. 

Acts,  Sec.  776C,  §9....477,  478 
Board  of  Estimates  to  make 


appropriation  for  deficiency. 

Acts,  Sec.  776C,  §11 478 

certificate  of  disability;  no  re- 
tiring salary  to  be  paid  ex- 
cept upon  certificate  as 
herein  set  forth. 

Acts,  Sec.  776F 480 

children  of  deceased  mem- 
bers; allowance  to  out  of 
fund. 

Acts,  Sec.  776D 479 


contribution  of  2 % of  salary 
by  members  of  police  force 
to  be  optional;  members 
not  contributing  not  to  par- 
ticipate in  fund. 

Acts,  Sec.  776C,  §9..477,  478 

debts  or  claims  against  said 
funds  or  salaries  payable 
therefrom  unenforcible  at 
law  or  in  equity. 


Acts,  Sec.  776B 475 

deficiency  in  fund;  how  pro- 
vided for. 

Acts,  Sec.  776C,  §11 478 


Page 

SPECIAL  POLICE  FUND.* 

— (Cont’d). 
execution;  said  fund  and  sal- 
aries therefrom  exempt 
from  execution. 

Acts,  Sec.  776B 475 

fraud  or  false  representations 
in  relation  to  fund  or  in  the 
procurement  of  a share  of  it 
penalized;  false  oath  or  af- 
firmation in  relation  to,  to 


be  perjury. 

Acts,  Sec.  776B 476 

gifts  or  bequests  to;  Police 
Commissioners  to  be  trus- 
tees of. 

Acts,  Sec.  776C,  §12 478 


license  or  permit  fees  for  pub- 
lic dances,  soirees,  mask 
balls,  boxing  or  athletic 
contests  or  other  public 
entertainments;  penalty  for 
failure  to  secure  permit; 
regular  dancing  schools 


excepted;  annual  license 
for  such  schools. 

Acts,  Sec.  §776C,  a, 479 

matrons;  conditions  under 
which  they  shall  participate 
in  fund. 

Acts,  Sec.  777A 481 

monies  and  funds  constituting 
the  Special  Police  Fund. 

Acts,  Sec.  776 474 

— all  monies  to  credit  of  fund 
and  the  increment  there- 
of. 

Acts,  Sec.  775C 476 

— fines  and  forfeitures  im- 
posed by  Board. 

Acts,  Sec.  776C 476 

— reward,  fees,  gifts,  testi- 
monials, emoluments  paid 
to  any  member  and  all 
gifts  and  bequests  to  fund. 

Acts,  Sec.  776C 476 


*NoTE. — Section  777  of  City  Charter  relating  to  “Special  Police  Fund” 
is  not  indexed  as  it  is  almost  identical  in  its  provisions  with  Section  756 
of  the  Charter  (pp.  466,  467).  Section  756  having  been  repealed  and  re- 
enacted by  Acts,  1898,  ch.  494,  1900,  ch.  233  and  1902,  ch.  81,  it  neces- 
sarily supersedes  Sec.  777  in  so  far  as  the  provisions  of  Section  777  are 
repugnant  or  in  conflict  with  those  of  Section  756;  Section  777  remains 
as  enacted  by  Acts  1898,  ch.  123. 


SPKCIAI,  POLICE  FUND.  1582  SPECIAL  POLICE  FUND. 


Page 

SPECIAL  POLICE  FUND. 

— (Cont’d), 

— lost,  abandoned, unclaimed 
or  stolen  money  and 
monies  arising  from  sale 
of  unclaimed,  lost,  aban- 
doned or  stolen  property. 

Acts,  Sec.  776C 476 

— monies,  pay,  compensa- 
tion or  salaries  forfeited, 
deducted  or  withheld 
from  members. 


Acts,  Sec.  776C 476 

— from  licenses,  cer- 
tificates and  permits  is- 
sued and  collected  by 
Police  Department. 

Acts,  Sec.  776C 477 

— for  permits  for  public 
dances,  soirees,  masked 
balls,  etc. 

Acts,  Sec.  776C 477 


— derived  from  two  per 
cent,  of  semi-monthly 
pay  or  salaries  of  mem- 
bers of  force  entitled  to 
participate  in  fund. 

Acts,  Sec.  776C 477 

— proceeds  from  share  of 
liquor  license  monies  pay- 
able to  fund. 

Acts,  Sec.  776C 477 

— special  appropriation  to 
meet  any  deficiency  in 
fund. 

Acts,  Sec.  776C 478 

■ — unexpended  balances  of 
appropriations  for  sal- 
aries or  compensation  of 
members  of  police  force. 


Acts,  Sec.  776C 478 

— Board  may  hold  as  trus- 
tees any  gift  or  bequest 
to  said  fund. 

Acts,  Sec.  776C 478 

Moore,  James  M. — pension 
of. 

Acts,  Sec.  780 483 

not  to  be  impaired  by  expen- 
ditures for  patrol  wagons. 

Acts,  Sec.  770 472 

penalty  for  fraud  in  relation 
to. 

Acts,  Sec.  776B 476 


SPECIAL  POLICE  FUND. 

— (Cont’d). 

powers  of  Board  of  Police 
Commissioners  to  carry  out 
provisions  of  Act  creating 
fund. 

Acts,  Sec.  776F 480 

public  dances,  soirees,  mask 
balls,  boxing  or  athletic 
contests  or  other  public 
entertainments;  licenses  or 


permits  for. 

Acts,  Sec.  §776C,  a, 479 

rules  and  regulations  of  trus- 
tees relating  to. 

Acts,  Sec.  776A 475 

salaries  of  beneficiaries. 

Acts,  Sec.  776A 475 

— under  Section  756  of  Char- 
ter to  be  for  life  and  not 
to  be  revoked,  repealed 
or  diminished  save  as 
therein  provided. 

Acts,  Sec.  776E 480 


Secretary  and  Assistant  Secre- 
tary of  Board  of  Police 
Commissioners  to  partici- 
pate in  fund;  proviso  re- 
lating to  contributions  by 
said  officials. 

Acts,  Sec.  777B 482 

station-houses — new  station- 
houses  and  ground  therefor 
to  be  provided  by  monies 
from  said  fund. 

Acts,  Sec.  779 483 

superannuated  members  of 
police  force;  appropriations 
by  city  when  Special  Fund 
is  insufficient  to  meet  pay- 
ments authorized  on  be- 
half of  such  members. 


Acts,  Sec.  §777B,  a 482 

superintendent  of  matrons; 
to  enjoy  rights,  privileges 
and  benefits  of  fund. 

Acts,  Sec.  777A 481 

treasurer  of  fund-  to  be  treas- 
urer of  Board  of  Police 
Commissioners;  bond  of 
treasurer. 

Acts,  Sec.  776A 475 


SQUARES. 


SPECIAE  POEICE  FUND.  1583 


Page 

SPECIAL  POLICE  FUND. 

— (Cont’d). 
trustees  of  fund;  duties 


and  powers  of  trustees  in 
relation  to  the  fund. 

Acts,  Sec.  776A 475 

— of  fund  to  be  Board  of 
Police  Commissioners. 

Acts,  Sec.  776A 475 


widows;  allowance  to  widow 
of  member  killed  in  per- 
formance of  duty  or  who 
died  from  injuries  received 
in  discharge  of  duty;  same 
to  children  if  there  be  no 
widow. 

Acts,  Sec.  776D 479 

— and  children  of  members 
of  police  killed  in  dis- 
charge of  duty;  appro- 
priation for  by  city  author- 
ized. 

Acts,  Sec.  §777B,  a 482 

SPECIFICATIONS  FOR 

STEEL  CONSTRUCTION, 

See  ‘ 'Buildings'  ’ sub-title 
‘ 'Iron  and  Steel  Construc- 
tion." 

Ords.,  Art.  3,  Secs.  103- 

112 634-642 

SPECIFICATIONS  OF  CON- 
TRACTS, 

See  ''Contracts." 

SPEED  REGULATIONS, 

See  ' ' Vehicles.  ’ ’ 

SPEED  OF  HORSES  AND 
VEHICLES, 

license;  revocation  for  violat- 
ing regulations. 

Ords.,  Art.  41,  Sec.  74..1223 

SPEED  OF  VEHICLES,  ETC., 

park  regulations. 

Acts,  Sec.  93  149 

SPEEDY  JUDGMENT  ACT, 

See  under  ' ' Courts  — Law 
Courts  of  Baltimore  City.  ’ ’ 


Page 

SPITTING  ON  SIDEWALKS, 
ETC., 

See  "Health"  sub-title  "Ex- 
pectoration. ’ ’ 

Ords.,  Art.  14,  Secs. 
101-104 828-829 

SPOUTING  AND  GUTTERS, 

penalty  for  failure  to  provide. 

Ords.,  Art.  3,  Sec.  8 602 

SPRINGS, 


pumps  and  fountains — 
erection  and  regulation  of. 

Acts,  Sec.  6 65 

squares  and  monuments — 
condemnation  of  property 
for. 

Acts,  Sec.  6 70 

condemnation  proceedings. 

Acts,  Sec.  6 70 

appeals  therein. 

Acts,  Sec.  6 70 

assessments  in. 

Acts,  Sec.  6 70 

notice  of  ordinance. 

Acts,  Sec.  6 70 

notice  before  taking  action. 

Acts,  Sec.  6 70 


SPRINKLING  AND  SWEEP- 
ING STREETS, 

sprinkling  required  before 
sweeping,  penalty. 

Ords.,  Art.  25,  Sec.  55....  975 

railways  required  to  sprinkle 
tracks. 

Ords.,  Art.  30,  Sec.  28... .1025 
— penalty  for  refusal. 

Ords.,  Art.  30,  Sec.  29 

1025-26 

SPUTUM  AND  SALIVA, 

disposal  of  to  prevent  conta- 
gion. 

App.  B,  Sec.  1 1264 

SQUARES, 

and  parks — 

{See' 'Parks  and  Squares.  ’ ’ ) 


standard. 


SQUARES.  1584 


Page 

SQUARES.— (Cont’d). 
public — 

sheep  not  to  be  driven 
along. 

Ords.,  Art,  25,  Sec.  12....  964 


springs  and  monuments — 
general  powers. 

Acts,  Sec.  6 69 

— regulating,  establishing  and 
maintaining  same. 

Acts,  Sec.  6 69 


STABLES, 

See  ''' Buildings. 

cow  stables — 

hygienic  and  sanitary  regu- 
lations for. 

Ords.,  Art.  14,  Secs.  33, 

50 806-811 

fire  precautions — 

lamps  in  stables,  penalty. 

Ords.,  Art.  11,  Sec.  54....  755 

sheds  used  as,  consent  of 
property  owners, 

Ords.,  Art.  3,  Sec.  90 631 

uncovered  lamps  in — 

posting  regulations  in , 
penalty. 

Ords.,  Art.  11,  Sec,  56....  755 

STAIRWAYS, 

explosive  and  inflammable 
compounds  under,  and 
obstruction  of,  prohibited, 
penalty. 

Ords.,  Art.  25,  Sec.  34,  969-70 


STALLS  IN  MARKETS, 

See  ^'Markets''  sub-title 
'■'Stalls,  Stands  and 
Benches.'" 

Ords.,  Art.  23,  Secs,  43- 
55 932-5 

markets 

— Belair  Market. 

Ords.,  Art.  23,  Sec.  63..  939 
— Broadway. 

Ords.,  Art.  23,  Sec.  69..  940 
— Canton  Market. 

Ords.,  Art.  23,  Secs.  70, 

71 940-11 

— Cross  Street  Market. 

Ords.,  Art.  23,  Sec.  77..  942 


STALLS  IN  MARKETS. 

— (Cont’d). 

— Fells  Pt.  Market. 

Ords.,  Art.  23,  Secs.  81- 

83 943 

— Hanover  Market. 

Ords.,  Art.  23,  Sec.  87..  945 
— Hollins  Market. 

Ords.,  Art.  23,  Sec.  92..  946 
— Lafayette  Market. 

Ords.,  Art.  23,  Sec.  96..  947 
— Lexington  Market. 

Ords.,  Art.  23,  Secs.  97- 


99 947-48 

— North  East  Market. 

Ords.,  Art.  23, Secs.  100- 

105 945-50 

— Richmond  Market. 

Ords.,  Art.  23,  Sees.  107, 

108 950 


movable  and  fixed  stalls  to  be 
erected. 

Ords.,  Art.  23,  Sec.  15....  923 

ratification  of  sales  of  hereto- 
fore made. 

Ords.,  Art.  32,  Sec.  114..  953 

renting  of  by  clerk  of  market; 
notice  to  be  posted. 

Ords.,  Art.  23,  Sec,  12....  922 

vacant  stalls,  etc. — when 
same  may  be  occupied  tem- 
porarily; licensee  must 
consent  to  use. 

Ords.,  Art.  23,  Sec.  22....  926 

STAMPING, 

gas  meters — 

setting  without,  prohibited. 
Ords.,  Art.  20,  Sec.  10....  896 

weights  and  measures — 
inspection  and  branding; 
symbol  of. 

Ords.,  Art.  17,  Sec.  10....  879 

STANDARD, 

screw  of  fire  plugs,  etc. — 
thread,  openings,  etc. 

Ords.,  Art.  11,  Sec.  36....  749 

time — 

how  determined  and  regu- 
lated. 

Ords.,  Art.  1,  Sec.  52....  588 

weights  and  measures — 

United  States  Standard,  to 
conform  to. 

Ords.,  Art.  17,  Sec.  7 878 


STANDS  FOR  VEHICtKS.  1585 
Page 


STATIONERY,  PRINTING. 

Page 


STANDS  FOR  VEHICLES 
IN  STREETS, 

See  '‘^Vehicles." 


Mayor  to  designate;  proviso. 

Ords.,  Art.  4,  Sec.  32 691 

STARR  M.  P.  CHURCH,  OF 
BALTIMORE  CITY, 

exempt  from  taxes. 

note 547 


STATE  BOARD  OF  BOILER 


INSPECTORS, 

See  ''Steam  Boilers." 

examining  engineers  ^ to 
report  to. 

Acts,  Sec.  429 301 

STATE  COMPTROLLER, 

list  of  holders  of  city  loans, 
copy  to. 

Acts,  Sec.  152 174 

return  of  assessments  of 
property  to. 

Acts,  Sec.  162 180 


STATE  LUNACY  COMMIS- 
SION, 

Visitors  of  Tail  may  summons 
to  examine  convicts. 

Acts,  Sec.  §120a 163 

STATE  LIBRARY, 

ordinances  and  resolutions; 
copies  to  be  furnished  to. 

Ords.,  Art.  1,  Sec.  26 579 

STATE’S  ATTORNEY, 


fee  in  removed  cases. 

Acts’  Sec.  349 280 

return  of  assessments  to  State 
Comptroller. — duty  in  rela- 
tion to. 

Acts,  Sec.  163 180 


STATE  TAX  COMMIS- 
SIONER, 

appeals  from  decision  of,  by 


city. 

Acts,  Sec.  §170a,  ....187-188 
— when  to  be  taken. 

Acts,  Sec.  §170a,  187 

— grounds  of,  to  be  stated. 
Acts,  Sec.  §170a 187 


STATE  TAXES, 

city  loans — 

exemptions  from. 

Acts,  Sec.  154 175 

— payment  of,  by  City  Register. 

Acts,  Sec.  153-154  ....174-175 

Collector  of. 

Acts,  Secs.  52-58A 129-32 

daily  deposits  by  Collector  of 
State  Taxes. 

Acts,  Sec.  54 130 

percentage  of  State  Collector. 

Ords.,  Art.  38,  Sec.  32... .1168 


STATE  TREASURER, 

auctioneer’s  license. 

Acts,  Sec,  249 235 

deposit  of  State  taxes. 

Acts,  Sec.  54 130 

examination  of  books  of  col- 

lector of  State  taxes. 

Acts,  Sec.  55 131 

prosecution  for  penalties 
against  auctioneers. 

Acts,  Sec.  249 235 


STATION  HOUSES, 

See  ‘ 'Police  Commissioners''  ’ 

cost  of,  to  be  paid  out  of 
“special  fund”  of  Police 
Commissioners. 

{See'  'special  Police  Fund.  ’ ’) 
Acts,  Sec.  779 483 

justices  for. 

{See  ' 'Justices  of  the  Peace.  ’ ’ ) 

STATIONARY  ENGINEERS, 

See ''  Examining  Efigineers." 

STATIONERY,  PRINTING 
AND  SUPPLIES, 

contracts-  {See  "Librarian" 
and  "Public  Printer."') 

appointment  of  Joint  Stand- 
ing Committee  on,  duties. 

Ords.,  Art.  29,  Sec.  1 1008 

contracts  for  stationery  for 
schools. 

Acts,  Sec.  99 153 

school  supplies. 

Acts,  Sec.  99. 


153 


STATUTES. 


steam  boilers. 


1586 


Page 

STATUES, 

Art  Commission  to  approve. 

Acts,  Sec.  202 207 

STAY  OF  LEVY, 

See  "''City  Collector"  and 
‘ ‘ Taxes.  ’ ’ 

Acts,  Sec.  170 186 

STEAM  BOILERS, 

annual  inspection  by  inspect- 
ors. 

Acts,  Sec.  577 351 

certificates  of  engineer s — 
withdrawal  of  for  incom- 
petency or  intemperance. 

Acts,  Sec.  581 353 

certificate  of  inspection — con- 
tents of ; to  be  framed  un- 
der glass  and  posted. 

Acts,  Sec.  577 351,  352 

— failure  to  display,  penalty. 

Acts,  Sec.  580 353 

— penalt}*  for  issue  without 
inspection. 

Acts,  Sec.  577 352 

— revocation  or  re-rating  of 
if  boiler  deteriorates. 

Acts,  Sec.  578 352 

condemned  boilers — penalty 
against  owner  for  using. 

Acts,  Sec.  578 352 

examination  of  boiler  engi- 
neers by  inspectors. 

Acts,  Sec.  581 353  I 

fees  for  inspections — account 
to  be  kept  and  annual  report 
made. 

Acts,  Sec.  583 354 

— in  excess  of  office  expenses; 
accounting. 

Acts,  Sec.  584 354 

— to  be  paid  by  owner. 

Acts,  Sec.  582 353-354 

fines  and  penalties,  recovery 
of. 

Acts,  Sec.  589 355 

inspectors  of — districts. 

Acts,  Sec.  573 349-350 

— duties,  oath  and  bond  of 
inspectors. 

Acts,  Sec.  572 349 


Page 

STEAM  BOILERS.— (Cont’d). 

— neglect  of  duties  ; penalty. 

Acts,  Sec.  587 355 

— offices  of. 

Acts,  Sec.  574 350 

— salaries  of  inspectors. 

Acts,  Sec.  584 354 

tests  of — specifications  of  tests. 

Acts,  Sec.  577 351 

installation  of,  subject  to  per- 
mission of  Mayor  and  City 
Council  of  Baltimore. 

Acts,  Sec.  585 354 

insurance  companies — may 

inspect ; such  inspection 
to  exempt  owner  from  re- 
quirements of  this  act  if 
in  conformity  therewith. 

Acts,  Sec.  586... 354-355 

— to  have  resident  inspector. 

Acts,  Sec.  586 354 

notice  of  inspection  ; owners 
to  prepare  for  and  assist  in 
inspection. 

Acts,  Sec.  576 380 

owner  to  report  location  of 
boilers  ; penalty  for  failure. 

Acts,  Sec.  575 350 

penalty  for  use  without  in- 
spection . 

Acts,  Sec.  580 353 

quarterly  examination  in  ad- 
dition to  annual  inspection. 

Acts,  Sec.  578 352 

record  of  inspections  ; data  to 
be  recorded. 

Acts,  Sec.  583 354 

re-examination  of,  by  review- 
ers. 

Acts,  Sec.  579 353 

re-examination  where  owner 
is  aggrieved  by  decision  of 
inspector  condemning  boil- 
er. 

Acts,  Sec.  579 352-353 

reports  from  owners  of  boil- 
ers ; notice  by  inspectors. 

Acts,  Sec.  574 350 

requirements  of  steam  boilers 
under  tests  by  inspectors. 

Acts,  Sec.  577 351 


STEAM  BOILERS. 


1587  STOCKS,  LOANS,  ETC. 


Page 

STEAM  BOILERS.— (Cont’d). 
unlawful  pressure  — penalty 


for  maintaining. 

Acts,  Sec.  580 353 

vacancy  in  office  of  inspector. 

Acts,  Sec.  588 355 


water  charge  for. 

Ords.,  Art.  41,  Sec.  56... .1218 

STEAM,  GAS  AND  GASO- 
LINE ENGINES  AND 
MACHINERY, 

See  ‘ ''Inspector  of  Buildings . ’ ’ 
Ords.,  Art.  3,  Secs.  138- 
149 ......652-657 

STEAM  WHISTLES, 

blowing  of,  hours  when  pro- 
hibited, penalty,  exception. 
Ords.,  Art.  25,  Sec.  6....  963 

STEEL  AND  IRON  CON- 
STRUCTION, 

See  '''  Buildhigs;'"  sub-title 
'‘''Iroji  and  Steel  Construc- 
tion.''' 

Ords..  Art.  3,  Secs.  103- 
112 634-642 

STENOGRAPHERS  OF 
COURTS, 

assistants,  compensation. 

Acts,  Sec.  382 292 

duties  of. 

Acts.  Secs.  379-380 290 

Judges  of  Supreme  Bench  to 
appoint  court  stenog- 
raphers. 

Acts,  Sec.  379 290 

notes  of  judicial  proceedings, 
if  necessary,  may  be  taxed 
as  part  of  costs. 

Acts,  Sec.  380 290 

Orphans’  Court — 

appointment,  duties,  notes 
and  compensation. 

Acts,  Sec.  381 291-292 

— assistant  to  stenographer. 

Acts,  Sec.  382 292 

qualifications  of. 

Acts,  Sec,  380 290 


Page 

STENOGRAPHERS  OF 
COURTS.— (Cont’d). 

salaries  of  court  stenog- 


raphers. 

Acts,  Sec.  379 290 

term  of  office. 

Acts,  Sec.  380 290 


STEVEDORES. 

See  "'Licenses." 

STICK  WOOD, 

See  ‘ ‘ Wood.  ’ ’ 

STOCK, 

loans — 

(ySee  "State  Ta.res.") 

— holders  of  certain  loans  not 
allowed  set-off. 

note 175 

— set-off  to  taxes  on, 

note 173  -175 

certificates  of;  city  stock — 

{See  ‘ 'Stocks,  Loans  and 
Fhiance"  sub-title  "City 
Stock."') 

clerk — 

— appointment  and  duties  of. 

{See  ' ‘ City  Register.  ’ ’ ) 

Ords.,  Art.  6,  Sec.  26....  707 

debt  of  city — 

—tax  on  prohibited. 

{See  "Stocks,  Loans  and 
Finance.") 

Ords.,  Art.  38,  Sec.  12. .1160 

owned  by  corporations — 
set-off  to  taxes,  when  allowed, 
note 173 

STOCKS,  LOANS  AND  FI- 
NANCE, 

See  ' ‘ A ssessments;  ” “ City 

Register;"  "Commis- 
sioners op  Finance;  ’ ’ 

‘ 'Damages;' ' ' ' McDonogh 
Educational  Fund;" 

' ' Open i ng,  etc. , Streets; ' ' 
"Sewers"  and  "Sinking 
Funds." 

Annex  Improvement  Loan. 

{See  "Streets,  Bridges  and 
Highways . ' ' ) 


STOCKS,  loans;  etc. 


STOCKS,  LOANS,  ETC.  1588 


STOCKS.  LOANS,  AND 
FlNANCE.-(Cont’d). 

Baltimore  and  Eastern  Shore 
Railroad — 

endorsement  of  bonds  of, 
proviso. 

Acts,  Sec.  826 518-519 

bonds  of  Baltimore  and  East- 
ern Shore  Railroad. 

Acts,  Sec.  826 519 

Burnt  District  Improvement 
Loan. 

App.  A,  Sec.  32  1260 

city  stock  — 

— assessments  of  damages  by 
Burnt  District  Commis- 
sion, to  be  invested  in. 


App.  A,  Sec.  17 1252 

— signing  of. 

Acts,  Sec.  41 121 

— McDonogh  Institute  Fund, 
issue  of  $1,000,000  there- 
for. 

Acts,  Sec.  816 502-503 

— Peabody  Institute  Fund. 

Acts,  Sec.  816  503 


— sewer  opening,  investment 
of,  damages  in. 

Ords.,  Art.  33,  Sec.  14..1071 

Commissioners  of  Finance, 

— accounts  and  books  of 
sinking  fund. 

Ords.,  Art.  34,  Sec.  18....1082 
1083 

— of,  annual  report  to 
councils. 

Ords.,  Art.  34,  Sec.  14 

1081 

— application  for  renewal  of 
lost  certificates,  notice  of. 

Ords.,  Art.  34,  Sec.  5....1078 
— of  money  received  for 
certificates. 

Ords.,  Art.  34,  Sec.  3..1077 
— appropriation  to  pay  inter- 
est on  city  stock. 

Ords.,  Art.  34,  Sec.  9....1079 
— bond  of  applicant  for  re- 
newal of  lost  certificates. 
Ords.,  Art.  34,  Sec.  7. ...1078 
— books  and  accounts  of. 

Ords.,  Art.  34,  Sec.  14..1081 
— certificates  of  stock,  form 
of. 

Ords.,  Art.  34,  Sec.  1....1076 
1077 


STOCKS,  LOANS  AND 
FINANCE.— (Cont’d). 
Comnissioners  of  Finance. 

—(Cont’d). 

— chronological  list  of  issues 
of  stock. 

Ords.,  Art.  34,  Sec.  19....1083 
— city  stock,  form  of  certifi- 
cate. 

Ords.,  Art.  34,  Sec.  1....1076 
1077 

— consolidation  of  certificates 
of  stock. 

Ords.,  Art.  34,  Sec.  17....1082 
— debt  of  city,  payment  of. 

Ords.,  Art.  34,  Sec.  13._..1081 
— destroyed  or  lost  certifi- 
cates, renewal  of. 

Ords.,  Art.  34,  Sec.  5. ..1078 
— fractional  certificates,  trans- 
fer of. 

Ords.,  Art.  34,  Sec.  2....1077 
— ground  rents,  investments 
in,  for  sinking  fund. 

Ords.,  Art.  34,  Sec.  16....1082 
— investments  for  redemption 
of  stock. 

Ords.,  Art.  34,  Sec.  11....1079 
— interest  on  city  stock,  faith 
of  city  pledged  for  pay- 
ment of. 

Ords.,  Art.  34,  Sec.  8....1079 
— Ordinance  of  Estimates 
to  provide  for  payment 
of. 

Ords.,  Art.  34,  Sec.  9..1079 
— payment  of. 

Ords.,  Art  34,  Sec.  10 

1079 

— issue  of  certificates  con- 
ditional on  payment  for. 
Ords.,  Art.  34,  Sec.  2....1077 
— and  sums  of  certificates. 

Ords.,  Art.  34,  Sec.  2..1077 
— leases  of  city  property,  pro- 
ceeds of  to  sinking  fund. 
Ords.,  Art.  34,  Sec.  12..1079 
— list  of  issues  of  stocks  and 
bonds. 

Ords.,  Art.  34,  Sec.  19..1083 
— of  stockholders  to  be 
prepared  annually. 

Ords.,  Art.  34,  Sec.  4..1078 
— loan  and  transfer  books  for 
registry  of  stock. 

Ords.,  Art.  34,  Sec.  4....1078 
— loans,  investment  of  pre- 
mium on  in  sinking  fund. 
Ords.,  Art.  34,  Sec.  15..1081 
1082 


STORES. 


Page 


STOCKS,  EOANS,  ETC.  1589 


Page 

STOCKS,  LOANS  AND 
FINANCE. -(Cont’d). 
Commissioners  of  Finance. 

— (Cont’d). 

— lost  or  destroyed  certifi- 
cates. renewal  of. 

Ords.,  Art.  34,  Sec.  5....1078 
— oath  of  applicant  for  re- 
newal of  lost  certificates. 

Ords.,  Art.  34,  Sec.  6....1078 
— premium  on  loans,  invest- 
ment of , in  sinking  fund. 

Ords.,  Art.  34,  Sec.  15. .1081 
1082 

—public  debt,  payment  of. 

Ords.,  Art.  34,  Sec.  13..1081 
— redemption  of  city  stock. 

Ords.,  Art.  34,  Sec.  11....1079 
— renewal  of  lost  certificates. 

Ords.,  Art.  34,  Sec.  5... .1078 
— rents  of  city  property, 
application  to  sinking 
fund, 

Ords.,  Art.  34,  Sec.  12....1079 
— report  to  councils  on  sink- 
ing fund. 

Ords.,  Art.  34,  Sec.  11....1079 
— sinking  fund. 

Ords.,  Art.  34,  Secs.  15- 

18 ...1081-1083 

— transfer  books,  closing  for 
preparation  of  lists  of 
holders. 

Ords.,  Art.  34,  Sec.  4....1078 


Electrical  Commission. 

— conduits,  extensions,  to. 

Acts,  Sec.  §826a 519-20 

— loans  to  provide  for  con- 
duits. 

Acts,  Sec.  §826a 519-20 

— note 520 

— ordinance  authorizing  loan, 
approved  of. 

Acts,  Sec.  §826a 519-20 

— general  powers  relating  to 
loans  and  finance. 

Acts,  Sec.  6 71 

— interest  on  loans. 

Acts,  Sec.  6 71-72 

— investment  of  sinking  fund. 

Acts,  Sec.  6 71 


municipal  lighting  plant. 

— approval  of  voters  for. 

Acts,  Sec.  §826b 520-521 

— ordinance  authorizing  issue 
of  stock  for. 

Acts,  Sec.  §826b 520 


STOCKS,  LOANS  AND 
FlNANCE.-(Cont’d). 
Commissioners  of  Finance. 

— (Cont’d). 


— stock  issue  for. 

Acts,  Sec.  §826b 520 

park  improvement  loan. 


{See  '"'Parks  and  Squares.'’’^ 

Paving  Commission  and  $5,- 
000,000  paving  loan.  {See 
‘ 'Streets,  Bridges  and  High- 
ways. ’ ’ ) 

payment  of  taxes  on  city 


stock . 

Acts,  Sec.  6 71 

sinking  funds. 

Acts,  Sec.  6 71 


temporary  loans;  City  Register 
may  make. 

Ords.,  Art.  6,  Sec.  24....  706 

STOCK  YARDS, 

erection  of,  prohibited;  pen- 
alty. 

Ords.,  Art.  14,  Sec.  77..  820 

STOP-OVER  ON  TICKETS, 

See  "Railroads." 

STOPPING  OF  STREET  CARS. 

stop  at  engine  and  hook  and 


ladder  houses. 

Ords.,  Art.  30,  Secs.  35- 
36 1027-8 

stop  on  far  side;  penalty. 

Ords.,  Art.  30,  Secs,  33- 
34 1027 


STORAGE  OF  OILS, 

See  "Fire  Regulations"  and 
"Oils  and  F'luid  Illumi- 
nants." 

STORAGE  TANKS  FOR  GASO- 
LINE, 

See  "Fire  Regulations." 

requirements  for. 

Ords.,  Art.  11,  Sec.  76..  762 

STORES, 

enticing  purchasers  from  pro- 
hibited, penalty. 

Ords.,  Art.  25,  Sec.  94....  989 


520 


STREET  CEEANING. 


STORES  AND  WAREHOUSES.  1590 


Page 

STORES  AND  WAREHOUSES, 

gunpowder  in. 

— sign  on  outside  of. 

Ords.jArt.  11,  Sec.  82....  765 

STORING, 

oyster  shells,  when  prohibited. 

Ords.,  Art.  14,  Sec.  120..  833 

STORING  EXPLOSIVES, 

gunpowder, 

— quantit}'  to  be  kept. 

Ords.,  Art.  11,  Sec.  81..  764 

sign  on  building. 

Ords.,  Art.  11,  Sec.  71..  760 

STOVES  USING  GASOLINE, 

See  "‘Fire  Regulations." 

specifications  for,  sale  of,  reg- 
istry of  dealers,  permit,  fee. 
Ords.,  Art.  11,  Sec.  77....  763 

STRAIGHTENING  SEWERS, 

See  "Sewers." 

STRAW  AND  HAY, 

keeping  for  sale,  buildings  for, 
penalty. 

Ords.,  Art.  11,  Sec.  61..756-7 

weighing  and  inspection  of, 
i^See  Inspections,  Weights 
and  Measures.  ’ ’ ) 

STREET  BANDS, 

parades  of,  on  Sabbath  unlaw- 
ful, penalty,  proviso. 

Ords.,  Art.  31,  Sec.  4....1041 

STREET  CARS, 

See  "Railroads  and  Rail- 
ways." 

fenders  on. 

Acts,  Sec.  6 66 

speed  of. 

Ords.,  Art.  30,  Sec.  30....1026 


STREET  CLEANING. 

Commissioner  of, 

— appointment,  duties,  salary. 

Acts,  Sec.  83 143 

— ashes,  collection  and  re- 
moval of. 

Ords.,  Art.  36,  Sec,  2..1140-1 
— contracts  for  removal  of. 
Ords.,  Art.  36,  Sec.  4.. 1141-2 
— Baltimore  Sanitary  Contract- 
ing Company,  contract 
with. 

Ords.,  Art.  36,  Sec.  5 1142 

— Baltimore  street,  flushing 
with  water. 

Ords. , Art.  36,  Sec.  7 1143 

— bond  of. 

Ords.,  Art.  36,  Sec.  1 1140 

— “Burnt  District,”  powers 
relating  to. 

App.  A,  Sec.  31 1259-1260 

— canning  house  refuse,  con- 
tracts for  removal  of. 

Ords.,  Art.  36,  Sec.  4....1142 
— daily  reports  by  district 
superintendents. 

Ords.,  Art.  36,  Sec.  2...  1141 
— dead  animals,  contracts  for 
removal  of. 

Ords.,  Art.  36,  Sec.  5 1142 

— digging  up  and  restoration 
of  street  surface,  penalty. 
Ords.,  Art.  36,  Sec.  8....1143 
— district  superintendents. 

Commissioner  to  super- 
vise work  of. 

Ords.,  Art.  36,  Sec.  3 1141 

— duties  of. 

Ords.,  Art.  36, Sec.  2....1140-1 
— flushing  Baltimore  street 
with  water. 

Ords.,  Art.  36,  Sec.  7....1143 
— streets,  authority  for. 

Ords.,  Art  36,  Sec.  6—1142 
— garbage,  collection  and  re- 
moval of. 

Ords.,  Art.  36,  Sec.  2..1140-1 
— contracts  for  removal 
of. 

Ords.,  Art.  36,  Sec.  4..1141-2 
— inspection  of  streets  to  be 
made  weekly. 

Ords.,  Art.  36,  Sec.  3....1141 
— markets,  removal  of  snow 
from. 

Ords.,  Art.  36,  Sec.  2, 

1141-1142 

— member  Board  of  Public 
Safety. 

Acts,  Sec.  68. 


standing  on  tracks  forbidden. 

Ords.,  Art.  30,  Sec.  37....1028 


137 


STREET  CLEANING. 


1591  STREET  EXHIBITIONS. 


Page 

STREET  CLEANING.— (Cont’d). 
Commissioner  of. — (Cont’d). 

— Paving  Commission,  duties 
not  affected  by. 

Acts,  Sec.  §841s 544 

— restoration  of  street  sur- 
face by  persons  diggingup 
same,  penalty. 

Ords.,  Art.  36,  Sec.  8 1143 

— snow,  removal  of  from 
crossings,  markets,  etc. 

Ords.,  Art.  36,  Sec.  2.. 1140-1 
— removal  from  sidewalks. 
Ords.,  Art,  25,  Sec.  76, 

983-984 

— subordinates,  appointment 
of,  compensation  of. 

Acts,  Sec.  83.. 143 

— district  superintendents 
to  report  daily  to  Com- 
missioner. 

Ords.,  Alt.  36,  Sec.  2. .1141 

Garbage,  Removal  of, 

— ashes  and  kitchen  offal  in 
separate  vessels,  penalty. 
Ords.,  Art.  36,  Sec.  9 1143-4 
— boxes  for,  at  street  corners, 
individuals  may  place. 

Ords.,  Art.  36,  Sec.  10.... 1144 
— carts  for  collection  of,  to  be 

covered.  | 

Ords.,  Art.  36,  Sec.  12....1144 
— covered  vehicles  for  re- 
moval of  dead  animals. 

Ords.,  Art.  36,  Sec.  11. ...1144 
— dead  animals,  removal  of. 

Ords.,x\rt.  36,  Sec.  11.... 1144 
— definition  of  “Garbage.’’ 

Ord.«.,  Art.  36,  Sec.  9 1144 

— dirt  and  manure  from  streets, 
penalty  for  removal  of. 

Ords.,  Art.  36,  Sec.  13.... 1145 
— garbage  carts,  requirements 
for. 

Ords.,  Art.  36,  Sec.  12... .1144 
— garbage  defined. 

Ords  , Art.  36,  Sec.  9. ...1144 
— housekeepers,  duty  of  in 
. placing  garbage,  etc.,  for 
collection. 

Ords.,  Art.  36,  Sec.  9....1143 
— manure  and  dirt  from 
streets,  penalty  for  re- 
moval of. 

Ords.,  Art.  36,  Sec.  13..1145 

note  1144 

— receptacles  for  garbage, 
housekeepers  to  provide. 
Ords.,  Art.  36,  Sec.  9..1143-4 


Page 

STREET  CLEANING.— (Cont’d). 
Garbage,  Removal  of. — (Cont’d). 
— removal  of  dirt  and  manure 
from  streets  without  au- 
thority, penalty. 

Ords.,  Art.  36,  Sec.  13..1145 

superintendents  of  streets, 

— districts,  division  of  City 
into. 

Ords.,  Art.  36,  Sec.  14....1145 
— duties  of;  subordinates  of 
Commissioner. 

Ord.,  Art.  36,  Sec.  15 1145 

— fines  and  penalties,  recov- 
ery of. 

Ords.,  Art.  36,  Sec.  19....1147 
— footways,  etc.,  removal  of 
snow  and  ice  from. 

Ords.,  Art.  36,  Sec.  15, 

1145-4<> 

— hours  of  labor  for  street 
cleaners. 

Ords.,  Art.  36,  Sec.  15.... 

1145-46 

— ice  and  snow,  removal  from 
squares,  etc. 

Ords.,  Art.  36,  Sec.  15.... 

1145-46 

— offal  at  markets,  removal  of 
on  Sunday. 

Ords.,  Art.  36,  Sec.  18....1147 
— orders  of  Commissioner, 
execution  of. 

Ords.,  Art,  36,  Sec.  17.... 1147 
— paymaster  of  street  cleaners, 
bond,  duties. 

Ords.,  Art.  36,  Sec.  16  ...1146 

STREET  CROSSINGS, 

See  '‘'Railroads  and  Rail- 
ways d' 

cars  of  railroads  not  to 
obstruct;  penalty. 

Ords.,  Art.  30,  Sec.  4 1017 

speed  of  cars  at. 

Ords.,  Art.  30,  Sec.  32. ...1026 

STREET  DIRT, 

See  "'Garbage  and  Street 
Dirt"  and  "Street  Clean- 
ing:' 

STREET  EXHIBITIONS, 

See  ‘ 'Police  Regulations." 

license  of. 

Acts,  Sec.  6. 


61 


strkkt  fakirs. 


1592  strfets  and  city  eng’ r. 


STREET  FAKIRS 
VENDERS, 

See  Police  Regulations."' 

prohibited;  penalty. 

Ords.,  Art.  25,  Sec.  112, 

995-996 


STREET  LAMPS, 

See  ''Lamps  and  Lighting." 

placing  and  removal  of 
screens  for. 

Ords.,  Art.  20,  Sec.  21, 

899-900 

screens  over,  permit  for  on 
application. 

Ords.,  Art.  20,  Secs.  19, 

20 899 


STREET  RAILWAYS, 

See  "Park  Tax"  and" Rail- 
roads and  Raihvays." 

in  annex — 

{See  ' Park  Tax"  and  "Rail- 
way Easements  in  A nnex.  ’ ’ ) 

all  night  cars;  hours  during 
which  to  be  run. 

Ords.,  Art.  30,  Sec.  22....1022 

fares  on — 

{See  "Railroads  a^id  Rail- 
ways . ” ) 

rails  to  be  laid  on  bridges. 

Ords.,  Art.  30,  Sec.  23.... 1023 

repair  of  streets  by;  space  to 
be  kept  in  repair;  penalty 
for  failure. 

Ords.,  Art.  30,  Sec.  24....1024 

franchises  for — 

repair  of  streets  to  be  a con- 
dition of  grants  thereof. 

Ords.,  Art.  30,  Sec.  25....1024 

tracks  of — 

Paving  Commission,  paving 

Acts,  Sec.  §841r 544 

— streets  on  which  prohibited . 

{See  ' 'Prohibiting  Tracks 
on  Certam  Streets.  ’ ’ ) 


Page 

STREETS, 

See  "Streets  and  City  Engi- 
neer;" "Streets^  Bridges 
a7id  Highways;' ' ' ' Grad- 
ing, Paving,  etc.,  Streets;" 
"Opening,  Closing,  etc.. 
Streets;' ' ' ' Commissioners 

for  Ope7iing  Streets ;" 
"Health;"  "Nuisances;" 
"La7nps  and  Lightmg;" 

‘ ‘ Electricat  Commission  a7id 
Subways;"  "Paving,  etc.. 
Streets; " " Topogrdphica I 

SuTuey"  and  "Board  of 
Estif nates. ' ' 

STREETS  AND  CITY 
ENGINEER, 

See  ' 'Streets,  Bridges  and 
Highways;' ' ' ' Advertise- 

7ne7its;' ' ' 'A Pfeals;' ' "As- 
sessme7its;"  "Be7iefits;" 
"Board  pf  Estifnates;" 

' ' City  Collector; " " City 
Council;'  ’ ‘ ‘ City  Register; ' ' 

' ' City  Solicitor; " " Co7n- 

7nissio7ters  for  Opening 
Streets;' ' " Conde7nnation  of 
Property;"  " Da7nages;" 
"Fire;"  "Fire  Regula- 
tions ;f  "Electrical  Com- 
7nission  and  Subways;" 

' ' Gradmg,  Pavhig,  etc. , 
Streets; ' ' ' 'Health; ' ' ' 'In- 
spectio 7is  Weights  and 
Measures ;"  "Lamps  a7id 
Lightmg;' ' ' 'Licenses;'  ’ 

"Markets;"  "Nuisances;" 

' ' Openmg,  Closing , etc. , 
Streets; " " Paving,  etc. , 

Streets;"  "Police  Comtnis- 
sioners;' ' ' 'Police  Regula- 
tions;" "Railroads  attd 
Raihvays ;"  "Sewers;" 

' ' Taxes; " " Topog raphical 
Su7'vey;"  "Vehicles"  and 
' ' Water. ' ’ 

annex  footways, 

Ords.,  Art.  35,  Sec.  29....1101 

annual  report  of  City  Engi- 
neer; data  relating  to 
opening,  etc.,  of  streets 
to  be  given  therein. 

Ords.,  Art.  35,  Sec.  2 1902 

asphalts  which  may  be  used 
for  paving  under  ordinances, 
Ords.,  Art.  35,  Sec.  101..1130 


STREETS  AND  CITYENG’R.  1593  STREETS  AND  CITY  ENG’R. 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d) . 

assessments  for  work  of 
grading,  paving,  etc. 

Ords.,  Art.  35,  Sec.  92....1126 

Bermuda  asphalt  or  any  other 
asphalts  equally  good  may 
be  used  in  re-paving. 

Ords.,  Art.  35,  Sec.  101..1130 

bids  and  contracts  for  paving 
authorized  by  ordinance. 

Ords.,  Art.  35,  Sec.  91....1126 

bond  of  City  Engineer. 

Ords.,  Art.  35,  Sec.  3 1092 

— of  Assistant  City  Engineers. 

Ords.,  Art.  35,  Sec.  3 1092 

bridges;  repair  of  same  on 
approval  by  Mayor. 

Ords.,  Art.  35,  Sec.  9 1093 

cobble  stone  pavements,  pro- 
hibited. 

Ords.,  Art.  35,  Sec.  77....1120 

construction,  paving  and 
curbing  of  streets;  duty  of 
City  Engineer. 

Acts,  Sec.  86 144 

contracts  for  paving,  etc. , 
authorized  by  ordinance. 

Ords.,  Art.  35,  Sec.  91....1126 

corporations  using  streets. — 
replacement  and  restoration 
of  street  surface  by,  pen- 
alty. 

Ords.,  Art.  35,  Sec.  114..1136 
—City  Engineer  to  repair 
streets  and  collect  cost 
from  same  on  default  of 
same. 

Ords.,  Art.  35,  Sec.  115, 

1136-37 

crossings  of  streets,  flag  and 
flag  stones;  materials  for 
to  be  selected  by  City 
Engineer. 

Ords.,  Art.  35,  vSec.  18....1096 
— contracts  to  specify  such 
materials. 

Ords.,  Art.  35,  Sec.  18....1096 
— vitrified  block  to  be  used 
for  in  paving  under  con- 
tracts . 

Ords.,  Art.  35,  Sec.  18....1096 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

documents  and  official  papers; 
heading  of. 

Ords.,  Art.  35,  Sec.  4 1092 

duties  and  authority  of  City 
Engineer — bids  for  work; 
public  writings  to  be  pre- 
served. 

Ords.,  Art.  35,  Sec.  1 1091 

— journals  of  proceedings  re- 
lating to  condemnation, 
etc.,  to  be  kept. 

Ords.,  Art.  35,  Sec.  1 1091 

— matters  to  be  recorded 
therein. 

Ords.,  Art.  35,  Sec.  1....1091 
—return  of  same  to  City 
Register. 

Ords.,  Art.  35,  Sec.  1....1091 

excavations  to  be  filled  in 
compactly — penalt3^ 

Ords.,  Art.  35,  Sec.  113. .1135 

flag  and  stepping  stones  to  be 
provided  bv  City  Engineer. 
Ords.,  Art.  35,  Sec.  83....1122 

Footways, 

— Burnt  District;  permits 
for  paving  of. 

Ords.,  Art.  35,  Sec.  13. ...1094 
— drainage  under  sidewalks. 
Ords.,  Art.  35,  Secs.  32- 

36 1102-1105 

— ^grading  of  annex  footwa}^s. 

Ords.,  Art.  35,  Sec.  30....1101 
— paving  of  required  by  City 
Engineer. 

Ords.,  Art.  35,  Sec.  28.... 

.1100-1101 

— penalty  for  failure  to  re- 
pair. 

Ords.,  Art.  35,  Sec.  26..  1100 
— repair  after  notice  by  City 
Engineer. 

Ords,,  Art.  35,  Sec.  22  ...1098 
— specifications  for,  in  Burnt 
District. 

Ords.,  Art.  35,  vSec.  14....1095 
— repairs,  payment  of  by  City 
Register. 

Ords.,  Art.  35,  Sec.  25..1099 

Grade  Lines, 

— building  permits  not  to  be 
issued  until  established. 

Ords.,  Art  35,  Sec.  51....1109 


STREETS  AND  CITY  ENG’r.  1594  STREETS  AND  CITY  ENG’r. 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

Grade  Lines. — (Coiit’d). 

— buildings  to  conform  to. 

Ords.,  Art.  35,  Sec.  52....1109 
— chart  of  to  be  made  and 
filed, 

Ords.,  Art.  35,  Sec.  51....1109 
— City  Surveyor  to  establish 
or  change  when  directed 
by  City  Engineer. 

Ords.,  Art.  35,  Sec.  41....1105 
— collection  of  costs  of  estab- 
lishment and  changes. 

Ords.,  Art.  35,  Sec.  40....1105 
— cost  of  establishment  and 
changes. 

Ords.,  Art.  35,  Secs  40- 

44 1105-1106 

— establishment  of  by  proper 
officer  before  building 
permits  are  granted. 

Ords.,  Art.  35,  Sec,  50.. ..1108 
— on  application  of  owner. 

Ords.,  Art.  35,  Sec.  39, 

1104-1105 

— notice  to  City  Surveyor  of 
ordinance, 

Ords.,  Art,  35,  Sec.  41....1105 
— penalty  for  building  not  in 
conformity  with  ; duty  of 
Inspector  of  Buildings. 

Ords.,  Art.  35,  Sec.  53....1109 
— private  alleys  ; establish- 
ment or  change  of  lines 
of ; cost  of. 

Ords.,  Art,  35,  Sec.  45.... 

1106-1107 

— record  of  establishment 
and  changes  to  be  kept  by 
City  Engineer. 

Ords.,  Art,  35,  Sec.  40....1105 

Grades  of  Streets, 

— appeals  from  decisions  of 
City  Engineer,  ' 

Ords.,  Art.  35,  Sec.  47.... 

1107,  1108 

— from  establishment  of ; 
expenses  of. 

Ords.,  Art.  35,  Sec.  49..1108 
— bond  of  appellants  from 
decisions  of  City  Engi- 
neer. 

Ords.,  Art.  35,  Sec.  48....1108 

Grading,  Paving,  etc., Streets, 

(See  "'Grading,  Paving,  etc. 
Streets.  ’ ’ ) 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

Grading,  Paving,  Etc.,  in  An- 
nex (By  City.) 

— advertisement  of  notice  of 
application  for, 

Ords.,  Art.  35,  Sec.  63.... 1113 
— of  deposit  of  proceedings. 

Ords.,  Art.  35,  Sec.  68....1116 
— of  review  of  assessments. 

Ords.,  Art.  35,  Sec.  67....1115 
— appeals — notice  of  right. 

Ords.,  Art.  35,  Sec.  68....1116 
— application  of  owners  for — 
Mayor  may  sign  for  city 
property. 

Ords.,  Art.  35,  Sec.  64.. ..1113 
— who  may  sign  as  such. 

Ords., Art  35,  Sec.  64.. ..1113 
— assessments — accounting  of 
moneys  collected  for. 

Ords,,  Art.  35,  Sec.  72. ...1117 
— collection  of ; proceedings 
for. 

Ords.,  Art.  35,  Sec.  71....1117 
— corrected  list  of  to  be 
filed  with  City  Register. 

Ords, , Art,  35,  Sec.  67....1115 
— correction  of. 

Ords.,x\rt.  35,  Sec.  67....1115 
— hearing  for  review  of. 

Ords.,  Art.  35,  Sec.  67....1115 
— of  expense  on  owners 
pro  rata  with  front  feet. 

Ords., Art.  35,  Sec.  62. ...1113 
—petition  for  review  to 
Baltimore  City  Court. 

Ords., Art.  35,  Sec.  70.. ..1116 
— transfer  of  list  to  City 
Collector  for  collection. 

Ords., Art.  35,  Sec.  71... .1117 
— written  or  printed  notice 
of,  to  be  served  on 
owners. 

Ords., Art.  35,  Sec.  69....1116 
— benefits  ; assessments  for 
— to  be  liens. 

Ords.,  Art.  35,  Secs.  66, 

67 1115,  1116 

— w^hen  payable. 

Ords.,  Art.  35,  Sec.  71  ....1117 
— payment  may  be  de- 
ferred. 

Ords., Art.  35,  Sec.  66.. ..1114 
— review  of  Baltimore  City 
Court — petition  of  own- 
ers. 

Ords.,  Art.  35,  Sec.  70....1116 


STREETS  AND  CITY  ENG’r..  1595  STREETS  AND  CITY  ENG’R. 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

Grading,  Paving,  Etc.,  in  An- 
nex (By  City.)  — (Cont’d). 

— Commissioners  for  Open- 
ing Streets  ; powers  as  to 
such  paving. 

Ords.,  Art.  35,  Sec.  62.... 

1112,  1113 

— cross  streets ; city  to  pay 
cost  of. 

Ords.,  Art.  35,  Sec.  65....1114 
— deposit  of  proceeding 

with  City  Register ; ad- 
vertisement of  notice. 

Ords.,  Art.  35,  Sec.  68....1116 
— fund  created  by  Act.  1904, 
ch.  274. 

Ords.,  Art.  35,  Sec.  72....1117 
— notice  of  application  of 
owners  for. 

Ords.,  Art.  35,  Sec.  63....1113 
— notice  of  assessments. 

Ords.,  Art.  35,  Sec.  69....1116 
— of  review  of  assessments. 
Ords.,  Art.  35,  Sec.  67...  1115 
— owners  of  majority  of  front 
feet  ma}^  request ; duty  of 
Commissioners  for  Open- 
ing Streets  in  such  cases. 
Ords.,  Art.  35,  Sec.  62.... 

1112,  1113 

— sidewalks  ; cost  of. 

Ords.,  Art.  35,  Sec.  62....1113 
—tax  for  expense  of  against 
owners  pro  rata  with  front 
feet. 

Ords.,  Art.  35,  Sec.  65....1114 

Same  (By  Owners.) 

— area  to  be  paved;  minimum 
area. 

Ords.,  Art.  35,  Sec.  73....1118 
— bond  of  indemnity  from 
owners. 

Ords.,  Art.  35,  Sec.  73, 

1118-1119 

— cross  streets;  paving  by 
city. 

Ords.,  Art.  35,  Sec.  73....1118 
— owners  to  select  paving, 
etc.,  and  to  grade  and 
pave  at  their  own  ex- 
pense. 

Ords.,  Art.  35,  Sec.  73  .1118 
— uniform  paving  required. 

Ords.,  Art.  35,  Sec.  73....1118 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

Same  in  Annex  (on  Applica- 
tion of  Owners.) 

Ords.,  Art.  35,  Sec.  54....1110 
— application  for,  Mayor  may 
sign  on  behalf  of  city. 

Ords.,  Art.  35,  Sec.  59... .1111 
— application  for;  who  may 
sign  as  owners. 

Ords.,  Art.  35,  Sec.  57....1111 
— contracts  for;  advertise- 
ments for  proposals. 

Ords.,  Art.  35,  Sec.  56, 

1110-1111 

— contractor;  payment  of. 

Ords.,  Art.  35,  Sec.  75, 

1119-1120 

— cross  streets;  expenses  for 
grading,  etc. 

Ords.,  Art.  35,  Sec.  60....1112 
— curbstones,  when  not  re- 
quired. 

Ords.,  Art.  35,  Sec.  58....1111 
— notice  of  application  by  ad- 
vertisement. 

Ords.,  Art.  35,  Sec.  55....1110 
— selection  of  kind  of  pave- 
ment by  owners. 

Ords.,  Art.  35,  Sec.  61....1112 
— tax  for — assessment  of, 
against  owners. 

Ords.,  Art.  35,  Sec.  74....1119’ 
— collection  of  by  City  Col- 
lector. 

Ords.,  Art.  35,  Secs. 

75-76  1119-1120 

— cost  of  paving,  etc.,  as- 
sessment of. 

Ords.,  Art.  35,  Sec.  74..1119' 
— list  of  owners  liable  for. 

Ords.,  Art. 35,  Sec.  75..1119 
— notice  to  persons  as- 
sessed . 

Ords.',  Art.  35,  Sec.  76..1120 

Grading,  Paving,  etc..  Under 
Ordinances, 

— ^appeals  from  assessments 
for. 

Ords.,  Art.  35,  Sec.  96....1128 
— assessment  for;  collection 
of. 

Ords.,  Art.  35,  Sec.  98....1129 
— list  of  assessments,  cor- 
rection  of. 

Ords.,  Art.  35,  Sec.  93.1127 
— cost  of,  apportionment  by 
City  Engineer. 

Ords.,  Art.  35,  Sec.  92....1126 


STREETS  AND  CITY  ENG’r,  1596  STREETS  AND  CITY  ENG’r. 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

Grading,  Paving,  etc..  Under 
Ordinances. — (Cont’d) . 

— excess  of  expenses  over  as- 
sessments for;  payment 
of. 

Ords.,  Art.  35,  Sec.  99....1130 
— lien  of  assessments  for  costs. 

Ords.,  Art.  35,  Sec.  93....1127 
— notice  of  apportionment  of 
cost  by  advertisement. 

Ords.,  Art.  35,  Sec.  93....1127 
— of  assessments  for,  pro- 
viso. 

Ords.,  Art.  35,  Sec.  95..1128 
— of  right  to  appeal  from 
apportionment  of  costs. 
Ords. , Art.  35,  Sec.  94..1128 
— review  and  correction  of  ap- 
portionment of  costs. 

Ords.,  Art.  35,  Sec.  93....1127 
— refund  to  owners  for  assess- 
ments paid  under  void 
ordinances. 

Ords.,  Art.  35,  Sec.  97....1129 
— where  assessments  are 
excessive. 

Ords.,  Art.  35,  Sec. 

100 1130 

— void  ordinances;  duty  of 
Comptroller  and  City 
Register  to  refund  assess- 
ments paid. 

Ords.,  Art.  35,  Sec.  97. ..1129 
— work  of;  when  begun. 

Ords.,  Art.  35,  Sec.  100... .1130 

grading,  paving,  etc.,  private 
alleys  in  state  of  nuisance. 
Ords.,  Art.  35,  Sec.  45, 

1106-1107 

gutter  plates;  weights  to  be 
stamped  on. 

Ords.,  Art.  35,  Sec.  11....1094 

inspections;  deposits  of  money 
for  cost  of  inspection  of 
work  of  private  parties. 

Ords.,  Art.  35,  Sec.  10, 

1093-94 

— work  to  be  inspected. 

Ords.,  Art.  35,  Sec.  10..1094 

labor  for  city  work;  employ- 
ment of  skilled  labor  au- 
thorized. 

Ords.,  Art.  35,  Sec.  5....1092 
— how  to  be  obtained. 

Ords.,  Art.  35,  Sec.  7. ...1093 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

— registered  voters  to  be  given , 
preference. 

Ords.,  Art.  35,  Sec.  6. ...1093 

lines  of  streets. 

— appeals  from  decision  of 
City  Engineer;  appoint- 
ment of  arbitrators;  pro- 
cedure of  appeals. 

Ords.,  Art.  35,  Secs.  47, 

49 1107-1108 

— bond  of  appellant  in  appeals 
from  decisions  of  City 
Engineer. 

Ords.,  Art.  35,  Sec.  48..1108 
— buildings  not  to  be  erected 
until  lines  established. 

Ords.,  Art.  35,  Sec.  46.... 1107 
— City  Engineer  to  establish. 

Ords.,  Art.  35,  Sec.  46....1107 

macadamizing  permitted  in 
“Annex.” 

Ords.,  Art.  35,  Sec.  82....1122 

mains  and  sewers;  construc- 
tion of  in  alleys  when  prac- 
ticable. 

Ords.,  Art.  35,  Sec.  110 

1134 

newly  opened  streets;  selec- 
tion of  paving  for. 

Ords.,  Art.  35,  Sec.  78, 

1120-1121 

notice  to  owners  by  advertise- 
ment to  signify  paving  de- 
sired. 

Ords.,  Art.  35,  Sec.  78, 

1120-1121 

nuisances  in  streets. 

— abatement  of  by  paving  or 
repaving. 

Ords.,  Art.  35,  Sec.  85....1123 
— apportionment  of  cost  of 
paving  or  repaving. 

Ords.,  Art.  35,  Sec.  86..1123 
— expenses  of  paving,  etc.,  to 
abate. 

Ords.,  Art.  35,  Sec.  85. .1123 
— notice  to  non-resident 
owners  of  charges  for 
abating. 

Ords.,  Art.  35,  Sec.  88..1124 


STREETS  AND  CITY  ENG’R.  1597  STREETS  AND  CITY  ENG’R. 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

— paving  or  repaving  to  abate; 
notice  before  commencing 
work. 

Ords.,  Art.  35,  Sec.  86....1123 
— refund  of  expenses  of  pav- 
ing when  court  decides 
no  nuisance  existed. 

Ords.,  Art.  35,  Sec.  87..1124 

Paving — 

contracts — guarantee  of  con- 
tractor to  maintain  pave- 
ments in  good  order. 

Ords.,  Art.  35,  Sec.  16 

1095-96 

— removal  of  old  material  re- 
quired. 

Ords.,  Art.  35,  Sec.  16....1096 

materials — definition  of  im- 
proved pavements. 

Ords.,  Art.  35,  Sec.  79..1121 

ordinances — City  Solicitor  to 
give  opinion  as  to  legal 
form  and  sufficiency  of. 

Ords.,  Art.  35,  Sec.  89..1125 
— hearings  before  Council. 

Ords.,  Art.  35,  Sec.  90..1125 
— Joint  Standing  Committee 
of  Highways  of  Council; 
duties  relating  to. 

Ords.,  Art.  35,  Sec.  90..1125 
— no  work  to  be  done  under 
until  City  Solicitor  ap- 
proves. 

Ords.,  Art.  35,  Sec.  89..1125 
— preliminaries  to  passage  of 
such  ordinances. 

Ords.,  Art.  35,  Sec.  90 

1125-1126 

work — to  be  done  by  contract 
or  dav  labor. 

Ords.,  Art.  35,  Sec.  81 

1121-1122 

Permits  for  Digging  Up  Streets, 

— applications  for; conditions 
and  terms  under  which 
permits  are  to  be  granted. 
Ords.,  Art.  35,  Sec.  106 

1132-1133 

— gas,  sewer  and  water  con- 
nections. 

Ords.,  Art.  35,  Sec.  109 

1133-1134 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d) . 

Permits  for  Digging  Up 
Streets. — (Cont’d). 

— paved  streets;  bed  or  pave- 
ment of;  penalty. 

Ords.,  Art.  35,  Sec.  105 

1131-1132 

— penalty  for  violation  of 
provisions  relating  to. 

Ords.,  Art.  35,  Sec.  107 

1133 

— regulations  for  issuing. 

Ords.,  Art.  35,  Sec.  106 

1132 

— trenches,  drains,  gutters, 
etc.;  penalty. 

Ords.,  Art.  35,  Sec.  108 

1133 

— unpaved  streets;  removal 
of  earth  from ; penalt}  . 
Ords.,  Art.  35,  Sec.  104 

1131 

— water  connections. 

Ords.,  Art.  40,  Sec.  28..1187 

poles,  telegraph,  telephone 
and  electric  light, 
applications  for  permits  to 
plant;  conditions  and  terms 
of  permits. 

Ords.,  Art.  .35,  Sec.  106 

1132-1133 

— permit  for  planting  re- 
quired. 

Ords.,  Art.  35,  Sec.  105 

1131-1132 

protection  of  street  surface. 

Ords.,  Art.  35,  Sec.  116 

1137-1138 

repairs  of  streets. 

Ords.,  Art.  35,  Sec.  111..1134 
— corporations  using — failure 
of  to  repair  streets. 

Ords.,  Art.  35,  Sec.  115 

1136-1137 

— duty  of;  penalty. 

Ords., Art.  35,  Sec.  114 

1136 

repaving  of  streets  dug  up  by 
Water  Board. 

Ords.,  Art.  40,  Secs.,  27, 

29,  30  1186-1187 

restoring  street  surface;  pen- 
alty. 

Ords.,  Art.  35,  Sec.  113..1135 


streets  and  city  ENG’r.  1598  STREETS,  BRIDGES,  ETC. 


Page 

STREETS  AND  CITY 
ENGINEER.— (Cont’d). 

selection  of  paving  for  newly 
opened  streets. 

Ords.,  Art.  35,  Sec.  78 

1120-1121 

— when  city  pays  whole  cost. 

Ords.,  Art.  35,  Sec.  80..1121 

sewers;  entry  for  repairing 
public  sewers.. 

Ords.,  Art.  35,  Sec.  8....1093 

surface  of  streets;  restoration 
and  repair  of. 

Ords.,  Art.  40,  Secs.  23, 

24,  27,  29,  30  1184-1187 

surface  of  street;  protection 
of;  fires  on  pavements  for- 
bidden. 

Ords.,  Art.  35,  Sec.  116..1137 
— kerosene  or  other  oils  not 
to  run  on. 

Ords.,  Art.  35,  Sec.  116..1137 
— mixing  mortar  on  asphalt. 

Ords.,  Art.  35,  Sec.  116..1137 
— oil  tank  wagons;  drip  pans. 

Ords.,  Art.  35,  Sec.  116..1137 
— penalty. 

Ords.,  Art.  35,  Sec.  116..1138 
— trestles  on  asphalt. 

Ords.,  Art.  35,  Sec.  116 

1137-1138 

trenches  made  by  gas  com- 
panies. 

Ords.,  Art.  35,  Sec.  111..1134 

vaults  and  areas,  protection 
and  construction. 

Ords.,  Art.  25,  Secs. 
113-14 996 


wharves,  docks,  etc. 

— cleaning  of  private  wharves, 
etc. 

Ords.,  Art.  35,  Sec.  84....1122 
— tax  to  cover  cost  of  clean- 
ing private  wharves,  etc. 
Ords.,  Art.  35,  Sec.  84..1122 

work  of  grading,  paving,  etc., 
authorized  by  ordinance; 
to  be  done  by  contract  or 
day  labor. 

Ords.,  Art.  35,  Sec.  91..1126 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS, 

See  ""Streets  and  City  Engi- 
neer;'' ’ ""A dvertisements ’ 

"" Appeals ""Assessments;" 

" "Benefits;'"'  " "Board  of  Es- 
timates;" ""City  Collector;'''' 
""City  Council;"''  ""City 
Register;''  ’ ‘ ‘ City  Solici- 
tor;" '"Commissioner's  for 
Open ing  Streets  "'  Con- 

demnation of  Property ;" 
""Damages;''''  ""Fire;" 

" "Fire Regulation;'' ' " ' Elec- 
trical Commission  and  Sub- 
ways;'" ""Grading,  Paving, 

Etc. , Streets;'  * ‘ "Health;"  ’ 
""Inspections,  Weights  and 
Measures  ;" " " "Lamps  and 
L ighting  ;""  ""L  icenses  ; " " 

" "Markets;" " " " Nidsances;" 
""Opening,  Closing,  Etc., 
Streets;' " " " Paving.  Etc. , 

Streets;"  ""Police  Commis- 
sioners;" ""Police  Regula- 
tions;" ""Railroads  and 
Railways;  "'Sewers;" 
""Taxes;"  '"Topographical 
Survey  /”  “ V eh  ides  ;"  and 
"'  Water' 

alphabetical  list  of ; custo- 
dians of  copies  of. 

Ords.,  Art.  6,  Sec.  28 707 

Annex  Improvement  Loan  and 
Commission, 

— additional  powers  to  com- 
mission. 

Acts,  Sec.  §841c 532. 

— agent  of  city,  commission 
as. 

Acts,  Sec.  §841e  533 

— annual  report. 

Acts,  Sec.  §841b 531-2: 

— application  for  loan  con- 
fined to  annex. 

Acts,  Sec.  §841a 530' 

— appointment  of  Commis- 
sion. 

Acts,  Sec.  §841b  531-2 

— approval  by  voters,  of  loan 
and  commission. 

Acts,  Sec.  §841a 530' 

— assessment  of  costs  of  side- 
walks. 

Acts,  Sec.  §841f 534 

— authority  of  Commission 
over  Municipal  Officers. 

Acts,  Sec.  §841d 532-3* 


STREETS,  BRIDGES,  ETC.  1599  STREETS,  BRIDGES,  ETC. 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d). 

Annex  Improvement  Loan 
and  Commission. — (Cont’d). 

— to  employ  help  and  fur- 
nish office. 

Acts,  Sec.  §841b 531-2 

— building  line,  to  fix. 

Acts,  Sec.  §841c 532 

— City  Solicitor  to  certify 
titles. 

Acts,  Sec.  §841e 533 

— Chairman  of  Commission, 
compensation,  duties. 

Acts,  Sec.  §841b 531-2 

— compensation  of  Commis- 
sion. 

Acts,  Sec.  §841b 531-2 

— completed  work,  to  turn 
over  to  City. 

Acts,  Sec.  §841i 534 

— composition  of  Commis- 
sion, bi-partizan. 

Acts,  Sec.  §841b 531-2 

— condemnation  by  ordi- 
nance. 

Acts,  Sec.  §841e 533 

— condemn,  lay  - out,  open, 
etc.,  streets. 

Acts,  Sec.  §841c 532 

— contract  for  improvements. 

Acts,  Sec.  §841g 534 

— convevances  to  City. 

Acts,  Sec.  §841e  533 

— costs  of  work,  payment  of. 

Acts,  Sec  §841g 534 

— direct  supervision  of  work. 

Acts,  Sec.  §841g 534 

— duties  and  powers  of  Com- 
mission. 

Acts,  Sec.  §841c 532 

— drainage  of  annex. 

Acts,  Sec.  §841h 534 

— election  of  Chairman  of 
Commission,  duties. 

Acts,  Sec.  §841b 531-2 

— execution  of  work,  other 
than  by  contract. 

Acts,  Sec.  §841g 534 

— extend  streets,  etc. 

Acts,  Sec.  §841c 532 

— footways,  improvement  at 
expense  of  abutting  own- 
ers. 

Acts,  Sec.  §841f 534 

— grading,  etc.,  streets. 

Acts,  Sec.  §841c 532 

— highways,  streets  to  be- 
come public. 

Acts,  Sec.  §841e 533 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d) . 

Annex  Improvement  Loan 
and  Commission. — (Cont’d). 

— issue  of  stock  for  loan. 

Acts,  Sec.  §84 la 530 

— maps  and  records,  proper- 
ty of  city. 

Acts,  Sec.  §841i 535 

— preparation  of  ; what  to 
show. 

Acts,  Sec.  §841d 532-33 

— maximum  yearly  issue  of 
stock. 

Acts,  Sec.  §841a 530 

— open,  grade,  etc.,  streets. 

Acts,  Sec.  §841c 532 

— ordinance,  condemnation 
by. 

Acts,  Sec.  §841  e 533 

— paving,  grading,  etc., 

Acts,  Sec.  §841c 532 

— powers  of  Commission. 

Acts,  Sec.  §841c 532 

— proceedings  in  condemna- 
tion , ordinance  to  provide. 

Acts,  Sec.  §841e 533 

— proceeds  of  loan,  applica- 

tion of. 

Acts,  Sec.  §841a 530 

— proviso,  when  work  to  be 
done  by  Commissioners 
for  Opening  Streets. 

Acts,  Sec.  §841  j 535 

— qualifications  of  Commis- 
sioners. 

Acts,  Sec.  §841b 531-2 

— quorum  of  Commission, 

Acts,  Sec.  §841  b„ 531-2 

— records  to  be  public. 

Acts,  Sec.  §841b 531-2 

— to  be  property  of  city. 

Acts,  Sec.  §841i 534 

— report,  annual. 

Acts,  Sec.  §841b 531-2 

— Secretary,  compensation, 
duties. 

Acts,  Sec.  §841b 531-2 

— sewerage  in  annex. 

Acts,  Sec.  §841h. 534 

— sidewalk  improvements  at 
expense  of  abutting  own- 
ers. 

Acts,  Sec.  §841f 533 

— straightening,  etc. , streets. 

Acts,  Sec.  §841c 532 

— term  of  office  of  Commis- 
sioners. 

Acts,  Sec.  §841b. 


.531-2 


STREETS,  BRIDGES,  ETC.  1600  STREETS,  BRIDGES,  ETC. 


STREETS,  BRIDGES  AND 
HIGH  WAYS.— ( Cont’ d ) . 

Annex  Improvement  Loan 
and  Commission. — (Cont ’ d) . 

— vacancies  on  Commission. 

Acts,  Sec.  §841b 531-2 

— voters  to  approve  loan  and 
Commission, 

Acts,  Sec.  §841a 530 

— vouchers  for  costs  of  work. 

Acts,  Sec.  §841g 534 

— widening,  etc.,  streets. 

Acts,  Sec.  §841c 532 

— work  by  Commissioners 
for  Opening  Streets,  pro- 
viso, when  to  be  done. 

Acts,  Sec.  §841j 535 

annex — streets  in — highways, 
public,  streets  to  become. 

Acts,  Sec.  §841e 533 

— ownership  not  affected  by 
plans  and  maps  of  Topo- 
graphical Survey  Com- 
mission . 

Ords.,  Art.  39,  Sec  7 1174 

— status,  after  annexation. 

Acts,  Sec.  841 530 

— Topographical  Survey- 
maps  and  plans  of. 

Ords.,  Art.  39,  Secs.  5-7, 

1173,  1174 

— validly  constituted  streets 
of  city. 

Acts,  Sec.  3 42 

ashes  and  sand,  deposit  of,  pro- 
hibited, penalty,  proviso. 

Ords.,  Art.  25,  Secs.  37- 
38 970-71 

bricks,  lumber,  etc., in  streets; 
signals  on — penalty. 

Ords.,  Arts.  35,  Sec.  112. .1135 

bridges  and  highways, 

note 529 

— county  bridges  in  annex  to 
be  completed  by  city. 

Acts,  Sec.  839 528-529 

— long  bridge,  city  to  main- 
tain. 

Acts,  Sec.  839 528-529 

builders  materials  and  enclos- 
ures in,  police  regulations. 
Ords.,  Art.  25,  Sec.  74....  982 

Burnt  District  Commission, 
powers  relating  to. 

App.  A,  Sec.  2.. 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d) . 

Annex  Improvement  Loan 
and  Commission. — (Cont’d). 

cars  of  steam  railroads,  regu- 
lations for  cars  standing  in 
streets. 

Ords,,  Art.  30.  Secs.  1-10 
inc 1015-1018- 

cattle  or  cows  in,  sales  pro- 
hibited, penalty. 

Ords.,  Art.  23,  Sec.  38....  930 

cleaning  and  lighting. 


Acts,  Sec.  6 80 

— private  streets,  docks, 
wharves,  etc. 

Acts,  Sec,  833 525 

coasting  prohibited,  penalty. 
Ords.,  Art.  25,  Secs.  89- 
90 988 

conduits  for  wires  in. 

Acts,  Sec.  6 81 


dead  animals,  removal  of. 

Ords.,  Art.  36,  Sec.  11..1144 

dedicated  streets. 

Ords.,  Art.  35,  Sec.  19..1097 

digging  up  streets,  protection 
of  pedestrains  and  vehicles, 
penalty. 

Ords.,  Art.  35,  Sec.  112..1134 
1135- 

dirt,  lumber,  etc.,  in,  pen- 
alty, removal  at  expense 
of  offender. 

Ords.,  Art.  25,  Sec.  73....  981 

driving  cattle,  hogs  and 
sheep,  through  police 
regulations. 

Ords.,  Art.  25,  Secs.  11- 

31  964-969 

— on  Sabbath  unlawful,  pen- 
alty, proviso. 

Ords.,  Art.  31,  Sec.  1....1040' 

embankments,  mounds  or 
other  public  work,  penalty 
for  injury  to. 

Ords.,  Art.  35,  Sec.  117. .1138 

excavations  in  streets,  safety 
requirements,  penalty. 

Ords.,  Art.  35,  Sec.  112..1134 
113S 


1236 


STREETS,  BRIDGES,  ETC.  1601  STREETS,  BRIDGES,  ETC. 


Page 

STREETS,  BRIDGES  AND 
HIGH  WAYS.— ( Cont  ’ d ) . 

fines  and  penalties,  recovery 
and  collection  of. 

Ords.,  Art.  35,  Sec.  118..1138 

fish,  cleaning  in,  or  near 
fountains  or  pumps,  pro- 
hibited, penalty. 

Ords.,  Art.  25,  Sec.  39....  971 

garbage  boxes  at  corners. 

Ords.,  Art.  36,  Sec.  10....1144 

general  powers. 

Acts,  Sec.  6,  page 
12  et  seq. 

gifts  of  property  for. 

Acts,  Sec.  193 202 

grade  lines  of. 

Acts,  Sec.  6 74 

— City  Surveyor  to  fix  estab- 
lishment or  change  of. 

Ords.,  Art.  35,  Secs.  41- 
42 1105 

Grades  of  Streets, 

— alley  and  street  grades, 
establishment  of. 

Acts,  Sec.  §833a 525 

— alteration  of  grades  on 
certificate  of  Commis- 
sioner of  Health. 

Acts,  Sec.  834 526 

— appeal  from  assessment. 

Acts,  Sec.  834 526 

—assessment  of  damages. 

Acts,  Sec.  834 526 

— Commissioner  of  Health, 
certificate  to,  necessity 
for  change. 

Acts  Sec.  834 526 

— City  Engineer — to  notify 
abutting  owners. 

Acts,  Sec.  834 526 

— to  notify  City  Surveyor 
of  changes. 

Acts,  Sec.  §833a 525 

— City  Surveyor,  compensa- 
tion for  establishing 
grades. 

Acts,  Sec.  §833b 526 

— to  establish  grades  and 
prepare  profiles. 

Acts,  Sec.  §833a 525 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d) . 

Grades  of  Streets. — (Cont’d). 


— damages,  assessment  of. 

Acts,  Sec.  834 526 

— dissent  of  owners. 

Acts,  Sec.  834 526 

— pavingplats.  City  Surve}^or 
to  prepare. 

Acts,  Sec.  §833a 525 

— valuation  of  damages. 

Acts,  Sec.  834 526 

gutters,  police  reirulations, 
penalty. 

Ords.,  Art.  25,  Secs.  50 
51 974 


horseshoeing  in,  fires  in, 
police  regulations. 

Ords.,  Art.  25,  Sec.  75..  983 

ice  and  snow,  removal  from. 

Ords.,  Art.  36,  Sec.  15..1145 

Jones’  Falls,  exemption  from, 
provisions  for  streets. 

Acts,  Sec,  600 359 

landmarks  of,  penalty  for 
defacing. 

Ords.,  Art.  25,  Sec.  56..  976 

location  and  delineation  of 
by  topographical  survey. 

Ords.,  Art.  39,  Sec.  1...1171 
1172 

manure  and  dirt  from,  pen- 
alty for  removing  without 
authority. 

Ords.,  Art.  36,  Sec.  13.. ..1145 

maps,  plats,  surveys,  for  loca- 
tion of  streets,  rules  for. 

Acts,  Sec.  840 529-530 

minor  privileges  prohibited. 

Acts,  Sec.  8 95 

names  of  streets  and  public 
places. 

Acts,  sec.  6 79 

— Mayor  and  City  Council 
of  Baltimore  to  approve, 
Ords.,  Art.  35,  Sec.  103  1131 
— on  corner  lamps. 

Ords.,  Art.  20,  Secs.  17 

18 899 

— revision  and  change  of. 
Ords.,  Art.  35,  Sec.  102 

1131 


streets,  bridges,  etc.  1602  STREETS,  BRIDGES,  ETC. 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d). 

North  avenue,  assessment 
of  property  in  county, 
fronting  thereon. 

Acts,  Sec.  838 527-528 

— benefits  in  improvement 
of,  county  property 
liable. 

Acts,  Sec.  838 527-528 

— to  be  a public  street. 

Acts,  Sec.  838 527-528 

nuisances  in,  police  regula- 
tions. 

Ords.,  Art.  25,  Sec.  36,  970 
— streets  in  state  of. 

{See  '‘'’Nuisances.'"') 
obstruction  of — by  articles 
of  trade  or  business,  pen- 
alty, proviso. 

Ords.,  Art.  25,  Sec.  67,  979 
— inspection  of  goods  on, 
penalty. 

Ords.,  Art.  17,  Sec.  3,  876 
obstructions  and  encroach- 
ments in. 


Acts,  Sec.  6 78 

— removal  of. 

Acts,  Sec.  189 201 

offensive  fluids  in,  prohibited, 
penalty. 

Ords.,  Art.  25,  Secs.  52 
53 975 

Opening,  Closing,  etc.  Streets, 

— annex,  opening  streets  in. 

Acts,  Sec.  840 529 

— application  of  owners  binds 
property. 

Acts,  Sec.  830 524 

— of  joint  owners. 

Acts,  Sec.  831 524 

— closing  streets. 

Acts,  Sec.  828 522 

— Commissioners  for,  maps 
in  offices  of. 

Acts,  Sec.  828 523 

— condemnation  of  property. 

Acts,  Sec.  827 521 

— damages,  payment  of,  into 
court. 

Acts,  Sec.  827 521 

— decree  for  payment  of  dam- 
ages into  court. 

Acts,  Sec.  827 521 

— endorsement  of  maps  by 
commission. 

Acts,  Sec.  828 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS . — (Cont  ’ d). 
Opening,  Closing,  etc..  Streets. 

— (Cont’d). 

— ^highways,  streets  to  be 
public. 

Acts,  Sec.  832 525 

— infancy,  insanity , absence,  of 
persons  entitled  to  dam- 
ages. 

Acts,  Sec.  827 521 

— interested  parties,  quieting 
claims  of. 

Acts,  Sec.  827 521-522 

— joint  tenants,  interests  of. 

Acts,  Sec.  831 524 

— maps  of  improvements  to 
be  filed. 

Acts,  Sec.  828 523 

— non-resident  owners,  dam- 
ages to. 

Acts,  Sec.  827  521 

— notice  by  Commissioners  of 
objects  of  ordinance. 

Acts,  Sec.  829 523 

— of  application  of  joint 
owners. 

Acts,  Sec.  831 524 

— by  publication  of  pro- 
posed ordinance. 

Acts,  Sec.  828 522 

— opening  according  to  divi- 
sion among  joint  owners. 

Acts,  Sec.  831 524 

— ordinance  for,  notice  of. 

Acts,  Sec.  828 522 

— owner,  whom  to  be  regard- 
ed as. 

Acts,  Sec.  830 524 

— payment  of  damages  into 
court. 

Acts,  Sec.  827 531 

— publication  of  notice  of 
objects  of  ordinance. 

Acts,  Sec.  829 523 

— public  highways,  streets 
opened,  to  be. 

Acts,  Sec.  832 524-525 

— rejection  of  damages  by 
those  entitled. 

Acts,  Sec.  827 521 

— release  of  city  from  claims 
in. 

Acts,  Sec.  827 521 

— removal  of  maps. 

Acts,  Sec.  828 523 

— straightening,  widening, 
etc.,  notice  in. 

Acts,  Sec.  828. 


.523 


.522 


streets,  bridges,  etc.  1603  streets,  bridges,  etc. 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d) . 
Opening,  Closing,  etc..  Streets. , 

— (Cont’d). 

— tenants  in  common,  inter- 
ests of. 

Acts,  Sec,  831 524 

openings  in  streets,  safety 
requirements,  penalty, 

Ords.,  Art.  35,  Sec.  112, 

1134-1135 


— signals  on  obstructions 
required,  penalty. 
Ords.,  Art.  35,  Sec. 


Paving  Commission  and  Loan, 

—acquisition  of  prpperty. 

Acts,  Sec.  §841m 539 

— advisers,  employ  expert. 

Acts,  Sec.  §8411 538 

— annual  appropriation  by 
Board  of  Estimates. 

Acts,  Sec.  §841p 542 

— levy  to  pay  interest. 

Acts,  Sec.  §841p 542 

— report  to  Mavor, 

Acts,  Sec.  §841k 536 

— appeals  in  assessments. 

Acts,  Sec.  §841q 543 

— in  condemnation. 

Acts,_  Sec.  §841m 539 

— application  of  assessments. 

Acts,  Sec.  §841q  544 

— appointment,  confirmation 
by  Councils. 

Acts,  Sec.  §841k 535 

— approval  of  voters  to  issue 
of  stock. 

Acts,  Sec.  §841p 542 

— assessment  of  costs. 

Acts,  Sec.  §841q  543 

— bi-partizan  membership  of 
Commission . 

Acts,  Sec.  §841k 535 

— Board  of  Estimates,  annual 
appropriation  by. 

Acts,  Sec.  §841p 542 

— bonds  of  experts. 

Acts,  Sec.  §841 1 538 

— buildings,  etc.,  to  be 
adapted  to  general  plan. 

Acts,  Sec.  §841n 539 

— chairman,  compensation. 

Acts,  Sec.  §841k 536 

— Chief  Engineer,  City  En- 
gineer to  be. 

Acts,  Sec.  §841  1 538 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d) . 

Paving  Commission  and  Loan. 


— (Cont’d). 

— City  Engineer,  duties  of, 
to  remain  as  at  present. 

Acts,  Sec.  §841  s 545 

— City  Librarian,  custodian 
of  records  of. 

Acts,  Sec.  §841  s 545 

— closing  work  of  Commis- 
sion. 

Acts,  Sec.  §841s 545 

— collection  of  assessments. 

Acts,  Sec.  §841q 543 

— Commissioners  of  Finance 
to  sell  stock. 

Acts,  Sec.  §841p  542 

— completed  work  turned 

over  to  city.  ’ 

Acts,  Sec.  §841s 545 

— composition  of  Commis- 
sion. 

Acts,  Sec.  §841k 535 

— condemnation  of  property. 

Acts,  Sec.  §841m 539 

— contracts,  manner  of 
awarding. 

Acts,  Sec.  §841o 540 

— power  to  make. 

Acts,  Sec.  §841 1 538 

— specifications. 

Acts,  Sec.  §841o 540' 

— cross  streets,  cost  of. 

Acts,  Sec.  §841q 543 

— day  labor. 

Acts,  Sec.  §841o 541 

— disbursement  of  funds. 

Acts,  Sec.  §841p 542 

— duties  and  powers  of  City 
Engineer  and  Commis- 
sioner of  Street  Cleaning 
to  remain  as  at  present. 

Acts,  Sec.  §841s 545 

— existing  pavements  to  be 
utilized  or  condemned. 

Acts,  Sec.  §841 1 537 

— experts,  employment  of. 

Acts,  Sec.  §8411 538 

— fines  for  obstruction  to. 

Acts,  Sec.  §841  n 540 

— franchises  taken,  condem- 
nation of. 

Acts,  Sec.  §841n 540 

— grading,  graveling,  etc., 
streets. 

Acts,  Sec.  §841 1 537 

— hearings  in  assessments. 

Acts,  Sec.  §841q 


.543 


streets,  bridges,  etc.  1604  streets,  bridges,  etc. 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cont’d). 

Paving  Commission  and  Loan. 

— (Cont’d). 

— issue  of  stock. 

Acts,  Sec.  §841p  541 

— labor  of  residents  pre- 
ferred. 

Acts.  Sec.  §841o 540 

— levy,  annual  to  pay  in- 
terest. 

Acts,  Sec.  §841k 542 

— lien  of  assessment. 

Acts,  Sec.  §841q 543 

— macadamize,  etc.,  streets. 

Acts,  Sec.  §841 1 537 

— machinery  and  tools,  ac- 
quire use  of. 

Acts,  Sec.  §841 1 538 

— materials,  selection  of. 

Acts,  Sec.  §841 1 537 

— maximum  yearly  issue  of 
stock. 

Acts,  Sec.  §841  p 541 

— Mayor,  ex-officio  member 
of. 

Acts,  Sec.  §841k  536 

— meetings  to  be  public. 

Acts,  Sec.  §841k  536 

— merit  system  in  selecting 
employes. 

Acts,  Sec.  §841o 541 

— “New  Paving  Fund.” 

Acts,  Sec.  §841p 541 

— notice  of  assessments  to 
property  owners. 

Acts,  Sec.  §841q  543 

— to  owners  of  obstructions. 

Acts,  Sec.  §841n 540 

— obstructions,  removal  of. 

Acts,  Sec.  §841n 539 

— ordinances,  to  pass  neces- 
sary. 

Acts,  Sec.  §841q 544 

— organization  of  Commis- 
sion. 

Acts,  Sec.  §841k 536 

— pave,  etc.,  streets. 

Acts,  Sec.  §841 1 537 

— payment  of  costs. 

Acts,  Sec.  §841q 543 

— penalty  for  obstructing 
Commission. 

Acts,  Sec.  §841n 540 

— plan  of  improvements,  to 
adopt. 

Acts,  Sec.  §841 1 537 

— powers  enumerated. 

Acts,  Sec.  §841 1 537 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— ( Cont  ’ d ) . 

Paving  Commission  and  Loan. 

— (Cont’d). 

— preliminary  work  and  in- 
vestigation. 

Acts,  Sec.  §841 1 537 

— procedure  in  condemna- 
tions. 

Acts,  Sec.  §841n 539 

— public  alleys,  lanes, streets, 
etc.,  to  pave. 

Acts,  Sec.  §841 1 537 

— qualifications  of  members. 

Acts,  Sec.  §841k 536 

— railways’  proportion  of 

cost,  proviso. 

Acts,  Sec.  §841r 544 

— records,  delivery  to  City 
Librarian  on  completion 
of  work. 

Acts,  Sec.  §841  s 545 

— removal  of  members. 

Acts,  Sec.  §841k  536 

— repaving,  etc.,  streets. 

Acts,  Sec.  §841 1 537 

— repeal  of  Act  1900  ch.  523. 

Acts,  Sec.  §841t 545 

— report  annually. 

Acts,  Sec.  §841k 536 

— resident  labor. preferred. 

Acts,  Sec.  §841o 541 

— residue  from  sale  of  stock. 

Acts,  Sec  §841p 541 

— resignation  of  members. 

Acts,  Sec.  §841k 536 

— rules  and  regulations. 

Acts,  Sec.  §841 1 538 

— secretary,  compensation, 
duties. 

Acts,  Sec.  §841k 536 

— sewerage  arrangements, 

proviso. 

Acts,  Sec.  §841 1 537 

— sinking  fund. 

Acts,  Sec.  §841p 541 

— stock,  issue  of. 

Acts,  Sec.  §841p 541 

— subsidiary  powers. 

Acts,  Sec.  §841 1 537 

— tax,  annual,  to  pay  levy. 

Acts,  Sec.  §841p 542 

— temporary  officers. 

Acts,  Sec.  §841p 542 

— term  of  office. 

Acts,  Sec.  §841k 535 

— tracks,  railway,  paving 
between. 

Acts,  Sec.  §841r 544 


streets,  bridges,  etc.  1605  street  sweeping. 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS.— (Cotit’d). 

Paving  Commission  and  Loan. 


— (Cont’d). 

— vacancies,  how  filled. 

Acts,  Sec.  §841k 536 

— voters  to  approve  issue  of 
stock. 

Acts,  Sec.  §841p 542 

— vouchers,  signature  of. 

Acts,  Sec.  §841p 542 

plan  of  streets  for  annex, 
ordinance  adopting. 

Acts,  Sec.  840 529 

poles  and  wires  in. 

Acts,  Sec.  6 79 

preservation  of  as  a highway. 

Acts,  Sec.  6 78 

private  streets — assessment  of 
costs  of  repairing,  etc. 

Acts,  Sec.  833 525 

— collection  of  cost  of  clean- 
ing, etc. 

Acts,  Sec.  833 525 

prohibited  structures  in;  on 
sidewalks. 

Acts,  Sec.  8 95 

railways,  street;  use  of  by, 
regulated. 

Acts,  Sec.  6 67 


restoration  of  surface  of  after 
digging  up. 

Ords.,  Art.  36,  Sec.  8 1143 

safety  regulations  when  open- 
ing street  surface,  penalty. 
Ords.,  Art.  35,  Sec.  112. 
1134-1135 

salt,  use  of  in  melting  snow. 

Ords.,  Art.  25,  Sec.  77....  984 

signs,  poles,  wires,  etc.,  in. 

Acts,  Sec.  6 79 

snow,  removal  of  from  side- 
walks, police  regulations. 
Ords.,  Art.  25,  Sec.  76, 

983  4 

sprinkling  and  sweeping,  police 
regulations. 

Ords.,  Art.  25,  Sec.  55....  975 

surface  of  streets,  opening  of. 
Acts,  Sec.  6 


Page 

STREETS,  BRIDGES  AND 
HIGHWAYS— (Cont’d). 

Topographical  Survey  Com- 
mission, approve  plans  for 


streets  in  annex. 

Acts,  Sec.  840 529 

turnpike  companies  may  cede 
roads  within  city  limits. 

Acts,  Sec.  825 526-27 

use  of,  by  tracks,  poles  and 
wires. 

Acts,  Sec.  6 80 

— regulated. 

Acts,  Sec.  6 78 


vehicles  in. 

See  ‘ ‘ Vehicles,  ’ ’ 

washing  of.  Water  Board  may 
prohibit,  penalty. 

Ords.,  Art.  41,  Sec.  71....1222 

water,  use  and  wasting  of, 
police  regulations,  protec- 
tion of  new  paving. 

Ords.,  Art.  25,  Secs.  115- 

16 966-7 

York  road,  cobblestone  and 
macadam  paving  prohibited 
on. 

Acts,  Sec.  §838a 528 


STREETS,  COMMISSIONERS 
FOR  OPENING, 

See  '‘'‘Commissioners Jor  Open- 
ing Streets.  ’ ’ 

Review  and  Assessment,  De- 
partment of. 

Acts,  Sec.  145 170 


STREETS  IN  ANNEX, 

See  '‘'Annex;"  "Streets  and 
City  Eng  ineer'  ’ and 
‘ 'Streets^  Bridges  and  High- 
ways" and  other  headings 
relating  to  streets. 


STREET  SWEEPING, 

See" Garbage  and  Street  Dirt" 
and  ' 'Street  Cleaning.  ’ ’ 


79 


street  vender. 


SUITS. 


Page 


1606 

SUBSTITUTE, 


STREET  VENDERS, 

fruits,  cakes,  nuts,  etc.,  sale 
of  on  footways,  penalty. 

Ords.,  Art.  41,  Sec.  46....1214 

licenses  for. 

{See  ‘ ‘ Street  Venders  ’ L icenses  ’ ’ 
under  Licenses d'') 

— poor  persons  selling  fruit. 

Ords.,  Art.  41,  Sec.  46....1214 


STRIKING  OUT  DECREES, 

note 274 

STRUCTURES  PROHIBITED, 

certain  structures  in  streets, 
alleys,  etc.,  prohibited. 

Acts,  Sec.  8 95 

on  footways,  limits  of  in  Burnt 
District. 


Ords.,  Art.  35,  Sec.  15. ...1095 

SUBORDINATES, 

assistants,  clerks  and  depu- 
ties— 

{See  ‘ '‘Subordinates.  ’ ’ ) 


appointment  and  removal  of. 

Acts,  Sec.  28 107 

Commissioners  for  Opening 
Streets,  in  office  of. 

Acts,  Sec.  172 190 

Fire  Department,  appointment 
and  compensation. 

Acts,  Sec.  69 137 

Health,  Commissioner  of, 
appointment  and  compensa- 
tion of. 


Water  Board,  appointment 
and  compensation. 

Acts,  Sec.  88 148 

SUBPOENAS, 

renewal  of  by  clerk  of 
Criminal  Court. 

Acts,  Sec.  337 278 

sheriff’s  allowance  for  serv- 
ing. 

Acts,  Sec.  336 277 

when  returnable. 

Acts,  Sec.  335 277 


firemen — 
injury  on  duty. 

Ords.,  Art.  11,  Sec.  13..  740 

matrons — 

{See'‘  '‘Police  Commissioners.''  ’ ) 

SUBWAYS  AND  CONDUITS, 

See  '‘'‘Electrical  Commission 
and  Subways.'' 

Ords.,  Art.  9,  Secs.  1- 
25 718-727 

construction  of — 
inspection  by  City  Engineer. 

Ords.,  Art.  35,  Sec.  10.... 1093 
1094 

telegraph  and  telephone 
wires. 

Acts,  Sec.  6 81 

SUCCESSION  IN  CITY 
OFFICES, 

accounting  for  property. 

Ords.,  Art.  21,  Sec.  3 905 

906 

SUGAR  BROKER, 

license  for. 

Acts,  Sec.  694 424 

SUITS, 

See  '‘'‘City  Solicitor." 

actions  and  proceedings — 
authority  of  City  Solicitor  in 


relation  thereto. 

Acts,  Sec.  66 136 

— Code  not  to  affect  pending 
suits. 

Sec.  1 1229 

— docket  and  duplicate  plead- 
ings to  be  kept  by  clerk 
to  City  Solicitor. 

Acts,  Sec.  65 136 


by  city — 

{See  "City  Solicitor"  and 
“ Water. 

in  Circuit  Courts — 
copies  of  bill  and  pleadings 
in  suit  to  be  filed  on  de- 
fendant and  other  parties 


thereto,  exceptions. 

Acts,  Sec.  327A 275 

power  to  sue  and“be  sued. 

Acts,  Sec.  1 41 


SUMMONS. 


1607  SUPERINTENDENT  OF. 


Page 

SUMMONS, 

appeals  from  assessments  of 
taxes. 

Acts,  Sec.  170 185 


assessments,  increase  in. 

Acts,  Sec.  150 172 


debt  and  damages,  how  to  be 
issued,  by  Justices  of  the 


Peace. 

Acts,  Sec.  626 377 

improper  summons,  penalty. 

Acts,  Sec.  626 376 


SUNDAY. 

See  ‘ ‘ Vehicles.  ’ ’ 


SUNKEN  VESSELS, 

removal  of,  when  in  harbor. 

Ords.,  Art.  13,  Sec.  19..  780 


SUPERANNUATED  POLICE- 
MEN, 

See  "‘Special  Police  Fund." 

SUPERINTENDENT  OF, 
Lamps  and  Lighting, 

See  "Lamps  and  Lighting." 


appointment,  duties. 

Acts,  Sec.  204 208 

— assistants  to. 

Acts,  Sec.  204 208 

— c 1 e r k s and  employes, 
appointment. 

Acts,  Sec.  2Q4 208 

— lamps  in  front  of  engine 
houses  to  be  lighted 
every  night. 

Ords.,  Art.  11,  Sec.  43..  751 
— .salary. 

Acts,  Sec.  204 208 

— subordinates  appointment. 

Acts,  Sec.  204 208 


matrons — 

(^See  "Police  Commissioners" 
and  "Special  Police 
Fund.  ’ ’ ) 

morgue — 

{See  ‘ 'He a It h"  sub-title 
‘ 'Morgue . ” ) 

Ords.,  Art.  14,  Sec.  82....  821 


Page 

SUPERINTENDENT  OF. 

— (Cont’d). 

plumbing — 

to  be  done  by  Inspector  of 
Plumbing. 

Ords.,  Art.  14,  Sec.  132..  837 

Public  Buildings — 

{See  "Public  Buildings."^ 

Ords.,  Art.  28,  Secs.  1- 

6 1004-1006 

— appointment,  assistants, 
clerks. 

Acts,  Sec.  207 209 

— City  Hall,  to  be  under 
charge  of. 

Acts,  Sec.  207 209 

— duties,  salary. 

Acts,  Sec.  207 209 


public  instruction.  Ad- 
visory duties  of.  {See 
' 'Schools. ' ’ ) 

Acts,  Sec.  101 155 

— appointment  and  qualifica- 
tions of. 

Acts,  Sec.  100 153 

— Assistant  Superintendents 
Public  Instruction  — ap- 
pointment and  qualifica- 
tions of. 


Acts,  Sec.  100 153 

— Board  of  Superintendents 
of  Public  Instruction — 
meetings  of. 

Acts,  Sec.  101 153 

— candidates  for  teaching  to 
be  examined  and  graded 
lists  prepared. 

Acts,  Sec.  101 155 


— diplomas  to  graduates  of 
City  College,  signature  of. 

Ords.,  Art.  32,  Sec.  11....1047 
— duties  of  Superintendent 
and  Assistant  Superin- 
tendent. 

Acts,  Sec.  101 154,  155 

— nominations  of  teachers. 

Acts,  Sec.  101 155 

— public  buildings,  charge  of. 

Acts,  Sec.  207 209 

— schools  to  be  visited. 

Acts,  Sec.  154 154 

— school  visitors  to  be  in- 
structed. 

Acts,  Sec.  102 156 

— standing  committees  to  be 
appointed  by. 

Acts,  Sec.  101. 


154 


SUPERIOR  COURT. 


1608  SUPREME  BENCH. 


Page 

SUPERIOR  COURT, 

See  '''Courts — Law  Courts  of 
Baltimore  City.  ’ ’ 

Acts,  Secs.  300-322,  357- 
362,364-§364a-§364b-366, 

370,  372,  373,  374,  379, 

380,  382,  387,  388,  389. 

Pages  §261-273,  282-284, 
285,286,  287,  288,  290, 
292,293,  294. 

powers  of. 

foot-note 262 

SUPERSEDEAS  OF  JUDG- 
MENTS, 

clerks  of  respective  courts 
only,  to  take. 

Acts,  Sec.  647 386 

SUPERVISORS  OF  CITY 
CHARITIES, 

See  ‘ ‘ Charities^  Supervisors  of 
City.  ’ ’ 

examine  patients  at  Bay 
View  Asylum  monthly. 

Ords.,  Art.  16,  Sec.  6 870 

hospitals  having  contracts 
with  city,  inspection  bv. 
Ords.,  Art.  16,  Sec.  ll...  873 

immigrants,  commutation 
money. 


Acts,  ,Sec.  528 335 

— disbursements  of  fines  im- 
posed. 

Acts,  Sec.  529 336 

infants,  homes  for  care  of. 

Acts,  Sec.  §493j 324 


insane  paupers,  care  of  by 
city,  permit  on  certificate 
of  physicians. 

Ords.,  Art.  16,  Sec.  7 871 

opinion  of  in  treatment  of 
city’s  insane  at  hospitals, 
report  to. 

Ords.,  Art.  16,  Sec.  10....  872 

President  Board  of  Chari- 
ties and  Corrections. 

Acts,  Sec.  103 


Page 

SUPERVISORS  OF  ELEC- 
TIONS, 

See  '''Primary  Elections.''' 

additional  compensation  for 
conduct  of  primary  elec- 
tions. 

App.  C,  Sec.  3 1276 

clerical  assistance  for. 

App.  C,  Sec.  3 1276,  1277 


expenses  of  primary  elections; 
payment  of. 

App.  C,  Sec.  3 1277 

supervision  of  supplementary 
registration. 

Acts,  Sec.  17 100 


wards.  (^See  ' 'Legislative  Dis- 
tricts, ’ ’ sub-title  ' ' Wards.  ’ ’ ) 

SUPPLIES, 

contracts  for. 

Acts,  Sec  15 99 

Quarantine  Hospital  supplies. 

Ords.,  Art.  14,  Sec.  175..  856 

schools,  stationery  and  sup- 
plies for — contracts  for. 

Acts,  Sec.  99 152,  153 

stationery  for  city  depart- 
ments. {See  "Librarian."') 

work  and  supplies  for  city — 
memorandum  orders  re- 
quired for. 

Ords.,  Art.  6,  Sec.  33 710 

and  note 708,  709 

SUPREME  BENCH  OF 
BALTIMORE  CITY, 

additional  judges  of. 


Acts,  Sec.  326 274,  275 

and  note 275 

appointment  of  court  ste- 
nographers. 

Acts,  Sec.  380 290 

— apportionment  of  business 
of  city  courts. 

Acts,  Sec.  325 274 


probation  ofiicers  — appoint- 
ment of. 

Acts,  Sec.  886A. 

“ “ 886B. 


156 


561 

562 


SURETIES. 


1609  SWIMMING  IN  HARBOR. 

Page 


See  Bonds. 

for  city. 

indemnification  of. 

Ords.,  Art.  1,  Sec.  1 572 

on  bonds. 

{See  ‘ ‘ Clerks  of  Courts.  ’ ’ ) 

SURFACE  OF  STREETS, 

See  '"Streets  and  City  Engi- 
neer' ’ and  ‘ 'Streets.,  Bridges 
and  Highways.  ’ ’ 

excavations  to  be  filled  in 
compactly,  penalty. 

Ords.,  Art.  35,  Sec.  113, 

1135-1136 

protection  of  from  injury  by 
building  materials,  etc., 
penalty. 

Ords.,  Art.  35,  Sec.  116, 

1137-1138 

replacement  and  restoration 
of  by  City  Engineer. 

Ords.,  Art.  35,  Sec.  115, 

1136-1137 

safety  regulations  for  excava- 
tions or  obstructions  in. 

Ords.,  Art.  35,  Sec.  112, 

1134-1135 

SURRENDER  OF  PRIN- 
CIPAL, 

See  ‘ ‘ Criminal  Court.  ’ ’ 

SURVEYOR, 

bond  of,  conditions  of. 

Ords.,  Art.  37,  Sec.  1-  1148 

Commissioners  for  Opening 
Streets  to  notify  of  survey- 
ing required. 

Ords.,  Art.  37,  Sec.  3,  1149 

compensation  of. 

Acts,  Sec.  205 209 

Ords.,  Art.  37,  Sec.  5, 

1149-1150 

duties  and  compensation 


[of. 

Acts,  Sec.  6 83 

Acts,  Sec.  205 209 


SURVEYOR.— (Cont’d) . 

— in  respect  of  ordinances 
involving  surveying. 

Ords.,  Art.  37,  Sec.  4,  1149 
— performance  of  under 
directions  of  City  Engi- 
neer. 

Ords.,  Art.  37,  Sec.  2,  1148 
election  of. 

Acts,  Sec.  205 208 

inspection  of  records  of,  fee 
for. 

Ords.,  Art.  37,  Sec.  7..  1151 

office  and  records,  preserva- 
tion of  plats,  etc., 

Ords.,  Art.  37,  Sec.  6.... 

1150-1151 

plat  of  city  to  be  legal  evi- 
dence. 

Acts,  Sec.  842 547 

report  semi-annually  to 
Mayor. 

Ords.,  Art.  37,  Sec.  6..  1151 
term  of  office. 

Acts,  Sec.  205 208 

SURVEYS, 

for  sewers — 

City  Engineer  to  make. 

Ords.,  Art.  33,  Sec.  21,  1073 

of  city  and  environs. 

{See  ' ' Topographical  Sur- 
vey. ’ ’ ) 

SUSPECTED  NUISANCES, 

examination  for,  refusal  to 
allow,  penalty. 

Ords.,  Art  14,  Sec.  93....  826 

SWEAT  SHOPS, 

decision  relating  to  cited. 

Note 253 

fire  escapes  to  be  provided, 
penalty. 

Acts,  Sec.  280 252-253 

lightingof  regulated,  penalty. 

Acts,  Sec.  280 252 

SWIMMING  IN  HARBOR, 

penalty  for  indecent  ex- 
posure. 

Ords.,  Art.  13,  Sec.  25....  782 


TAXES. 


SWINE  ETC.,  AT  EARGE.  1610 


SWINE,  ETC.,  AT  LARGEf^^^ 

killing  and  seizure  by  anyone 
lawful,  penalty  for  owner. 

Ords.,  Art.  25,  Sec.  9....  963 

SWINGING  SIGNS, 

See  '‘'Board  of  Estimates^' 
Buildings'^''  and  "‘Burnt 
District.  ’ ’ 

forbidden  in  markets. 

Ords.,  Art.  23,  Sec.  55..  935 

SWITCHES  AND  TURN- 
OUTS, 

cars  on , not  t o obstruct 
streets. 

Ords.,  Art.  30,  Sec.  5-...1017 

repair  by  City  Engineer. 

Ords.,  Art,  35,  Sec.  9.. ..1093 

SYSTEM  OF  ACCOUNTS, 

See  ‘ ‘ City  Register  ’ and 
‘ ‘ Comptroller.  ’ ’ 

adoption  of  by  disbursing 
officials  of  city. 

Ords.,  Art.  6,  Sec.  29....  709 

TABLES  FOR  GAMING, 

penalty  for  keeping. 

Ords.,  Art.  12,  Sec.  3 768 

TAGS, 

license  tags  for  dogs. 

Ords.,  Art.  41,  Sec.  21, 

1202-1203 

TAKING  PROPERTY, 

See  various  heads  relating  to 
condemnation  of  property  for 
public  purposes. 

condemnation  of  property, 
part  only  of  lot  taken,  com- 
pensation for. 

Ords.,  Art.  33,  Sec.  7 1063 

TAMPERING  WITH  SUBWAY 
SYSTEM, 

See  "Electrical  Commission 
and  Subways." 

Ords.,  Art.  9,  Secs.  17- 
18 724 


Page 

TANKS  FOR  GASOLINE, 

See  ‘ 'Fire  Regulations.  ’ ’ 

automobile  storage  stations, 
tanks  in. 

Ords.,  Art.  11,  Sec.  75....  761 

tanks  for  stoves,  requirements 
for. 

Ords.,  Art.  11,  Sec.  77....  763 

TAPPING  SEWERS, 

See  "Sewers." 

permit,  penalty  for  unauthor- 
ized tapping. 

Ords.,  Art.  33,  Sec.  23....1073 

TAXES, 

See  "Appeal  Tax  Court;" 
"Assessment  of  Personal 
Property;''  ’ ‘ 'Assessments;''  ’ 
"City  Collector;" 

' ' City  Register;''  ’ ‘ ‘ Comp- 
troller;" "Paving  Tax;" 

' 'Personal  Pr  operty  ;" 
"State  Taxes"  and  "Col- 
lector of  State  Taxes.  ’ ’ 

Ords.,  Art.  35,  Secs.  22- 

25 1098-1099 

abatements  to  encourage  manu- 
factures. 

Acts,  Sec.  6 85 

accounts  of  taxes  and  money 
chargeable  against  City  Col- 
lector. 

Ords.,  Art.  38,  Sec.  25....1165 

annual  levy  of  direct  tax. 

Acts,  Sec.  6 83 

— -when  to  be  made. 

Acts,  Sec.  40 120 

annex,  taxation  in,  county 
rate  to  apply  until  1900. 

Acts,  Sec.  4 43 

— increase  of  tax  rate,  when. 

Acts,  Sec.  4 43 

— rate  of. 

Acts,  Sec.  4 43 

appeals,  assessments,  correc- 
tions. 

Acts,  Sec.  147 171 

— from  tax  for  grading,  etc. 

Acts,  Sec.  6 77-78 


TAXKS. 


TAXKS. 


Page 


1611 


Page 

TAXES.-(Cont’d). 
assessments  — and  abate- 
ments. 

Ords.,  Art.  38,  Secs.  4-14 

1156-1161 

(^See  ''^Appeal  Tax  Court,' 

— procedure  before  increas- 
ing. 

Acts,  Sec.  150 172 


assessors. 

(See  '''‘Appeal  Tax  Court  A') 

— compensation  of. 

Acts,  Sec.  149 172 

— to  discover  and  assess  prop- 
erty. 

Acts,  Sec.  148 171 

barred  by  limitations  after  four 
years,  penalty  for  attempt 
to  collect  after  four  years. 

Acts,  Sec.  843  547 


basis  for  taxation — 
report  by  Board  of  Estimates 
to  City  Council. 

Acts,  Sec.  40 120 

— statement  of  Appeal  Tax 
Court  showing  taxable 
basis  to  be  prepared  an- 
nually. 

Acts,  Sec.  171 188-189 


bills  for. 

City  Collector  to  prepare. 

{See  '''‘City  Collector."^ 

Acts,  Sec.  42 122 

— collection  of,  by  successive 
collectors. 

Acts,  vSec.  51A 128 

— mailing  of,  to  taxpayers. 

Acts,  Sec.  51 128 

— penalty  for  delinquency 

added. 

Acts,  Sec.  51 128 

— service  of  bills  on  owners  in 
arrear. 

Acts,  Sec.  43 123 

— surveyor’s  fees  to  be  added 
to. 

Acts,  Sec.  43 123 

certificates  of  City  Collector 
and  collector  of  State  Taxes 
to  be  prima  facie  evidence 
of  taxes  due. 

Acts,  Sec.  58A. 


TAXES.-(Cont’d). 
cleaning  docks,  etc. , tax  for, 
private  wharves  and  docks. 

{See  '''Health"  and  "Streets 
and  City  Enghteer."') 

Ords.,  Art.  35,  Sec.  84....1122 


Code  not  to  affect  such  as 
levied  at  adoption. 

Sec.  1 1229 

Collector  of  State  Taxes. 

Acts.  Secs.  52-58A 129-131 

collection  of  taxes. 

Acts,  Sec.  6 86 

correction  and  revision  of  as- 
sessments. 

Acts,  Sec.  148 172 

damages  assessed  not  to  be 


paid  until  taxes  are  paid. 

Ords.,  Art.  38,  Sec.  33....1168 

decisions  relating  to. 

Acts,  Sec.  6 and  note....  84 

deposit  of  monies  for,  by  City 
Collector. 

Ords.,  Art.  38,  Sec.  26....1165 

errors  in  assessments;  refund- 
ing taxes. 

Ords.,  Art.  38,  Sec.  5, 

1156-1157 

exemption  from  taxation. 

Acts,  Sec.  6 84 

fines  and  penalties,  recovery 
and  accounting  of. 

Ords.,  Art.  38,  Sec.  39....1170 


general  powers  of  city. 

Acts,  Sec.  6 83 

grading  and  paving — assess- 
ments. 

Acts,  Sec.  6 77 

— tax  for,  collection  of. 


{See  "City  Collector"  and 
"Streets  and  City  Engi- 
neer. ’ ’ ) 

Ords.,  Art.  35,  Sec.  76.. ..1120 

— levy  for  unpaid  assessments. 

Acts,  Sec.  6 77 

— notice  of  levy. 

Ords.,  Art.  35,  Sec.  76 

1120 

interest  on  taxes  in  arrears. 

Acts,  Sec.  40 


.131-132 


121 


TAXES. 


TAXES. 


Page 


1612 


Page 

TAXES.— (Cont’d). 

Jones’  Falls  improvements. 

Acts,  Sec.  6 58,59 

levy  for  city’s  share  of  cost  of 
sewers  and  to  pay  interest 
on  sewer  loans. 

Acts,  Sec.  823 506 

limitations  for — 

collection  cannot  be 
entorced  by  law  after  lapse 
of  four  years. 


Acts,  Sec.  843 547 

— penalty  for  attempt  to  col- 
lect after  four  years. 

Acts,  Sec.  843 547 

limits  of  direct  taxation. 

Acts,  Sec.  6 86 


manufacturing  tools,  etc.,  ex- 
emption of  from. 

Ords.,  Art.  38,  Secs.  7-9 

1157-1159 

new  improvements,  assess- 
ment of. 

Ords.,  Art.  38,  Sec.  10.. ..1159 

notice  before  levy  of  grading 
or  paving  tax. 

Acts,  Sec.  6 77 

— to  owners  before  increasing 
assessments  of  property. 

Acts,  Sec.  150 172 

ordinances  authorizing  levy 
of. 

Acts,  Sec.  6 83 

— authorizing  abatements. 

Acts,  Sec.  6 85 

permits — for  building  not  to 
issue  until  paid. 

Acts,  Sec.  §280a 253 

— to  erect  buildings,  penalty. 

Ords.,  Art.  38,  Sec.  17..1161 
1162 

Sec.  19 1162 

police — levy  for  expenses  of 
department  of. 

{See  '''Police  Commis- 
sioners, ’ ’ ) 

Pratt  Free  Eibrary,  property 
of,  exempt. 

Acts,  Sec.  790 488 

property — bought  by  city  at 

^"^Ord^i  Art.  38,  Sec.  37..1169 


TAXES.— (Cont’d). 

— taxable. 

Acts,  Sec.  6 83 

Acts,  Sec.  157 178 

— taxation  of,  escaped,  missed, 
new  and  omitted  prop- 
erty, assessable  and  tax- 
able. 

Acts,  Sec.  171 188 

rate  and  annual  levy. 

{See'  'Board  of  Estimates.  ’ ’ ) 

Acts,  Sec.  40 120 

— annual  levy  by  ordinance. 

Acts,  Sec.  40 120 

— cases  cited. 

Acts,  Sec.  40 121 

— damages  in  opening,  etc., 
streets,  provision  for. 

Acts,  Sec.  175 191 


refunding  taxes  paid  in  error. 

Ords.,  Art.  38,  Sec.  5....1156 
1157 

Sales, 

{See  "City  Collector."') 

— advertised  notice,  contents 
of. 

Acts,  Sec.  43 123 

— application  of  proceeds  of 
resale. 

Acts,  Sec.  48 126 

— cases  cited. 

Acts,  Secs.  43-48 123-127 

— change  in  office  of  City 
Collector  pending  sales. 

Acts,  Secs.  §45a,§45b 124 

— chattels — proceeds  from 

sale  of,  how  applied. 

Acts,  Sec.  50 127 

— sale  of. 

Acts,  Sec.  49 127 

— Comptroller  to  bid  for  city, 
duties  of  Comptroller. 

Ords.,  Art.  6,  Sec.  9 701 

— costs,  purchaser  to  pay. 


Acts,  Sec.  44 123 

— disposition  of  purchase 

money. 

Acts,  Sec.  45 124 

— leasehold  property,  sales  of. 

Acts,  Sec.  §47a 125 

— notice,  publication  of. 

Acts,  Sec.  42 122 

— of  property  to  pay. 


Ords.,  Art.  38,  Sec.  37....1169 
— of  unredeemed  property 
sold  for,  proceeds  of  such 
sale. 

Ords.,  Art.  6,  Sec.  11....  702 


TAXES. 


TKIyEGRAPHKRS. 


Page 


1613 

TAXES.— (Cont’d). 


Page 

TAXES.— (Cont’d). 

Sales.  — (Cont’d). 

— of  property  bought  by  city 
at  tax  sales,  proceeds  of 
such  sales. 

Ords.,  Art.  6,  Sec.  10....  701 
— purchase  money,  payment 


of. 

Acts,  Sec.  44 123 

— ratification  by  Circuit  Court, 
advertisement  of. 

Acts,  Sec.  48 126 

— by  Circuit  Court. 

Acts,  Sec.  48 126 

— redemption  of  property  sold 
by  owner. 

Acts,  Sec.  47 125 

- -report  of,  to  Circuit  Court. 

Acts,  Sec.  48 126 


— resale  of  unredeemed  prop- 


erty bought  by  city  at 
tax  sales. 

Ords.,  Art.  6,  Secs.  1 fi- 
ll  701-702 

— procedure  in. 

Acts,  Sec.  48 126 

— sales  set  aside,  when. 

Acts,  Sec.  48 126 

— surplus  from,  disposition 
of. 

Acts,  Sec.  46 124 

— when  purchase  money  is 
payable. 

Acts,  Sec.  44 123-124 

school  tax. 

Acts,  Sec.  6 67 


schools,  children  of  non- 
resident tax-pavers  in. 

Ords.,  Art.  32,  Sec.  34....1055 

separation  of  taxes  on  real 
and  personal  property. 

Ords.,  Art.  38,  Sec.  27..1166 

set-off  allowed  corporations 
in  payment  of. 

note 173 

Starr  M.  P.  Church  of  Balti- 
more City  exempt,  certain 
property  of. 

note 547 

stock  debt  of  city  not  to  be 
taxed. 

Ords.,  Art.  38,  Sec.  12....1160 

suspended;  account  of. 

Ords.,  Art.  38,  Sec.  4....1156 


tax  bailiffs,  percentage  of. 

Ords.,  Art.  38,  Sec.  24..1165 

taxpayers,  list  of — prepara- 
tion of. 

Acts,  Sec.  171 188-189 

transfers  of  property  assessed. 

Ords.,  Art.  38,  Sec.  6 1157 

water  used  by  city,  levy  for 
payment  of. 

Ords.,  Art.  41,  Sec.  67. ...1221 
wharf  taxes,  imposed;  collec- 


tion of. 

Acts,  Sec.  6 52 

when  due  and  payable. 

Acts,  Sec.  40 121 

TEACHERS, 

See  ''Schools." 

Acts,  Sec.  99 152 

exposed  to  contagion. 


absence  from  duty  required, 
penalty. 

Ords.,  Art.  32,  Sec.  38....1057 

for  parental  schools, 
employment  of. 

Ords.,  Art.  32,  Sec.  25. .1052 

graded  list  of  eligibles  for  ap- 


pointment as. 

Acts,  Sec.  99... 152 

nominations  for. 

Acts,  Sec.  101 155 


TELEGRAPH, 

fire  alarm — 

superintendent  of,  duties, 
qualifications,  appointment, 
bond. 


W1U.&,,  ±Xy  occa. 

25,  28  745-6 

line  to  House  of  Correction; 
city  to  maintain. 

Acts,  Sec.  782 484 


TELEGRAPHERS, 

fire  alarm,  appointment,  du- 
ties, bond. . 

Ords.,  Art.  11,  Secs. 

26,  29 746-7 


TElyEGRAPH,  ETC. 


TERM  OF. 


1614 


Page 

TELEGRAPH,  TELEPHONE 
AND  ELECTRIC  LIGHT 
POLES, 

See  ‘ 'Permits'  ’ and  ‘ 'Poles  and 
Wires.  ’ ’ 

injury  to,  penalty. 

Ords.,  Art.  11,  Sec.  31.747-8 

permits  for  planting. 

Ords.,  Art.  35,  Secs.  105, 

106 1132-1133 

TELEPHONE  OPERATORS, 

appointment  of, 

Ords.,  Art.  11,  Sec.  44..  752 

TEMPORARY, 

footways  for  passengers — 
owners  to  provide  same 
when  repairing  sidewalk; 
penalty. 

Ords.,  Art.  35,  Secs.  37, 


38 1104 

loans — City  Council  not  to 
authorize. 

Acts,  Sec.  36  116 


school  buildings — erection  of. 
Ords.,  Art.  32,  Secs.  4-6 

1044-5 

TENANTS  FOR  YEARS  OR 
LESS  OR  AT  WILL, 

See  "Landlord  and  Tenant;" 

' ' Opening^  Closin g , etc. , 
Streets"  and  "Streets, 
Bridges  and  Highways.  ’ ’ 

Acts,  Secs.  844-864... .548-553 

TENANTS  IN  COMMON, 

interests  of. 

Acts,  Sec.  831 524 

TENEMENT  AND  LODG- 
ING HOUSES, 

See  "Buildings"  sub-title 
' 'Sanitary  and  Hygienic 
Regulations' ' and' ' Health. ' ' 


authority  of  city  to  regulate. 

Acts,  Sec.  507 325 

basement  or  cellar  defined. 

Acts,  Sec.  508 325 


cleanliness  of,  required. 

Ords.,  Art.  14,  Sec.  105..  829 


Page 

TENEMENT  AND  LODGING 
HOUSES.— (Cont’d). 


construction  and  use. 

Acts,  Sec.  507 325 

free  lodgings. 

Acts,  Sec.  508 325 

health  of  inmates. 

Acts,  Sec.  508 325 

lodging  house  defined. 

Acts,  Sec.  508 325 

provisions  for;  penalty  for 
violation. 

Ords.,  Art.  14,  Secs. 
105,106 829 


registration  of  required. 

Ords.,  Art.  14,  Sec.  105  . 829 

regulation  of  construction, 
use  and  management. 


Acts,  Sec.  6 53 

tenement  houses  defined. 

Acts,  Sec.  508 325 


violation  of  provisions;  pen- 
alty. 

Ords.,  Art.  14,  Sec.  106  829 

TENURE  OF  OFFICE, 


members  of  police  force. 

Acts,  Sec.  745 458 

municipal  officials  to  hold 
office  until  successors  ap- 
pointed. 

Acts,  Sec.  27 107 


TERM  OF, 

licenses. 

carriage,  etc.,  licenses. 

Ords.,  Art.  41,  Sec.  77..1224 


office — 

coroners. 

Acts,  Sec.  294 258 

— decisions  relating  to. 

note 106 

— Mayor. 

Acts,  Sec.  20 101 

— municipal  officials. 

Acts,  Sec.  25........ 105 


— Sewerage  Commission. 
Acts,  Sec.  §824a, 


507 


TERM  OF. 


TIMBER. 


1615 


Page 

TERM  OF— (Cont’d). 
courts. 

Acts,  Sec.  302 261-262 

— of  Criminal  Court. 

Acts,  Sec.  328 275 

franchises  and  grants. 

{See  Frandiises.'^') 

Acts,  Sec.  9 96 

TEST  BOOK, 

city  officials  to  sign. 

Acts,  Sec.  25 106 


TESTING, 

apparatus  for  gas  meters. 
Superintendent  of  Eamps 
and  Lighting  to  purchase. 

Ords.,  Art.  20,  Sec.  7 895 

gas  and  oils. 

methods  of  testing;  Taglia- 
bue’s  tester,  report  of  tests. 
Ords.,  Art.  20,  Sec.  25..  902 

proving  gas  meters. 

Superintendent  of  Lamps 
and  Lighting  to,  on  request 
of  consumer,  fee. 

Ords.,  Art.  20,  Sec.  8....  895 

TESTS  OF  GAS, 

location  of  apparatus  for. 

Ords.,  Art.  20,  Sec.  26..  902 

TEXT-BOOKS, 

{See'  'School  Commissioners.  ’ ’ ) 


Acts,  Sec.  99  153 

contracts  for. 

Acts,  Sec.  99 153 

on  civil  government — 

to  be  used  in  public  schools. 
Acts,  Sec.  §816a,  503 


THEATRES, 

performances  in — 

annual  license;  cost  of. 

Ords.,  Art.  41,  Sec.  9....1198 

THEATRE  TICKETS, 

sale  on  streets  unlawful,  pen- 
alty. 

Ords.,  Art.  25,  Sec.  93..  989 


Page 

THEATRICAL  AND  OTHER 
PUBLIC  AMUSEMENTS, 

licenses  and  regulations  for. 

Acts,  Sec.  6 86 

exhibitions  and  plays; 
blasphemous  or  indecent, 
unlawful,  penalty. 

Ords.,  Art.  25,  Sec.  101..  992 

performances — licenses  for. 

Ords.,  Art.  41,  Sec.  7 

1197-1198 

posters — 

consent  of  property  owners 
required. 

Ords.,  Art.  25,  Sec.  106..  993 
— defacing  or  posting  over, 
prohibited;  penalty;  pro- 
viso. 

Ords.,  Art.  25,  Secs. 

105-6 993 

THICKNESS  OF  WALLS, 

See  "Buildings^''  sub-title^ 
"Walls  of 

THIEVES  AND  PICKPOCK- 
ETS, 

arrest  of,  at  depots  and  pub- 
lic places;  duty  of  police; 
penalty;  when  to  be  deemed 
common  thieves;  duty  of 
justice  in  such  arrests;  pen- 
alty on  conviction. 

Acts,  Sec.  783  484-485 

— on  premises  of  railroads 
and  on  ferry  boats;  proof 
and  penalty. 

Acts,  Sec.  784 485-486 

bail  or  commitment  of. 

Acts,  Secs.  783,  784....485,486 

THIRTY  DAY  RULE, 

definition  of. 

Acts,  Sec.  318 271 

THROWING  STONES  IN 
STREETS, 

penalty  for. 

Ords.,  Art.  25,  Sec.  87..  987 

TIMBER, 

tax  on  lumber  floated  to  port. 
Acts,  Sec.  6 


52 


TIME. 


1616 

Page 


topographicae  survey. 


Page 

TOPOGRAPHICAL  SURVEY, 


TIME, 

See  '‘'‘Standard  Timed' 

TIN  PLATES  FOR  POLES, 

See’^ji  ‘ '‘Licenses.  ’ ’ 

provisions  relating  to;  dies 
for, 

Ords.,  Art.  41,  Sec.  40.. 1211 

TITLE, 

See  "‘City  Solicitor." 

examinations, 

Ords.,  Art.  5,  Secs.  1-3.... 

695,  696 

papers  — water  property; 
Water  Board  to  keep  and 
record. 

Ords.,  Art.  40,  Sec.  2 1173 


to  city  property — Comptroller 
custodian  of  papers  of. 

Ords.,  Art.  6,  Sec.  4 699 

— when  acquired  by  Burnt 
District  Commission. 

App.  A,  Sec.  24 1252 

— when  acquired  for  water, 
etc.. 

Acts,  Sec.  6 90 

to  franchises — inalienable  by 
city. 

Acts,  Sec.  6 94 


to  land  for  station  houses. 

See  ( ‘ 'Police  Commission- 
ers."^ 

to  office — decisions  relating 
to. 

note  106 

TOBACCO  INSPECTOR, 

wood  on  State  wharves,  fees 
and  charges  for,  disposition 


of. 

Acts,  Sec.  479 317 

— permission  to  land. 

Acts,  Sec.  478 317 


TON,  STANDARD, 

coal,  sale  of,  penalty  for  short 
weight. 

Ords.,  Art.  17,  Sec.  31....  885 


annex — effect  of  plan  and 
maps  on  ownership  o f 
streets  in. 

Ords.,  Art.  39,  Sec.  7 1174 

— map  of  streets  in. 

Ords.,  Art.  39,  Sec.  6 1173 

— numbering  houses  in. 

Ords.,  Art.  39,  Secs.  8-11 

1174 

— plan  of  streets  in  adopted. 

Ords.,  Art.  39,  Sec.  5 1173 

Board  of  Commissioners  on  ; 
members  of. 

Ords.,  Art.  39,  Sec.  3 1173 

Chief  Engineer  of,  appoint- 
ment of  and  duties. 

Ords.,  Art.  39,  Sec.  4 1173 

composition  of. 

Acts,  Sec.  840 529 

effect  on  dedicated  streets  in 
annex. 

Ords.,  Art.  35,  Sec.  19....1097 

geodetic  and  topographical 
surveys  of  city  to  be  made. 

Ords.,  Art.  39,  Sec.  1 

1171-1172 

limits  of  beyond  city  limits. 

Ords.,  Art.  39,  Sec.  1 1172 

maps  of  city  to  be  prepared. 

Ords.,  Art.  39,  Sec.  1 

1171,  1172 

numbering  houses  in  annex — 
correction  of  errors  in  by 
Inspector  of  Buildings. 

Ords.,  Art.  39,  Sec.  11....1174 
—decimal  system  to  be  em- 
ployed. 

Ords.,  Art.  39,  Sec.  8 1174 

— numbering  in  violation  of 
system  prohibited. 

Ords.,  Art.  39,  Sec.  9 1174 

— penalty  for  violating  pro- 
visions relating  to. 

Ords.,  Art.  39,  Sec.  10...1174 

plats  from  surveys  to  be  made 
and  bound;  data  to  be  given . 

Ords.,  Art.  39,  Sec.  2 1172 

surveys  of  city  and  its  envi- 
rons. 

Ords.,  Art.  39,  Sec.  1 

1171,  1172 


TOY  PISTOLS. 


1617  TRANSFERS  OF  ASSESSMENTS. 


Page 

TOY  PISTOLS, 

firing  or  discharging  in  city, 
penally. 

Ords.,  Art.  25,  Sec.  85....  987 

selling  or  giving  away  unlaw- 
ful, penalty. 

Ords.,  Art.  25,  Sec.  84....  987 

TRACKS  AND  SWITCHES, 

See  "'Railroads  and  Rail- 
zvays." 

Ords.,  Art.  30,  Secs.  11- 
12 1019 

prohibited  on  certain  streets. 

{^See  "Prohibiting  Tracks  on 
Certain  Streets.") 

railroad — 

{See  ‘ "Railroads  and  R ail- 
zvays.") 

TRAILERS  OF  STREET 
CARS, 

guards  to  be  provided  on, pen- 
alty. 

Ords.,  Art.  30,  Secs.  43- 
44 1030 

TRANSCRIPTS  OF  BIRTHS 
AND  DEATHS, 

See  " "Health,  ” sub-title 
""Births  and  Deaths." 

Commissioner  of  Health  to 
issue ; charges  for. 

Ords.,  Art.  14.  Sec.  190..  863 

TRANSFERS, 

of  city  stock — fractional  cer- 
tificates ; transfer  books. 

Ords.,  Art.  34,  Secs.  2,  4, 

1077-8 

of  property  assessed. 

Ords.,  Art.  38,  Sec.  6 1157 

on  street  railways. 

{See  ""Railroads  and  Rail- 
zjuays.") 

TRAPEZE  PERFORMERS, 

protecting  net  for,  penalty. 

Ords.,  Art.  25,  Secs.  103, 

104 992-3 


Page 

TRANSPARENCIES, 

carrying  in  parades,  prohibit- 
ed, proviso,  penalty. 

Ords.,  Art.  25,  Sec.  108..  994 

TRANSPORTATION, 

and  storage  of  explosives — 
permit  for,  penalty. 

Ords.,  Art.  11,  Sec.  70....  759 

of  de^  d bodies — carriers  ; du- 
ties of. 

Ords.,  Art.  14,  Sec.  187..  861 

TRAVELING  EXPENSES  OF 
LAW, 

Department. 

Acts,  Sec.  67 136 

TREASURER  OF, 

Police  Commissioners. 

{See  " "Police  Commission- 
ers.") 

Special  Police  Fund. 

{See  ""Special  Police  Fund.") 

TREES, 

note 994 

tree  boxes — injury  or  destruc- 
tion of. 

Ords.,  Art.  25,  Sec.  107..  994 
TRENCHES, 
repair  of. 

Ords.  Art.  35,  Sec.  Ill,  1134 

drains,  gutters,  etc. 
permits  for  digging. 

Ords.,  Art.  35,  Sec.  108  1133 

TRESPASSING  ON  GRASS 
OR  SHRUBBERY, 

Washington  Monument, 
squares  around,  penalty, 
police  regulations. 

Ords.,  Art.  25,  Sec.  60....  977 

TRUANT  CHILDREN, 

school  for. 

Ords.,  Art.  32,  Secs.  23- 
27 1051-1052 

TRANSFERS  OF  ASSESS- 
MENTS, 

alienee  of  property  to  be 
assessed. 

Act.,  Sec.  166. 


183 


TRAVERSER  S ATTORNEY.  1618  TUITION  IN  SCHOOLS. 


Page 

TRAVERSER’S  ATTORNEY, 

See  '‘'‘Criminal  Court.'''' 

TRIAL, 

of  appeals. 

appeals  from  assessments 


for  taxes. 

Acts,  Sec.  170 185 

of  suits. 

Acts,  Sec.  310 265 

or  judgment. 

when  suits  shall  stand  for. 
Acts,  Sec.  310 265 

TRIALS, 

assault  and  battery,  cases  of. 

Acts,  Sec,  231 231 

before  Justices  of  the  Peace. 
i^See  ‘ 'Justices  oj  the  Peace.  ’ ’ ) 
decisions  in  relation  to  cited. 

note 380 


TROLLEY-BRAKES  ON 
CARS, 

interference  with,  penalty. 

Ords.,Art.  30,  Sec.  38. ...1028 

TROLLEY-POLES  AND 
WIRES, 

See  "Poles  a7td  JVires." 

TRUST— 


clerk;  salary  of. 

Acts,  Sec.  371 287 

funds — 

city  may  receive. 

Acts,  Sec.  2 42 


TRUSTEES, 

See  ' ' Mortgages . ” 

Enoch  Pratt  Free  Library. 

{See  " Pratt  Free  Library 

McDonogh  Educational 
Fund  and  Institute, 
list  of  original. 

Ords.,  Art.  22,  Sec.  1....  908 

special  police  fund. 

{See  ‘ 'Special  Police  Fund.  ’ ’ ) 

TUBERCULIN  TEST, 

cows  to  be  submitted  to. 

Ords.,  Art.  14,  Sec.  52....  811 


Page 

TUBERCULOSIS, 

See  " Communicable  D is - 
eases''  and  "Health.''' 

investigation  of  cases  of. 

Ords.,  Art.  14,  Sec.  32..  806 

registration  of  sufferers  from. 

Ords.,  Art.  14,  Sec.  32....  806 

tuberculin  test  for  cows. 

Ords.,  Art.  14,  Sec.  52..  811 

TURNOUTS  AND  SWITCES, 

cars  on,  not  to  obstruct 
streets. 

Ords.,  Art.  30,  Sec.  5..  1017 

TURNPIKE  ROADS, 

agreements  with  owners  to 
purchase  or  maintain. 


Acts,  Sec.  6 82 

city  may  purchase. 

Acts,  Sec.  6 82 


TURNPIKES, 

companies  may  cede  such 
roads  lying  within  city 
limits,  status  of  such  roads. 

Acts,  Sec.  835 526-527 

ceded  to  city. 

{See  "Streets,  Bridges  and 
Highways,  Grades  of 
Streets.'"^ 

in  annex. 

— Annexation  Acts,  effect  of 


on. 

Acts,  Sec.  5 45 

— city  may  purchase  or  con- 
demn. 

Acts,  Sec.  5 45 


TURPENTINE  DISTILLER- 
IES, 

operation  of  prohibited,  pen- 
alty. 

Ords.,  Art.  14,  Sec.  69..  818 

TUITION  IN  SCHOOLS, 

See  " Schools." 

Ords.,  Art.  32,  Secs.  32- 
34 1054-1056 


UNCLAIMED  FUNDS. 


UNITED  RAILWAYS. 


1619 


Page 

UNCLAIMED  FUNDS  OR 
MONIES, 

of  intestates’  estates. 

(See  '"''Schools.''^ 

UNDERTAKERS, 

See  Health. 

Ords.,  Art.  14,  Sec.  181 

858-859 

UNEMPLOYED  VEHICLES 
IN  STREETS, 

See  "'‘Vehicles.''' 

UNEXPENDED  APPROPRI- 
ATIONS TO  POLICE 
BOARD, 

See  ‘ '‘Special  Police  Fund.  ’ ’ 

UNIFORM  OF  FIREMEN, 

penalty  for  unauthorized  use 
of. 

Ords.,  Art.  11,  Sec.  53..  754 

UNION  DEPOT, 

stand  for  carriages,  etc.,  at. 

Ords.,  Art.  4,  Sec.  40....  694 

UNITED  RAILWAYS  AND 
ELECTRIC  CO. 

contract  with,  for  removal 
of  street  dirt  and  garbage. 
Acts,  Sec.  §841u..545-546-547 

easements  in  annex,  city  may 


acquire. 

Acts,  Sec.  §800a,... 494 

fares  chargeable  by. 

Acts,  Sec.  796 491 


franchises  in  annex,  grant  of 
by  city  to  said  railway  com- 
pany; when  grant  may  be 


perpetual. 

Acts,  Sec.  §800a, 495 

transfers  to  be  issued  by, 
when. 

Acts,  Sec.  796 491 


Constituent  Companies, 

See  "Railroads  and  Railways.'’' 

table  or  tree  showing  consoli- 
dations by  which  this  Com- 
pany was  eventually 
created. 

App.  D 1279-1288 


Page 

UNITED  RAILWAYS  AND 

ELECTRIC  CO.— (Cont’d). 

Constituent  Companies. 

— Cont’d). 

Baltimore  and  Curtis  Bay  Rail- 
way Company.... 1280,  1282,  1286 

Baltimore  and  Hall’s  Springs 
Railway  Company 1036,1281 

Baltimore  and  Hampden  Pas- 
senger Railway  Company.. .1283 

Baltimore  and  Harford  Turn- 
pike Company 1036,1281,1288 

Baltimore  and  Jerusalem  Turn- 
pike Company 1281 , 1288 

Baltimore  and  Loreley  Rail- 
road Company 1284 

Baltimore  and  Northern  Elec- 
tric Railwav  Companv, 

1036,1279,1281 

Baltimore  and  Powhatan  Rail- 
way Company  1036,1286 

Baltimore  and  Pikesville  Rail- 
road Company 1282 

Baltimore  and  Reisterstown 
Turnpike  Road 1282 

Baltimore  and  Washington, 
Turnpike  Company 1286 

Baltimore  and  Yorktown  Rail- 
way Company 1036,1284 

Baltimore,  Calverton  and  Pow- 
hatan Railway  Company 1286 

Baltimore,  Catonsville  and 
Ellicott  Mills  Passenger 
Railway  Company, 

1036,1280,1283,1285 

Baltimore  City  Passenger 

Railway  Company 1037,1279, 

1281 

Baltimore  Consolidated  Rail- 
way Company 1037,1280,1282 

Baltimore,  Gardensville  and 
Belair  Electric  Railway 
Company 1280,1281,1284 

Baltimore,  Hampden  and  Lake 
Roland  Electric  Railway 
Company 1284 


UNITED  RAILWAYS. 


1620  UNITED  RAILWAYS. 


Page 

UNITED  RAILWAYS  AND 
ELECTRIC  CO.— (Cont’d). 
Constituent  Companies. 

— (Cont’d). 

Baltimore,  Middle  River  and 
Sparrows  Point  Railroad 
Company 1288 

Baltimore,  Peabody  Heights 
and  Waverly  Railroad  Com- 
pany  1037,1282 

Baltimore,  Pimlico  and  Pikes- 

ville  Railroad  Company 1037 

1287 

Baltimore,  South  Baltimore 
and  Curtis  Bay  Railroad 
Company 1286 

Baltimore  Traction  Company, 
1037,1280,1282,1286,1287 

Baltimore  Union  Passenger 

Railwa}^  Company 1038,1283 

1284 

Central  Railway  Company, 

1038,1280,1281,1284 

Charles  Street  Avenue  Com- 
pany   1288 

Citizens’  Railway  Company.. ..1038 
1283 

City  and  Suburban  Railway 
Company  ....1038,1280,1283^284 

City  Park  Railway  Company..! 039 
1281 

Columbia  and  Maryland  Rail- 
w'ay  Company 1038,1285 

Dundalk,  Sparrows  Point  and 
North  Point  Railway  Com- 
pany   1288 

Edmondson  Avenue,  Catons- 
ville  and  Ellicott  City  Pas- 
senger Railway  Company.... 1038 
1285 

Electric  Light  and  Railway 
Company 1281 

Falls  Road  Electric  Railway 
Company 1039,1282 

Franklin  and  Powhatan  Pas- 
senger Railway  Company.. ..1286 

Garrison  Avenue  Railway' 
Company 1287 


UNITED  RAILWAYS  AND 
ELECTRIC  CO.— (Cont’d). 
Constituent  Companies. 

— (Cont’d). 

Gwynn’s  Falls  Railway  Com- 
pany of  Baltimore  City, 

1280,1286,1287 

Gwynn’s  Falls  Railway  Com- 
pany of  Baltimore  County.. 1287 

Highlandtown  and  Point 
Breeze  Railway  Company. 

1039,  1283 

Hookstown  and  Pimlico 
Branch  of  B.  C.  and  P. 

R.  R.  Co 1286 

Lake  Roland  Elevated  Rail- 
way Company 1280,1284 

Lake  Roland  Extension  Rail- 
way Company 1284 

Maryland  Traction  Company, 

1280,1282,1285 

Monumental  City  Railway 
Company 1283 

Monumental  Passenger  Rail- 
way Company  of  Baltimore 
County 1039, 1283 

North  Avenue  Railway  Com- 
pan}7 1039,1284 

North  Baltimore  Passenger 
Railway  Company 1039,1282 

People’s  Passenger  Railway 
Company 1039,1283 

People’s  Railway  Company.. ..1039 
1283 

Pikesville  and  ReisterstoMm 
Turnpike  Company 1282 

Pikesville,  Reisterstown  and 
Emory  Grove  Railroad  Com- 
pany   1282 

Pimlico  and  Pikesville  Rail- 
road Company 1280,1282,1287 

President,  Managers  and  Com- 
pany of  the  Baltimore  and 
Yorktown  Turnpike  Com- 
pany  1288 

Randallstown  Branch  of  B.  C. 
and  P.  R.  R.  Co 1286 


UNITED  RAILWAYS. 


VACANCIES. 


1621 

UNPAVED  STREETS. 


Page 


Page 

UNITED  RAILWAYS  AND 

ELECTRIC  CO  — (Cont’d). 

Constituent  Companies. 

— (Coiit’d). 

Shore  Line  Electric  Railway 
Company 1280,1282,1287 

Towson  Railway  Compaii}'^ 1281 

United  Railway  and  Electric 
Company 1279,1281 

Walbrook  and  Gwynn’s  Falls 
Railway  Company  of  Balti- 
more City 1286 

Walbrook,  Gwynn  Oak  and 
Powhatan  Railroad  Com- 
pany  1280,1282,1287 

Washington  and  Maryland 
Railway  Company 1285 

UNITED  STATES. 

claims  of  city  against  ; pros- 
secution  of  by  Mayor  ; com- 
pensation of  attorneys. 

Ords.,  Art.  1,  Sec.  5 573 

UNITED  STATES  MAIL. 

footway  regulations  not  to  ap- 
ply to. 

Ords.,  Art.  35,  Sec.  15....1095 

UNITED  WOMEN  OF  MARY- 
LAND. 

See"' Childf'en' s Playgrounds''  ’ 

UNIVERSITY  DEGREES. 

See  ''Jokfis  Hopkins  Univer- 
sity. ’ ’ 

UNLICENSED  DOGS. 

See  '"Dogs"  and  Licenses ^ 

provisions  relating  to  destruc- 
tion of. 

Ords.,  Art.  41,  vSec.  24.... 

1204,  1205 

UNOCCUPIED. 

or  vacant  houses — security  of, 
penalty  for  owner. 

Ords.,  Art.  11,  Sec.  41....  751 

property — assessment  of. 

Acts,  Sec.  164A 


removal  of  dirt  from  ; permit 
required  ; penaltv. 

Ords.,  Art.  35,'  Sec.  104..  1131 

UNSAFE  AND  CONDEMNED 
BUILDINGS. 

See  ''Inspector  of  Buildhigs.'" 

UNSOUND, 

food  and  food  products — con- 
demned foods — removal  or 
secretion  of  unlawful. 

(^See  "Health.'"') 

Ords.,  Art.  14,  Sec.  58....  813 
— sale,  etc.,  prohibited. 

Ords.,  Art.  14,  Sec.  57....  813 

provisions— clerks  of  markets 


to  prevent  sale  of. 

Ords.,  Art.  23,  Sec.  3 919 

USE  OF  STREETS, 

decisions  in  relation  to. 

foot-note 78 

regulated. 

Acts,  Sec.  6 78 

VACANT, 


lots — manure  and  nuisances 
bn  ; penalty. 

Ords.,  Art.  14,  Sec.  96... 

826,  827 

stalls— clerks  of  markets  not 
to  refuse  to  rent  same ; pro- 
viso. 

Ords.,  Art.  23,  Sec.  21....  926 
— disposal  of  by  clerks  of 
the  markets. 

Ords.,  Art.  23,  Sec.  20....  925 

VACANCIES, 

in  office — boiler  inspectors  ; 
Governor  to  fill  vacancies. 


Acts,  Sec.  588 355 

— New  Sewerage  Commis- 
sion ; how  filled  in. 

Acts,  Sec.  §824a 508 

— Police  Commissioners. 

Acts,  Sec.  741 449,  450 

— City  Regi.ster. 

Acts,  Sec.  35 112 

— procedure  in  filling. 

Acts,  Sec.  25 


181 


106 


VACANCIES. 


VAGRANTS. 


Page 


1622 

VAGRANTS  AND  DISOR- 
DERLY PERSONS.— (Coiit’d). 


Page 

VACANCIES.— (Cont’d) . 

— when  Mayor  shall  fill, 

Acts,  Sec.  25 106 

on  Art  Commission. 

{See  ^'Art  Commission.^ 

on  police  force. 

{See  '' Police  Commissioners' 

VACCINATIONS, 

See  Health." 

Ords.,  Art.  14,  Secs.  23, 

24 803,  804 

crews  and  passengers  at  quar- 
antine grounds  ; charges. 

Ords.,  Art.  14,  Sec.  177..  857 

repetition  on  failure. 

Ords.,  Art.  14,  Sec.  30....  805 

vaccine  ph}'sicians  to  make, 
record  and  report  same. 

Acts,  Sec.  77 140 

VACCINE  PHYSICIANS, 

See  'Health." 

Ords.,  Art.  14,  Sec.  9 

798,  799 

appointment,  duties,  salary. 

Acts,  Sec.  77 140 

appointment  of  extra. 

Ords.,  Art.  14,  Sec.  28  ...  805 

■duty  where  contagious  cases 
are  unattended  by  physician 
Ords.,  Art.  32,  Sec.  39....1058 

police  of  his  ward  to  receive 
treatment  from. 

Ords.,  Art.  14,  Sec.  9 

798,  799 

vaccine  certificates. 

Acts,  Sec.  78 141 

VACCINE  VIRUS, 

See  'Health." 

Ords.,  Art.  14,  Sec.  30....  805 

VAGRANTS  AND  DISOR- 
DERLY PERSONS, 

able-bodied  persons  commit- 


ted to  work. 

Acts,  871 556 

almshouse,  employment  in. 

Acts,  Sec.  109..... 160 


— list  of  those  committed  to. 

Acts,  Sec.  114 161 

appeals  may  be  taken  to  Crim- 
inal Court. 

note 554 

arrests  of — 

police  may  make  on  request 
or  otherwise. 

Acts,  Sec.  867 554-555 

charges  to  be  heard  before 
Criminal  Court  or  Justice 
of  the  Peace. 

Acts,  Sec.  865 554 

child  vagrants. 

— arrest  and  commitment  of 
upon  examination. 

Acts,  Sec.  883 559-560 

— definition  of'term  “vagrant 
children,”  Acts  of  va- 
ran cy  defined. 

Acts,  Sec.  883 559 

commitment  to  Maryland 
House  of  Correction,  City 
Almhouse,  or  other  places 


provided. 

Acts,  Sec.  868 555 

cost  to  be  paid  by  person 
making  charges  in  case  of 
acquittal. 

Acts,  Sec.  880 558 

definition  of  the  terms — per- 
sons designated  as. 

Acts,  Sec.  866 554 


dependent  and  vicious  chil- 
dren. 

police  magistrates,  jurisdic- 
tion of. 

Acts,  Sec.  632 379-380 

fees  for  issuing  and  serving 
warrants  and  commit- 
ments. 

Acts,  Sec.  880 558 

in  jail — 

to  work  about  premises. 

Acts,  Sec.  123 164 

institutions — 

commitment  to;  authorized 
to  make  rules  and  regula- 
tions. 

Acts,  Sec.  873 556 


VAGRANTS. 


vehicles  . 


1623 


Page 

VAGRANTS  AND  DISOR- 
DERLY PERSONS.— (Cont’d). 

jury  trials  in  Criminal  Court. 

Acts,  Sec.  879 558 

list  of,  committed  by  justices. 

Acts,  Sec.  141 168 

minors,  commitment  of. 

Acts,  Sec.  874 556-557 

— those  who  are. 

Acts,  Sec.  876 557 

— to  be  apprenticed  according 
to  State  laws  if  judge  or 
justice  so  decrees. 

Acts,  Sec.  875 557 

Orphans’  Court  shall  have 
concurrent  jurisdiction  with 
Criminal  Court  and  Justices 


of  the  Peace  over  minors. 
Acts,  Sec.  877 557 

persons  committed  must  serve 
term. 

Acts,  Sec.  870 556 

— included  in  the  terms. 

Acts,  866 554 


place  of  commitment  left  to 
judgment  of  Justice  or 
Judge  of  the  Criminal 
Court. 

Acts,  Sec.  869 555 

police  magistrates  to  try. 

Acts,  Sec.  632 379-380 

term  of  commitment  specified. 

Acts,  Sec.  872 556 

trial  to  be  same  as  for  assault 
and  battery  or  by  jury. 

Acts,  Sec.  878 557 


VALIDITY  OF  SALES, 

See  '‘'‘Mortgages." 

VALUATION  OF, 

personal  property, 
assessment  of  personal  prop- 
erty, how  ascertained. 

Acts,  Sec.  159 179 

property  in  opening,  etc., 
sewers,  proceedings  in. 

Ords.,  Art.  33,  Sec.  6,  1062-63 


Page 

VAULTS, 

and  areas. 

{See  "‘Buildings."') 

— apertures  to  be  protected 
when  open,  penalty. 

Ords.,  Art.  25,  Sec.  113,  996. 

— police  to  inform  Mayor  and 
City  Engineer  of  Con- 
struction of. 

Ords.,  Art.  25,  Sec.  114,  996 

for  privies — penalty  for  sink- 
ing under  sidewalks  or 
streets. 

Ords.,  Art.  14,  Sec.  153..  844 

— prohibited  under  sidewalks 
and  streets. 

Ords.,  Art.  14,  Sec.  152..  843 

VEGETABLE  SUBSTANCES 

ON  SIDEWALKS, 

police  regulations,  penalty. 

Ords.,  Art.  25,  Sec.  96....  990' 

VEGETABLES, 

and  agricultural  products — 
Broadway  or  County  wharf, 
landing  at. 

Acts,  Sec.  431 302 

and  fruits. 

{See  "Street  Venders  Licenses" 
under  "Licenses.") 

VEHICLES, 

See  ‘ 'Hackney  Carriages  and 
Coaches Livery  Stable 
Keepers;"  Wagons.,  Carts 
and  Drays’’  ’ and  " Wood." 

bicycles — riders  of  to  keep  on 
right  hand  side  in  passing. 

Ords.,  Art.  4,  Sec.  1 6S2 

Broadway  market,  position 
of  in, 

Ords.,  Art.  23,  Sec.  68....  940 

carriages  unemployed  in 
streets — distances  between 
and  position  of. 

Ords.,  Art.  4,  Sec.  13 

685,  686 

carts ; position  of  in  streets ; 
two  lines  of  forbidden. 

Ords.,  Art.  4,  Sec.  12 685 

coal  and  hay  wagons  and  carts. 

(^See" Inspections , Weights  and 
Measures.") 


VKHICI.KS. 


VEHICLES. 


1624 


VEHICLES.-(Cont’d) . 

contests  of  speed  forbidden  ; 
penalty. 

Ords.,  Art.  4.  Sec.  7 684 

delay  of  street  cars  by,  pro- 
hibited, penalty. 

Ords.,  Art.  30,  Sec.  45 ....1030 

draymen  to  place  horse  and 
dray  lengthwise  in  streets ; 
to  be  25  feet  apart. 

Ords.,  Art.  4,  Sec.  11 685 

drag’s  in  streets — position  of. 

Ords.,  Art.  4,  Sec.  11 685 

drivers  of,  to  hold  reins  or  re- 
tain control  of  horses  w^hile 
on  stands. 

Ords.,  Art.  4,  Sec.  14 686 

— or  owners  of  not  to  occupy 
streets  or  seek  employ- 
ment on  Sunday ; Mayor 
may  grant  permits. 

Ords.,  Art.  4,  Sec.  16 686 

■driving  regulations — drivers 
and  riders  to  keep  on  right 
hand  side  in  passing  ; pen- 
alty. 

Ords.,  Art.  4,  Sec.  1 682 

— immoderate  gait  prohibit- 
ed. 

Ords.,  Art.  4,  Sec.  3 683 

— narrow  streets  ; driving  in. 

Ords.,  Art.  4,  Sec.  2 682 

— positions  of  riders  and 
drivers  and  manner  of 
holding  reins  in  driving 
and  riding  in  streets  pre- 
scribed. 

Ords.,  Art.  4,  Sec.  3 683 

■excessive  speed  of  express 
wagons  or  vehicles;  penalty. 
Ords.,  Art.  4,  Sec.  8 684 

Eells  Point  market,  limits  for. 

Ords.,  Art.  23,  Sec.  84....  944 

hnes,  penalties  and  forfeitures 
recovery  and  accounting  of. 
Ords.,  Art.  4,  Sec.  41 693 

footways,  flagstones,  and  step- 
ping stones  not  to  be  ob- 
structed ; penalty. 

Ords.,  Art.  4,  Sec.  22 688 

for  hire— license  for  private 
vehicles  requir  ed  when 
hired. 

Ords.,  Art.  41,  Sec,  82....1227 


VEHICLES.— (Cont’d). 

funeral  processions ; riding 
across  line  of  prohibited; 
penalty. 

Ords.,  Art.  4,  Sec.  26 

689,  690 

furniture  wagons  ; stands  for 
on  German  street. 

Ords.,  Art.  4,  Sec.  38 693 

hacks,  etc.,  not  to  stand  in 
Monument  Square;  proviso. 

Ords.,  Art.  4,  Sec.  39 693 

Hanover  market,  limits  for. 

Ords.,  Art  23,  Sec.  89....  945 

hire  of,  for  removing  dead 
bodies. 

Ords.,  Art.  14,  Sec.  26....  804 

horse,  mare  or  gelding  not  to 
be  loose  in  street,  to  be 
guided  by  reins  or  led. 

Ords.,  Art.  4,  Sec.  3 683 

horses,  wagons,  etc.;  streets 
in  which  prohibited. 

Ords.,  Art.  4,  Sec.  33 691 

Lexington  market;  regulated; 
penalty. 

Ords.,  Art.  23,  Sec.  97....  948 

licenses ; provisions  relating 
to. 

Ords.,  Art.  41,  Secs.  74- 

84 1223-1227 

market  limits — regulation  of 
vehicles  within  on  market 
days ; penalty. 

Ords.,  Art.  4.  Sec.  23 688 

narrow  streets — passing  of  ve- 
hicles in  ; penalty. 

Ords.,  Art.  4,  Sec.  2 682 

night  stands  for  vehicles ; 
Sundays  excepted ; not 
more  than  eight  feet  of 
street  to  be  occupied. 

Ords.,  Art.  4,  Sec.  15 686 

obstruction  of  premises  of 
owners  fronting  on  mar- 
ket limits  ; penalty  ; owner 
may  remove  obstructing 
vehicles  ; penalty  for  inter- 
fering wdth  owners. 

Ords.,  Art.  4,  Sec.  23 

688,  689 


VEHICLES. 


vehicles. 


Page 


1625 


Page 

VEHICLES.— (Cont’d). 

Monument  Square — hack 
stands  designated  therein. 

Ords.,  Art.  4,  Sec.  39 693 

omnibuses — speed  of  limited; 
penalty. 

Ords.,  Art.  4,  Sec.  6 684 

penalties  for  violation  of  street 
regulations;  U.  S.  and 
Maryland  Government 
wagons  and  horses  except- 
ed. 

Ords.,  Art.  4,  Sec.  17 

686,  687 

police  regulations. — 

cracking  whips  near  stands; 
penalty. 

Ords.,  Art.  4,  Sec.  20....  687 
— distance  between  vehicles  in 
driving;  penalty. 

Ords.,  Art.  4,  Sec.  25....  689 
— driving  on  railway  tracks; 
penalty. 

Ords.,  Art.  4,  Sec.  19....  687 
— loading  or  unloading  of 
wagons,  etc;  position  of. 
Ords.,  Art.  4,  Sec.  21....  688 
— obstruction  of  other  wagons 
prohibited. 

Ords.,  Art.  4 Sec.  21  ..  688 
— of  streetcars;  penalty. 

Ords.,  Art.  4.  Sec.  18..  687 
— position  of  vehicles  in 
streets;  penalty. 

Ords  , Art.  4,  Sec.  21....  688 
— time  vehicles  and  horses 
may  remain  in  streets 
when  not  in  use;  penalty 
Ords.,  Art.  4,  Sec.  24....  689 


power  to  license. 

Acts,  Sec.  6 47 

— to  regulate. 

Acts,  Sec.  6 47 


public — 

contagious  or  infectious  dis- 
eases; persons  sick  with  not 
to  use. 

Ords.,  Art.  14,  Sec.  25..  804 

railroad  tracks — 

— vehicles  to  keep  on  right 
hand  side  of. 

Ords.,  Art.  30,  Sec.  8....1018 

riding  on  unauthorized;  pen- 
alty. 

Ords.,  Art.  4,  Sec.  21....  690 


VEHICLES.— (Cont’d). 
rights  on  street  railway  tracks. 
Ords.,  Art.  30,  Sec.  46 

1030-31 

rules  of  Mayor  relating  to; 
penalty  for  violation. 

Ords.,  Art.  4,  Sec.  29....  690 

Sabbath  day  regulations — 
not  to  remain  in  front  of 
premises  on  Sunday  night. 

Ords.,  Art.  4,  Sec.  15....  686 
— in  streets  on  Sabbath  day. 

Ords.,  Art.  4,  Sec.  16..  686 
— owners  or  drivers  not  to 
solicit  employment  on 
Sabbath;  permits  therefor. 
Ords.,  Art.  4,  Sec.  16....  686 
— wagons,  carts,  drays,  etc., 
not  to  be  driven  or  stand 
on  streets,  nor  horses  to 
be  fed  therein  on  Sabbath 
day. 

Ords.,  Art.  4,  Sec.  16....  686 

sales  from  in  streets;  foot- 
ways; agreement  with  prop- 
erty owners. 

Ords.,  Art,  4,  Sec.  35....  692 
— position  of  wagon. 

Ords.,  Art.  4,  Sec.  34....  692 

sidewalks,  vehicles  on — 
permit  of  Mayor  required, 
proviso;  penalty. 

Ords.,  Art.  25,  Sec.  99..  991 

sleighs  and  cars  to  have  bells 
attached;  penalty. 

Ords.,  Art.  4,  Sec.  10....  685 

speed  of  licensed  vehicle  of 
burden  limited  to  6 miles 
per  hour;  penalty. 

Ords.,  Art.  4,  Sec.  4 683 

— of  unlicensed  vehicle  of 
burden  not  to  exceed 
walking  gait;  penalty. 

Ords.,  Art.  4,  Sec.  4 673 

— over  bridges;  penalty. 

Ords.,  Art.  4,  Sec.  5 684 

stands — 

— for  carriages,  carts,  etc. 

Ords.,  Art.  4,  Sec.  30-40 

690-691 

— on  Charles  street,  vicinity 
Union  Station. 

Ords.,  Art.  4,  Sec.  40....  694 


VEHICLES . 


VESSELS. 


1626 


VEHICLES.— (Cont’d). 

— on  German  street  between 
Eutaw  and  Paca  streets. 

Ords.,  Art.  4,  Sec.  38....  693 

stands  for  prohibited  on. 

— Baltimore  street  as  desig- 
nated by  Mayor. 

Ords.,  Art.  4,  Sec.  32....  691 
— Broadway  as  designated  by 
Mayor. 

Ords.,  Art.  4,  Sec.  32....  691 
— Bowly’s  wharf  south  of 
Camden  street;  penalty. 

Ords.,  Art.  4,  Sec.  31....  691 
—Calvert  street  between  Bal- 
timore and  Lexington 
streets. 

Ords.,  Art.  4,  Sec.  39....  693 
— Camden,  Conway,  Barre, 

Lee  and  Charles  streets 
as  designated. 

Ords.,  Art.  4,  Sec.  32....  691 
— Camden  street  between 
Charles  and  Light  streets; 
penalty. 

Ords.,  Art.  4,  Sec.  37....  693 
— Camden  street  regulations. 

Ords.,  Art.  4,  Sec.  34 692 

--Charles  street  between 
Camden  and  Lombard 
streets;  penalty. 

Ords.,  Art.  4,  Sec.  30.... 

690-691 

— Fayette  street  between  St. 

Paul  and  North  streets. 

Ords.,  Art.  4,  Sec.  39....  693 
— German  street  between 
Howard  and  Eutaw 
streets. 

Ords.,  Art.  4,  Sec.  38....  693 
— Liberty  street  north  of 
Fayette  street. 

Ords.,  Art.  4,  Sec.  32....  691 
— Light  street  between  Pratt 
and  Lee  streets;  penalty. 

Ords.,  Art.  4,  Sec.  31....  691 
— Monument  Square;  penalty. 

Ords.,  Art.  4,  Sec.  39....  693 
— Pratt  street  between  South 
and  Hanover  streets. 

Ords.,  Art.  4,  Sec.  32....  691 
— Sharp  street  not  to  be  used 
for  sales  from  wagons. 

Ords.,  Art.  4,  Sec.  35....  692 

unauthorized  use  of;  penalty. 

Ords.,  Art.  4,  Sec.  27....  690 


Page 

VEHICLES.-(Cont’d). 

unemployed  carriages  for 
hire;  position  of  in  streets. 

Ords.,  Art.  4,  Sec.  13....  685 

vehicles  not  used  to  sell  from. 

Ords.,  Art.  4,  Sec.  36.... 

692-693 

wagons,  etc.,  in  markets, 
position  of;  proviso; 
penalty. 

Ords.,  Art.  23,  Sec.  56..  936 

— proviso;  penalty. 

Ords.,  Art.  23,  Sec.  57..  936 

wheels — breadth  of  regulated. 

Acts,  Sec.  6 47 

wood  carts — on  Camden  street 
prohibited. 

Ords.,  Art.  4,  Sec.  37....  693 

— Conway  street  stand  author- 
ized. 

Ords.,  Art.  4,  Sec.  37....  693 

VENDORS  IN  STREETS, 

agreement  with  property 
owners. 

Ords.,  Art.  4,  Sec.  34 692 

wagons  of;  how  to  be  placed. 

Ords.,  Art.  4 Sec.  34 692 

VENTILATION  AND  DRAIN- 
AGE, 

See  ‘ '‘Sanitary  Inspectors.  ’ ’ 

VESSELS, 

See  ‘ '‘Harbor,  Docks  and 
Wharves,"  "Health"  sub- 
title '‘'‘Contagious  and  In- 
.fectious  Diseases  ” and 
'‘'‘Quarantine  Hospital. ’ ’ 

and  crews — 

arriving  from  sea  to  be  exam- 
ined by  Quarantine  Hospi- 
tal Physician. 

Ords.,  Art.  14,  Sec.  162, 

847-848 

at  docks — 

fire  on  deck  at  night,  penalty. 

Ords.,  Art.  11.  Sec.  63....  757 

at  wharves — 

discharging  and  receiving  of 
cargoes  regulated  by  Har- 
bor Master. 

Ords.,  Art.  13,  Sec.  30....  784 

— Harbor  Master  may  extend 
time  of. 

Ords.,  Art.  13,  Sec.  16....  778 


VKSSEI.S. 


VOTING  PEACES. 


1627 


Fage 

VESSELS.— (Cont’d). 

— not  to  obstruct  other  ves- 
sels; penalty. 

Ords.,  Art.  13,  Sec.  32..  785 
— rigging  of. 

Ords.,  Art.  13,  Sec.  34....  786 

contagious  diseases, 
masters  of  to  report  thereon, 

Ords.,  Art.  14,  Sec.  14..  800 
— persons  sick  with  not  to  be 
removed  without  author- 
itv. 

Ords.,  Art.  14,  Sec.  16..  801 
— spread  from  vessels  to  be 
prevented, 

Ords.,  Art.  14,  Sec.  16..  801 
foreign — 

Harbor  Master’s  fees  from. 

(See  ''Harbor,  Docks  and 
Wharves.  ’ ’ ) 

Acts,  Secs.  465,  466 313 

goods  and  baggage  from  dis- 
infected vessels  to  be  re- 
turned. 

Ords.,  Art.  14,  Sec.  176, 

856-857 

in  harbor — 
speed  of  regulated. 

Ords.,  Art.  13,  Sec.  29....  784 

in  Jones’  Falls — 
entering  and  leaving,  draw- 
bridge regulations,  penalty. 
Ords.,  Art.  18,  Sec.  4.. 889-90 

quarantine  regulations  relat- 
ing to. 

Ords.,  Art.  14,  Secs.  159- 

178 846-858 

— charges  against,  collection 
of. 

Ords.,  Art.  14,  Sec.  173, 

855-856 

when  exempt  from  quarantine 
regulations. 

Ords.,  Art.  14,  Secs.  167- 


168 851-852 

VESTED  RIGHTS, 

Charter  not  to  ahect. 

Acts,  Sec.  2 564 

Code  not  to  impair. 

Sec.  1 1229 

VESTIBULES  ON  CARS. 

when  required;  penalty. 

Ords.,  Art.  30,  Secs.  41- 
42 1029-30 


Page 

VETERAN  VOLUNTEER  FIRE- 
MEN’S ASSOCIATION, 

appropriation  for. 

Acts,  Sec.  448  309 

VETO  BY  MAYOR, 

appropriations  by  ordinances 
and  resolutions. 

Acts,  Sec.  23 102-103 

ordinances  and  resolutions. 

Acts,  Sec.  23 102-103 

VISITORS  OF  THE  JAIL, 

See  this  sub-title  under ' 'Jail.  ’ ’ 

Acts,  Sec.  118 162 

VOID  ORDINANCES, 

note,  case  cited 198 

opening,  etc.,  streets,  effect 
of. 

Acts,  Sec.  180 198 

refund  of  assessments  under. 

Ords.,  Art.  35,  Sec.  97....1129 

VOIDING  SALES, 

See  "Mortgages.^'' 

VOLUNTEER  MILITIA  EXEMPT 
FROM  PETIT  JURY  DUTY, 

See  "Jurors.^'' 

Acts,  Sec.  622 374 

VOTERS, 

affiliation  of  to  be  registered. 

App.  C,  Sec.  1 1273 

employment  on  city  work — 
Electrical  Commission  and 
subways. 

Ords.,  Art.  9,  Sec.  4 719 

VOTES, 

counting  of  in  primary  elec- 
tions. 

App.  C,  Sec.  1 1273- 

primary  elections  for  Mayor, 
etc. 

App.  C,  Sec.  2 1275,1276- 

VOTING  PLACES, 

at  primary  elections. 

App.  C,  Sec.  1... 


.1271 


WARRANTS. 


Page 


WAGES  OF  EMPLOYES.  1628 


Page 

WAGES  OF  EMPLOYES 
OF  CITY, 

when  to  be  paid. 

Ords.,  Art.  1,  Sec.  42 

584,585 


WAGONS,  CARTS,  DRAYS, 
ETC. 

See  ‘ ‘ Vehicles'  ’ and  ‘ ‘ Wood.  ’ ’ 

coal  and  hay  wagons,  etc. 

(^See  '' Inspections y Weights  and 
Measures.  ’ ’ ) 

licenses,  provisions  relating 
to. 

Ords.,  Art.  41,  Secs.  74- 

84 1223-1227 

— powers  of  city  relating  to. 

Acts,  Sec.  6 47 

regulation  of,  powers  of  city. 

Acts,  Sec.  6 47 

wheels  of,  breadth  regulated. 

Acts,  Sec.  6 47 


WAITRESSES, 

employment  in  places  of  pub- 
lic amusemeut  as  barmaids 
prohibited. 

Acts,  Sec.  900 562 

penalty  for  employing  same 
as  barmaids  in  places  of 
public  amusement. 

Acts,  Sec.  901 562,563 


WALBROOK  PUBLIC  SCHOOL, 

sale  of  liquors  within  three- 
fourths  of  a mile  of,  for- 


bidden. 

Acts,  Sec.  §666a 407 

WALLS, 

Jones’  Falls  improvements. 

Acts,  Sec.  6 61 


— walls  of,  owners  of  property 
binding  on  to  build  and 
repair. 

Ords.,  Art.  18,  Sec.  2 889 

of  buildings. 

{See  ‘ ' Buildings y ’ ’ sub-title 
‘ ‘ Walls  of  Buildings.  ’ ’ ) 


WARDEN  OF  JAIL, 


appointment  by  visitors  of  Jail, 
subordinates. 

Acts,  Sec.  126 165 

assistants,  duties,  appoint- 
ment, compensation. 

Acts,  Sec.  130 166 

bond,  visitors  to  approve. 

Acts,  Sec.  128 165 

duties  relating  to  reduction  of 
sentence  of  prisoners. 

Acts,  Sec.  139 168 

— responsibility  for  escape  of 
prisoners. 

Acts,  Sec.  127.-. 165 

entering  jail  without  permit. 

Acts,  Sec.  136 167 

fees,  to  account  for. 

Acts,  Sec.  133 166 

oath  of  office. 

Acts,  Sec.  129 165 

penalty  for  introducing  liquor 
in. 

Acts,  Sec.  136 167 

prisoners,  conducting  them. 

Acts,  Sec.  132 166 

— to  receive  them  from  officers 
having  in  charge. 

Acts,  Sec.  131 166 

subordinates,  tenure  of  office. 

Acts,  Sec.  126 165 

— to  appoint  and  remove. 

Acts,  Sec.  130. 166 

vagrants — to  furnish  list  of 
commitments  to  Judge  of 
Criminal  Court. 

Acts,  Sec.  141 168-169 


WARDS, 

See  '‘''Legislative  Districts f 
sub-title,  ‘ ‘ Wards.  ’ ’ 

WAREHOUSES,  CON- 
STRUCTION, SPECIFICA- 
TIONS. 

See  '''‘Buildings,  ’ ’ sub-title 
‘ ‘ Walls  of  Buildings.  ’ ’ 

WARRANTS, 

service  and  execution  of. 

Acts,  Sec.  640 


384 


WATKR. 


WASHING  PAVEMENTS.  1629 


Pa^e 

WASHING  PAVEMENTS, 

Water  Board  may  prohibit, 
penalty. 

Orels.,  Art.  41,  Sec.  71..1222 

WASHINGTON  MONU- 
MENT, 

See  '’"Parks  and  Squares.'''' 

injuring  or  defacing,  penalty, 
police  regulations. 

Ords.,  Art.  25,  Sec.  61..  977 

trespassing  on  grass  or  shrub- 
bery around,  penalty. 

brds.,  Art.  25,  Sec.  60..  977 

WATCHMEN  IN  PUBLIC 
BUILDINGS, 

substitutes  for. 

Ords.,  Art.  28,  Sec.  4....1006 

WATER, 

See  ""Bills;'"  ""Collector  of 
Water  Rents  and  Licenses 
" "Pumps;' ' " " Water  Board;' ' 

""  Water  Rents ;"  and 
""Wells." 


acquisition  of  land  and  water 
courses. 

Acts,  Sec.  6 86 

agreement  for  acquisition  of 
property  and  materials. 

Acts,  Sec.  6 87 


bills  for— 

collection  of  quarterly. 

(See  below  sub-title  " " Water 
Rents. ' ' ) 

Ords.,  Art.  41,  Sec.  69.1222 

connections  for — 

Ords.,  Art.  35,  Sec.  109..1133 
1134 


bonds — 

issue  of,  authorized. 

Acts,  Sec.  6 92 

collection  of  water  rents. 

Acts,  Sec.  6 91 

condemnation  proceedings  in 
relation  to. 

Acts,  Sec.  6 88-91 

— duty  of  court. 

Acts,  Sec.  6 90 


— inquisition  to  be  in  writing. 
Acts,  Sec.  6 


Page 

WATER.-(Cont’d). 

— jury  of  condemnation. 

Acts,  Sec.  6 88-91 

— compensation  of  jurors  and 
sheriff. 

Acts,  Sec.  6 90-91 

— dut}^  of  jury. 

Acts,  Sec.  6 89 

— oath  of  jury. 

Acts,  Sec.  6 89 

— selection  of  jury. 

Acts,  Sec.  6 89-90 

— property  condemned. 

Acts,  Sec.  6 90 

decision  in  relation  to. 

Acts,  Sec.  6,  note 92 


discharging  on  new  paving 
unlawful,  penalty. 

Ords.,  Art.  25,  Sec.  116..  996 
997 

excessive  discharge  of  from 
hydrants,  penalty. 

Ords.,  Art.  40,  Sec.  19.1183 
1184 


fines  and  penalties. 

Acts,  Sec.  6 92 

— for  injury  to,  recovery  and 
collection  of. 

Acts,  Sec.  905 564 

— recovery  and  accounting. 


Ords.,  Art.  40,  Sec.  43..1190 

in  ice  ponds — 
permitted  from  Nov.  1,  to 


March  1,  only. 

Ords.,  Art.  14,  Sec.  117..  832 

injury  to  system  punishable 
by  fine. 

Acts,  Sec.  904 564 

— action  for  damages  may 
also  lie. 

Acts,  906 564 

introduction  of  water  supply 
into  city. 

Acts,  Sec,  6 87 


misuse  or  waste  of,  police  to 
report. 

Ords.,  Art.  25,  Sec.  115  996 

ordinances  in  relation  to. 

Acts,  Sec.  6 86-87 

pollution  of — 

— by  acts  of  defilement  or 
use  of  foreign  matter  or 
substances. 

Acts,  Sec.  902 563 


89 


WATER. 


WATER 


1630 


Page 


WATER.- (Cont’d). 

— by  factories;  penalty. 

Acts,  Sec.  903 563 

powers  in  relation  to  water 
supply. 

Acts,  Sec.  6 86 

prohibited  hydrants;  penalty. 

Ords.,  Art.  40,  Sec.  20..1184 

protection  of  water  system. 

* Acts,  Sec.  6 91 

rates  for. 

{See  ‘ ‘ Water  Rents.  ’ ’ ) 

— assessment  of. 

Ads,  Sec.  6 91 

— Water  Board  to  fix  or  abate; 
powers  of  Board  relating 
to. 

Acts,  Sec.  87A 147 


receptacles  for  watering  cows. 

Ords.,  Art.  14,  Sec.  49..  810 

rights  and  franchises  for — 
acquisition  of  rights  of  water 
companies  by  city. 


Acts,  Sec.  6 93-94 

sale  of  water. 

Acts,  Sec.  6 87 

stock — 15,000,000  loan  author- 
ized. 

Acts,  Sec.  6 91 

stops  for. 

Ords.,  Art.  40,  Secs.  39, 

40 1187 


system  in  Annex  and  suburbs — 
procedure  for  acquisition  of 
water  rights  in  Annex  and 


suburbs. 

Acts,  Sec.  6 93 

unlawful  use  of;  penalties. 

Ords.,  Art.  40,  Secs. 

9,  10 1181 


used  by  city — 

tax  for  payment  for. 

Ords.,  Art.  41,  Sec.  67..1221 

watchman  and  police  for. 

Acts,  Sec.  6 91 

Water, 

—bonds. 

Acts,  Sec.  6.... 


Page 

WATER.-(Cont’d). 

Water. — ( Cont  ’ d) . 

— closets — 

prohibited  in  cow  stables. 
Ords.,  Art.  14,  Sec.  43....  809 
— companies — 

acquisition  of  their  proper- 
ty and  rights.  Title  there- 


ot  acquired  by  city. 

Acts,  Sec.  6 93-94 

— rates. 

Acts,  Sec.  6 91 

— stock. 

Acts,  Sec.  6 91-92 

— system. 

civil  actions  for  damages 
to. 

Acts,  Sec.  906  564 

— fines  and  penalties  for 
injury  to. 

Acts,  Sec.  905  564 

— injuries  to;  penalty. 

Acts,  Sec.  904. 564 


Water  Board, 

— accounts  and  records  of. 

Ords.,  Art.  40,  Sec.  2....1177 
— annual  report  — of  Board; 
of  Water  Engineer. 

Ords.,  Art.  40,  Sec.  2..1178 
— bonds  of  subordinates  of. 

Ords.,  Art.  40,  Sec.  3..1178 
— defective  pipes  to  be  re- 
paired by. 

Ords.,  Art.  40,  Sec.  25. .1185 
— digging  up  streets;  powers 
and  duties  relating  to. 

Ords.,  Art.  40,  Sec.  23..1185 
— entry  to  premis  es  by  agents 
of. 

Ords.,  Art.  40,  Sec.  12..1181 
— fire  plugs  — injury  to  or 
unauthorized  use  of; 
penalty. 

Ords.,  Art.  40,  Sec.  17.1183 
— fountains — 

construction  of. 

Ords.,  Art.  40,  Sec.  15..1182 
— erection  of. 

Ords.,  Art.  40,  Sec.  14 

1182 

— replacement  of  pumps. 

Ords. , Art.  40,  Sec.  14 

1182 

— ^hydrants  to  be  approved  by. 

Ords.,  Art.  40,  Sec.  21....1184 
— officers  and  employes  of  to 
report  wrongful  use  of 
water. 

Ords.,  Art.  40,  Sec.  11..1181 


92 


WATER. 


WATER  RENTS. 


Page 


1631 


Page 

WATER.— (Cont’d). 

Water  Board. — (Cont’d). 

— opening  and  restoring  pave- 
ments. 

Ords.,  Art.  40,  Secs.  27- 

31 ..  ...1186-1187 

— street  surface  and  laying 
pipes;  powers  relating 
to. 

Ords.,  Art.  40,  Secs. 

23-29  1184-1187 

— pavement;  permits  to  re- 
move— penalty. 

Ords.,  Art.  40,  Sec.  28..1187 
— penalties — for  injury  t o 
water  system,  works  and 
property. 

Ords.,  Art.  40,  Sec.  1....1177 
— when  owners  refuse  en- 
try to  premises. 

Ords. , Art.  40,  Sec.  12..1181 
— pipes,  mains,  works,  etc., 

— ^laving  and  repair  of. 

Ords.,  Art.  40,  Sec.  24..1185 
— penalty  for  injuring. 

Ords., Art.  40,  Sec.  22..1184 
— penalty  for  unlawful  tap- 
ping. 

Ords.,  Art.  40,  Sec.  9..1181 
— powers  of  board  relating 
to. 

Ords.,  Art.  40,  Sec.  23..1185 
— repair  of  same;  access  to; 
penalty  against  owners 
failing  to  repair. 

Ords., Art.  40,  Sec.  26..1186 
— unlawful  connections  or 
introduction  of  water  ; 
penalty. 

Ords.,  Art.  40,  Sec.  10..1181 
— when  owner  shall  repair. 
Ords., Art.  40,  Sec.  26..1186 
— powers  relating  to  water 
works,  laying  of  mains 
and  pipes  and  preserva- 
tion of  city  water  property. 

Ords.,  Art.  40,  Sec.  1 1177 

— public  improvements;  de- 
partment of  ; board  mem- 
ber of. 

Acts,  Sec.  84 143 

— rates  for  water ; board  may 
fix  or  abate ; powers  of 
board. 

Acts,  Sec.  87A 147 

— repair  of  pavement  on  de- 
fault of  Water  Board- 
duty  of  City  Engineer. 

Ords.,  Art.  40,  Sec.  27....1186  [ 


WATER.— (Cont’d). 

Water  Board. — (Cont’d). 

— repaving  of  streets  opened 
or  dug  up  by. 

Ords.,  Art.  40,  Sec.  29....1187 
— rules  and  regulations  of ; 
power  to  make  and  pre- 
scribe penalties  for  en- 
forcement of. 

Ords.,  Art.  40,  Sec.  1 1177 

— stops  of  private  water  pipes 
to  be  marked  ; penalty. 
Ords.,  Art.  40,  Sec.  30....1187 
— street  surface;  to  be  re- 
stored without  delay. 

Ords.,  Art.  40,  Sec.  24....1185 
— subordinates — bonds  of. 

Ords.,  Art.  40,  Sec.  3 1178 

— Water  Engineer  to  ap- 
point; board  to  approve. 

Acts,  Sec.  87 147 

— tapping  water  pipes ; pen- 
alty. 

Ords.,  Art.  40,  Sec.  9 1181 

— title  papers  to  water  prop- 
erty. 

Ords.,  Art.  40,  Sec.  2 1177 

— water-stops  to  be  marked 
on  pavements. 

Ords.,  Art.  40,  Sec.  31....1187 
— supply,  to  be  in  charge  of 
Board. 

Acts,  Sec.  87 146 

Water  Engineer. 

— appointment,  qualifications, 
duties  and  salary. 

Acts,  Sec.  87 146-147 

— of  subordinates  o f Water 
Board ; compensation 
of. 

Acts,  Sec.  87 147 

— screws  of  fire  plugs  to  con- 
form to  standard. 

Ords.,  Art.  11,  Sec.  37....  749 

WATERING  SIDEWALKS, 

streets  where  restricted,  hours 
for,  penalty. 

Ords.,  Art.  25,  Sec.  100..  992 

WATER  RENTS, 

abatement  of  charges  in  dis- 
cretion of  Board. 

Ords.,  Art.  41,  Sec.  70....1222 
— when  allowed  and  made. 

Ords.,  Art.  40,  Sec.  8 1180 


WATER  RENTS. 


WATER  RENTS, 


1632 


WATER  RENTS.— (Cont’d). 
academies,  colleges,  etc., 
charges  to. 

Ords.,  Art.  41,  Sec.  60....1220 
accounts  of. 

Ords.,  Art.  40,  Sec.  4 1178 

annual  charges  for  domestic 
use. 

Ords.,  Art.  41,  Sec.  54.... 

1216-17 

assessments  of ; duties  of 
collector  of  water  rents 
and  licenses. 

Ords.,  Art.  40,  Sec.  4 1178 

collections  quarterly. 

Ords.,  Art.  41,  Sec.  69....1222 

Bills  for, 

— discount  rates  to  be  printed 
on. 

Ords.,  Art.  40,  Sec.  6 1179 

— in  arrears. 

Ords., Art.  41,  Sec.  9 

1180,  1181 

— boilers,  steam,  rates  per 
horse-power. 

Ords.,  Art.  41,  Sec.  56....1218 
— buildings  other  than  dwell- 
ings, charges  for. 

Ords.,  Art.  41,  Sec.  68....1221 
— carriages,  charges  to  own- 
ers of. 

Ords.,  Art.  41,  Sec.  55....1218 
cellar  drainers  in  dwellings, 
no  charge  for  water  used 
in. 

Ords.,  Art.  41,  Sec.  73....1223 
Charges  and  Rates  for, 

— when  due  and  payable. 

Ords.,  Art.  41,  Sec.  5 1179 

— for  domestic  uses, 

Ords.,  Art.  41,  Sec.  54.... 

1216-17 

— for  use  beyond  city  limits. 

Ords., Art  41,  Sec.  72..1222-3 
— for  uses  not  specifically 
provided  for. 

Ords., Art.  41,  Sec.  68....1221 
— charitable  institutions, 
rates  fixed  annually,  basis 
for. 

Ords.,  Art.  41,  Sec.  66....1220 
— where  over  two-thirds  of 

inmates  are  treated  free. 

Ords.,  Art.  41,  Sec.  58..1219 
— where  between  one-third 

and  two- thirds  of  inmates 

treated  free. 

Ords.,  Art.  41,  Sec.  59....1219 


Page 

WATER  RENTS-(Cont’d). 

Charges  and  Rates  for. — (Cont’d). 
— where  less  than  one-third 

of  inmates  treated  free. 

Ords.,  Art.  41,  Sec.  60..1219 
— giving  no  free  treatment. 

Ords.,  Art.  41,  Sec.  61..1219 
— churches  and  religious 
corporations. 

Ords.,  Art.  41,  Sec.  65..122a 
— city  departments,  tax  for 
pa3^ment  for  water  used  ‘ 
in. 

Ords.,  Art.  41,  Sec.  67....1221 
— city  limits,  water  furnished 
beyond,  charges  for. 

Ords.,  Art.  41,  Sec.  72..1222 
1223 


— collection  of. 

Acts,  Sec.  6 91 

Acts,  Sec.  59 132 


— colleges,  schools,  etc. 

Ords.,  Art.  41,  Sec.  63..1220 
— conditions  of  use  for 
power. 

Ords.,  Art.  41,  Sec.  54.. 1218 
— corporations,  religious, 

etc. 

Ords.,  Art.  41,  Sec.  62....1220 
— definition  of  “free  care.” 

Ords.,  Art.  41  Sec.  65....1220 
— discounts  on  bills  for. 

Ords.,  Art.  40,  Sec.  5 1179 

— domestic  purposes,  charges 
for. 

Ords.,  Art.  41,  Sec.  54....1216 
— dwellings,  permit  for 

other  than  domestic,  uses 
in. 

Ords.,  Art.  41,  Sec.  54..1218 
— elevators,  hydraulic,  rates 
for,  proviso. 

Ords.,  Art.  41,  Sec.  57....1219 
— family  use  of  water. 

Ords,,  Art.  41,  Sec.  54..1216 
— “free  care,”  defined. 

Ords.,  Art.  41,  Sec.  65. .1220 
— funds  from  collection  of, 
accounting. 

Ords.,  Art.  40,  Sec.  4....1178 
— horses,  charge  per  head 
for  other  than  draught 
horses. 

Ords.,  Art.  41 , Sec.  54....1218 
— hydraulic  elevators,  re- 
turn tank  system  re- 
quired. 

Ords.,  Art.  41,  Sec.  57....1219 


WATER  RKNTvS. 


1633  WEIGHTS  AND  MEASURES. 


Page 

WATER  RENTS.— (Cont VI.) 
Charges  and  Rates  for — (Cont’d) 

— improper  use  of  water, 
penalty. 

Ords.,  Art.  41,  Sec.  54..1217 
— institutions,  charitable, 

etc. , rates  to. 

Ords.,  Art.  41,  Secs.  58- 

61 1219 

— basis  of  rates  to. 

Ords.,  Art.  41,  Sec.  66..1220 
— measurement  of  water, 

meters  for. 

Ords.,  Art.  41,  Sec.  64.. ..1220 
— meter  rates  in  lieu  of  fixed 
charges. 

Ords.,  Art.  41,  Sec.  68....1221 
— department  to  furnish 
meters. 

Ords. , Art.  41,  Sec.  64.. 1220 
— miscellaneous  uses,  charges 
for. 

Ords.,  Art.  41,  Sec.  68. ..1221 
— non-automatic  cellar  drain- 
ers, prohibited. 

Ords.,  Art.  41,  Sec.  73..1223 
— power,  permit  for  use  for 
in  dwellings. 

Ords  , Art.  41,  Sec.  54..  1217 
— private  families  and 

domestic  uses,  rates  for. 

Ords.,  Art.  41,  Sec.  54.1216 
1217 

— rates  in  special  cases. 

Ords.,  Art.  41,  Sec.  54...  1217 
— of  discount  for. 

Ords.,  Art.  40,  Sec.  5..1179 
— religious  corporations, 
charges  to. 

Ords.,  Art.  41,  Sec.  62..1220 
— return  tanks  for  elevators 
required. 

Ords.,  Art.  41,  Sec.  57....1219 
— scale  of  charges  for  private 
families  and  domestic 
uses. 

Ords.,41,Art.Sec.  54..1216-17 
— schools,  universities,  etc. 

Ords.,  Art.  41,  Sec.  63..1220 
— stables,  meters  in,  charge 
for  horses. 

Ords.,  Art.  41,  Sec.  54....1218 
— steam  boilers,  rates  per 
horse-power. 

Ords.,  Art.  41,  Sec.  56..1218 
— suburban  territory,  rates 

for. 

Ords.,  Art.  41,  Sec.  72..1222 
1223 


Page 

WATER  RENTS.— (Cont VI). 

tax  for  payment  of  water 
used  by  city. 

Ords., Art.  41,  Sec.  67 1221 

violation  of  provisions  re- 
lating to;  duty  of  City 
Solicitor. 

Ords.,  Art.  41,  Sec.  15.. 1200 
works. 

(See  ‘ ‘ Water  Board. ' ’ ) 

Ords.,  Art.  40,  Sec.  1,  1177 

works,  pipes  and  property. 

— penalty  for  injuring. 

Ords.,  Art.  40,  Sec.  22,  1184 

WATER,  SEWER  AND  GAS 
CONNECTIONS, 

permits  for. 

Ords.,  Art.  35,  Sec.  109, 

1133-1134 

WEIGHING, 

coal. 

(See  ''Coal.'') 
ice. 

sales  by  weight,  penalty. 

Ords.,  Art.  17,  Secs.  33- 
34 886 

WEIGHTS  AND  MEASURES, 

See  ' 'Inspections  Weights  and 
Measures. ' ' 

clerks  of  markets  to  detect 
shortweights  and  measures, 
penalty  for  false  weights 
and  measures. 

Ords.,  Art.  23,  Sec.  3....  919 

condemned  or  injured  and 
afterwards  used,  penalty. 

Ords.,  Art.  17,  Sec.  15..  881 


inspection  of. 

Acts,  Sec.  6 55 

— and  stamping,  symbol. 

Ords.  Art.  17,  Sec.  10....  879 

inspectors  of. 

Acts,  Sec.  34 Ill 


keepers  of. 

(See  ' 'Inspections,  Weights 
and  Measures,") 

standards,  etc. 

Acts,  Sec.  6 


55 


WEIGHTS. 


1634  WIDOWS  AND  CHILDREN. 


Page 

WEIGHTS, 

sales  by. 

false  weights,  penalty. 

Ords.,  Art.  23,  Sec,  31..  929 

WELFARE  AND  OTHER 
POWERS, 


ordinances  relating  to. 

Acts,  Sec.  6 94 

power  of  city  in  relation 
thereto. 

Acts,  Sec.  6 94 


WELLS, 

abandoned  wells  to  be  cov- 
ered. 

Ords.,  Art.  40,  Sec.  38..1189 

and  springs. 

(S^e  Health.") 

Ords.,  Art.  14,  Sec.  127, 

834-835 

condemned  wells, 
fountains  in  place  of. 

Ords.,  Art.  40,  Sec.  42,  1190 
— use  of  water  to  be  pre- 
vented, posting  of  well. 
Ords.,  Art.  40,  Sec.  41,  1190 

covering  over  wells,  penalty 
for  failure  to  replace. 

Ords.,  Art.  40,  Sec.  40,  1190 

privy — 

to  be  constructed  for  one 
house. 

Ords.,  Art.  14,  Sec.  137,  839 

sites  of  abandoned  wells  to  be 
covered. 

Ords.,  Art.  40,  Sec.  39....1189 

WHARVES, 

See  ''Harbor^  Docks  and 
Wharves." 

Ords.,  Art.  13,  Sec.  13..  777 
and  docks — 

condemnation  of  wharfage 
and  dockage  rights. 

note.  Acts,  Sec.  6 49 

and  piers — 

(^See  "Harbor,  Docks  and 
Wharves.") 

Ords.,  Art.  13,  Sec.  11..  776 


Page 

WHARVES. -(Cont’d). 
fire  precautions  on. 

open  lamps,  matches,  pipes, 
etc.,  prohibited. 

Ords.,  Art.  11,  Sec.  64..  757 

ice  and  snow  on,  removal  of. 
Ords.,  Art.  36,  Sec.  2, 

1140-1141 

Ords.,  Art.  36,  Sec.  15..1145 

preservation  and  repair  of 
wharves  and  regulation  of 


wharfage. 

Acts,  Sec.  6 52 

public — 

goods  on,  regulated. 

Acts,  Sec.  6 52 


wharf  and  pier  regulations. 

(See  "Harbor,  Docks  and 
Whafves.") 

Ords.,  Art.  13,  Sec.  30..  784 

wharfage — at  city  wharves. 

Acts,  Sec.  6 53 

— auction  duties  forfeited  by 
city  when  certain  charges 
are  made. 

Acts,  Sec.  277 236 

— vessels— wharfage  from,  col- 
lection of. 

Acts,  Sec.  6 52-53 

— wharf  taxes 

imposition  of. 

Acts,  Sec.  6 52 

wood  shavings  on,  prohibited; 
penalty. 

Ords.,  Art.  14,  Sec.  121..  833 

WHEELBARROWS,  ETC.,  ON 
SIDEWALKS, 

hand  carts,  etc.,  unlawful, 
penalty,  proviso. 

Ords.,  Art.  25,  Sec.  98..  991 

WHISTLES, 

locomotive  whistles  not  to  be 
blown  in  city  limits; 
penalty. 

Ords.,  Art.  30,  Sec.  14.. 1020 

WIDOWS  AND  CHILDREN 

See  ‘ 'Dire  Department-,  ’ ’ 
"Firemen"  and  "Special 
Police  Fund.  ’ ’ 


WlIvKKNS  AVENUE. 


WOOD. 


Page 


1635 


Page 

WILKEN  S AVENUE, 

cattle,  driving  through  un- 
lawful . 

Ords.,  Art.  25,  Sec.  31 

968-969 

WILSON  STREET, 

cattle,  driving  through,  pro- 
hibited. 

Ords.,  Art.  25,  Sec.  25..  967 


WINES  OR  LIQUORS, 

markets;  sales  in  prohibited, 
penalty. 

Ords.,  Art.  23,  Sec.  36..  930 


WINDOWS, 

bulky  articles  not  to  be  thrown 
from;  proviso. 

Ords.,  Art.  25,  Sec.  86....  987 


WIRE  GLASS  SASH, 

See  ‘ ^Buildings'  ’ sub-title 
‘ 'Fire  Regulations . ’ ’ 

Ords.,  Art.  3,  Sec.  81....  628 

WIRES  AND  WIRING, 

electrical  installation — 

{See  ‘ 'Inspector  of  Build- 
ings" sub-title  "Electrical 
Installation  and  Wh  mg') ' ’ . 
Ords.,  Art.  3,  Sec.  44-54 

614-618 

electrical  wiring. 

{See  ' 'Licenses,  ’ ’ ‘ 'In stalla- 
tion  of  Electrical  Appar- 
atus and  Wiring.") 

to  be  placed  underground  in 
conduits. 

(‘  'See  Electrical  Commission 
and  Subways' ' ) 

Acts,  Sec.  6 81 

Ords.,  Art.  9,  Sec.  6-11 

719-722 

underground — power  of  city 
to  order  same  placed  under- 


ground. 

Acts,  Sec.  6 81 

use  of  streets  by. 

Acts,  Sec.  6 80 


WITNESSES, 

See  "Grand  fury." 


for  prosecution — 

names  to  be  indorsed  by  J. 

P.  on  commitment  or  recog- 
nizance when  jury  trial 
prayed . 

' Acts,  Sec.  634 381 

compensation;  when  allowed; 
out-of-town  witnesses. 

Acts,  Sec.  387 293 

fine  of  when  absent. 

Acts,  Sec.  346...: 279 


WIVES  OF  FIREMEN, 

payment  to  on  death  of  hus- 
band. 

Ords,  Art.  11,  Secs.  11- 
12 739-740 

WOMEN  NOTARIES  PUBLIC. 

See  "Notaries  Public." 

WOMEN’S  MERCHANDISE 
LICENSES. 

See  "Licenses." 
conditions  of  issue;  fee;  pen- 
alty for  misuse. 

Ords.,  Art.  41,  Sec.  85..1228 

WOOD, 

See  ' 'Inspections,  Weights 

and  Measures." 
arbitration  of  disputes  in  meas- 


urement of. 

Acts.  Sec.  599  359 

carts  for. 

{See  "Wood.") 

— regulations  for. 

Ords.  Art.  4,  Sec.  37 693 

certificates  of  measurer  of 
wood-carts. 

Acts,  Sec.  590 356 

cord  wood;  contents  of  a cord 
of  wood. 

Acts,  Sec.  591  356 

marking  of  wood-carts;  capac- 
ity to  be  indicated  by  mark- 
ing. 

Acts,  Sec.  594 357 


WOOD. 


1636  WORN-OUl'  RECORDS. 


Page 


WOOD.— (Cont’d). 

measurer  of  wood-carts;  com- 
pensation of. 

Acts,  Sec.  590 356 

— duties;  to  issue  certificates 
of  measurement. 

Acts,  Sec.  590 356 

oath  of  measurer  of  wood- 
carts. 

Acts,  Sec.  593 357 

office  of  measurer. 

Acts,  Sec.  594 357 

owners  or  dealers  to  have 
carts  inspected;  penalty. 

Acts,  Sec.  598 358 

penalties  for  violations  of 
provisions  relating  to  in- 
spection of  wood-carts  and 
sale  of  wood. 

Acts,  Sec.  598 358 

sawed  and  split  wood;  meas- 
urement of. 

Acts,  Sec.  594 357 

shavings  {See  ‘ 'Health.  ’ ’ ) 

Ords.,  Art.  14,  Sec.  121  833 

short  measure,  penalty  for. 

Acts,  Sec.  592 357 

stick  wood  sold  at  retail, 
measurement  of. 

Acts,  Sec.  595 357 

unlawful  sales  of  by  dealers, 
penalty. 

Acts,  Sec.  596  358 


use  of  in  locomotive  engines 
permitted;  proviso. 

Ords.,  Art.  30,  Sec.  16. ...1021 

wood  carts,  measurer  of. 

Acts,  Sec.  590 356 

WOODBERRY, 

cattle,  hours  for  driving 
through. 

Ords.,  Art.  25,  Sec.  31, 

968-9 

factory — 

sale  of  liquors  at,  prohibited. 

Acts,  Sec.  665.. 406 


Page 

WOODEN, 

buildings  and  frame  sheds. 

{See  "Buildings'’'  sub-title 
‘ 'Frame  Sheds  and  Wooden 
Buildings."') 

Ords..  Art.  3,  Secs.  89- 
92 630-632 

structures  in  markets — 

permanent  erection  of  pro- 
hibited, penalty,  provisos. 
Ords.,  Art.  23,  Sec.  45..  932 

WORK  AND  LABOR, 

bills  for  supplies  to  be  paid 
by  comptroller  except  on 
written  order. 

Ords.,  Art.  6,  Sec.  33,....  710 
and  note 708,709 

City  Engineer  authorized  to 
employ  for  City. 

Ords.,  Art.  35,  Sec.  5 1092 

contracts  for. 

Acts,  Sec.  15 99 

— when  let  by  New  Sewerage 
Commission. 

Acts,  Sec.  §824e 513-514 

grading,  paving,  etc — 

City  Engineer  may  employ 
day  labor  or  contract  there- 
for. 

Ords.,  Art.  35,  Sec.  81..1121 

inspection  of  memoranda  by 
Ma}^or,  Comptroller  and 
City  Council. 

Ords.,  Art.  6,  Sec.  33....  710 
and  note 708-709 

memorandum  of  orders  for  on 
behalf  of  city  to  be  kept, 
data  thereof. 

Ords.,  Art.  6,  Sec.  32....  710 
and  note 708-709 

orders  for  on  behalf  of  city  to 
be  in  writing  and  signed. 

Ords.,  An.  6,  Sec.  31....  709 
and  note 708-709 

police  not  to  perform  other 
than  police  duties. 

Acts,  Sec.  §759a 468 

WORN  OUT  RECORDS, 

See  "La?id  Records." 


WRIT  OF  replevin. 


1637  ZOOLOGICAL  COLLECTION. 


Page 

WRIT  OF  REPLEVIN, 

See  '"Writs." 

WRITS, 

renewable  until  executed. 


Acts,  Sec.  305 263 

renewal  of. 

Acts,  Sec.  305 262 

returnable  in  all  cases  before 
station-house  justices. 

Acts,  Sec.  641 384 

when  returnable. 

Acts,  Sec.  304 262 


where  returnable  wdien  issued 
byj.  P. 

Acts,  Sec.  627 


Page 

YORK  ROAD, 

cobble-stone  and  macadam 
paving  on,  prohibited. 

Acts,  Sec.  §838a, 528 

ZELL  & CO.,  R.  R., 

contract  with  city  for  removal 
of  night-soil;  violation  of; 
penalty. 

Ords.,  Art.  14,  Sec.  156..  845 

ZOOLOGICAL  COLLEC 
TION, 

See  ""Parks  and  Squares." 


376 


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